Decision of the Commission
243. For the above reasons, the Commission finds that Botswana has violated Articles 1, 2, 7.1.a, 9, 12.4 and 18.1 & 18.2 of the African Charter. 244.
The Commission recommends:
1. that the Respondent State provides adequate compensation to the victim for the loss and cost he has incurred as a result of the violations. The compensation should include but not be limited to remuneration and benefits he lost as a result of his expulsion, and legal costs he incurred during litigation in domestic courts and before the African Commission. The manner and mode of payment of compensation shall be made in accordance with the pertinent laws of the Respondent State; and
2. The Respondent State should take steps to ensure that Sections 7(f), 11(6) and 36 of the Botswana Immigration Act and its practices conform to international human rights standards, in particular, the African Charter.
Done in Banjul, The Gambia, at the 47th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 12th – 26th May 2010.
