Mamadou Dabo et al. vs Republic of Mali
On August 27th, 2017, Mr. Mamadou Dabo and 55 other persons (together the Applicants) filed an Application instituting proceedings before the African Court on Human and Peoples’ Rights (the Court or the ACHPR) against the Republic of Mali (the defendant State) for alleged violations of the African Charter on Human and Peoples’ Rights (the Charter) in its Article 7.
The Applicants, former employees of LTA Mali SA and members of the Trade Union Committee of Workers of said company maintain that they were wrongfully dismissed for exercising their right to strike and to bring complaints for the improvement of their working conditions and their wage demands. An Arbitration Council had been set up to settle these issues, which had ordered the company LTA Mali SA to pay the employees a sum corresponding to the arrears of the 7% salary increase obtained as well as a performance bonus for the year 2011. The execution of this arbitral decision was the subject of a heavy litigation that was finally brought before the Court of Appeal of Bamako on February 09, 2018. At the time the present proceedings were brought, the national court had not yet delivered a judgment.
Mali raised objections regarding the jurisdiction and inadmissibility of the Application. After examining the pleas in law, the Court held that it had jurisdiction to hear the case. With regard to admissibility, it examined in turn all the criteria listed in Rule 50 of the Rules of Court and concluded that the application was inadmissible to the extent that domestic remedies had not been exhausted.
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.