27. In response to the accusation that it violated the provisions of Articles 3(1), (2) and (3) of the OAU
Charter, Tanzania states that “it has not violated any of the principles enshrined in those texts”. It
emphasises that
“despite its [small] size, Burundi remains a sovereign State like any other African State. The sanctions
imposed on it by its neighbouring countries do not undermine its sovereignty or its territorial integrity,
nor much less its inalienable right to its own existence”.
On the contrary, continues Tanzania,
“the sanctions could play an important role in reminding the Burundian authorities of the content of the
preamble to the OAU Charter, which states that all members of the OAU are conscious of the fact that
freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate
aspirations of the African peoples. Another provision states that in order to create conditions for
human progress, peace and security must be established and maintained. Peace and security are
lacking in Burundi and the sanctions imposed on it could be one of the means of achieving them
through dialogue.”
28. As regards the allegation of violation of Article 3(4) of the OAU Charter, Tanzania comments
“ASP-Burundi deliberately ignores one very important provision of the OAU Charter which states that
OAU members solemnly affirm their adherence to the principle of the peaceful resolution of disputes
by negotiation, mediation, conciliation and arbitration. The idea behind the imposition of the sanctions
is precisely that of causing the application of this principle which a view to achieving lasting peace in
Burundi. Contrary to ASP-Burundi‟s contention that a dangerous precedent had been set, Tanzania
believes that the countries of the Great Lakes region had set a favourable precedent. In the pursuit of
the goals and objectives of the OAU,Article 2(2) of the OAU Charter states “to these ends, the member
States shall cooperate and harmonise their general policies in the political and diplomatic fields.”
Tanzania concludes its exposition with a response to ASP-Burundi‟s accusation that it had violated
certain texts adopted by the UN, including some provisions of the Organisation‟s Charter. It
emphasises in particular that
“the concept of regional arrangement adopted by the Great Lakes countries is straight out of Chapter
VIII of the [UN] Charter: Article 52 of the said Charter stipulates that regional arrangements may be
used for keeping international peace and security, with the provis[ion] that such actions shall be
consistent with the goals and principles of the [UN]. This provision allows for regional arrangements to
be used for peaceful settlements before having recourse to the Security Council. And indeed, the
Council encourages regional arrangements”.
29. “Tanzania does not believe that the imposition of sanctions is an interference in the internal
affairs of Burundi. Tanzania is more concerned about the potential consequences of the instability
currently prevailing in Burundi. All neighbouring countries share the same concern, since it is true that
the instability in Burundi signifies for them inflow of refugees, instability in their own territory as a
consequence of that prevailing in Burundi and which could transform into a generalised conflagration
in the entire region. The imposition of sanctions should be seen as a preventive means of self defence
aimed at avoiding seeing the region plunge into instability and chaos”.
30. Tanzania further emphasises that
“in fact, all the sanctions that were adversely affecting the ordinary Burundian citizen were softened
th
when the leaders of the Great Lakes countries met in Arusha on 16 April 1997. This included the
lifting of the sanctions on food products, school materials, construction materials, as well as all medical
items, and agricultural products and inputs”.
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31. “The sixth Summit of the Great Lakes countries held in Kampala on 21 February 1998,
unanimously decided to maintain the sanctions against the Burundian military regime. In this vein, the
enforcement of the sanctions shall be scrupulously monitored by the organ established for this
purpose; this is with a view to ensuring the implementation of the decisions taken by the countries of
the region. It is important to note that the sanctions were declared by the countries of the region and
not unilaterally by Tanzania. Hence, if ASP-Burundi has a just cause to defend, it should do so against
the region and not against Tanzania”.