[1993] ACHPR 6

[1993] ACHPR 6

The Commission determined that the communication was inadmissible at this stage because the applicant had not exhausted all available local remedies in Botswana, as required by Article 56(5) of the African Charter on Human and Peoples' Rights. The Commission emphasized that exhaustion of local remedies is a fundamental procedural requirement to ensure that domestic legal avenues are pursued before international mechanisms are engaged. The applicant was advised to seek assistance from the Botswana Centre for Human Rights and to pursue available remedies within Botswana before resubmitting the communication to the Commission.

Citation
[1993] ACHPR 6
Parties
Applicant: John K. Modise; Respondent: Republic of Botswana
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
3 March 1993
Case Number
Communication 97 of 1993
Procedural Posture
Communication / Final Decision
Outcome
communication_inadmissible_pending_exhaustion_of_local_remedies
Legal Topics
Right to Nationality, Exhaustion of Local Remedies, Human Rights Charter
Source Language
English
Constitutional Law Right to Nationality Exhaustion of Local Remedies Human Rights Charter

Case Brief

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Parties

John K. Modise

Applicant

Republic of Botswana

Respondent

Procedural Posture

Communication / Final Decision

Legal Issues

  1. 1 Whether the applicant's denial of nationality by Botswana constitutes a violation of the African Charter on Human and Peoples' Rights.
  2. 2 Whether the applicant has exhausted all available local remedies as required by Article 56 of the Charter.

Ratio Decidendi

The Commission determined that the communication was inadmissible at this stage because the applicant had not exhausted all available local remedies in Botswana, as required by Article 56(5) of the African Charter on Human and Peoples' Rights. The Commission emphasized that exhaustion of local remedies is a fundamental procedural requirement to ensure that domestic legal avenues are pursued before international mechanisms are engaged. The applicant was advised to seek assistance from the Botswana Centre for Human Rights and to pursue available remedies within Botswana before resubmitting the communication to the Commission.

Court Disposition

communication_inadmissible_pending_exhaustion_of_local_remedies

Orders

  • The applicant is advised to exhaust all available local remedies in Botswana before the Commission can consider the communication.
  • The applicant should contact the Botswana Centre for Human Rights for assistance.