[2000] ACHPR 25

[2000] ACHPR 25

The Commission found that John K. Modise, born in South Africa to a father who was a British Protected Person from the former Protectorate of Bechuanaland, was entitled to Botswana citizenship by descent under section 20(2) of the Constitution of Botswana as at independence. The government's denial of this right, repeated deportations, and refusal to recognise his citizenship status resulted in statelessness, personal suffering, and deprivation of fundamental rights. The Commission held that the government of Botswana violated Articles 3(2) (equal protection), 5 (dignity and legal status), 12(1) and (2) (freedom of movement and right to return), 13(1) and (2) (political participation and...

Citation
[2000] ACHPR 25
Parties
Applicant: John K. Modise; Respondent: Republic of Botswana
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
6 November 2000
Case Number
Communication 97 of 1993
Procedural Posture
Human Rights Communication / Final Decision on Merits
Outcome
The Commission found the Republic of Botswana in violation of Articles 3(2), 5, 12(1) and (2), 13(1) and (2), 14, and 18(1) of the African Charter and urged the government to recognise Mr. Modise as a citizen by descent and compensate him adequately.
Legal Topics
Citizenship by Descent, Deportation and Expulsion, Right to Property, Political Participation, Freedom of Movement, Family Life
Source Language
English
Constitutional Law Administrative Law Family and Children Citizenship by Descent Deportation and Expulsion Right to Property Political Participation Freedom of Movement +1 more

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Parties

John K. Modise

Applicant

Republic of Botswana

Respondent

Procedural Posture

Human Rights Communication / Final Decision on Merits

Legal Issues

  1. 1 Whether the complainant, John K. Modise, was unjustly deprived of Botswana citizenship by descent under the Constitution of Botswana.
  2. 2 Whether the repeated deportations and denial of nationality violated the complainant's rights under the African Charter on Human and Peoples' Rights, including rights to dignity, family life, property, movement, and political participation.
  3. 3 Whether the government of Botswana's actions constituted discrimination and denial of equal protection of the law.

Ratio Decidendi

The Commission found that John K. Modise, born in South Africa to a father who was a British Protected Person from the former Protectorate of Bechuanaland, was entitled to Botswana citizenship by descent under section 20(2) of the Constitution of Botswana as at independence. The government's denial of this right, repeated deportations, and refusal to recognise his citizenship status resulted in statelessness, personal suffering, and deprivation of fundamental rights. The Commission held that the government of Botswana violated Articles 3(2) (equal protection), 5 (dignity and legal status), 12(1) and (2) (freedom of movement and right to return), 13(1) and (2) (political participation and...

Court Disposition

The Commission found the Republic of Botswana in violation of Articles 3(2), 5, 12(1) and (2), 13(1) and (2), 14, and 18(1) of the African Charter and urged the government to recognise Mr. Modise as a citizen by descent and compensate him adequately.

Orders

  • The government of Botswana shall recognise Mr. John Modise as its citizen by descent.
  • The government of Botswana shall compensate Mr. John Modise adequately for the violations of his rights.