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