Wakilii

Samuel v Pan African Parliament (Application No. 010-2011)

African Court on Human and Peoples' Rights · [2011] AfCHPR 9 · 2011 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 alleging breach of employment contract and staff regulations
Decision
Application dismissed — matter falls within competence of Ad hoc Administrative Tribunal of the African Union

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 has no jurisdiction to hear employment contract disputes grounded exclusively on breach of OAU Staff Regulations. Such disputes fall within the competence of the Ad hoc Administrative Tribunal of the African Union, with appeals lying to the African Court of Justice and Human Rights under Article 29(1)(c) of the Protocol. The Court's jurisdiction under Article 3 of the Protocol extends only to interpretation and application of the African Charter and relevant human rights instruments ratified by States.

Outcome

Application dismissed — matter falls within competence of Ad hoc Administrative Tribunal of the African Union

Facts

Efoua Mbozo'o Samuel, domiciled in Yaounde, Cameroon, brought an application dated 6 June 2011 against the Pan African Parliament. He alleged breach of paragraph 4 of his employment contract and Article 13(a) and (b) of the OAU Staff Regulations. He claimed the Pan African Parliament improperly refused to renew his contract and to re-grade him, despite satisfactory evaluation reports. He further alleged breach of Executive Council Decision EX.CL/DEC 348 (XI) of June 2007 regarding remuneration and grading. The Registry requested the applicant to specify human rights violations alleged and provide evidence of exhaustion of local remedies. The applicant responded with further submissions but the application remained grounded exclusively on employment contract breach.

Issues

  1. Whether the African Court on Human and Peoples' Rights has jurisdiction to hear an employment contract dispute grounded exclusively on breach of OAU Staff Regulations.

Orders

  • Application dismissed for lack of jurisdiction.

Rules and key headnotes

Administrative Law — Jurisdiction — African Court on Human and Peoples' Rights — Employment Disputes
The African Court on Human and Peoples' Rights lacks jurisdiction to hear disputes grounded exclusively on breach of employment contract and staff regulations where such disputes fall within the competence of the Ad hoc Administrative Tribunal of the African Union.
Human Rights — Jurisdiction — Scope of Article 3 of the Protocol — Human Rights Instruments
Article 3(1) of the Protocol to the African Charter on Human and Peoples' Rights limits the jurisdiction of the African Court to cases concerning interpretation and application of the Charter, the Protocol, and other relevant human rights instruments ratified by States concerned, and does not extend to purely contractual employment disputes.
Employment & Labour — International Organizations — Staff Disputes — Competent Tribunal
Employment disputes arising under OAU Staff Regulations are within the competence of the Ad hoc Administrative Tribunal of the African Union, with appeals from that tribunal lying to the African Court of Justice and Human Rights under Article 29(1)(c) of the Protocol.

Legislation cited (4)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 29(1)(c)
  • OAU Staff Regulations Article 13(a)
  • OAU Staff Regulations Article 13(b)

Full judgment

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

Samuel v Pan African Parliament (Application No. 010-2011) [2011] AfCHPR 9 (30 September 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.