Introduction
During his research stay at the Chair of African Legal Studies at the University of Bayreuth and the visit of the Judges from the African Court on Human and Peoples’ Rights, Prof. Dr. Robert Nanima graciously agreed to an interview. A native of Uganda and a professor at the University of the Western Cape in South Africa, Prof. Nanima is a renowned expert in the field of children’s rights in Africa. In this context, he is involved with the work of the African Committee of Experts on the Rights and Welfare of Children (ACERWC) and outputs of the African Children’s Charter Project (ACCP).
The interview was conducted by Merlin Mitschker, a law student with a Maitrise en Droit from the University of Bordeaux and Manager of the African Legal Studies Blog. In the conversation, Prof. Nanima shares insights into the challenges and achievements of his advocacy for children’s rights in Africa, especially in conflict regions. He also discusses current developments, the importance of embracing an independent African perspective, and the role of regional economic communities in advancing human rights.
This interview offers not only a reflection on Prof. Nanima’s impactful work but also a call for a more nuanced appreciation of African perspectives within the global human rights discourse.
Interview
That was a great introduction to your current research. As a follow-up: How would you describe your job to someone unfamiliar with the legal world? This is for our readers who may be scholars but not necessarily in the legal field. What exactly do you do?
I would say I have two professional lives; in academia and diplomatic spaces. I am an associate professor at the University of the Western Cape in the Faculty of Law, located in Cape Town. I teach various modules, for both undergraduate and postgraduate students.
Within the Faculty of Law, I teach courses such as the law of evidence and child justice. For postgraduate students, I teach topics like punishment and sentencing, international anti-corruption law, and anti-corruption law within the South African context. I also teach criminal law and constitutional rights. However, the specific courses I teach vary depending on the schedules each year. For example, this year, I am teaching international anti-corruption law, the law of evidence, and justice.
In addition to my academic role, I am a member of the African Union’s African Committee of Experts on the Rights and Welfare of the Child. This committee comprises 11 individuals elected by the heads of government at the AU summit, with each term lasting five years and renewable for another five. On the committee, I serve as the thematic head or Special Rapporteur for Children Affected by Armed Conflict. This means I focus on all issues related to children in armed conflicts across the continent. I am also the chairperson of the Working Group on the Implementation of Decisions. In this capacity, I oversee the follow-up on decisions we have issued, whether from communications or policy engagements with state parties. So, briefly, that’s what I do.
Fascinating. And what led you to these positions—both at the University of the Western Cape and on the committee? What was your journey?
My journey to the University of the Western Cape started in 2014 when I decided to pursue my master’s degree. Before that, I worked as a state prosecutor in Uganda for about nine years. I wanted a change of environment and sought further education. I completed my master’s degree in 2016 and started my PhD soon after.
Following my PhD, I was fortunate to receive a two-year postdoctoral fellowship focusing on children’s rights, which introduced me to this field. After the fellowship, I joined the University of the Western Cape as a senior lecturer. Later, there was an opening for experts on the African Committee of Experts on the Rights and Welfare of the Child. I applied, received support from my government, and was elected.
The initial two years of my postdoctoral work on children’s rights laid a strong foundation, and being on the committee for five years further deepened my focus in this area. For example, I contributed to drafting a general comment on children affected by armed conflict. Combining those two years of research and five years on the committee, my work naturally evolved into a specialization in children’s rights, particularly in conflict settings.
So, that’s where my current research lies—children’s rights in spaces of armed conflict.
Prof. Nanima: “There’s much that others can learn from Africa’s approaches to child rights, but that story must be told.”
And in that context, what do you particularly like about the University of the Western Cape? Once you arrived, you stayed—why is that?
Robert Nanima: Yes, it’s a very good environment. First and foremost, for students. It provides a multicultural atmosphere, with a blend of people from various countries across the globe. That makes it an excellent place to settle into the South African context as a student. For academics, it’s also a supportive working environment. It offers platforms for professional growth, institutional development, and meaningful community engagement—both nationally and internationally. It promotes research growth and fosters innovation in teaching, whether in face-to-face settings or online. I think it’s an environment where you can truly thrive as an academic. It also allows you to carry the university’s reputation proudly when engaging outside its spaces.
And now you are part of the teaching team?
Yes.
So, you’re contributing to ensuring that high quality, I’d say. Thinking about our readers, perhaps some of them are younger scholars. What advice would you give to them?
In terms of?
In terms of their career, if they’re looking to make a change.
My advice would be, first of all, to believe in yourself. As a student, it’s crucial to learn to do your best—because when you do your best, it always leads to the best outcomes. That’s something I find very instructive.
Additionally, pursue something you’re passionate about. I’ve seen people start with degrees in medicine and later transition to law. Others begin in engineering and end up in law. So, it’s important to follow your passion. When you’re passionate about what you’re studying, it doesn’t feel like an obligation to simply pass exams. Instead, it becomes about learning something you truly love. The same applies to work. If you work in a field you’re passionate about, it doesn’t feel like work—you’re just doing what you love. And, of course, there’s the bonus that something comes through at the end of the month! In summary, doing your best and following your passion are critical. They make the challenges in both learning and working spaces far easier to navigate.
What’s the most fascinating aspect of your work? What do you enjoy most about your profession?
What I enjoy most is the research. There’s always a new angle to explore in any research project. For instance, during my time as chair, one recurring question—though it’s not always directly asked—is: What lens are you using in your research? Is it Afrocentric? Eurocentric?
Having a clear lens for your research is critical. It guides your methodology, the types of questions you ask, the nature of your research, and ultimately, the quality of your output. Without a clear perspective, the research can fall short in terms of quality and focus.
Another aspect I enjoy is the environment itself. It pushes me to approach research from different perspectives. For example, if I’m researching a specific topic, I’ve realized there are journals focusing on theoretical perspectives, others on statutory law reviews, and still others on jurisprudence or how courts have dealt with specific cases. This diversity enhances the way I approach and appreciate research. For me, that’s what makes my work so interesting—the constant learning and the opportunities to deepen my understanding of research from multiple angles.
One thing that comes to mind as we’re talking—I’m a European student, and I’ve written papers on different African subjects. You just mentioned the lens we’re working with. Given my prior education in Europe, I likely have a Eurocentric lens. If I want to move away from that to do proper research on African subjects, do you have any suggestions for developing an African lens?
That’s a great question. I think one common mistake—or challenge, depending on how you view it—is that when we adopt an Afrocentric lens, we often do so comparatively. We compare it to European or Eurocentric perspectives. While comparisons can be helpful, this approach sometimes validates the Afrocentric lens only about others. That shouldn’t always be the case.
It’s important to treat the African lens as a standalone perspective. Look at what is being done in Africa on its terms. Focus on what other regions could learn from African experiences. This allows the African lens to stand independently, rather than always being framed through comparisons. Of course, in some instances, a comparative approach is necessary, especially when linked to methodology. But for conceptual research—where you’re not conducting fieldwork—theories become crucial. For example, should we use a theory from Latin America to explain something in Africa? In Latin America, they’ve developed a concept called decoloniality. In Africa, we focus on decolonization, which stems from our unique history of colonization and neo-colonialism. Approaching decolonization through the lens of decoloniality can lead to clashes because it may overlook the nuances of decolonization as understood in Africa. So, to truly adopt an Afrocentric lens—or any lens, for that matter—you need to evaluate it on its own terms. Consider what’s being done, what’s working, what could be done differently, and let it stand independently.
I think another important question to ask is: What can we learn from Africa? The narrative is often, what can Africa learn from Europe? But sometimes the contexts are so different that this framing is not helpful. Instead, the question should be, what can Europe, America, or Asia learn from Africa? Otherwise, important stories and perspectives remain untold. To give an example, the African Committee has made significant contributions in areas like institutional and normative guidance. When addressing issues like child rights, the Committee examines the nuances specific to African children and develops solutions accordingly. It’s not just about addressing “children’s rights” in general but about answering the “African child’s” rights question. This specificity is essential. For instance, the Committee has working groups on topics like climate change and child rights in business, each tailored to the African context. Members also act as country rapporteurs, overseeing multiple nations. This approach could offer valuable lessons to other treaty bodies, such as the UN Committee on the Rights of the Child, which primarily reviews state party reports. There’s much that others can learn from Africa’s approaches to child rights, but that story must be told.
So, would you say one criticism of current research is that it’s too comparative?
Yes, current research often leans too heavily on comparisons. For example, if you view research through a decolonization lens, it’s not about saying that everything Eurocentric is bad—far from it. Instead, it’s about asking: What do we bring to the table to address the specific challenges we face? In fields like engineering, what unique contributions can we make to improve practices? In law, how can we create legislation that reflects the realities of our societies? Otherwise, we risk copying and pasting solutions that don’t align with local needs. It’s not about dismissing other views entirely; it’s about contributing something meaningful to address collective or individual challenges.
Prof. Nanima: “I feel like I’m not just counting the days but truly making them count.”
What recent human rights developments in Africa have caught your attention?
I’d say one area that stands out is the situation of children affected by armed conflict. Often, the narrative focuses solely on the rights of children during active armed conflict—when guns are blazing and bullets are flying. While they are certainly impacted in those direct conflict zones, these settings are highly diverse.
In some areas, conflicts arise over resources like water and pasture. In others, it’s a struggle between states and non-state armed groups, or even between non-state actors alone, as we see in places like Kivu in the Democratic Republic of Congo. What’s emerging strongly is the recognition that children affected by armed conflict require protection not only in those conflict spaces but also beyond them. Whether they are internally displaced, seeking asylum, or resettling in peaceful areas, they remain children affected by armed conflict. Their rights and protection must continue regardless of their environment.
It’s crucial to develop a human rights regime that acknowledges their status across the entire spectrum—from conflict zones to peace. This approach is essential for their holistic development and wellbeing, especially in addressing the trauma they’ve endured. This includes psychological and psychiatric support to help them recover. Recognizing their agency and rights at every stage is, to me, one of the most significant developments in child rights today.
Thank you for sharing that. Let’s continue with the points I had noted earlier. If you could change one thing, what would it be?
What drives my work is ensuring consistent protection for children from the moment they leave conflict zones to when they finally settle in peaceful environments. It’s important to recognize that they are not a homogeneous group. You have toddlers, teenagers, adolescents, young mothers, and even children conscripted to fight—all with unique challenges requiring tailored approaches to address their rights and needs.
Another change I’d advocate for is expanding the framework of what constitutes violations against children. Currently, we focus on the six grave violations—such as attacks on schools and hospitals, denial of humanitarian access, killing and maiming, and abduction. While these are critical, they can be limiting. For instance, harmful traditional practices, child marriage, and other forms of abuse may not fit neatly into this framework but are nonetheless grave violations. From an African perspective, these issues are just as impactful.
In the long term, I would like to see the development of a Monitoring and Reporting Mechanism (MRM) that is specifically designed by Africa for Africa. This would allow us to address these challenges with solutions rooted in our unique context.
What are the main challenges that need to be overcome to achieve this vision?
Robert Nanima: A major challenge lies in conceptualizing a comprehensive African child protection architecture. How do we create an overarching framework that brings together all key stakeholders. ? For instance, the African Union has made significant progress in addressing children affected by armed conflict, but that’s just one aspect of the broader challenges. Other critical issues include trafficking, children on the move, health, and education—particularly in emergency contexts. We need a framework that integrates laws, aligns them with policies and practices, and ensures children are protected at every level. This includes not just the African Union but also regional economic communities, state parties, civil society organizations, local communities, and families. The question is: how can these diverse actors, operating at both micro and macro levels, collaborate to promote and protect children’s rights effectively? Solving this puzzle remains a critical task.
What are the moments when you feel rewarded for your work or see its impact?
One of the most rewarding moments is when we advocate for the ratification of the African Charter on the Rights and Welfare of the Child in states that haven’t ratified it, and then we see concrete steps being taken.
For example, South Sudan is making progress toward ratification. In Somalia, despite ongoing conflicts, significant strides have been made; they even have laws that reflect the spirit of the charter before ratifying it. This is often overlooked in media narratives, which tend to focus on bombings in places like Mogadishu or Kismayo. Yet, the government is making commendable efforts.
Similarly, in states without active conflict, there is recognition of the need to protect children coming from conflict zones. For example: Lesotho has begun taking measures following discussions we had. Kenya is providing refugee children with education in their native languages—imagine a Somali-speaking refugee child receiving education in Somali in Kenya. Seeing these developments gives me immense satisfaction. I feel like I’m not just counting the days but truly making them count.
Prof. Nanima: “I see this as the beginning of a long, mutually beneficial relationship.”
What outputs can our readers expect from your future research?
There’s a lot to look forward to: In-depth engagement with the African Charter’s articles: Delving into the specifics of each article to provide a richer understanding. Research on communications from the African Children’s Committee: Examining how these communications influence child protection practices. Exploration of armed conflict narratives: Going beyond the traditional focus to address topics like disarmament, demobilization, reintegration, and the creation of a robust child protection architecture. Dissemination strategies: Developing academic perspectives on how to effectively share existing work, such as the general comment on Article 22 of the Charter. These will be some of the key projects shaping my work as I move forward, perhaps taking me to my 50th birthday!
Will things continue to change?
Absolutely. Over the past three years, I’ve seen significant changes, and one constant in life is change itself. This dynamic will undoubtedly remain evident in the field of children’s rights.
Regarding your visit to our chair, what role does international exchange and outreach play in your work?
International exchange enhances the visibility of my work—not just in diplomatic circles but also academically. It fosters partnerships. During my visit, I’ve met colleagues from your chair, professors, judges, and individuals from other universities. These connections validate and broaden the reach of children’s rights efforts. Moreover, such exchanges create opportunities for collaborations between staff and students from both institutions. They pave the way for initiatives like exchange programs or joint summer schools. I see this as the beginning of a long, mutually beneficial relationship.
For our readers, what developments should we keep an eye on in the future?
Watch the growing role of regional economic communities (RECs) in driving important conversations—not only about children’s rights but also other critical issues in Africa. These communities reflect shared values and social constructs, making them influential in aligning regional agendas with the African Union’s goals. For example: The East African Community (EAC) drives East Africa’s agenda. The Southern African Development Community (SADC) shapes Southern Africa’s priorities. The Economic Community of West African States (ECOWAS) leads the West African narrative. These RECs already play a significant role, such as ECOWAS and COMESA’s early warning systems for conflict prevention. The African Union recognizes their success in mitigating conflicts and integrating regional efforts at the continental level. Going forward, RECs will be critical players, and there’s much to learn from their work.
Thank you very much for this interview.
You’re welcome.
