PRESS RELEASE ON THE 31ST ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

BOTSWANA TO RESPOND TO COMMUNICATIONS RELATING TO BOSCH AND MODISE

The African Commission on Human and Peoples Rights (ACHPR) will sit in Pretoria, South Africa from 2 - 16 May 2002. The NGO Forum began on 29 April 2002 and will end on 1 May 2002. From 2 May 2002, the NGO Forum will join the Open Sessions of the African Commission until 9 May 2002.

The Botswana Government is to be represented before the Commission in relation to a Communication on behalf of Ms Mariette Sonhaleen Bosch, which was introduced by a complaint dated 7 March 2001. At this time, she was in the custody of the Prisons service. The communication alleged a violation of Articles 4, 5 and 7 of the African Charter on Human and Peoples’ Rights. These articles relate to the Right to life and ‘respect of the dignity inherent in a human being’ and the right to be heard.

The Communication also contained a request for interim measures to restrain the Government of Botswana from executing Ms Bosch pending the determination of the complaint. This request was sent to the Government of Botswana on 27 March 2001. However, Ms Bosch was executed on 31 March 2001. The Communication now includes an allegation of the violation of Article 1 of the Charter. This article puts a duty on the member States of OAU to recognise the provisions of the Charter and undertake to adopt legislative and other measures to give effect to them.

During the 30th Ordinary Session of the Commission in Banjul, The Gambia, on 21 October 2001, the Commission heard Oral submissions relating to the admissibility of the Communication.

The Communication authored by Edward Luke II & Associates, Radcliffe’s Saul Lehrfreud and Interights – The International Centre for the Legal protection of Human Rights, requests the Commission to conclude, amongst other
things, that:

Also to be raised at this session of the African Commission is the Communication relating to John Modise. The decision reached in this matter during the 28th Ordinary Session in Cotonou, Benin, was adopted and authorised for implementation by the Assembly of Heads of State and Government of the OAU at its 37th ordinary Session in Lusaka Zambia in July 2001.

Between August and October 2001, Interights, on behalf of Mr Modise, wrote to the Government of Botswana, through the Attorney General, the Minister of Foreign Affairs, the Minister of Home Affairs, the Minister of Presidential Affairs and the Botswana High Commissioner in London. The letters were written with the intention of bringing to their notice, the decision of the African Commission. The letters also sought to establish whether any measures had been taken by the Government to comply with the decision. This decision found the Botswana Government to be in violation of Articles 3, 5, 12, 13 and 18 of the African Charter and ‘requested the Government of Botswana to take appropriate measures to recognise Mr John Modise as its citizen by descent and also compensate him adequately for the violation of his rights occasioned’. The Botswana Government had undertaken to comply with the decision of the Commission.

Until April 2002, no response had been received by Interights. Interights has therefore written to the Commission to implement its decision by requesting the Botswana Government to produce a Report as to the steps taken by them to comply with the decision.

DITSHWANELO also, sent a letter to the Office of the President dated 25 April 2002, making enquiries about the planned response of the Government of Botswana to the decision of the African Commission. We have not yet received
a response.

DITSHWANELO has observer status with the African Commission and will be represented at both the NGO Forum and the open Session of the Commission. One of DITSHWANELO’s objectives is to monitor Government adherence to
International Human Rights standards.

Gaborone
1 May 2002