Vance Center Hosts Discussion on Military Trials, Rule of Law and Human Rights in Uganda

On May 7, the Vance Center, along with international partners, hosted a virtual panel discussion on “Principles of justice and military trials in Uganda.”

The panel, the first in a planned series delving into rule of law concerns in Africa, drew more than 100 attendees over the course of the wide-ranging conversation, which covered human rights violations and the use of military trials against civilians in Uganda as well as concerning legal trends in East Africa. The conversation was co-sponsored by the New York City Bar Association’s African Affairs and International Human Rights Committees, Pan African Lawyers Union, and Robert F. Kennedy Human Rights. 

The panel brought together legal experts and prominent voices on the rule of law, democracy, and justice across Africa, representing decades of work and scholarship with international organizations, governments, and society on human rights and legal reform.  

Vance Center Africa Program Director Adaobi Egboka guided panelists through an initial discussion centered on the Ugandan government’s trial of opposition politician Dr. Kizza Besigye, and the concerns for the rule of law and human rights raised by Uganda’s ongoing use of military trials against civilians, including the use of extraordinary rendition and repression of defense attorneys.  

The speakers and audience also addressed deeper questions about the role of senior lawyers in defending the rule of law and protecting younger legal professionals, the importance of cross-border solidarity to push back against transnational repression, and creative solutions to fight back against leaders that undermine human rights standards. 

The panel featured insights from experts: 

• Hon. Martha Karua, lead counsel for Dr. Besigye’s case and a prominent constitutional lawyer and human rights activist. She has previously served as a member of Kenya’s Parliament, Advocate of the High Court of Kenya, and Justice Minister from 2005-2009. 

• Professor Chidi Odinkalu, a Nigerian human rights scholar and former chair of the Nigerian Human Rights Commission in Nigeria. Professor Odinkalu is currently a Professor of the Practice of International Human Rights Law at Tufts University’s Fletcher School of Law and Diplomacy. 

• Dr. Busingye Kabumba, Senior Lecturer and Director of the Human Rights and Peace Centre at the School of Law, Makerere University, in Uganda. 

Watch the discussion here

Hon. Karua outlined the facts of the Besigye case, including his abduction in Kenya in November 2024, the charges against him, and the actions of the Ugandan government to intimidate his legal team. She highlighted targeted harassment of members of his defense team, including human rights lawyer Eron Kiiza, who was assaulted by officers during a court appearance and jailed for three months on contempt charges. 

Read the New York City Bar Association statement about Eron Kiiza 

On November 16, 2024, Besigye, a Ugandan opposition politician and former presidential candidate, was abducted in Nairobi along with his aide Haji Obeid Lutale. They appeared four days later before a military court in Kampala, Uganda, where they were charged with offenses relating to security and unlawful possession of firearms and ammunition and sent to prison. In January 2025, Uganda’s Supreme Court ruled that trying civilians in military tribunals is unconstitutional.  

Despite this ruling, Besigye has remained in prison, and in February, his case was transferred to a civilian court, where he was charged with treason. In May, Uganda’s parliament passed an amended law that allows military tribunals to try civilians, in a controversial move that has been criticized by international experts including the UN High Commissioner for Human Rights.  

Drawing on her decades of regional experience as a democracy advocate and political actor, Hon. Karua outlined how countries like Uganda and Kenya are violating international principles and their own constitutions in these cases, violating due process by arbitrary detentions and renditioning people.  

Kenyan officials initially denied any coordination with Ugandan authorities on Besigye’s detention in Nairobi, but last week Kenya’s Foreign Affairs Secretary Musalia Mudavadi told a television interviewer that “Kenya cooperated with Ugandan authorities.” 

Professor Odinkalu analyzed the growing reliance on military tribunals across the continent, and the unique extent to which Uganda’s leadership has used these tribunals against civilians. Dr. Kabumba evaluated potential new legislation that would give the Ugandan government greater power to use these trials and the tension between new laws and court decisions that have clearly defined the domains of military and civilian authority. 

Looking at the bigger picture, Dr. Kabumba also emphasized the importance of cross-border collaboration between human rights defenders and legal practitioners, especially in the face of increased transnational repression. 

“There seems to be cooperation, perhaps in some cases even collusion between states and governments that seek to roll back years and even decades of democratic progress,” he said, citing examples in Tanzania and Kenya. “If repressive governments are cooperating, it seems to be just logical that those who would push back should similarly cooperate.” 

Hon. Karua supported this strategic approach to confronting governments that routinely violate international human rights norms. 

“This discussion is timely, and it shows that we need solidarity within our individual countries and solidarity beyond the borders,” she said. 

Professor Odinkalu also called out the responsibility of senior lawyers and practitioners to lead and provide examples for their younger colleagues in the face of repression. 

“There’s only so much young lawyers can do when senior lawyers are not willing to provide leadership,” he said. “Wherever you look, a lot of senior lawyers are complicit in this madness. If we are going to change it, it’s going to begin with… solidarity and ethical leadership by senior lawyers. Seniority comes with responsibility.” 

Members of the audience, including senior lawyers from several countries in sub-Saharan Africa, echoed this call for greater collaboration and solidarity across the region’s legal community in the face of growing repression. They also expressed a desire to continue these conversations in the future to develop more strategies to defend civic space and human rights.

Ikechukwu Uzoma, Senior Staff Attorney at RFK Human Rights, closed the discussion urging participants to join future sessions to strategize about next steps at the grassroots, national, and regional levels.