Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion. However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war. provides for the humane treatment of protected persons at all times and for protection against all acts of violence or threats and against insults and public curiosity. Further, it provides for the protection of women against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault. Article 4 × Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals. Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are. The provisions of Part II are, however, wider in application, as defined in Article 13. Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949, or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949, shall not be considered as protected persons within the meaning of the present Convention. of the Convention defines a protected person as those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals. 90. The Complainant State alleges that between October and December 1998, the gold produced by the OKIMO firm and by local diggers yielded $100,000,000 (one hundred million US dollars) to Rwanda. By its calculation, the coffee produced in the region and in North Kivu yielded about $70,000,000 (seventy million US dollars) to Uganda in the same period. Furthermore, Rwanda and Uganda took over control of the fiscal and customs revenue collected respectively by the Directorate General of Taxes. The plunder of the riches of the eastern provinces of Congo is also affecting endangered animal species such as okapis, mountain gorillas, rhinoceros, and elephants. 91. Indeed, the Respondent States, especially Uganda, ha[ve] refuted these allegations, pretending for example that its troops never stepped in some of the regions they are accused of human rights violations and looting of the natural resources of the Complainant State. However, the African Commission has evidence that some of these facts did take place and are imputable to the armies and agents of the Respondent States. In fact, the UN ha[s] acknowledged that during the period when the armies of the Respondent States were in effective control over parts of the territory of the Complainant State, there were lootings of the natural resources of the Complainant State. The UN set up a Panel of Experts to investigate this matter3 92. The Report of the Panel of Experts, submitted to the Security Council of the UN in April 2001 (under reference S/2001/357) identified all the Respondent States among others actors, as involved in the conflict in the Democratic Republic of Congo 4 The report profusely provides evidence of the involvement of the Respondent states in the illegal exploitation of the natural resources of the Complainant State. It is stated in paragraph 5 of the summary of the Report: "During this first phase (called mass-scale looting phase by the experts), stockpiles of minerals, coffee, wood, livestock and money that were available in territories conquered by the armies of Burundi, Rwanda and Uganda were taken, and either transferred to those countries or exported to international markets by their forces and nationals."5 . 93. Paragraph 25 of the Report further states: "The illegal exploitation of resources (of the Democratic Republic of Congo) by Burundi, Rwanda and Uganda took different forms, including confiscation, extraction, forced monopoly and price-fixing. Of these, the first two reached proportions that made the war in the Democratic Republic of the Congo a very lucrative business". 94. The [African] Commission therefore finds the illegal exploitation/looting of the natural resources of the complainant state in contravention of Article 21 of the African Charter, which provides: "All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it... (2) States Parties to the present Charter shall 13

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