Nanima Robert Doya is an Associate Professor at the Faculty of Law, University of the Western Cape. He also serves as a member of the African Committee of Experts on the Rights and Welfare of the Child and the Special Rapporteur for Children affected by Armed Conflict. Robert does research on Children Rights, Public Law and Criminal Law. He holds a doctorate in Public Law (LLD), a Master’s Degree in Human Rights Protection (LLM) from the University of the Western Cape, Post Graduate Diploma in legal practice (Dip. LP) from Law Development Centre- Kampala, and a Bachelor’s Degree in Law (LLB) from Makerere University. He actively served as a State Attorney with the Directorate of Public Prosecutions, Uganda from 2008 to 2014, before enrolling for postgraduate studies. He is an enrolled advocate of the Courts of Judicature of the Republic of Uganda. His areas of specialty are Child justice, Criminal Justice, Constitutional Rights and International Human Rights Protection. Supervisors: Prof. Benyam Dawit Mezmur
South African yearbook of international law, Jun 21, 2023
The African Committee on the Rights and Welfare of the Child (African Children’s Committee) is ma... more The African Committee on the Rights and Welfare of the Child (African Children’s Committee) is mandated to monitor the implementation of the African Charter on the Rights and Welfare of the Child in Africa (African Children’s Charter). The African Children’s Committee has developed Revised Guidelines for Consideration of Communications and Monitoring Implementation of Decisions by the African Committee of Experts (RCG) which provide for amicable settlements. This contribution argues that the implementation of amicable settlements presents gaps that do not reconcile the substantive aspects on the one hand and the procedural on the other, in terms of practical implementation. This contribution contextualises the use of amicable settlements in international law and evaluates their use by the African Children’s Committee. The comment examines the application of Guideline 13(2)(v) and its consequential implications and it is proposed that it should be revisited to distinguish between the substantive and procedural aspects of the amicable settlements and how they should be handled to their logical conclusion.
Statistics indicate that at least one in every four African children lives in a conflict zone. Si... more Statistics indicate that at least one in every four African children lives in a conflict zone. Six of the ten worst countries for children to grow up in, or live in, are in Africa: the Central African Republic, the Democratic Republic of Congo, Mali, Nigeria, Somalia and South Sudan. It is widely observed that economic crimes continue to disrupt the political, social and economic fabric of society. This is exacerbated where there is armed conflict and armed groups continue to use children as a tool to benefit them through illegal acts that lead to financial advantages.
In Uganda, an accused person enjoys a right to a fair trial. It is a requirement that the circums... more In Uganda, an accused person enjoys a right to a fair trial. It is a requirement that the circumstances surrounding the collection and admission of evidence do not violate this right. This article argues that the use of entrapment in cases of corruption may lead to an abuse of the fair trial rights of an accused. The lack of a legislative framework regulating entrapment, the institutional entrenchment of entrapment in the criminal justice system and the inadequate guidance from judgments substantiate this argument. This article recommends amendments to the Criminal Procedure Code Act with a view to preventing abuse of the accused by agents of the criminal justice system.
Climate change justice and human rights: An African perspective, 2022
The African child is very vulnerable to the impacts of climate change and food insecurity. Follow... more The African child is very vulnerable to the impacts of climate change and food insecurity. Following an introduction to the working concepts of climate change and food security, this chapter sets the tone by evaluating the normative context of the African Charter on the Rights and Welfare of the Child regarding climate change and food security. This is followed by an evaluation of the jurisprudence of the African Committee of Experts on the Rights and Welfare of the Child. At its core, this chapter evaluates the possible use of principles and activities emanating from the work of the African Children's Committee. The contribution then proposes a model that the Children's Committee can utilise to increase its traction in executing its mandate towards the protection of children affected by climate change and food security.
The purpose of Parliamentary scrutiny and debates in drafting a law is to avoid ambiguity, vaguen... more The purpose of Parliamentary scrutiny and debates in drafting a law is to avoid ambiguity, vagueness and definitional deficiencies. The penal provisions in the criminal laws should be clear on the acts that constitute the offence, and the intention of the accused person. A look at the drafting history of a law may aid one to ascertain the intention of Parliament. It is argued that there are challenges to the implementation of the Anti-pornography Act from an interpretational perspective. This contribution critiques the role of Parliament in defining pornography in the process of enacting the Anti-pornography Act. The possible challenges to prosecution that arise from this role are identified. Recommendations on the drafting process follow.
The Socioeconomic Rights Project (SERP) at the Dullah Omar Institute recently released a report o... more The Socioeconomic Rights Project (SERP) at the Dullah Omar Institute recently released a report on the Socio-economic Rights Impacts of COVID-19 in Selected Informal Settlements in Cape Town. The report assesses the legality of measures adopted by the government to curtail COVID-19. It also looks at the implications of the lockdown on the socio-economic rights of people in selected informal settlements in Cape Town.
SUMMARY Africa has gained much traction in recognising the rights of the child with an emphasis o... more SUMMARY Africa has gained much traction in recognising the rights of the child with an emphasis on his or her holistic environments. Three general environments that affect a child are identified: first, a peaceful environment informed by adequately functional institutions that aid the implementation of all laws that improve the position of the child; second, an environment punctuated by emergencies such as armed conflict, public health emergencies or humanitarian situations. The third environment is where a child who has moved from humanitarian situations seeks solace. This may include internally-displaced persons and refugees/asylum seekers. This article evaluates the role of the African Committee of Experts on the Rights and Welfare of the Child as the only regional human rights body that monitors the promotion and protection of the rights of children. The evaluation covers the third environment in the context of the COVID-19 era. It is argued that the current traction by the Comm...
Plea bargaining under common law is not new to Uganda’s criminal justice system. It is, however, ... more Plea bargaining under common law is not new to Uganda’s criminal justice system. It is, however, not provided for in any statutes. In addition, it is widely used by the various institutions in the criminal justice system. Its inadequacy in dealing with Uganda’s case backlog is evident in the use of various initiatives like “Quick Wins” and the “Community Service Project”, which reflect the inefficiency of the current plea-bargaining system, and the lack of adequate participation by the accused in the process. First, this article evaluates the plea-bargaining regime in Uganda. Secondly, it uses insights from experiences under common law and in South Africa. Thirdly, it proposes a working framework that may improve plea bargaining in Uganda. The terms “plea bargaining” and “plea and sentence agreement” are used interchangeably to refer to the same concept.L’accord sur le plaidoyer selon la common law n’est pas nouveau dans le systeme de justice penale de l’Ouganda. Il n’est cependant ...
The normative framework of the African Commission, which regulates the admission of evidence obta... more The normative framework of the African Commission, which regulates the admission of evidence obtained through human rights violations, is largely based on a number of instruments. These include the Tunisian Resolution, the Dakar Declaration, the Robben Island Guidelines and the Principles and Guidelines on the Right to a Fair Trial and Legal Representation in Africa. It is argued that the emerging jurisprudence on evidence obtained through human rights violations has a limited developmental framework, owing to the normative framework. This contribution discusses the normative framework, and qualifies the limited jurisprudence. The final step engages the jurisprudence of the Commission followed by a conclusion and recommendations.
South African yearbook of international law, Jun 21, 2023
The African Committee on the Rights and Welfare of the Child (African Children’s Committee) is ma... more The African Committee on the Rights and Welfare of the Child (African Children’s Committee) is mandated to monitor the implementation of the African Charter on the Rights and Welfare of the Child in Africa (African Children’s Charter). The African Children’s Committee has developed Revised Guidelines for Consideration of Communications and Monitoring Implementation of Decisions by the African Committee of Experts (RCG) which provide for amicable settlements. This contribution argues that the implementation of amicable settlements presents gaps that do not reconcile the substantive aspects on the one hand and the procedural on the other, in terms of practical implementation. This contribution contextualises the use of amicable settlements in international law and evaluates their use by the African Children’s Committee. The comment examines the application of Guideline 13(2)(v) and its consequential implications and it is proposed that it should be revisited to distinguish between the substantive and procedural aspects of the amicable settlements and how they should be handled to their logical conclusion.
Statistics indicate that at least one in every four African children lives in a conflict zone. Si... more Statistics indicate that at least one in every four African children lives in a conflict zone. Six of the ten worst countries for children to grow up in, or live in, are in Africa: the Central African Republic, the Democratic Republic of Congo, Mali, Nigeria, Somalia and South Sudan. It is widely observed that economic crimes continue to disrupt the political, social and economic fabric of society. This is exacerbated where there is armed conflict and armed groups continue to use children as a tool to benefit them through illegal acts that lead to financial advantages.
In Uganda, an accused person enjoys a right to a fair trial. It is a requirement that the circums... more In Uganda, an accused person enjoys a right to a fair trial. It is a requirement that the circumstances surrounding the collection and admission of evidence do not violate this right. This article argues that the use of entrapment in cases of corruption may lead to an abuse of the fair trial rights of an accused. The lack of a legislative framework regulating entrapment, the institutional entrenchment of entrapment in the criminal justice system and the inadequate guidance from judgments substantiate this argument. This article recommends amendments to the Criminal Procedure Code Act with a view to preventing abuse of the accused by agents of the criminal justice system.
Climate change justice and human rights: An African perspective, 2022
The African child is very vulnerable to the impacts of climate change and food insecurity. Follow... more The African child is very vulnerable to the impacts of climate change and food insecurity. Following an introduction to the working concepts of climate change and food security, this chapter sets the tone by evaluating the normative context of the African Charter on the Rights and Welfare of the Child regarding climate change and food security. This is followed by an evaluation of the jurisprudence of the African Committee of Experts on the Rights and Welfare of the Child. At its core, this chapter evaluates the possible use of principles and activities emanating from the work of the African Children's Committee. The contribution then proposes a model that the Children's Committee can utilise to increase its traction in executing its mandate towards the protection of children affected by climate change and food security.
The purpose of Parliamentary scrutiny and debates in drafting a law is to avoid ambiguity, vaguen... more The purpose of Parliamentary scrutiny and debates in drafting a law is to avoid ambiguity, vagueness and definitional deficiencies. The penal provisions in the criminal laws should be clear on the acts that constitute the offence, and the intention of the accused person. A look at the drafting history of a law may aid one to ascertain the intention of Parliament. It is argued that there are challenges to the implementation of the Anti-pornography Act from an interpretational perspective. This contribution critiques the role of Parliament in defining pornography in the process of enacting the Anti-pornography Act. The possible challenges to prosecution that arise from this role are identified. Recommendations on the drafting process follow.
The Socioeconomic Rights Project (SERP) at the Dullah Omar Institute recently released a report o... more The Socioeconomic Rights Project (SERP) at the Dullah Omar Institute recently released a report on the Socio-economic Rights Impacts of COVID-19 in Selected Informal Settlements in Cape Town. The report assesses the legality of measures adopted by the government to curtail COVID-19. It also looks at the implications of the lockdown on the socio-economic rights of people in selected informal settlements in Cape Town.
SUMMARY Africa has gained much traction in recognising the rights of the child with an emphasis o... more SUMMARY Africa has gained much traction in recognising the rights of the child with an emphasis on his or her holistic environments. Three general environments that affect a child are identified: first, a peaceful environment informed by adequately functional institutions that aid the implementation of all laws that improve the position of the child; second, an environment punctuated by emergencies such as armed conflict, public health emergencies or humanitarian situations. The third environment is where a child who has moved from humanitarian situations seeks solace. This may include internally-displaced persons and refugees/asylum seekers. This article evaluates the role of the African Committee of Experts on the Rights and Welfare of the Child as the only regional human rights body that monitors the promotion and protection of the rights of children. The evaluation covers the third environment in the context of the COVID-19 era. It is argued that the current traction by the Comm...
Plea bargaining under common law is not new to Uganda’s criminal justice system. It is, however, ... more Plea bargaining under common law is not new to Uganda’s criminal justice system. It is, however, not provided for in any statutes. In addition, it is widely used by the various institutions in the criminal justice system. Its inadequacy in dealing with Uganda’s case backlog is evident in the use of various initiatives like “Quick Wins” and the “Community Service Project”, which reflect the inefficiency of the current plea-bargaining system, and the lack of adequate participation by the accused in the process. First, this article evaluates the plea-bargaining regime in Uganda. Secondly, it uses insights from experiences under common law and in South Africa. Thirdly, it proposes a working framework that may improve plea bargaining in Uganda. The terms “plea bargaining” and “plea and sentence agreement” are used interchangeably to refer to the same concept.L’accord sur le plaidoyer selon la common law n’est pas nouveau dans le systeme de justice penale de l’Ouganda. Il n’est cependant ...
The normative framework of the African Commission, which regulates the admission of evidence obta... more The normative framework of the African Commission, which regulates the admission of evidence obtained through human rights violations, is largely based on a number of instruments. These include the Tunisian Resolution, the Dakar Declaration, the Robben Island Guidelines and the Principles and Guidelines on the Right to a Fair Trial and Legal Representation in Africa. It is argued that the emerging jurisprudence on evidence obtained through human rights violations has a limited developmental framework, owing to the normative framework. This contribution discusses the normative framework, and qualifies the limited jurisprudence. The final step engages the jurisprudence of the Commission followed by a conclusion and recommendations.
the publication examines how the human rights committee has grappled with arbitrary deprivation o... more the publication examines how the human rights committee has grappled with arbitrary deprivation of life
International Human Rights Law and the Framework Convention on Tobacco Control Lessons from Africa and Beyond, 2022
This chapter contextualises South Africa’s state of NCDs and discusses the link between the right... more This chapter contextualises South Africa’s state of NCDs and discusses the link between the right to health and NCDs. This is followed by how the Framework Convention on Tobacco Control (FCTC) may be used to realise the right to health at the national level. An assessment of the e ectiveness of the e orts to implementing the FCTC under South Africa’s national laws is conducted. Finally, the chapter concludes with an analysis of emerging case law and recommendations.
While refugees are entitled to the enjoyment of human rights in host States, the realities of the... more While refugees are entitled to the enjoyment of human rights in host States, the realities of the latter affect this narrative. Children as a vulnerable group of persons are not an exception to this position. Based on Kenya, this chapter argues that the protection of children extends from areas of origin to host States or territories. The chapter uses three sub-claims to evaluate the sufficiency of Kenya’s legal regime with regard to the protection of their right to health. It evaluates the international, regional and national position of the right to health; followed by an evaluation of the national regime on a refugee’s right to health in light of the international and regional position. The third step evaluates Kenya’s implementation of the right to health in light of its national policy, the status of the enjoyment of the right to health in refugee camps, and Kenya’s realities. The findings of the study indicate that despite the sufficiency of Kenya’s legal regime on the protection of the child refugees' right to health, the realities make the implementation present a parallel position. Thereafter, a conclusion and proposals for reform are offered. In this vein, despite the practical challenges that Kenya faces in its own progressive realisation of the right to health, the refugee space presents an opportunity for commitment from various private players from the international community and civil society. At its core, the use of cooperation is key to the progressive realisation of the right to health for refugee children.
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