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61. The African Commission consequently deferred consideration of the matter to its 33 Ordinary
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Session scheduled to take place from 15 to 29 May 2003, in Niamey, Niger.
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62. The African Commission considered this communication during the 33 Ordinary Session and
decided to deliver its decision on the merits.
Law
Admissibility
63. The [African] Commission had to resolve the matter of the locus standi of the author of the
communication. It would appear that the authors of the communication were in all respects
representing the interests of the military regime of Burundi. The question that was raised was whether
this communication should not rather be considered as a communication from a state and be
examined under the provisions of Articles 47 through 54 of the African Charter. Given that it has been
the practice of the [African] Commission to receive communications from NGOs, it was resolved to
consider this as a calls action. In the interests of the advancement of human rights this matter was not
rigorously pursued especially as the Respondent States did not take exception by challenging
the locus standi of the author of the communication. In the circumstances the matter was examined
under Article 56.
64. Under Article 56.5 and 56(6) of the African Charter, communications other than those referred to
in Article 55 received by the [African] Commission and relating to human and peoples‟ rights shall be
considered if they:
(5)" are sent after exhausting local remedies, if any, unless it is obvious that this procedure is
unduly prolonged”;
(6) are submitted within a reasonable period from the time local remedies are exhausted, or
from the date the Commission is seized with the matter”.
65. These provisions of the African Charter are hardly applicable in this matter [insofar] as the
national courts of Burundi have no jurisdiction over the State Respondents herein. This is yet another
indication that this communication appropriately falls under communications from states Articles 47 54
66. However, drawing from general international law and taking into account its mandate for the
protection of human rights as stipulated in Article 45(2), the [African] Commission takes the view that
the communication deserves its attention and declares it admissible.
Merits
67. The communication was submitted by the Association pour la sauvegarde de la paix au
Burundi against States of the Great Lakes region (Democratic Republic of Congo, Kenya, Rwanda,
Tanzania, Uganda, Zambia) and Ethiopia, in the wake of an embargo declared by these countries
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against Burundi on 31 July 1996, following the coup d‟etat carried out by the Burundian army on
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25 July against the democratically elected government.
68. The communication alleges that by its very existence this embargo violated and continues to
violate a number of international obligations to which these states have subscribed, including those
emanating from the provisions of the Charter of the OAU, the African Charter, as well as Resolution
2625 (XXV) of the General Assembly of the UN on the principles of international law applicable to
friendly relations and cooperation between States on the basis of the UN Charter.
69. The states accused in the communication, particularly Zambia and Tanzania which submitted
written conclusions on the case, reject the allegations against them, stating among other things, that
while it is true that the decision to impose an embargo against Burundi was taken at the Arusha
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Summit of 31 July 1996 at which they participated, (with the exception of Zambia, which only joined