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Modise v Botswana (Communication 97 of 1993) [1993] ACHPR 6 (3 March 1993)
- Citation
- [1993] ACHPR 6
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Final Decision
- Case number
- Communication 97 of 1993
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Final Decision
- Case number
- Communication 97 of 1993
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
John K. Modise
ApplicantRepublic of Botswana
Respondent03
Procedural history
Posture
Communication / Final Decision
04
Questions and positions
Legal issues
- 01
Whether the applicant's denial of nationality by Botswana constitutes a violation of the African Charter on Human and Peoples' Rights.
- 02
Whether the applicant has exhausted all available local remedies as required by Article 56 of the Charter.
Party arguments
- Applicant
- The applicant alleges that the denial of nationality by Botswana violates his rights under the African Charter on Human and Peoples' Rights, specifically the right to nationality and related protections.
- Respondent
- The respondent contends that the applicant has not exhausted all available local remedies in Botswana, as required by Article 56(5) of the Charter, and that the Commission should not consider the communication until this requirement is met.
05
Court’s reasoning
Legal principles
- 01
Article 56(5) of the African Charter on Human and Peoples' Rights
Exhaustion of local remedies is a prerequisite for admissibility of communications before the African Commission.
06
Ratio, limits and disposition
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.
Obiter and limits
- The Commission encourages applicants to seek support from local human rights organizations with observer status to facilitate access to remedies.
- The exhaustion of local remedies serves to respect the sovereignty of member states and the principle of subsidiarity in international human rights protection.
Court disposition
communication_inadmissible_pending_exhaustion_of_local_remedies
- 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.
Source and reliance status
African Commission on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Commission on Human and Peoples Rights
Judgment
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
JOHN K. MODISE v. BOTSWANA
DECISION
Citation: Modise v. Bots., Comm. 97/93, 7th ACHPR AAR Annex IX (1993-1994) Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples' Rights Extracted from the Commission's Activity Reports 1994-2001, at 17 (2002); Documents of the African Commission on Human and Peoples' Rights, at 349 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 25 (ACHPR 1994)
COMMUNICATION ON DENIAL OF NATIONALITY (DATED 3 MARCH 1993)
FINAL DECISION
[1] It was decided to write to the author stressing the need for exhaustion of local remedies as required by Article 56 of the Charter. He should also be advised to contact the NGO Botswana Centre for Human Rights, which enjoys observer status with the Commission for assistance. (Article 56 (5) of the Charter).
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