individually and collectively exercise the right to free disposal of their wealth and natural resources with a
view to strengthening African Unity and solidarity."
95. The deprivation of the right of the people of the Democratic Republic of Congo, in this case, to freely
dispose of their wealth and natural resources, has also occasioned another violation - their right to their
economic, social and cultural development and of the general duty of States to individually or collectively
ensure the exercise of the right to development, guaranteed under Article 22 of the African Charter.
96. For refusing to participate in any of the proceedings although duly informed and invited to respond to
the allegations, Burundi admits the allegations made against it.
97. Equally, by refusing to take part in the proceedings beyond admissibility stage, Rwanda admits the
allegations against it.
98. As in the case of Rwanda, Uganda is also found liable of the allegations made against it.
Holding
For the above reasons, the [African] Commission,
Finds the Respondent States in violation of Articles 2, 4, 5, 12(1) and (2), 14, 16, 17, 18(1) and (3), 19, 20,
21, 22 and 23 of the African Charter;
Urges the Respondent States to abide by their obligations under the Charters of the UN, the OAU, the
African Charter, the UN Declaration on Principles of International Law Concerning Friendly Relations and
Co-operation among States and other applicable international principles of law and withdraw its troops
immediately from the Complainant's territory;
Takes note with satisfaction, of the positive developments that occurred in this matter, namely the
withdrawal of the Respondent States armed forces from the territory of the Complainant State;
Recommends that adequate reparations be paid, according to the appropriate ways to the Complainant
State for and on behalf of the victims of the human rights by the armed forces of the Respondent States
while the armed forces of the Respondent States were in effective control of the provinces of the
Complainant State, which suffered these violations.
Done at the 33rd Ordinary Session of the African Commission, May 2003, Niamey, Niger.
1 Financial constraints caused the 32nd Ordinary Session of the [African] Commission to last for only seven
(7) days.
2 Burundi, a State Party to the African Charter, ratified the [African] Charter on 28th July 1989.
3 See Resolution 1457 (2003) of the Security Council of the United Nations (UN) adopted on 24/01/2003 on
the Panel of Experts on the illegal exploitation of the natural resources of the Democratic Republic of
Congo. See also presidential statement dated 2nd June 2000 (S/PRST/2000/20), whereby the Security
Council requested the Secretary General of the UN to establish a Panel of Experts on the Illegal
Exploitation of Natural Resources and Other Forms of Wealth in the Democratic Republic of the Congo for
a period of six months.
4 See Point 10a
× Countries and other entities involved in the conflict in the Democratic Republic of the Congo, namely:
Angola, Burundi, the Democratic Republic of the Congo, Namibia, Rwanda, Uganda, Zimbabwe,
RCD-Goma and RCD-ML;
of the summary of the Report.
5 Also see para. 26, 27, 32, 55, 64 of the Report.
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