UPDF Legal Reform Bill Raises Alarm Over Civilian Rights and Military Court Jurisdiction
KAMPALA, UGANDA – The Ugandan government has officially tabled the Uganda Peoples’ Defence Forces (Amendment) Bill, 2025, a comprehensive proposal aimed at realigning military law with a 2021 Supreme Court ruling that limited the trial of civilians in military courts.
The 143-page Bill, presented by Defence Minister Jacob Oboth Oboth, outlines 84 clauses intended to overhaul the current UPDF Act (Cap. 330). Central to the proposed reforms is an attempt to define the “exceptional circumstances” under which civilians may be subjected to military jurisdiction.
Supreme Court Ruling Spurs Reform
The legislation stems from the Attorney General vs. Michael Kabaziguruka case, where Uganda’s top court ruled that military courts lacked the constitutional authority to try civilians—except under narrowly defined, rare circumstances. The judgment emphasized Article 28, which guarantees the right to a fair trial before an independent and impartial court.
Notable past cases, such as those involving Dr. Kizza Besigye and Obeid Kamulegeya, were shifted from military to civilian courts as a result of the ruling.
Clause 30: The Grey Area of Civilian Trials
A focal point of the Bill is Clause 30, which introduces Section 117A, detailing categories of civilians who could be prosecuted in military courts:
- Civilians accompanying military units (including spouses and dependents)
- Military contractors or persons “engaged” by the army (undefined scope)
- Persons caught with military-grade weapons or equipment
- Civilians assisting soldiers in crimes like treason or robbery
- Individuals found with UPDF uniforms or classified items
- Ugandan citizens serving in foreign armed forces
While the Bill uses the court-approved phrase “exceptional circumstances,” critics argue it provides vague definitions that could be exploited by military authorities.
Legal Concerns: “Disguised Compliance”
Prominent human rights lawyer Nicholas Opiyo described the Bill as a “clever disguise” of compliance. He argued it fails to meet the spirit of the Supreme Court judgment, instead reintroducing old provisions and giving military authorities broad powers over civilians.
“Labeling common situations like aiding a soldier or wearing a UPDF uniform as ‘exceptional’ is a clear stretch,” Opiyo stated.
Key Proposals in the Bill
Beyond civilian trials, the UPDF Amendment Bill proposes major structural reforms:
- Creation of a Military Courts Department and disciplinary wing
- Defined appeal mechanisms for court martial rulings
- Inclusion of Special Forces Command and Reserve Force under UPDF operations
- Repeal of the outdated Veterans Assistance Board Act
- Updated provisions for military pensions, compensation, and healthcare
What’s Next
As Parliament begins deliberation, the Bill has drawn both support and skepticism. While the Defence Ministry insists the reforms will enhance military justice and align with constitutional values, human rights advocates are urging legislators to implement clearer safeguards to prevent the erosion of civilian legal rights.
All eyes are now on how the legislative body will handle one of the most contested military legal overhauls in recent Ugandan history.
