probation, obtain the approval of the hierarchical head on the basis of the
most recent scores and his intended area of specialisation, as well as be at
least five years away from retirement at the end of the training.
119. The Respondent State asserts that, contrary to the Applicants’ allegations,
the right to be upgraded to a higher category, guaranteed by the ICESCR,
is adopted into Malian domestic law.
120. It is the Respondent State’s submission that training and promotion in the
course of one’s career are statutory rights afforded all police officers. These
rights are part of the regulatory provisions under Law No. 039 of 12 July
2010 on the status of police officers, in particular Article 125, which sets the
conditions for promotion, and Article 127, which sets the conditions for
validating in-service education with regard, inter alia, to the criteria of length
of service, favourable recommendation of their superior and prior approval
to pursue further studies.
121. It asserts that none of the Applicants met the criteria spelt out in those legal
provisions.
***
122. The Court recalls that Article 15 of the Charter provides that “Every
individual shall have the right to work under equitable and satisfactory
conditions and shall receive equal pay for equal work”.
123. The Court notes that although the above-mentioned Article 15 of the Charter
does not expressly provide for the right to promotion to a higher category, it
may nevertheless be interpreted in the light of Article 7(c) of the ICESCR,
which provides:
“The States Parties to the present Covenant recognise the right of everyone
to the enjoyment of just and favourable conditions of work which ensure, in
particular Equal opportunity for everyone to be promoted in his employment
to an appropriate higher level, subject to no considerations other than those
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