interference may be legitimate. It is our view that the present matters falls on all fours with the provisions of international law. 79. Having thus dismissed the seminal charges against the Respondent States, however, the [African] Commission wishes to observe that the matters complained of here have now been largely resolved. The embargo has been lifted and by the agency of the OAU and with the active participation of neighbouring States a peace process is underway in Burundi. Decision of the African Commission For these reasons, the African Commission, Finds that the Respondent States are not guilty of violation of the African Charter as alleged. Takes note of the entry into force of the Burundi Peace and Reconciliation Agreement, alias [the] Arusha Accords, and that the Respondent States in the communication are among the States that have sponsored the said Accord. Also notes the efforts of the Respondent States aimed at restoring a lasting peace, for the development of the rule of law in Burundi, through the accession of all Burundian parties to the Arusha Accord. Welcomes the entry into force of the Constitutive Act of the African Union in 2000 to which the Republic of Burundi and all the Respondent States are now party, and which also provides for the promotion and respect of human and peoples‟ rights and the explicit censure of states that “come to power by unconstitutional means”. rd th th Done at the 33 Ordinary Session held in Niamey, Niger from 15 to 29 May 2003.

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