60. On 1 November 2016, the third group comprising Mamadou DABO and
twenty-five (25) others filed a case with the Civil Court of Bamako Commune
II district claiming the amounts awarded by the Arbitration Council. In its
Judgment No. 145 of 5 April 2017, the Civil Court dismissed their claims for
lack of jurisdiction. The same group of workers, Mamadou DABO, and
twenty-five (25) others, brought the case back before the Labour Court of
Bamako seeking to make the decision of the Arbitration Council
enforceable. On 22 January 2018 and by Order No. 09, the President of the
said Court issued an order dismissing the case. On 9 February 2018, the
workers appealed the ruling before Bamako Court of Appeal which had still
not delivered its judgment after the filing of the Application before this Court.
61. The Court notes that on 1 February 2013, LTA-Mali S.A. notified the Clerk
of the Arbitral Council of its opposition, to the implementation of the
Arbitration Council Decision No. 001/C.A of 7 January 2013, within the
statutory time limits, making the award pending in accordance with Article
229 of the Labour Law of Mali No. 92-020 of 23 September 1992.10
62. The Court also notes that the Respondent State promulgated Law No. 0212017 of 12 June 2017 amending Law No. 92-020 of 23 September 1992 on
the Labour Code of Mali amending Article 229, 11 which grants appeal
10 Article 229: The decision of the Arbitration Council shall be immediately notified and commented
upon to the parties by the chairperson of the Arbitration Council. If, within eight clear days following this
notification to the parties, none of them has expressed opposition, the decision shall become
enforceable. In the case of disputes concerning essential services, the interruption of which could
endanger the life, safety or health of persons, jeopardize the normal functioning of the national economy,
or concern a vital sector of the professions, the Minister in charge of Labour, in the event of disagreement
by one or both parties, shall bring the dispute before Cabinet, which may declare the decision of the
Arbitration Council enforceable.
11 Article L.229, new: The Arbitration Council shall have a period of 15 days to make its award. The
Council’s decision is immediately notified and commented on to the parties by the Chairman, who sends
a copy to the Minister of Labour. The Council’s decision shall be declared enforceable by order of the
President of the competent court, at the request of the earliest party. The arbitration award may only be
appealed against on the grounds of misuse of power, violation of the law or violation of the rules of
procedure, before the Social Division of the Supreme Court. Recourse for annulment of the arbitration
award is available: if the arbitration council was irregularly constituted; if the arbitrator ruled without
complying with the mission assigned to him or her; if he or she violated a rule of public order; when the
principle of adversarial debate was not respected. The appeal must be exercised within 8 clear days
following the notification of the award. It suspends the enforcement of the arbitral award. In case of
annulment of all or part of the arbitration award, the Supreme Court, within 3 clear days following the
date of referral by the most diligent party, shall refer the case to the parties who shall propose to the
Minister in charge of labour the constitution of a new arbitration council. In the event that the new award
15