2. The Application is filed against the Republic of Benin (hereinafter referred to as “the Respondent State”) which became a Party to the African Charter on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on 21 October 1986 and to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) on 22 August 2014. On 8 February 2016, the Respondent State also deposited the Declaration provided for in Article 34(6) of the said Protocol (hereinafter referred to as “the Declaration”) by virtue of which it accepted the jurisdiction of the Court to receive applications from individuals and Non-Governmental Organizations having observer status before the African Commission on Human and People’s Rights. On 25 March 2020, the Respondent State deposited with the African Union Commission (hereinafter referred to as “the AU Commission”) the instrument of withdrawal of the said Declaration. The Court has held that this withdrawal has no bearing on pending cases and new cases filed before the withdrawal came into effect one year after the date of its deposit with the AU Commission, in this case, on 26 March 2021.1 II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the Application that following his dismissal, the Applicant referred the matter to the Cotonou Labour Inspectorate which, on 8 May 2007, released a report of non-conciliation. Following these proceedings, the Applicant brought an action before the Cotonou Court of First Instance (the Cotonou Court), which dismissed the case by judgment of 29 July 2011. The Applicant further avers that in May 2013, he appealed the said judgment to the Cotonou Court of Appeal, which did not hear the matter. 1 XYZ v. Benin (provisional measures) (3 April 2020) 4 AfCLR 49, § 2. 2

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