Bassine Aly N'Diaye, a 86-year-old Mauritanian citizen, has been seeking justice for over 40 years after being unfairly dismissed from ASECNA in 1983. Despite a Supreme Court ruling in 1999 that annulled his dismissal and reinstated him to his position, ASECNA has refused to comply. N'Diaye's lawyer, Maitre Maroufa Diabira, has written to the President of Mauritania, questioning why justice has not been served.
N'Diaye was a trade unionist and had 21 years of service with ASECNA, an international organization of which Mauritania is a founding member. He was dismissed by decree N° 520/MEFC on August 3, 1983, without pension rights. The Supreme Court ruled in his favor on March 21, 1999, and ordered his reinstatement with full rights and benefits. However, ASECNA has ignored this ruling and refused to reinstate him or pay his salaries and benefits.
Between 2000 and 2002, N'Diaye took ASECNA to court, and the Administrative Chamber of the Nouakchott Wilaya Tribunal ruled in his favor, ordering ASECNA to pay him 21,681,920 MRO in back salaries. However, the court's decision was later modified by the judge, reducing the amount to 1,939,200 MRO. The Court of Appeal later confirmed the original ruling, and the Supreme Court rejected ASECNA's appeal in 2006.
Despite the definitive court ruling, ASECNA has continued to refuse to comply, citing an inapplicable Seat Agreement. N'Diaye's lawyer has described this as a grave case of immunity and a violation of Mauritania's judicial sovereignty. The case has been ongoing for over 16 years, with N'Diaye living without income for 200 months.
In 2020, the High Council of Fatwa and Gracious Appeals investigated the case and found the court ruling to be regular and founded. The council invited ASECNA to comply with the ruling, but the organization refused. The council then referred the case to the President of the Republic, urging him to enforce the court ruling.
On February 19, 2020, the President's office wrote to the Minister of Justice, instructing him to ensure the execution of the Supreme Court's decision. However, the outcome of this instruction remains unclear. N'Diaye's case has been marked by repeated attempts to obtain justice, including appeals to previous presidents and ministers of justice.
The case raises questions about the rule of law and the ability of Mauritanian citizens to access justice. It also highlights the challenges faced by individuals seeking to enforce court rulings against international organizations.
Key points
- The Mauritanian President is being urged to enforce a court ruling in favor of Bassine Aly N'Diaye, a former ASECNA employee who was unfairly dismissed in 1983.
- Despite a definitive court ruling, ASECNA has refused to comply, citing an inapplicable Seat Agreement.
- The case has been ongoing for over 16 years, with N'Diaye living without income for 200 months.
