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#* Editor's Note: Article 15 of the African Charter does not have a sub-article (5). 9

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Judgment of the Court1
Presentation of the Facts and Procedure2
Recapitulation of the Arguments of the Parties4
The Court's Analysis5
Issue 1: Has the Applicant been exploited economically by the Defendants?5
Issue 2: Have the Applicant's rights to equal work for equal salary been violated?5
Issue 4: Does the Court of Justice of ECOWAS have jurisdiction to adjudicate on the Case?7
Holding8

ECW/CCJ/JUD/05/07 Etim Moses Essien v Republic of Gambia & anor

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/05/05

ECCJ Jud No.: ECW/CCJ/JUD/05/07

Type of Document

Judgement

Keywords

Cruel and Degrading Treatment
Equality
Freedom from Discrimination
Workers' Rights

Country

Gambia

Year Decided: Oct 29, 2007

African Charter Rights Alleged to be Violated

ACHPR 15: Right to Work
ACHPR 5: Cruel Inhuman and Degrading Treatment

African Charter Rights Not Violated

ACHPR 15: Right to Work
ACHPR 5: Cruel Inhuman and Degrading Treatment

Duration of Procedure: Nov 18, 2005 ~ Oct 29, 2007

Country Geolocation

Latitude: 13.443182

Longitude: -15.310139

Country Geolocation (linked ECOWAS Court): Gambia

Primary Documents

ECW_CCJ_JUD_05_07 Etim Moses Essien v. The Gambia.pdf
English
Download View
18. ECW_CCJ_JUD_05_07 Etim Moses Essien v. The Gambia - PT.pdf
Portuguese
Download View

ECOWAS Court Rules of Procedure

Article 871. A party applying to the Court for a decision on a preliminary objection or other preliminary plea not going to the substance of the case shall make the application by a separate document. 2. The application must state the pleas of fact and law relied on and the form of order sought by the applicant and any supporting documents must be annexed to it. 3. As soon as the application has been lodged, the President shall prescribe a period within which the opposite party may lodge a document containing a statement of the form of order sought by that party and its pleas in law. 4. Unless the Court decides otherwise, the remainder of the proceedings shall be oral. 5. The Court shall, after hearing the parties decide on the application or reserve its decision for the final judgment. If the Court refuses the application or reserves its decision, the President shall prescribe new time limits for the further steps in the proceedings.

Rules of Procedure

Universal Declaration of Human Rights (UDHR)

2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Cha

Treaty

ECOWAS Court Rules of Procedure

PROCEDUREArticle 871. A party applying to the Court for a decision on a preliminary objection or other preliminary plea not going to the substance of the case shall make the application by a separate document. 2. The application must state the pleas of fact and law relied on and the form of order sought by the applicant and any supporting documents must be annexed to it. 3. As soon as the application has been lodged, the President shall prescribe a period within which the opposite party may lodge a document containing a statement of the form of order sought by that party and its pleas in law. 4. Unless the Court decides otherwise, the remainder of the proceedings shall be oral. 5. The Court shall, after hearing the parties decide on the application or reserve its decision for the final judgment. If the Court refuses the application or reserves its decision, the President shall prescribe new time limits for the further steps in the proceedings.

Rules of Procedure

ECOWAS Court Rules of Procedure

5. The Court shall, after hearing the parties decide on the application or reserve its decision for the final judgment. If the Court refuses the application or reserves its decision, the President shall prescribe new time limits for the further steps in the proceedings.

Rules of Procedure

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Revised Treaty of Economic Community of West African States (1993)

2. Failing this, either party or any other Member States or the Authority may refer the matter to the Court of the Community whose decision shall be final and shall not be subject to appeal.

Treaty

Revised Treaty of Economic Community of West African States (1993)

Judgements of the Court of Justice shall be binding on the Member States, the Institutions of the Community and on individuals and corporate bodies.

Treaty

Revised Treaty of Economic Community of West African States (1993)

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

2. Decisions of the Court shall be read in open court and shall state the reasons on which they are based. Subject to the provisions on review contained in this Protocol, such decisions shall be final and immediately enforceable.

Treaty

ECOWAS Revised treaty

4.Judgements of the Court of Justice shall be binding on theMemberStates, theInstitutions of the Community and on individuals and corporate bodies.

Treaty

ECOWAS Revised treaty

2.Failingthis,eitherparty or anyotherMemberStatesor theAuthoritymay referthematterto theCourtoftheCommunitywhosedecisionshall be final and shallnot besubjecttoappeal.

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

African Charter on Human and Peoples' Rights

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Universal Declaration of Human Rights (UDHR)

Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests.

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights

Treaty

335/06 Dabalorivhuwa Patriotic Front v South Africa

Etim Moses v Gambia

ACHPR Decision

African Charter on Human and Peoples' Rights

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 7 The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, as a minimum, with: 3(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; (ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant; (b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; (d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays

UN Document

Universal Declaration of Human Rights (UDHR)

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

UN Document

African Charter on Human and Peoples' Rights

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECOWAS Revised treaty

g)recognition,promotionandprotectionof humanand peoples' rights in accordancewith the provisions of the African Charter on Human and Peoples' Rights;

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication;

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Treaty

Revised Treaty of Economic Community of West African States (1993)

Treaty

Universal Declaration of Human Rights (UDHR)

UN Document

African Charter on Human and Peoples' Rights

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Treaty

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

4. Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs.

Rules of Procedure

Treaties and softlaw only41
- Rules of Procedure5
- UN Document10
- Treaty26
No Label13
- ACHPR Decision2
- ECOWAS Court11
Location1
- Countries (Geolocation) 1

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Keywords
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Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
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