ACHPR/37/OS/11/431/draft
PROMOTIONAL MISSION TO THE
REPUBLIC OF MALI
REPORT
9-18 APRIL 2004
INTRODUCTION
In accordance with the provisions of article 30 of the African Charter on
Human and Peoples’ Rights, the African Commission on Human and Peoples’
Rights was established for the promotion and protection of human and
peoples’ Rights in Africa.
Pursuant to the provisions of articles 30 and 45 of the said Charter, the
African Commission is entrusted with the task of:
Promoting human and peoples’ rights on the continent;
Ensuring the protection of human and peoples’ rights in conformity
with the mission assigned to it by the Charter;
Interpreting provisions of the Charter at the request of a State Party,
an agency of the AU or an African organisation recognized by the AU.
It was within the framework of this mandate, among others that the Members
of the African Commission embarked on promotional missions to the State
Parties assigned to them. The 53 State Parties were divided between the
Commissioners.
It was in this capacity that Mr. Mohamed Abdellahi Ould Babana,
Member of the African Commission, assigned with human rights promotional
activities in Mali, assisted by Ahmed Tidiane Sakho, officer in charge of
Policy, planning and projects at the Commission Secretariat, undertook a
promotional mission to Bamako from 9 to 18 April 2004.
The Republic of Mali is a State Party to the African Charter which it ratified on
21 December 1981. In accordance with article 62 of the said Charter, Mali
submitted in 1999 combined periodic reports up to 1988 and has to date two
(2) outstanding reports.
1. GENERAL INFORMATION ON MALI
Geographical overview:
With a surface area of 1, 241,238 km2, Mali is one of the largest countries in
West Africa. It is located in the transitional zone between the forest region in
the South and the desert on the North and totally landlocked in the hinterland
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of the dark continent. It has borders with Algeria on the North, Niger on the
East, Burkina Faso on the South-East, Côte d'Ivoire on the South, Guinea on
the South-West, Senegal on the West and Mauritania on the North-West.
Due to its central location, the country is landlocked and dependent on its
neighbors for its external trade.
The country is divided into 8 administrative regions and a district, 49 divisions
comprising 703 municipal councils.
1.2.
Demographic and socio-economic overview:
According to the last census figures, Mali has a population of 11,800,000
inhabitant which is a real melting pot of ethnic groups. The distribution of the
population shows an average density of 7.5 inhabitants per km2. The density
varies from one region to another: it ranges from 4,032.9 inhabitants per km2
in Bamako, the largest city in the country to 18.2 inhabitants per km2 in
Sikasso and 0.40 inhabitants per km2 in Kidal in the North of the country.
This unequal distribution of the population is determined by natural conditions
(climate, vegetation and relief). The population growth is estimated at 3%.
There are about twenty ethnic groups in Mali of which 90% are Muslims and
10% comprise Christians, animists and others.
The economy of Mali is essentially based on agriculture which alone employs
83.4% of the working population. Next to agriculture, are livestock, fisheries,
cottage industry and trade. The Gross Domestic Product is less than 300
dollars US. The primary sector accounts for 44.6% of GDP whilst the
manufacturing sector only accounts for 16.7% and the services sector for
38.7%. The large majority of the population live in the rural areas and work
in the primary sector.
During the last 5 years, the economic growth rate of 3.3% has surpassed that
of population growth. Inspite of these encouraging results, the large majority
of Malians live below the poverty line.
Inspite of marked improvements in the economic and financial situation, an
ever increasingly difficult social situation has forced the Malian Government to
initiate a national poverty alleviation program which should subsequently
graduate into a Strategic Poverty Alleviation Framework (SFPA). This
document has become the only frame of reference for the country’s
development which places all interventions within the framework of medium
and long term strategies. These strategies offer target populations the
possibility of being architects of their own economic and social upliftment.
This program covers 8 strategic areas with well defined priority objectives and
actions:
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o To improve the economic, political, legal, social and cultural framework
for the benefit of the poor;
o To promote income generating activities in particular selfemployment
for the poor;
o To improve access to financial services and other factors of production
for the benefit of the poor;
o To promote the development and improve performances in food
processing sector which employs the majority of the poor;
o To improve access to education and training for the poor;
o To promote access to basic health services, nutrition, water and
purification;
o To improve the conditions of shelter for the poor;
o To ensure effective coordination of the poverty alleviation strategy
1.3.
Historical, political and institutionnal context
From a historically perspective, the Republic of Mali attained nationhood on
22nd September 1960 following the break up of the short-lived Federation of
Mali, a legal entity that comprised 2 former french colonies: Senegal and
French Sudan.
Already the Constitution of 22nd September 1960 decreed in its preambule:
"the Republic of Mali solemnly reaffirms its attachment to human and civil
rights and freedoms enshrined in the Universal Declaration of Human Rights
of 10 December 1948…"
Article 3 of the said constitution laid down the principle of multiparty system
in the following terms: "political parties and groupings compete for votes.
They are formed and exercise their activities in accordance with democratic
principles, interest, laws and state regulations"
But as the years go by, the declaration of these main universal principles
quickly ended by crumpling under the pressure of economic and social reality
borne out of the socialist option adopted by the first regime. From that
moment onwards, Mali will witness a succession of regimes with a transition
period after the 26 March 1991 coup d'état.
From 1960 to 1968, the then leaders instituted a de facto one party state
under the Sudanese Union -Branch of African Democratic Rally (US-RDA). Due
to the reasons cited above, this regime could not go beyond 19 November
1968 since it was overthrown by a military takeover on that date.
From 1968 to 1991, the military regime that assumed office following the
coup d'état suspended the Constitution and all forms of political activity and
subsequently instiuted in 1979 the Democratic Union of Malian People as the
only party legally allowed to operate. Over the years, social and political
unrest in turn led to the overthrow of the regime on 26 March 1991.
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From 1991 to 1992, the Transitional People’s Salvation Council ruled over
Mali. The transition rule ended on 8 June 1992 following the investiture of a
democratically elected President of the Republic.
From that date to now, the country enjoys a fullyfledged multyparty system
and today has at least 85 political parties.
2. Objectives of the promotional mission:
2.1. General objectives:
2.2.
To promote the African Charter on Human and Peoples’ Rights;
To sensitize Malian authorities and members of the civil society on the
activities of the African Commission on Human and Peoples’ Rights;
To apprise itself of the human rights situation in Mali.
Specific objectives:
To remind malian authorities and public about the legal value of the
African Charter in Africa in general and in Mali in particular;
To explain the mandate of the African Commission on Human and
Peoples’ Rights as stipulated in the African Charter on Human and
Peoples’ Rights;
To introduce the African Commission in terms of its composition as
well as its mode of election of Commissioners;
To explain the procedure for seizure by the African Commission;
To review the situation on the submission of periodic reports by Mali
in accordance with the relevant provisions of the African Charter;
To draw the attention of the Malian authorities on the need for the
establishment of a national human rights institution in accordance
with the provisions of the African Charter and the Paris’ Principles;
To inquire about the level of enjoyment of civil and political rights:
institutionnal framework, functionning of republican institutions and
independence of the Malian judiciary;
To inquire about the situation of economic, social and cultural rights:
poverty alleviation program, fight against corruption and impunity,
food security, access to healthcare, access to drinking water,
percentage of children in school, rate of vaccinal cover;
To sensitize Malian authorities to expeditiously proceed with the
ratification of the additional Protocol to the African Charter on
women’s rights in Africa;
To discuss ways and means of strengthening cooperation between
Malian authorities, members of the country’s civil society and the
African Commission;
To discuss the necessary arrangements for hosting the 36th session of
the African Commission.
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3. Organization of the promotional mission:
The mission took place from 9 to 18 April 2004. It met with Government
Officials, top civil servants, representatives of NGOs and members of the civil
society through the intervention of Mr. Abraham Bengaly, Desk Officer at the
Ministry of Justice.
The list of personnalities met is provided in annex to this report.
During the different meetings, the mission introduced the African
Commission, its composition, its mode of operations, its achievements as well
as the new institutionnal framework resulting from the advent of the African
Union and the entry into force of the African Court on Human and Peoples’
Rights.
It discussed furthermore specific issues relating to:
The establishment of a National Human Rights Institution in Mali;
The establishment of an executive body responsible for centralizing,
coordinating and monitoring human rights issues for which it would
serve as a focal point;
The preparation and submission of 2 overdue periodic reports by Mali;
The expeditious ratification of the protocol on women’s rights;
The declaration of competence for seizure by the African Court on
Human and Peoples’ Rights that recently entered into force;
More active participation of the Malian delegation in the sessions of the
African Commission;
The organisation of the 36th session of the African Commission that
Mali has offered to host.
4. Meetings:
4.1. Office of the Prime Minister:
The mission was received in the office of the Prime Minister by the Permanent
Secretary at the Prime Minister’s Office assisted by his Legal Adviser.
Following the welcome remarks, the Permanent Secretary recalled the major
role that Late Alioune Blondin Bèye played in the African Commission on
Human and Peoples’ Rights and which explained to a large extent the malian
authorities’ commitment to the ideals of the African Commission.
He disclosed that the Prime Minister had already given instructions for the
establishment of the human rights consultative commission.
He assured that all arrangements shall be made by the Government through
the Ministry of Justice for the preparation and submission as soon as possible
of the 2 periodic reports by Mali.
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Regarding the participation of the Malian delegation in the sessions of the
African Commission, the Permanent Secretary said that Mali would do
everything in its power to actively take part in these meetings each time it is
informed about it.
With regards to the additional protocol to the African Charter on women’s
rights, the Permanent Secretary reassured the mission that its ratification did
not raise any problems for the simple reason that Mali had fully taken part in
its elaboration.
Regarding seizure by the African Court, the Permanent Secretary began by
acknowledging that it was a matter that concerned all African Governments.
He went furthermore to state that given Mali’s attachment to human rights
issues, it will expeditiously take all necessary steps to make the declaration of
competence.
In conclusion, the Permanent Secretary reiterated on behalf of the Prime
Minister, the Government of Mali’s commitment to strengthen its relations
with the African Commission on Human and Peoples’ Rights which, according
to him, was an irreplacable instrument for the promotion and protection of
human rights in Africa.
4.2. Ministry of Justice:
At the Ministry of Justice, the delegation from the African Commission on
Human and Peoples’ Rights began by discussing the mission’s terms of
reference with the Secretary General, the Head of the Office and the Desk
Officer at the department before meeting with the Minister of Justice.
Speaking about the establishment of a structure responsible for human rights
matters, the Minister of Justice revealed that the issue was raised and
discussed in the council of Ministers. He said that the principle was accepted
and that the establishment of the said structure was only a matter of time.
Regarding the national human rights institution, the minister indicated that a
structure was put in place but unfortunately it has never been
operationalized. There were plans to revisit the provisions of this structure by
the council of Ministers with a view to setting up an appropriate institution in
accordance with the provisions of the African Charter and the Paris’ Principles.
Speaking about the state of the judiciary in Mali, the Minister of Justice said in
a nutshell that the number of Magistrates was clearly insufficient compared to
the needs identified on the ground. He revealed that this was due to the
difficult task of balancing quantity with quality during the recruitment of new
Magistrates.
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The Government of Mali has decided to recruit 50 to 55 Magistrates per year
in order to fill this gap. However, it was sometimes confronted with
constraints reagrding the academic credentials of applicants. Thus out of 55
posts of Magistrates to be filled in 2003, the Government only managed to
recruit 28.
The Minister of Justice indicated that a lot of effort has been made, but the
need for an indepth reform remained a reality. He regreted the fact that the
judiciary in Mali was the object of a lot criticism. The laws were well
conceived but their enforcement remained to be desired. There were many
areas of concern which naturally led to the dissatisfaction of those who seek
redress in the courts.
There were plans to initiate the necessary reforms with a view to improving
the overall situation in the Malian judiciary.
4.3. Ministry of Local Government:
The Permanent Secretary at the department introduced the mission to the
Minister of Local Government.
After the usual welcome remarks, the Minister of Local Government reassured
them that Mali was ready to honor all the commitments that it made as a
sovereign nation in the area of human rights.
He supported the mission’s idea for the establishment of an executive body
responsible for human rights issues.
Regarding the ratification of the additional protocol to the African Charter on
women’s rights, the Minister of Local Government said that the department of
Foreign Affairs should make arrangements to submit the matter to the council
of Ministers with a view to expediting the ratification process.
After having reiterated Mali’s commitment to human rights issues, the Minister
of Local Government asked why people only talked about human rights whilst
leaving aside the issue of obligations and duties. According to him this could
only lead to more cacphony and chaos. Citizens needed to know their rights
as well as their duties.
To these questions, the mission responded that the African Charter
scrupulously take in account the duties of human beings. To back it up, the
mission cited the provisions of articles 27 and 28 of chapiter II of the said
charter.
These provisions particularly underscore the importance of the African
Commission’s promotional missions, which clearly helps to make known the
African Charter in order to ensure the proper implementation of its provisions.
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4.4. The Ombudsman:
The mission, accompanied by the Desk Officer at the Ministry of Justice and
the Coordinator of the Human Rights Promotion and Protection Support
Project in Mali discussed with the Mediator of the Republic on one hand issues
relating to the African Charter and the role of the African Commission and on
the other the areas of competence of the Mediator of the Republic.
The delegation from the ACHPR explained provisions of the African Charter,
the election of Commissioners, its promotional activities, seizure by the
Commission, submission of periodic reports, relations between the African
Commission and State Parties, National Human Rights Institutions as well as
NGOs.
Following these explainations, the Mediator of the Republic thanked the
delegation from the African Commission and welcomed it and wished it a
pleasant stay in Mali.
She proceeded to explain that she was heading a structure that was young
and little-known, which nonetheless provided citizens with supplementary
guarantees for the enjoyment of their rights.
Established in 1997, the structure is not backed by the malian constitution
which in itself did not necessarily constitute a shortcoming even though such
a backing would have provided it with a greater guarantee. The example of
some countries which were forced to reduce the number of institutions
established under the constitution was edifying in that respect. The important
thing to note was the actual powers conferred on the institution.
The Mediator of the Republic received claims against the State, local
governments, public enterprises and any other body in the public domain. In
other words, any natural or artificial person engaged in a transaction with an
agent of the public service that did not perform its duty in accordance with
the public service code could seek in writing redress from the Mediator of the
Republic.
The first report of Mediator of the Republic was recently submitted. We only
registered 400 claims, which was not much compared to the situation on the
ground. This was due to the fact we have not yet decentralized our activities
to ensure that we become closer to the population.
It was encouraging to note that this report has attracted a lot of interest from
members of the Executive as well as the Legislature, prominent among whom
was the President of the Republic and the Speaker of the National Assembly
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who expressed their satisfaction with our work. We are waiting to see the
outcome of our recommendations.
4.5. The President of the Supreme Court:
The President of the Supreme Court began by expressing his regret for not
being able to come up with all the elements that would have enabled him to
adequately discuss with the delegation from the African commission due to
the short notice.
He spoke about the debate on human rights issues that took center stage
during the legal year celebrations on the theme :"the role of justice in the
protection of human rights".
Regarding the international instruments such as the African Charter on
Human and Peoples’ Rights, the President of the Supreme Court believed that
issues of interpretation of laws should not be referred to the Ministry of
Foreign Affairs but rather to the African Commission. This would avoid having
an interpretation tinged with the Government’s outlook.
It was very important that Malian Magistrates apprise themselves of laws on
the promotion and protection of human rights in order to guarantee their
effective enjoyment by the population. To that end, he affirmed that the
independence of the judiciary should be guaranteed. The real debate in Mali
was then situated at this level since it was understood that the State will
neither happily abandon some of its practices nor facilitate the effective
independence of the judiciary. There were people who still believed that the
judge should not be independent since that will only make him/her focus only
on his interests. We needed to have a good interpretation of the
independence of the judiciary.
According to the President of the Supreme Court, the judge represented the
last resort for citizens. A judge should consequently have the requisite
qualifications and operate with full autonomy of action to enable it guarantee
respect and observance of human rights. To that end, there was need for
increased sensitization and not to say training in human rights. This explained
why the President of the Republic instructed the Minister of Justice to include
human rights courses in the training programme for Magistrates.
In conclusion, the President of the Supreme Court disclosed that the ten year
development plan for the judiciary provided for the replacement of single
judges by higher level courts as well as the establishment of administrative
courts and new courts with a view to bringing justice closer to the citizenry.
4.6. The Public Prosecutor at the Appeal Court of Bamako:
The discussions between the Public Prosecutor at the Appeal Court of Bamako
and the mission mainly revolved around issues relating to judicial
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proceedings, prosecution,
and detention.
presumption of innocence, the right to defence
According to the State Prosecutor, the right to defence was guaranteed by
the laws and was translated into reality almost daily. Lawyers were present
from the very beginning of proceedings. Police custody was limited to 48
hours and should not in any case exceed 72 hours.
However, lack of Magistrates led to a backlog of cases and slowness of
proceedings, which in itself was the cause of overcrowding in prisons. This
takes the form of numerous extended custody cases.
In Bamako, a very simple case may last 4 to 5 months and in other regions,
it may last 2 to 3 months.
In some instances, defandants placed in custody are more than convicted
prisoners as cases of extended police custody generally help in swelling the
prison popluation.
The trend was to move from police custody to temporary imprisonment
lasting six months for offences and one year for crimes.
Thus, the judicial apparatus only covered a small portion of the country. The
decentralization process will create many new legal entities for which the
judiciary must find ways of getting closer to the citizen if it is to be effective.
There was no doubt that judicial reforms needed to be pursued to ensure that
citizen’s right were adequately protected by legal instruments.
4.7. Ministry of Education:
At the Ministry of Education, the mission met with the Secretary General of
the department assisted by his main advisers.
Following the introductory remarks by the African Commission delegation, the
Secretary General requested for clarifications on relations between the African
Commission and the African Court that recently came into force.
The mission explained that the African Commission was mandated to ensure
the promotion and protection of human and peoples’ rights in Africa. To that
end, it has almost powers of jurisdiction. Whereas like a court, the African
Court gives rulings either through a sentence or a nonsuit. It therefore
strengthens the African Commission’s human rights protection activities,
thereby complementing in a way its work.
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After these clarifications, the Secretary General of the Ministry of Education
admitted that the right to education was a fundmental one before speaking
about the ten year "education for all in 2015" progam.
He underscored the major efforts that were made in the area of training. In
this regard, he revealed that there was a high increase in the number of
schools as the figure passed from 6,977 schools in 2001/2002 to 7,922 in
2002/2003, representing an increase of 13.5%. In the case of classrooms,
there was an increase of 5.9% which had a positive impact on student
enrollment. The percentage of children going to school as such increased
from 64.3% in 2001/2002 to 67.0% in 2002/2003.
In spite of these efforts, the needs were far from being met since in many
parts of Mali, people were demanding for more classes, teachers, books,
educational materials. People were complaining about overcrowding in some
schools where one can find 150 to 160 pupils in one classroom. In order to
remedy this situation, it was necessary to organize what we call multigrade
classes that were divided into groups of pupils for the morning session and
another for the afternoon session.
There was also an adult education program for which Mali was cited as an
example in the area of adult literacy.
4.8. Ministry for the Promotion of Women, Children and Family
Affairs:
In the absence of the Minister who was at the time out of the office, the
mission was received in audience at the Ministry for the Promotion of Women,
Children and Family Affairs by the Secretary General. The Secretary General
was assisted in the meeting by the Technical Adviser at the Ministry.
In his remarks, the Secretary General complained about the cumbersome
administrative procedure surrounding the preparation of the periodic reports.
According to him, this situation was due to demarcation disputes between the
sectorial departments and the Ministry of Foreign Affairs for the preparation
and follow up of the said reports.
Reacting on the establishment of a structure responsible for human rights, he
said that it was a matter of political convenience because he could recalled
that there was a Ministry of Human Rights in 1991/1992. Today, the
attributions of that old department fell under the purview of the Ministry of
Justice. Due to its concern about the need for streamlining strucrures, the
Council of Ministers was yet to adopt a final decision on the issue.
He wondered about the kind of mechanism that could be put in place to look
into human rights matters. According to him, establishing a public service
structure should not be initiated without taking on board the concerns of the
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civil society. A study was underway and its findings were expected before July
2004.
Regarding the Protocol on Women’s rights, the Secretary General admitted
that its ratification was a matter of real concern to the department. But, since
Mali had ratified all international conventions on women and children, it was
not likely that problems would arise in the ratification of the additional
Protocol to the African Charter on women’s rights.
Speaking about the situation of women in Mali, the Secretary General of the
Department indicated that there was not a single law in the country which
discriminated against women. However in practice, women were deprived
from the enjoyment of their rights through various forms of violence that they
suffered from.
These forfeitures took the form of physical, sexual, psychological,
institutionnal and economic violence.
Physical violences varied from assault and battery, force-feeding of young
girls to accelerate their growth with a view to marrying them to female
circumcision which indubitably violated the physical integrity of the woman.
Sexual aggressions took the form of forced sexual relationships for which the
woman’s consent was not sought. They related in particular to rape, sexual
abuse as well as sexual harrassment.
Psychological aggressions ranged from sexist expressions and abuse, lack of
respect and attempts to make her feel inferior to oneself, belittling her,
humiliation to demeaning the woman. These forms of violences may take the
form of threats, imposing one’s point of view, tastes, values, beliefs,
desires…..
Institutionally inspired forms of violence included religious standards, customs
and practices that violated women’s rights namely, wife inheritance (mariage
between a widow and the brother of her deceased husband), sororat
(mariage between a widower and the sister of his deceased wife), forced or
early mariages, repudiation, some forms of widowhood,
religious
confinement……
Forms of economic violence included discrimination regarding access to
factors of production and positions of responsibility, discrimination in wages,
exclusion in the decision-making process within the communuty and at the
national level, exclusion from inheritance…..
Other forms of economic violence included denying women from income
generating activities, denying them access to information or control over
economic activities of interest to them or their social status.
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Since the advent of the 3rd Republic in 1992, some forms of injustices
affecting women have been remedied.
In addition, the Government should take all the necessary steps in order to
translate into reality the provisions of international instruments to which Mali
was a signatory. In the case of the department responsible for the promotion
of women, children and family affairs, there was the International Convention
on the elimination of all forms of discrimination against women, the
International Convention on the rights of the child and the African Charter on
Human and Peoples’ Rights.
4.9. Ministry of Health:
At the Ministry of Health, the delegation from the Commission was received
by the Permanent Secretary of the department.
After having described the African Commission’s work as very useful, the
Permanent Secretary of the Department affirmed that "since health was life
every one consequently had a right to it". The Ministry of Health was doing
its utmost to ensure that the population enjoyed good helath in a healthy
environment. This was the reason why major efforts were being deployed to
decentralize health services up to the level of municipal councils. There were
over 600 health centers fully staffed to cover 702 councils.
The vaccinal cover for pregnant women and children was fully assured. For
children, 10 vaccins were guaranteed on condition that mothers observed
adequate follow up. The mortality rate has significately been reduced.
As regards HIV/AIDS, the Permanent Secretary disclosed that the prevalence
rate of this pandemic was 1.7% in Mali. The department had put in place an
IEC (information, education, communication) program with a view to
encouraging a change of behavior. The case management of AIDS patients
was assured through the provision of anti-retro-viral drugs.
Before ending her remarks the Permanent Secretary bemoaned harmful
practices such as circumcision which had detrimental effects on the health of
women. But thanks to a series of sensitization programs, this practice which
was performed by some midwives in health facilities has significantly been
reduced.
4.10. National Directorate of Prisons and Rehabilitation Centers:
The mission held discussions with the Director of Prisons and Rehabilitation
Centers in his offices.
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The Director first of all intimated that he agreed with the delegation from the
African Commission that one cannot talk about human rights without
considering the prison dimension of the matter.
He proceeded to informed the mission that detention centers were closed
down following the advent of democracy. It was in that respect that the
infamous Kidal prison was closed down.
In Mali then there were only 52 prisons for offenders with sentences under
two years and institutions for young offenders.
There were also 4 agricultural penitentiaries called open prisons because the
prisoners there were not locked up and worked in the fields whilst their
produce was consumed within the centers. Some prisoners found it difficult to
leave the place after their discharge as they were at a lost as to what to make
of their new found freedom. Many of them made arrangements enabling
them to work as security guards in companies or educational institutions.
There were also specialized centers for detention, rehabilitation and
reintegration of women and children. Heads of these facilities preferred not to
call them prisons since they thought in them trades meant to facilitate social
reintegration at the end of detention period.
There were also observation and orientation centers which were situated
midway between prison and society. These were observation centers for
children in difficulties that were not in conflict with the law but that needed
some form of guidance to find their bearings in life.
Speaking about the prison population, the Director of Prisons said that figures
ranged from 3,500 to 4000 prisoners in the whole country. In March 2004,
the records revealed a prison population of 4,327 prisoners in Mali.
A lot of efforts has been made to humanize prison conditions as basic
standards concerning the rights of detainees were not being adhered to in
some prisons which dated back to the colonial period. There was no
separation of men, women and minors.
As from 1991, the State built 15 new prisons that had separate quarters for
women and children. There were plans to build 2 this year. These prisons
respected the necessary conditions of hygiene with individual cells, in built
cupboards, decent toilets.
The daily food ration for each inmate was increased from 85 FCFA per day in
1991 to 350 FCFA by day in 2004. Inmates were entitled to up 3 meals per
day and should not in any case obtain less than 2 per day. According to the
Director of Prisons, humanizing prison conditions begins with the food.
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Within the framework of this humanization drive, some prisons were
renovated and even equipped with television sets to avoid delinking prisoners
from current affairs and educational and entertainment programs.
Regarding the health of prisoners, there were no infirmaries in the prisons.
Doctors and nurses visited inmates in prison to provide them with free drugs.
In order to ensure that inmates were useful, work in prison was regulated to
carefully avoid falling for hard and forced labor. Consideration for the volume
and quality of inmates’ output made us to organize "a prisoners’ week" which
enabled rural people to meet with prisoners. During this meeting, products
made by prisoners were exhibited.
Deprived of their freedom of movement, detenees preserved their freedom to
worship. Religious leaders were consequently identified to lead prayers in
prison on Friday for Muslims and on Sunday for Christians.
4.11. Visit to the Koulikoro prison:
The mission, accompagnied by the Director of Prisons and Rehabilitation
Centers and the desk officer at the Ministry of justice, visited the prison in
Koulikoro on the outskirts of Bamako,.
The mission met the Director of the prison and held discussions with
prisoners.
The prisoners unanimously recognized that they were well treated since the
new director assumed office. It should be noted here that it was as a result of
an unannounced visit by the prison administration staff that the former
director was relievedd of his duties for dereliction of duty relating to prisoners
food.
The prisoners confirmed that they received 3 meals per day and were treated
in prison through the intervention of an NGO that provided consultations and
drugs in collaboration with the Koulikoro health center.
The mission expressed its delight with the fact that some inmates could
exercise a profession in prison whilst others attended literacy classes with a
view facilitating their social reintegration after their discharge from prison.
The quality of bags and other items produced by prisoners in Koulikoro was
quite appreciable.
At the Koulikoro prison, prisoners had access to running water but complained
about lack of electricity. The Prisons Administration staff explained that
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arrangements were made to that end and promised to take the necessary
steps to finalize the said arrangements.
4.12. Meeting with NGOs and other members of the civil society:
The mission met representatives of many NGOs and other members of the
civil society. The list of people met is provided in annex to this report.
The NGOs unanimously recognized that efforts were deployed since 1991 for
the promotion of human rights in Mali. However, they denonced the wrongs
affecting the young malian democracy:
- Lack of synergy between the actions undertaken by different members
of the civil society;
- The noninvolvement of the civil society actors in some decision-making
processes;
- Lack of information;
- Difficulties of access to fair justice;
- Lack of Magistrates leading to a backlog of cases, slowness of
proceedings and overcrowding in prisons;
- Difficulties of accesss to education and health;
- Corruption and impunity;
- Insécurity;
- Degradation of the environment;
- Poverty and social inertia.
The mission applauded the work of NGOs and other civil society actors on the
ground and urged them to build networks with a view to building synergies
which are presently lacking among them.
It also urged them to familiarize themselves with the provisions of the African
Charter with a view to further involving themselves in the work of the African
Commission.
In the same vein, it encouraged them to submit their request for observer
status with the African Commission.
5. An assessment of the mission:
The mission observed during the meetings and consultations in Mali that the
human rights situation was chacterized by two phenomena:
i.
Existence of an institutionnal framework favorable to human
rights and
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ii.
Persistence of numerous obstacles to the effective enjoyment of
civil and political rights as well as economic, social and cultural
ones and the operations of different national institutions working
in the field of human rights.
5.1. Institutionnal Framework:
At the national level, Mali has made important headways in the adoption of
laws meant for the promotion of democracy in general and human rights in
particular. In that respect, the following institutions could be cited here:
The Constitutionnal Court;
The Judiciary;
The Mediator of the Republic;
The national human rights consultative Commission;
Children’s Parliament;
Democractic Forum (forum organized once every year during which the
governed and other stakeholders can publicly prononce their
greivances against the administration in particular in the presence
international observers);
The national Commission for equal access to State media;
The House of the Elders;
The High Council on Communication
The code of conduct of the army and security forces.
At the international level, Mali has ratified the main international human rights
instruments:
International covenant on economic, social and cultural rights;
International covenant on civil and political rights;
International Convention on the Elimination of all forms of racial
discrimination;
International Convention on the Elimination of all forms of
discrimination against women;
Convention against torture and other cruel, inhuman or degrading
treatment or punishment;
International Convention on the rights of the child
The African Charter on human and peoples’ rights.
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5.2. Obstacles to the effective observance and enjoyment of human
rights :
The main obstacles to the effective enjoyment of human rights are:
- Limited understanding of the institutional framework regarding human
rights matters;
- Lack of knowledge about the provisions of the African human rights
promotion and protection mechanism that the African Commission
epitomizes;
- Non observance of the procedures defined by international
conventions;
- Lack of Magistrates and the malfunctioning that is corrupting this
profession entrausted with the task of guaranteeing the enjoyment of
human rights;
- Weakness of local structures working in the area of human rights;
- Lack of coordination in the implementation of human rights activities
and programs;
- Lack of harmonization between domestic laws and international
instruments;
- Socio-cultural inertia linked to remnants of past traditional practices;
- Absence of a national human rights institution;
- Absence of an executive body responsible for the coordination and
monitoring of all human rights matters;
- The predominance of poverty, inspite of all the efforts deployed to
combat it.
6. Recommendations:
After reviewing the findings of different meetings and observations on the
ground, the mission recommends to the Government of Mali as follows:
1) Establish and operationalize an executive structure for the coordination
and follow up of all human rights issues;
2) Establish a national human rights institution in accordance with the
relevant provisions of the African Charter and the Paris’ Principles;
3) Expedite the ratification of additionnal Protocol to the African Charter
on women’s rights;
4) Pursue and intensify the fight against poverty with a view to
guaranteeing the enjoyment of economic, social and cultural rights;
5) Pursue the fight against corruption and impunity with a view to
consolidating the poverty reduction program;
6) Take steps to strengthen education on human rights and democracy;
7) Use all available channels to sensitize the population on human rights
promotion and protection instruments especially on the provisions of
the African Charter;
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8) Proceed with the reform of the justice system;
9) Put in place a sound policy for the recruitment of new talents into the
Magistracy, which should be combined with an on going skills
development program for Magistrates;
10)Implement the Robben Island guidelines on torture, cruel, inhuman or
degrading treatments or punishments;
11) Harmonize its national laws with
international human rights
conventions;
12) Pursue and intensify the process of humanization of prison conditions,
by facilitating access to drinking water and electricity in prisons that do
not have such facilities;
13) Explore ways and means of actively involving NGOs and other civil
society actors in the promotion and protection of human rights;
14) Make a Declaration of competence with a view to facilitating seizure
by the African Court on Human and Peoples’ Rights which will soon be
put in place;
15) Make sure that it regularly sends delegations to the different sessions
of the African Commission;
To the African Commission as follows :
16) Send to the Malian side its different publications as well as all
documents likely to strengthen the visibility of the institution;
17) Send to the Malian side application forms for observer status for
distribution to NGOs that wish to obtain observer status with the
ACHPR.
Conclusion:
The mission applauds the efforts deployed by Mali in the area of human rights
promotion and protection. It exhorts it to make further efforts to translate
into reality provisions contained in the institutionnal mechanisms that govern
the rule of law, democracy and respect for human rights.
The African Commission delegation wishes to express its profound gratitude
to the Malian Government, in particular the Ministry of Justice for all the
facilities placed at its disposal during this visit.
It equally wishes to specially thank Mr. Abraham Bengaly, Desk officer at the
Ministry of Justice, who organized the different meetings and provided the
mission with all the support necessary during its entire stay.
It also wishes to sincerely thank Dr Mamadou Diakité, National Coordinator of
the human rights promotion and protection support Project for his availability
and personnal invovlement in the mission’s work.
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It also wishes to express its gratitude to the support staff of the Ministry of
Justice for their significant contribution to the success of this mission.
The mission is convinced that with the commitment and support of all and
sundry, relations between the African Commission and the Republic of Mali
will be further strengthen in the interest of human rights promotion and
protection in Africa.
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List of Personnalities met:
1. Permanent Secretary, office of the Prime minister
2. Minister of Justice
3. Minister of Local Government
4. Mediator of the Republic
5. President of the Supreme Court
6. Public Prosecutor at the Bamako Court of Appeal
7. Secretary General, Ministry of Justice
8. Secretary General, Ministry of Education
9. Secretary General, Ministry for the Promotion of Women, Children and
Family Affairs
10. Permanent Secretary, Ministry of Health
11. Permanent Secretary, Ministry of Justice
12. Legal Adviser, Office of the Prime Minister
13. Technical Adviser, Ministry for the Promotion of Women, Children and
Family Affairs
14. Director of Legal Affairs, Ministry of Foreign Affairs
15. Director of Prisons
16. National Coordinator, Human Rights Promotion and Protection Support
Project
17. Program Officer, human rights, disadvantaged groups, civil society
18. Director of Koulikoro prison
List of NGOs and Associations met:
1. Malian Human Rights Association
2. CEPROCIDE
3. Lawyers without borders
4. COFEM
5. AMUPI
6. PDHRE/DPEDH- Mali
7. CAFO
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