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Moussa Kante et al. vs Republic of Mali

On February 21st, 2019, Mr. Moussa Kante and others, together the applicants, 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 on Human and Peoples’ Rights (the Charter) in its articles 3 and 7.

The applicants, employees of SAER-Emploi, a company specialising in the recruitment of personnel in the mining industry, allege that they were denied access to their place of work, thus notifying them of the end of their contracts without any fault or document being served on them. Considering the termination to be abusive, they sued their employer before the Sissoko Labour Court to demand their reinstatement and payment of their wage arrears. On May 11th, 2016, the General Court granted their request. However, this judgment was quashed by the Bamako Court of Appeal on December 15th, 2016. The applicants filed an appeal in cassation before the Malian Supreme Court on November 09th, 2017. At the time of the filing of the application initiating proceedings, the Supreme Court had not yet cleared the referral.

Mali raised objections regarding the lack of jurisdiction and inadmissibility of the application. After examining the pleas submitted, the Court declared that it had jurisdiction to hear the case. With regard to admissibility, it examined in turn all the criteria listed in article 50 of the Rules of Court and concluded that the application was not admissible to the extent that domestic remedies had not been exhausted.

Judgment of 25-06-2021.pdf

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.