App. 003/2017_ Confédération Syndicale des Travailleurs du Mali vs Mali
Confédération Syndicale des Travailleurs du Mali vs Republic of Mali
On April 06th, 2017, the Confederation Syndicale des Travailleurs du Mali (the CSTM or the Applicant) filed an application instituting proceedings against the Republic of Mali before the African Court of Human and Peoples’ Rights (the Court or the ACHPR) for alleged violations of the African Charter of Human and Peoples’ Rights (the Charter) in its article 7.
The CSTM states that since its creation in 1998, it has been excluded several times from the composition of the Cultural and Social Economic Council of Mali, even though the Malian Constitution provides that this body must be composed of public, parapublic and trade union structures. It also states that it has appealed several times to the Malian Supreme Court to assert its rights, successfully. Finally, it adds that it has also been excluded from the National Institute of Social Security, the Malian Social Security Fund and the National Health Insurance Fund.
The respondent State raised preliminary objections relating to the jurisdiction and admissibility of the application. With regard to jurisdiction, Mali asserts that the Court does not have jurisdiction rationae personae since the CSTM is not an NGO with observer status with the African Commission on Human and Peoples’ Rights, a prerequisite for referral to the Court. The Court did indeed find that the applicant does not deny that it does not fulfil that condition. The Court therefore declares that it has no jurisdiction to hear and rule on the matter.
This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.
