Tarehe Sita has over the years become synonymous with fostering better relations between the military and civilians across the country through medical outreach programs and public sanitation activities, among others.
As we reflect on the significance of the 44th Tarehe Sita commemoration at Kyotera in Rakai District, we urge the Uganda People’s Defence Forces (UPDF) to adhere to the judgment of the Supreme Court in Attorney General v. Hon. Michael Kabaziguruka (Consitutional Appeal 2 of 2021), wherein the top court unequivocally declared the trial of civilians in military courts unconstitutional.
Globally, numerous jurisdictions have transitioned towards best practices that prohibit the trial of civilians in military courts. For instance:
Argentina: In 1984: Argentina reformed its Code of Military Justice, explicitly prohibiting military courts from trying civilians. The 2008 reform abolished military jurisdiction over any civilian- related cases. This is in addition to Article 118 of the Argentine Constitution which provides that civilians must be tried in civilian courts.
Tunisia: Article 110 of Tunisia’s Constitution restricts military jurisdiction to offenses committed by military personnel. Tunisia also set up a Civilian Military Oversight Board that monitors and intervenes when civilians are wrongly brought before military courts.
Mexico: In 2014, Mexico passed the Decree Amending Various Provisions of the Code of Military Justice expressly banning military courts from trying civilians, following several rulings by its Supreme Court. In addition, Article 13 of the Mexican Constitution states that no civilian shall be subject to military jurisdiction.
South Africa: Post-apartheid, South Africa passed the Military Discipline Supplementary Measures Act of 1999 specifically limiting the jurisdiction of military courts to only South African National Defence Forces (SANDF) members.
Columbia: In addition to the 1991 Constitution, Columbia adopted the 1999 Military Criminal Code which provides under Article 5 that under no circumstances shall civilians be investigated or tried by military justice.
United Kingdom: Trial of civilians in military courts is expressly prohibited that civilians working for the armed forces are subject to the specialized Standing Civilian Court established under the 1976 Armed Forces Act.
Venezuela: In 2021, Venezuela reformed the Organic Code for Military Justice to explicitly prohibit the trial of civilians in military courts.
These examples demonstrate the global trend towards upholding civilian judicial authority as a hallmark of democratic governance and respect for human rights. Article 208(2) of the Constitution provides that the UPDF shall be subordinate to the civilian authority as established under this Constitution. This is fortified by the fundamental principle that judicial power, as stipulated under Article 126(1) of the Constitution, is derived from the people and shall be exercised by the courts of judicature, in the name of the people, and in conformity with the law and the values, norms, and aspirations of Ugandans.
At this critical juncture, the UPDF ought to pause and reflect deeply on reparations to address the violations associated with the trial of civilians in military courts since its establishment in 1995. This action will serve to strengthen the rule of law, enhance public trust, and reinforce national cohesion.
This action will serve to strengthen the rule of law, enhance public trust, and reinforce national cohesion.
Let this year’s commemoration of Tarehe Sita be the reaffirmation of UPDF’s commitment to constitutional supremacy, upholding the rule of law, and the protection of fundamental rights for all citizens.
As the UPDF celebrates Pan-African Solidarity and People’s Sacrifice in the Struggle for Freedom, Democracy, and Socio-Economic Transformation, it must reckon with the fact that true democracy is inseparable from justice.
The very sacrifices that built this nation were made to establish a country where no citizen—civilian or soldier—would be subjected to arbitrary power. Upholding the Supreme Court’s ruling is not just a legal obligation; it is a moral and historical duty to honor the spirit of those who fought for a Uganda governed by the rule of law, not the rule of force.
By
Isaac K. Ssemakadde
President
Uganda Law Society
