therefore gravely deprived him of one of his most cherished fundamental rights, the right to freely
participate in the government of his country, either directly or through elected representatives. It also
constitutes a denial of his right of equal access to the public service of his country guaranteed under Article
13(2) of the Charter. Article 13 of the Charter provides: (1) Every citizen shall have the right to participate
freely in the government of his country, either directly or through freely chosen representatives in
accordance with the provisions of the law
(2) Every person shall have the right of equal access to the public service of his country.
Holding
For the above reasons, the Commission
Holds a violation of Articles 3(2), 5 , 12(1) and (2), 13 (1), and (2), 14 , 18(1) of the African Charter.
Urges the Government of Botswana to take appropriate measures to recognise Mr John Modise as a
citizen of Botswana by descent and also to compensate him adequately for the violations of his rights
occasioned.
Cotonou, Benin, 23rd October to 6th November 2000.
10