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Confederation Syndicate Des Travailleurs Du Mali v Republic of Mali (Application No. 003-2017)

African Court on Human and Peoples' Rights · [2021] AfCHPR 40 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights challenging exclusion from membership of the Economic, Social and Cultural Council
Decision
Application dismissed for lack of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights lacks jurisdiction to hear an application brought by a trade union that is not an NGO with observer status before the African Commission. Under Article 5(3) of the Protocol, only NGOs with observer status and individuals may institute cases directly before the Court. The applicant's request to substitute natural persons for the trade union was denied because the rights alleged were intrinsic to the trade union's nature.

Outcome

Application dismissed for lack of jurisdiction

Facts

The Confederation Syndicale des Travailleurs du Mali, a group of affiliated trade unions, challenged its exclusion from membership of the Economic, Social and Cultural Council of Mali. The Confederation had been excluded in 1999, 2004, and 2009. The Malian Supreme Court twice annulled presidential decrees excluding the Confederation (in 2002 and 2007). The ILO Committee on Freedom of Association recommended in 2011 that Mali include the Confederation in the ESCC. The Confederation also alleged exclusion from other joint tripartite bodies. The applicant sought damages of 1 billion CFA francs and 648 million CFA francs in arrears of subsidies, and an order requiring inclusion in the relevant bodies.

Issues

  1. Whether the Court has personal jurisdiction to hear an application brought by a trade union that is not an NGO with observer status before the African Commission on Human and Peoples' Rights.

Orders

  • Court finds that it lacks jurisdiction.
  • Application dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Human Rights — African Court Jurisdiction — Standing — Trade Unions
A trade union that is not an NGO with observer status before the African Commission on Human and Peoples' Rights lacks standing to bring an application directly before the African Court on Human and Peoples' Rights under Article 5(3) of the Protocol.
Administrative Law — Judicial Review — Substitution of Parties
Where rights alleged in an application are intrinsically inherent to the trade union nature of the applicant, a request to substitute natural persons for the trade union as applicant cannot be granted.

Cases cited (2)

  • Association Juristes d'Afrique pour la Bonne Gouvernance v Republic of Côte d'Ivoire (16 June 2016)
  • Convention Nationale des Syndicats du Secteur Education (CONASYSED) v Gabon (11 December 2011)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Confederation Syndicate Des Travailleurs Du Mali v Republic of Mali (Application No. 003-2017) [2021] AfCHPR 40 (25 June 2021)
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.