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TITLE: MALI HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
MALI
Mali has a constitutional Government headed by President Alpha
Konare. After the overthrow of the Moussa Traore regime in
March 1991, the country went through a 14-month transition
period during which Mali held its first democratic national
elections. In a series of six direct elections between January
and April 1992, Malians ratified a new Constitution, elected
municipal councilors, National Assembly deputies, and, finally,
a President. Twenty-one political parties nationwide
participated in elections, judged by international observers to
be free and fair.
There was a gradual normalization of the security situation
following the signing of the National Pact in April 1992, a
major truce agreement, which ended the insurgency in the north
involving varied Tuareg and Maur groups, ranging from
politically motivated persons seeking an autonomous Tuareg
state to those engaged in simple banditry. The improved
security situation relieved some domestic pressure but allowed
other problems to come to the fore. Violent student
demonstrations over government efforts to restrict scholarships
in April forced the resignation of the first government of the
Third Republic. The President, in a bid to develop a
consensual approach to the nation's problems, incorporated
several former opposition political parties into the second
Government, headed by Prime Minister Abdoulaye Sekou Sow.
Mali's military and security forces number some 7,000 and are
divided between the Army, Air Force, Gendarmerie, the
Republican Guard, and the police. The Army and Air Force are
under the control of a civilian Minister of Defense. The
Gendarmerie and Republican Guard are also part of the defense
structure but are assigned, for operational purposes, along
with the police, to the Ministry of Territorial
Administration. This was done in an attempt to provide a more
concerted and better organized force in the face of rising
civil disturbances. With the end of the Tuareg rebellion,
there were few reports of abuses by the military and security
forces, who remain supportive of the young democracy.
Mali continues to be beset by a myriad of economic problems
including a sagging economy, a national debt roughly equal to
its gross domestic product, dependence on international donors,
inadequate government revenues, demands from a number of vocal
special interest groups, and a literacy rate of only 23
percent. Its annual per capita gross national product is
approximately $300. Mali's economy is based primarily on
subsistence farming and animal husbandry, making it highly
dependent on adequate rainfall for its economic well-being.
The Government, at the senior levels, continues to be committed
to implementing reforms aimed at modernizing the economy
through fiscal and regulatory reforms.
The Government respected constitutional provisions on freedom
of speech, press, assembly, association, and religion, and,
with the signing of the National Pact and the end of the Tuareg
rebellion, there were no new extrajudicial killings committed
by the security forces. Nevertheless, there were human rights
abuses, notably in the Government's inability to process the
large backlog of judicial cases in accordance with the law.
This has resulted in persons languishing in prison for several
years awaiting trial. Social and cultural factors continued to
sharply limit economic and educational opportunities for most
women.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of targeted political killings and no
credible reports of extrajudicial killings on the part of
security forces. The signing of the National Pact in 1992 with
the Tuareg rebels, the formation of mixed patrols, and the
integration of 600 former Tuareg rebels into the armed forces
in the north brought an end to most organized insurgency in
region. However, the Commission of Inquiry that was to have
been established to investigate all deaths on both sides of the
conflict had not been created by year's end.
b. Disappearance
There have been no incidents of abduction or disappearances
attributable to government or opposition forces.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution states that no one will be subjected to
torture and cruel, inhuman, degrading, or humiliating
treatment. There were no known reports, including in the
media, of police or military beating of detainees.
Prison conditions are still characterized by overcrowding,
inadequate medical facilities, and limited food supplies. The
Government is seeking foreign assistance to help improve the
situation, and several associations are working with women and
juvenile prisoners to improve their conditions. Juvenile
offenders are generally held in the same prison as adult
offenders. Women are housed in the same prison as men but live
in a separate compound. During past prison riots, male inmates
have attacked and raped female inmates.
d. Arbitrary Arrest, Detention, or Exile
The Constitution has expanded the rights of arrested persons.
Arrested persons must be charged or released within 48 hours,
and they are entitled to counsel. In practice, detainees are
not always charged within the 48-hour period, and
administrative backlogs as well as insufficient numbers of
lawyers, judges, and courts often cause lengthy delays in
bringing people to trial. In extreme cases, individuals can
languish several years in prison before coming to trial.
The law does not provide for release on bail, but detainees are
sometimes released on their own recognizance. In October the
court released on their own recognizance six former government
and party officials from the Moussa Traore regime, awaiting
trial for economic crimes against the State (see Section 1.e.).
In July 1991, the Government arrested Commandant Lamine Diabira
and several other military personnel for plotting to overthrow
the then transitional government. At year's end, Diabira had
still not been charged with a crime and remained in custody.
Meanwhile, the Government has released his accused
coconspirators. In response to diplomatic inquiries, the
Ministries of Justice and Human Rights insisted that the
Government was not technically in violation of the law,
although the authorities failed to clarify the legal ground for
the continued imprisonment of Diabira without trial.
e. Denial of Fair Public Trial
The Constitution provides for the independence of the
judiciary. However, the executive branch has considerable
influence on the judicial system: The Ministry of Justice
appoints judges and supervises both law enforcement and
judicial functions, and the Superior Judicial Council, which
supervises judicial activity, is headed by the President. The
Supreme Court has both judicial and administrative powers. The
Constitution established a separate Constitutional Court and a
High Court of Justice with the power to try senior government
officials in cases of treason. Except in the case of minors,
trials are public, and defendants have the right to be present
and to have an attorney of their choice. Defendants are
presumed innocent and have the right to appeal decisions to the
Supreme Court. Court-appointed attorneys are provided for the
indigent.
Following the overthrow of Moussa Traore in 1991, the new
government arrested him, his family, and about two dozen
members of his government and political party and charged them
with various crimes. A court found the former president and
three former government officials to be responsible for the
deaths of over 100 people during the demonstrations that led to
Traore's overthrow and sentenced the four to death in 1993.
Although the Supreme Court denied their subsequent appeal, the
President could still commute their sentences. These 4 men and
17 others, including the former president's wife, son, and
brother-in-law, face additional charges for economic crimes
against the State.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Inviolability of the home is provided for in the Constitution
and is respected in practice. Police searches are infrequent,
and warrants, issued by judges, are required. The security
forces maintain physical surveillance of individuals and groups
suspected or known to be a threat to internal security, and,
with court approval, may maintain technical surveillance as
well.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press. The
Government controls the only television station, one radio
station, and the only daily newspaper, but these all operate on
a semi-independent basis and are open to a wide range of views,
including those critical of the President, the Government, and
other politicians. Apart from the government radio chain,
there are seven independent stations in Bamako and another six
independent regional stations. In spite of only a 23-percent
literacy rate, there are nearly 50 independent newspapers and
journals. Political meetings take place openly and without
interference.
The National Assembly passed new laws regulating the press.
These laws provide substantial penalties, including
imprisonment, for slander and for public injury to the Head of
State and other officials, including foreign diplomats. Such
injury is not defined in the law and therefore is subject to
judicial interpretation. In a case currently under way, the
President of the Supreme Court is suing the publisher of two
weekly newspapers for slanderous comments.
Following complaints from journalists' organizations, the
Government asked the National Assembly to review all press
laws, particularly those on the composition of the proposed
National Press Council that will be responsible for enforcing
press regulations. No results were available at year's end.
Academic freedom is respected.
b. Freedom of Peaceful Assembly and Association
The Constitution protects the right of assembly and
association. Permits must be obtained for mass demonstrations,
and these are routinely granted. However, in Bamako in April,
students did not obtain a permit, and their demonstrations
protesting reductions in scholarships turned violent, leading
to destruction of property.
There are dozens of political parties and hundreds of
professional and special interest associations. The
Constitution forbids the formation of political parties based
on religion, region, or ethnicity, and political parties must
have their charters approved by the Ministry of Territorial
Administration. Following the former President's overthrow,
the transitional government banned the party of Moussa Traore,
the Democratic Union of the Malian People (UDPM). The UDPM
applied in 1993 for recognition, but the Government denied the
application on a technicality. This action engendered much
public debate and criticism, and the UDPM planned to appeal the
Government's decision.
c. Freedom of Religion
Mali is a secular state. The Government does not discriminate
on religious grounds. Although 90-95 percent of the population
are Muslim, members of other religions freely practice their
faiths and are permitted to establish houses of worship and
schools. Christian missionaries of various denominations,
including foreign missionaries, operate freely. Proselytizing
and conversion are permitted. The Government prohibits
publications in which one religious group defames another; the
Minister of Territorial Administration determines whether a
publication is defamatory.
In October the Ministry of Territorial Administration canceled
the visa of a Protestant German evangelist who had been
planning to hold a number of revival meetings in Bamako later
that month. The official reason for the cancellation was fear
of civil unrest as the evangelist's visit to Nigeria in 1991
had led to large-scale riots. However, it was widely assumed
that the Government canceled the visa as a result of pressure
from local Islamic organizations and associations. The press
was critical of the Government's decision, calling it a
violation of the Constitution.
Administrative orders promulgated in 1977 prohibiting members
of the Baha'i faith from meeting in groups of more than three
people are not enforced, and Baha'i practice their faith
without interference.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement is generally unrestricted although police
checks occur in which Malians and foreigners are stopped,
particularly at night. These checks are ostensibly used to
restrict the movement of contraband goods and to verify vehicle
registrations, but some police and gendarmes use the occasion
to extort bribes. An exit visa is no longer needed.
In recent years, Mali has both accepted and generated displaced
persons. Approximately 13,000 Mauritanian Peuhl refugees, who
fled strife in their country in 1990, settled in Mali. For the
most part, they have been absorbed into the local economy.
The fighting in the north between government troops and Tuareg
rebels generated an estimated 100,000 Tuareg and Maur refugees,
most of whom fled to Mauritania, Algeria, and Burkina Faso.
With the improved security situation in the three northern
regions, the flow of Malian refugees declined, and the
Government, together with its neighbors and the United Nations
High Commissioner for Refugees (UNHCR), planned to repatriate
Malians refugees in those countries. However, at year's end,
only a few families had returned.
Initial reports of an incident on December 12 indicate that an
army patrol killed three Tuareg refugees returning from
Mauritania. The patrol contends that the three were bandits
killed in a fire fight as the patrol attempted to apprehend
them following an earlier attack on a transport convoy. The
Office of the Chief of Staff of the Armed Forces and senior
representatives of the rebel movement formed a joint commission
to investigate the incident but had not released a report by
the end of the year.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
In 1992 Malians for the first time exercised their right to
change their government through peaceful means, electing a new
President and a new multiparty National Assembly.
The Third Republic is a multiparty democracy, based on the
Constitution drawn up at the August 1991 National Conference
and ratified in the January 1992 referendum. Under the
Constitution, the President is Chief of State and Commander in
Chief of the Armed Forces and is elected for a term of 5 years
with a limit of two terms. The President appoints a Prime
Minister, who is Head of Government. The National Assembly
consists of 116 members, and representation is apportioned
according to the population of administrative districts.
Election is both direct and by party list. The Constitution
provides for a separation of executive, legislative, and
judicial powers and for control of the military by the
President.
Twenty-one political parties nationwide participated in the
municipal, legislative, and presidential elections held between
February and April 1992. The parties campaigned freely and had
broad access to the state-owned media. Citizen participation
in the elections was low but was fairly evenly distributed
across most regions, ethnic groups, and between men and women.
Balloting was secret.
Although there were complaints about some irregularities, all
parties accepted the outcome. President Alpha Oumar Konare won
60 percent of the vote in the second round of presidential
balloting. Konare's party, the Association for Democracy in
Mali, also won the majority of seats in the National Assembly
in which 10 other parties are represented. The National
Assembly is still a young institution. Most legislation
originates in the Government and its ministries and is approved
by the Assembly, but debate on key issues is vigorous.
Women are poorly represented in the political process. There
are 2 female deputies in the 116-member National Assembly and 1
female minister in the Cabinet. A second woman, the Secretary
for the Promotion of Women, holds ministerial rank.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are two independent human rights organizations: The
Malian Association for Human Rights (AMDH), and the smaller
Malian League of Human Rights. Neither organization has been
active in highlighting human rights abuses since the
installation of democracy in Mali.
In April the Government established a Ministry of Human Rights
separate from the Ministry of Justice, but by year's end the
Human Rights Ministry had been folded into the Ministry of
Justice.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The Constitution affirms that there shall be no discrimination
based on sex, but social and cultural factors give men a
dominant role. While there are a number of women in the
professions and government, economic and educational
opportunities for women remain limited. Women often live under
harsh conditions, especially in the rural areas, where they
perform much of the hard farm labor and most of the
child-rearing.
A 1991 United Nations report indicated that females receive
only 29 percent of the schooling of males (in terms of average
number of years of schooling). Only 20 percent of children
have access to basic education. The Government, with help from
international donors and private voluntary organizations, is
working to persuade the public of the need for increased female
education, but limited financial resources, social and cultural
factors, and the harsh demands of daily life keep females from
participating to the same extent as their male counterparts.
Despite legislation passed giving women equal rights regarding
property, traditional practice and ignorance of the law prevent
women from taking advantage of this reform. There are some
active women's groups that promote the rights of women and
children.
Violence against women, including wife beating, is accepted and
pervasive. The society generally does not tolerate spousal
abuse that results in physical injury and deals with the
problem informally at the village or family level. Legal
action for redress of injury in such cases is not normally
available, although severe physical injury is grounds for
divorce.
Children
There is no constitutional or legal provision to protect the
interests and rights of children, but the Constitution provides
for basic human rights for all persons. The Malian Social
Services Department investigates and intervenes in cases of
reported child abuse or neglect. The Government's resources
are insufficient to meet the basic health care and education
needs of Malian children.
Female genital mutilation (circumcision) is widely condemned by
international health experts as damaging to both physical and
psychological health. It is still common in Mali, especially
in rural areas, and is performed at an early age on females.
The Government has not proposed legislation prohibiting female
circumcision, but it supports educational efforts to eliminate
the practice through seminars and conferences. It also
provides media access to women's groups and others who are
attempting to end female genital mutilation. According to an
international expert, 75 percent of the females in Mali have
undergone this mutilation.
National/Racial/Ethnic Minorities
Virtually all ethnic and language groups are represented at all
levels of government and society and suffer little
discrimination. The nomadic populations, however, are not
completely integrated into the economic and political
mainstream, and they resent being politically dominated by
other more numerous ethnic groups. Economic life in the three
northern regions was significantly disrupted during the recent
rebellion, but the National Pact, signed in April 1992, makes
provisions for the social and economic reintegration of the
displaced populations and for a much greater degree of
political autonomy. Resource limitations have hindered
implementation of the Pact's provisions.
People with Disabilities
There is no specific legislation protecting the rights of the
physically disabled or mentally handicapped, including on
accessibility. The physically disabled are not discriminated
against in access to employment, education, and other state
services. Given the high unemployment rates, however, the
physically disabled are often unable to find work.
Section 6 Worker Rights
a. The Right of Association
The Constitution and the Labor Code specifically provide for
the freedom of workers to form or join unions and protect
freedom of association. Only the military, the gendarmerie,
and the Republican Guard are excluded from forming unions.
Virtually all salaried employees in Mali are organized.
Under the old constitution, labor unions had to belong to one
confederation, the National Union of Malian Workers (UNTM).
While most unions are still part of the UNTM and while no new
confederations have yet formed, some unions have withdrawn from
the UNTM, and new unions tend to remain outside the UNTM.
Workers have established independent unions for teachers,
magistrates, and health workers. The UNTM, for its part, was a
leading force in the overthrow of the previous regime and has
maintained its autonomy from the current Government.
The Constitution provides for the right to strike, and although
there are some limiting conditions, these are not especially
restrictive. There were several strikes, notably among civil
servants in the education and health sectors, over salary
issues and working conditions. They were legal and did not
involve violence. The strike actions were generally resolved
by negotiations between the labor unions, management, and the
Government. Workers must give 2 weeks' notice of a planned
strike and must enter into negotiations with the employer and a
third party, usually the Ministry of Labor. Workers receive no
pay for the time they are on strike. The Labor Code does
prevent retribution against strikers. Most strikes have
involved government employees, and there has been no attempt on
the part of the Government to retaliate.
Unions in Mali are free to associate with and participate in
international bodies.
b. The Right to Organize and Bargain Collectively
True collective bargaining does not take place. Wages and
salaries for those workers belonging to the UNTM unions are set
by tripartite negotiations between the Ministry of Labor, labor
unions, and representatives of the federation of employers of
the sector for which the wages are being set. These
negotiations usually set the pattern for unions outside the
UNTM. The Ministry of Labor acts as a mediator in labor
disputes.
Neither the Constitution nor the Labor Code addresses the
question of antiunion discrimination, but there have been no
reports or complaints of antiunion behavior or activities. If
the parties cannot come to agreement, the dispute goes to the
Labor Court for decision.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor.
However, the Bela are traditional slaves of Maurs and Tuaregs
in Northern Mali, and some de facto slavery probably still
exists, especially in the extremely remote salt mining
communities north of Timbuktu.
d. Minimum Age for Employment of Children
The minimum legal age for employment is 14, but with parents'
permission children may be apprenticed at age 12. This
regulation is often ignored in practice and has no effect on
the vast number of children who work in rural areas, helping
with family farms and herds, and in the informal sector, e.g.,
in street vending. They are not protected by laws against
unjust compensation, excessive hours, and capricious
discharge. The Labor Inspection Service of the Ministry of
Labor is responsible for, and reasonably effective in,
enforcement of child labor laws in the modern sector only.
e. Acceptable Conditions of Work
The Labor Code specifies conditions of employment, including
hours, wages, and social security. The national minimum wage
rate is $70 per month (20,000 CFA francs) effective as of
1991. Workers paid on a daily basis receive a rate of $2.65
(750 CFA francs). Workers must be paid overtime for additional
hours. The minimum wage is supplemented by a required package
of benefits, including social security and health care
benefits. While this total package could provide a minimum
standard of living for one person, in practice most wage
earners support large extended families and must supplement
their income by some subsistence farming or work in the
informal sector.
The normal legal workweek is 40 hours, with a requirement for
at least one 24-hour rest period.
The Social Security Code provides a broad range of legal
protection against hazards in the workplace, and workers'
groups have brought pressure on employers to respect parts of
the regulations, particularly those affecting personal
hygiene. With unemployment high, however, workers are often
reluctant to report violations of occupational safety. The
Labor Inspection Service of the Ministry of Labor oversees
these standards, but enforcement is limited to the modern,
formal sector due to the lack of inspectors. Workers have the
right to remove themselves from dangerous work situations and
request an investigation by the Social Security Department,
which is responsible for recommending remedial action, where
deemed necessary.
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