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National Convention of Teachers Trade Union v Gabon (Application No. 012-2011)

African Court on Human and Peoples' Rights · [2011] AfCHPR 11 · 2011 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging violations of trade union rights
Decision
Application struck out for manifest 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 unanimously held that it manifestly lacked jurisdiction to receive the application. The applicant CONASYSED did not have observer status before the African Commission, and the Republic of Gabon had not made the declaration required under Article 34(6) of the Protocol accepting the Court's competence to receive cases from individuals and NGOs. The application was struck out.

Outcome

Application struck out for manifest lack of jurisdiction

Facts

On 3 August 2011, CONASYSED, a teachers' trade union based in Libreville, Gabon, filed an application with the African Court alleging violations of trade union rights under the Universal Declaration of Human Rights and Articles 10 and 15 of the African Charter. The Registry acknowledged receipt and registered it as Application No. 012/2011. The Court inquired whether Gabon had made the declaration under Article 34(6) of the Protocol and whether CONASYSED had observer status with the African Commission. On 16 August 2011, the African Union Commission confirmed Gabon had not made the required declaration. On 8 December 2011, the African Commission confirmed CONASYSED did not have observer status.

Issues

  1. Whether the Court has jurisdiction to receive an application from an entity without observer status before the African Commission on Human and Peoples' Rights.
  2. Whether the Court has jurisdiction to receive an application against a State Party that has not made the declaration required under Article 34(6) of the Protocol.

Orders

  • Application struck out.
  • Court manifestly lacks jurisdiction to receive the application submitted by CONASYSED against the Republic of Gabon.

Rules and key headnotes

Human Rights — African Court Jurisdiction — Standing Requirements — Observer Status
Under Article 5(3) of the Protocol to the African Charter, the African Court on Human and Peoples' Rights may entitle relevant non-governmental organizations with observer status before the African Commission, and individuals, to institute cases directly before it, in accordance with Article 34(6) of the Protocol.
Human Rights — African Court Jurisdiction — State Declaration Requirement
Article 34(6) of the Protocol requires a State Party to make a declaration accepting the competence of the Court to receive cases under Article 5(3). The Court shall not receive any petition under Article 5(3) involving a State Party which has not made such a declaration.
Human Rights — African Court Jurisdiction — Manifest Lack of Jurisdiction
Where an applicant does not have observer status before the African Commission and the respondent State has not made the declaration required under Article 34(6) of the Protocol, the African Court manifestly lacks jurisdiction to receive the application.

Cases cited (2)

  • Michelot Yogogombaye vs. Republic of Senegal
  • Ekollo Mottndi Alexandre vs. Republic of Cameroon and Federal Republic of Nigeria

Full judgment

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

National Convention of Teachers Trade Union v Gabon (Application No. 012-2011) [2011] AfCHPR 11 (15 December 2011)
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.