Wakilii

Democratic Republic of Congo v Burundi and Others (Communication 227 of 1999)

African Commission on Human and Peoples' Rights · [2003] ACHPR 41 · 2003 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First inter-state communication before the African Commission alleging grave and massive human rights violations during armed occupation
Decision
Communication upheld; respondent states found in violation of the African Charter; reparations ordered

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission held that Burundi, Rwanda and Uganda violated multiple provisions of the African Charter through armed occupation of eastern provinces of the Democratic Republic of Congo. The respondent states violated the right to self-determination, peace and security, and committed grave human rights abuses including massacres, rape, and illegal exploitation of natural resources. The Commission ordered immediate withdrawal of troops and payment of adequate reparations.

Outcome

Communication upheld; respondent states found in violation of the African Charter; reparations ordered

Facts

On 24 February 1999, the Democratic Republic of Congo filed a communication against Burundi, Rwanda and Uganda alleging grave human rights violations in its eastern provinces since August 1998. The DRC alleged that armed forces of the three respondent states committed massacres, rapes, mutilations, mass transfers of population, and illegal exploitation of natural resources. Specific incidents included the massacre of 856 persons in Kasika in August 1998, 612 persons in Makobola in December 1998-January 1999, systematic rape of women and girls, besieging of the Inga hydroelectric dam disrupting electricity to hospitals, and looting of minerals, coffee, wood and other resources worth hundreds of millions of dollars. Rwanda and Uganda acknowledged the presence of their troops in eastern DRC, claiming security justifications. A UN Panel of Experts confirmed illegal exploitation of DRC's natural resources by the respondent states during their occupation.

Issues

  1. Whether the armed occupation of eastern provinces of the Democratic Republic of Congo by Burundi, Rwanda and Uganda violated the African Charter on Human and Peoples' Rights.
  2. Whether the communication was admissible despite procedural objections regarding notification requirements under Articles 47-49 of the African Charter.
  3. Whether the requirement to exhaust local remedies applied where violations were allegedly committed by foreign armed forces on the complainant state's territory.
  4. Whether massacres, rapes, mutilations, mass transfers of population and looting committed by the respondent states' armed forces violated the African Charter and international humanitarian law.
  5. Whether the illegal exploitation of the Democratic Republic of Congo's natural resources by the respondent states violated Articles 21 and 22 of the African Charter.

Orders

  • The Respondent States are found 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.
  • The Respondent States are urged 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 troops immediately from the Complainant's territory.
  • The Commission takes note with satisfaction of the positive developments, namely the withdrawal of the Respondent States' armed forces from the territory of the Complainant State.
  • Adequate reparations are to be paid, according to the appropriate ways to the Complainant State for and on behalf of the victims of human rights violations by the armed forces of the Respondent States while in effective control of the provinces of the Complainant State.

Rules and key headnotes

Inter-State Communications — Admissibility — Procedural Requirements
The procedure outlined in Article 48 of the African Charter requiring notification to the respondent state before submitting a communication to the Commission is permissive and not mandatory, as indicated by the use of the word 'may'. Where a communication is filed directly under Article 49 without prior notification, such omission is not fatal to admissibility if the Commission forwards a copy to the respondent states for their observations after being seized of the case.
Exhaustion of Local Remedies — Armed Occupation by Foreign Forces
Where violations are allegedly perpetrated by foreign armed forces in the territory of the complainant state, local remedies do not exist and the question of their exhaustion does not arise for purposes of admissibility under Article 50 of the African Charter.
Derogation — Armed Conflict — Non-Derogable Rights
The African Charter, unlike other human rights instruments, does not allow for states parties to derogate from their treaty obligations during emergency situations. Even a situation of war cannot be cited as justification by a state violating or permitting violations of the African Charter. Violations committed during armed conflict fall within the jurisdiction of the African Commission.
Right to Peace and Security — Armed Occupation — Self-Determination
The use of armed force and occupation of another state's territory contravenes the principle that states shall settle disputes by peaceful means and violates Article 23 of the African Charter guaranteeing the right to national and international peace and security. Such occupation also constitutes a flagrant violation of the peoples' unquestionable and inalienable right to self-determination under Article 20 of the African Charter.
International Humanitarian Law — Application by African Commission
By virtue of Articles 60 and 61 of the African Charter, the African Commission may draw inspiration from international law on human and peoples' rights and take into consideration other international conventions laying down rules recognised by member states. The Four Geneva Conventions and two Additional Protocols covering armed conflicts constitute part of the general principles of law recognised by African states and are applicable in determining cases before the Commission.
Grave Violations During Armed Occupation — Massacres, Rape, Mutilation
Killings, massacres, rapes, mutilations and other grave human rights abuses committed while armed forces are in effective occupation of territory are reprehensible and inconsistent with obligations under Part III of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 and Protocol I. Such acts constitute flagrant violations of Article 2 (non-discrimination), Article 4 (right to life and integrity of person), Article 18(1) (protection of family), and Article 12 (freedom of movement) of the African Charter.
Right to Dispose of Wealth and Natural Resources — Illegal Exploitation
The illegal exploitation and looting of a state's natural resources by occupying forces contravenes Article 21 of the African Charter, which provides that all peoples shall freely dispose of their wealth and natural resources in the exclusive interest of the people and that in no case shall a people be deprived of this right. Such deprivation also violates Article 22 guaranteeing the right to economic, social and cultural development.

Legislation cited (39)

  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 12(1)
  • African Charter on Human and Peoples' Rights Article 12(2)
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 16
  • African Charter on Human and Peoples' Rights Article 17
  • African Charter on Human and Peoples' Rights Article 18(1)
  • African Charter on Human and Peoples' Rights Article 18(3)
  • African Charter on Human and Peoples' Rights Article 19
  • African Charter on Human and Peoples' Rights Article 20
  • African Charter on Human and Peoples' Rights Article 21
  • African Charter on Human and Peoples' Rights Article 22
  • African Charter on Human and Peoples' Rights Article 23
  • African Charter on Human and Peoples' Rights Article 47
  • African Charter on Human and Peoples' Rights Article 48
  • African Charter on Human and Peoples' Rights Article 49
  • African Charter on Human and Peoples' Rights Article 50
  • African Charter on Human and Peoples' Rights Article 52
  • African Charter on Human and Peoples' Rights Article 57
  • African Charter on Human and Peoples' Rights Article 58(1)
  • African Charter on Human and Peoples' Rights Article 58(3)
  • African Charter on Human and Peoples' Rights Article 60
  • African Charter on Human and Peoples' Rights Article 61
  • UN Charter Article 33
  • UN Charter Article 51
  • UN Charter Chapter VII
  • OAU Charter Article III
  • Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 Part III
  • Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 Article 4
  • Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 Article 27
  • Protocol I Additional to Geneva Conventions 1949 Article 56
  • Protocol I Additional to Geneva Conventions 1949 Article 75(2)
  • Protocol I Additional to Geneva Conventions 1949 Article 76
  • Protocol I Additional to Geneva Conventions 1949 Article 34
  • Hague Convention (II) with Respect to the Laws and Customs of War on Land Article 23
  • International Covenant on Civil and Political Rights
  • Convention on the Elimination of All Forms of Discrimination against Women

Cases cited (3)

  • Communication 74/92 Commission nationale des droits de l'Homme et des libertés
  • 159/96 UIDH et al. / Angola
  • International Criminal Tribunal for Yugoslavia v. Zejnil Delalic, Zdravko Mucic, Hazim Delic and Esad Landzo (the Celebici Judgment; Nov., 16, 1998 at para. 587)

Full judgment

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Democratic Republic of Congo v Burundi and Others (Communication 227 of 1999) [2003] ACHPR 41 (29 May 2003)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.