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