Uganda’s Assent to Controversial UPDF Act Triggers Alarm over Civilian Rights and Executive Power
Subjecting civilians to the jurisdiction of military courts is unconstitutional, undemocratic, and an affront to natural justice," said renowned rights lawyer Eron Kiiza in a strongly worded post on social media. “Court martials are designed for military discipline—not civil justice.
Uganda Today: Uganda’s Assent to Controversial UPDF Act Triggers Alarm over Civilian Rights and Executive Power
By Uganda Today News Desk | www.ugandatoday.co.ug | June 16, 2025
In a move that has ignited intense public debate and sharp criticism from human rights defenders, civil society organisations, and opposition leaders, President Yoweri Museveni has assented to the recently passed Uganda Peoples’ Defence Forces (UPDF) (Amendment) Act, 2025. The law, which sailed through Parliament despite stiff resistance from a section of lawmakers, introduces sweeping provisions that critics say erode civilian rights and dangerously tilt the balance of power toward the military.
Salient Clauses Stirring Public Outrage
Two clauses in particular have become lightning rods for public discontent:
1. Trying Civilians in Court Martial
The newly amended law provides for civilians to be subjected to military courts under specific circumstances—particularly when they are alleged to have committed offences related to national security, classified military installations, or operations involving the UPDF.
This provision has sparked alarm among legal practitioners and civil liberties advocates who argue that it contravenes Article 28 of the Constitution, which guarantees every individual the right to a fair hearing before a competent, independent, and impartial court.
“Subjecting civilians to the jurisdiction of military courts is unconstitutional, undemocratic, and an affront to natural justice,” said renowned rights lawyer Eron Kiiza in a strongly worded post on social media. “Court martials are designed for military discipline—not civil justice.”
2. President Ceding Power to the CDF in Civil Unrest
Another controversial clause empowers the Chief of Defence Forces (CDF) to assume command and take control of national affairs if the President, Commander-in-Chief of the Armed Forces, is deemed unable to exercise executive power due to widespread civil unrest or breakdown of public order.
Critics say this clause opens the floodgates to de facto military rule under the guise of national emergency. While government representatives claim the provision is necessary for national stability, opposition figures have labelled it a “constitutional coup in disguise.”
“This is a backdoor attempt to militarise civilian governance and concentrate unchecked power in the army,” said MP Zaake Francis Butebi of Mityana Municipality. “In a democracy, power flows from the people, not the gun.”
Supporters Defend the Bill
Government-aligned legislators have defended the amendments, insisting that Uganda’s unique security landscape—marked by insurgencies, terrorism threats, and politically motivated violence—necessitates stronger security legislation.
“No one is above the law, whether in military or civilian clothes,” said Hon. Jacob Oboth Oboth, Minister of Defence and Veteran Affairs. “Where civilians collaborate with terrorists or attack military institutions, the military has a right to try them under its own procedures.”
Public Reaction and Fear of Precedent
The public backlash has been swift and vocal. A coalition of civil society organisations has vowed to petition the Constitutional Court to nullify the contentious clauses. Social media has been flooded with hashtags like #StopUPDFLaw and #CivilianJusticeMatters as youth-led movements rally against what they see as creeping authoritarianism.
Prominent exiled political activist and award winning writer Kakwenza Rukirabashaija says the law as “an open declaration that Uganda is no longer a civilian-led state but a barracks state.”
Constitutional and Historical Implications
The new UPDF law reawakens fears rooted in Uganda’s troubled past, where military overreach and impunity played a central role in civil conflict. It also raises urgent questions about the separation of powers, civilian oversight of the military, and the robustness of Uganda’s democratic institutions.
Legal experts warn that the amendments may trigger constitutional challenges and even diplomatic friction with Uganda’s international partners, many of whom have invested in governance and rule of law programs across the country.
Conclusion
As Uganda enters a crucial political season ahead of the 2026 general elections, the newly assented UPDF Act could define the contours of civil-military relations for years to come. Whether it strengthens national security or undermines the rule of law depends on how it is implemented—and resisted.
For continued updates on this developing story, stay tuned to www.ugandatoday.co.ug.
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