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”.
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Done at the 33 Ordinary Session held in Niamey, Niger from 15 to 29 May 2003.