I.
THE PARTIES
1.
Mr. Issiaka KEÏTA and one hundred and twenty-four (124) others (hereinafter
referred to as “the Applicants”) are former workers of the Bays Water
Constructing and Mining company (hereinafter referred to as “BCM”). They
allege a violation of their rights as a consequence of their dismissal.
2.
The Application is filed against the Republic of Mali (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 on 20 June 2000. The Respondent State
also deposited, on 19 February 2010, the Declaration provided for under Article
34(6) of the Protocol, by virtue of which it accepted the jurisdiction of the Court
to receive applications from individuals and Non-Governmental Organisations
with Observer Status before the African Commission on Human and Peoples’
Rights.
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
The Applicants aver that on 4 July 2012, they signed an agreement with BCM
in the presence of the Regional Director of Labour of Kayes. There are minutes
on nine (9) items discussed. 2 They further aver that owing to the refusal of
2
The points are as follows: 1. Immediate cessation of the ITS regularized on pay slips from May 2012; 2.
Increase in the monthly dirt allowance from one thousand (1,000) to ten thousand (10,000) CFA francs; 3.
Allocation to each worker of a monthly production or output bonus equal to 40% of each worker’s basic
salary; 4. Allocation to each worker of a monthly inconvenience allowance equal to 25% of their basic salary;
5. Increase in monthly housing allowance from thirty-five thousand (35,000) to seventy thousand (70,000)
CFA francs for married workers each month, and from twenty thousand (20,000) to forty thousand (40,000)
CFA francs for single workers; 6. Payment of overtime allowance as soon as work resumes after leave; 7.
Milk allowance increased from ten thousand (10,000) to twenty thousand (20,000) CFA francs; 8.
Unblocking of step advancement; 9. Application of a table relating to hazard allowance.
2