72. The Complainant State alleges the occupation of the eastern provinces of the country by the
Respondent States' armed forces. It alleges also that most parts of the affected provinces have been under
the control of the rebels since 2nd August 1998, with the assistance and support of the Respondent States.
In support of its claim, it states that the Ugandan and Rwandan governments have acknowledged the
presence of their respective armed forces in the eastern provinces of the country under what it calls the
'fallacious pretext' of 'safeguarding their interests'. The [African] Commission takes note that this claim is
collaborated by the statements of the representatives of the Respondent States during the 27th Ordinary
Session held in Algeria.
73. Article 23 of the Charter guarantees to all peoples the right to national and international peace and
security. It provides further that the principles of solidarity and friendly relations implicitly affirmed by the
Charter of the UN and reaffirmed by that of the OAU shall govern relations between states. The principles
of solidarity and friendly relations contained in the Declaration on Principles of International Law
Concerning Friendly Relations and Co-operation among States in Accordance with the UN Charter (Res.
2625 (XXV), adopted by the UN General Assembly on 24th October 1970, prohibits threat or use of force by
States in settling disputes. Principle 1 provides: "Every State has the duty to refrain in its international
relations from the threat or use of force against the territorial integrity or political independence of any
State, or in any other manner inconsistent with the purposes of the [UN]. Such a threat or use of force
constitutes a violation of international law and the Charter of the [UN] and shall never be employed as a
means of settling international issues".
74. In the same vein, Article 33
× Article 33 - 1. The parties to any dispute, the continuance of which is likely to endanger the maintenance
of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful
means of their own choice. 2. The Security Council shall, when it deems necessary, call upon the parties to
settle their dispute by such means.
of the UN Charter enjoins "parties to any dispute, the continuance of which is likely to endanger the
maintenance of international peace and security...first of all, to seek a solution by negotiation, enquiry,
mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other
peaceful means of their own choice". Chapter VII of the same Charter outrightly prohibits threats to the
peace, breaches of the peace and acts of aggression. Article III of the OAU Charter states that "The
Member States, in pursuit of the purposes stated in Article II, solemnly affirm and declare their adherence
to the following principles:
1. Non-interference in the internal affairs of States;
2. Respect for the sovereignty and territorial integrity of each State and for its inalienable right to
independent existence;
3. Peaceful settlement of disputes by negotiation, mediation, conciliation or arbitration."
75. It also contravenes the well-established principle of international law that States shall settle their
disputes by peaceful means in such a manner that international peace and security and justice are not
endangered. As noted in paragraph 66 above, there cannot be both national and international peace and
security guaranteed by the Charter with the conduct of the Respondent States in the eastern provinces of
the Complainant State.
76. The [African] Commission therefore disapproves of the occupation of the Complainant's territory by the
armed forces of the Respondent forces and finds it impermissible, even in the face of their argument of
being in the Complainant's territory in order to safeguard their national interests and therefore in
contravention of Article 23 of the [African] Charter. The [African] Commission is of the strong belief that
such interests would better be protected within the confines of the territories of the Respondent States.
77. It bears repeating that the [African] Commission finds the conduct of the Respondent States in
occupying territories of the Complainant State to be a flagrant violation of the rights of the peoples of the
Democratic Republic of Congo to their unquestionable and inalienable right to self-determination provided
for by Article 20 of the African Charter.
78. As previously stated, the [African] Commission is entitled, by virtue of Articles 60 and 61 of the African
Charter, to draw inspiration from international law on human and peoples' rights,...the Charter of the UN,
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