association pour la sauvegarde de la paix au burundi v tanzania and others communication 157 of 1996 2003 achpr 40 29 may 2003

association pour la sauvegarde de la paix au burundi v tanzania and others communication 157 of 1996 2003 achpr 40 29 may 2003

The embargo was a regionally and internationally endorsed measure, not a unilateral or indiscriminate act; it was targeted, monitored, and adjusted to minimize civilian harm. The action was consistent with international law and did not violate the African Charter on Human and Peoples' Rights or other cited obligations.

Citation
association pour la sauvegarde de la paix au burundi v tanzania and others communication 157 of 1996 2003 achpr 40 29 may 2003
Parties
Complainant: Association Pour la Sauvegarde de la Paix au Burundi; Respondent: Tanzania; Respondent: Kenya; Respondent: Uganda; Respondent: Rwanda; Respondent: Zaire (now Democratic Republic of Congo); Respondent: Zambia; Respondent: Ethiopia
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
29 May 2003
Procedural Posture
Communication (individual Complaint) Before African Commission on Human and Peoples' Rights / Final Decision on Merits
Outcome
complaint dismissed
Legal Topics
Economic Sanctions, Right to Life, Right to Education, Right to Development, Non Interference, Regional Peace and Security
Source Language
English
International Law Human Rights Law African Regional Law Economic Sanctions Right to Life Right to Education Right to Development Non Interference +1 more

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Parties

Association Pour la Sauvegarde de la Paix au Burundi

Complainant

Tanzania

Respondent

Kenya

Respondent

Uganda

Respondent

Rwanda

Respondent

Zaire (now Democratic Republic of Congo)

Respondent

Zambia

Respondent

Ethiopia

Respondent

Procedural Posture

Communication (individual Complaint) Before African Commission on Human and Peoples' Rights / Final Decision on Merits

Legal Issues

  1. 1 Whether the embargo imposed by respondent states on Burundi violated the African Charter on Human and Peoples' Rights and other international obligations
  2. 2 Whether the embargo constituted unlawful interference in the internal affairs of Burundi
  3. 3 Whether the sanctions were excessive, disproportionate, or indiscriminate

Ratio Decidendi

The embargo was a regionally and internationally endorsed measure, not a unilateral or indiscriminate act; it was targeted, monitored, and adjusted to minimize civilian harm. The action was consistent with international law and did not violate the African Charter on Human and Peoples' Rights or other cited obligations.

Court Disposition

complaint dismissed

Orders

  • Finds that the Respondent States are not guilty of violation of the African Charter on Human and Peoples' Rights as alleged.
  • Takes note of the entry into force of the Burundi Peace and Reconciliation Agreement (Arusha Accords) and the efforts of Respondent States in sponsoring peace.