012/11 National Convention of Teachers Trade Union
(CONASYSED) v. Gabon
AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS

In the Matter of
National Convention of Teachers Trade Union
v.
The Republic of Gabon
Application 012 /2011

Decision

The Court composed of: Sophia A.B. AKUFFO, Vice-President; Jean MUTSINZI, Bernard M. NGOEPE,
Modibo T. GUINDO, Fatsah OUGUERGOUZ, Augustino S.L. RAMADHANI, Duncan TAMBALA, Elsie N.
THOMPSON, Sylvain ORE - Judges ; and Robert ENO -- Acting Registrar

In the matter of:

National Convention of Teachers Trade Union
v.
The Republic of Gabon
After deliberations,
makes the following decision:
1. By Application dated 3 August 2011, the teachers, trade union leaders of the National Convention of
Teachers Trade Union (CONASYSED) domiciled in Libreville, in the Republic of Gabon, seized the Court
with a petition against the Republic of Gabon, for violations of trade union rights enshrined in the Universal
Declaration of Human Rights and Articles 10 and 15 of the African Charter on Human and Peoples' Rights.
2. Pursuant to the provisions of Rule 34 of the Rules of Court, the Registry, by letter dated 4 August 2011,
acknowledged receipt of the Application and registered it as Application No. 012/2011.
3. By letter dated 2 August 2011, the Registry of the Court inquired from the Legal Counsel of the African
Union Commission if the Respondent State has made the Declaration required under Article 34(6) of the
Protocol establishing the Court.
4. By letter dated 16 August 2011, the Legal Counsel of the African Union Commission informed the
Registry that the Republic of Gabon had not yet made the Declaration required under Article 34(6), and
forwarded to the Registry the updated list of Member States of the African Union which have ratified the
Protocol and made the Declaration.
5. By letter dated 28 October 2011, the Registry inquired from the African Commission on Human and
Peoples' Rights (hereinafter called the "Commission") if the Applicant has observer status with the said
Commission.
6. By letter dated 1 December 2011, the Registry wrote to CONASYSED to provide the Court with its
statutory documents and specify its legal status.
7. By email of 8 December 2011, the African Commission on Human and Peoples' Rights informed the
Registry of the Court that CONASYSED does not have observer status with the Commission.
8. The Court notes in the first instance that in terms of Article 5(3) of the Protocol "The Court may entitle
relevant Non-Governmental Organizations (NGOs) with observer status before the Commission, and
individuals to institute cases directly before it, in accordance with Article 34(6) of this Protocol".

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