Human Rights Committee completes review of Second Periodic Report of Mali

Human Rights Committee
77th session
26 March 2003
Morning



The Human Rights Committee concluded this morning its consideration of a second periodic report of Mali, questioning a Government delegation, among other things, on women's rights and on traditional practices such as female genital mutilation and Lévirat.
Members of the Malian delegation said the practice of female genital mutilation in hospital facilities had been prohibited and a national programme of action had been set up to fight the practice generally. In the case of the tradition of Lévirat -- in which a man took his deceased brother's wife as his own -- the family of a deceased husband could not force the widow to remarry if she refused, the delegation said. Several members of the Committee contended that there was significant strength of tradition to uphold these practices despite efforts to eradicate them, and they recommended that the Government act more vigorously in combating them.
A member of the Committee reminded the delegation that the International Covenant on Civil and Political Rights was applicable both to a country's legislation and to its customary law. Where tradition stood in violation of the Covenant, Government authorities should address the violations and act to ensure and protect the rights guaranteed by the Covenant by declaring unlawful those customs and by passing legislation to uphold the Covenant's provisions.
At the conclusion of the meeting, Abdelfattah Amor, Chairperson of the Committee, said in preliminary remarks that the real situation of human rights on the ground in Mali had not received much attention, as the discussion had focused largely on theoretical issues of legislation. He said he was concerned that some of the Committee's questions had not been answered, for example, on the subject of female genital mutilation. And while the delegation had said that slavery was prohibited and the Penal Code was applied to incidences of domestic violence, the delegation's presentation of the report had given no real dimension to the scope of these problems on the ground, Mr. Amor said.
Formal conclusions and recommendations on the report of Mali will be issued by the Committee towards the end of its spring session, which concludes on 4 April.
Mali, as one of 150 States parties to the International Covenant on Civil and Political Rights, must present periodic reports to the Committee on efforts to implement the Covenant.
The Committee will next reconvene in public session at 3 p.m. Thursday, 27 March, to hear a briefing by Curtis Ward, Legal Expert of the Security Council's Counter-Terrorism Committee.

Questions of Committee Experts
Members of the Committee requested further information, among other things, on child labour, particularly the situation of young girls from rural areas who were overworked, underpaid, and often sexually exploited when they left their villages to find work in larger cities. What was the Government doing to address the problems faced by these girls? If complaints were brought, would the authorities protect girls from retaliation by their employers?
A member of the Committee requested further information on child trafficking, particularly regarding follow-up to the Cotonou and Libreville meetings on the subject.
A Committee Expert requested specific information on the situation of refugees from Sierra Leone and Liberia.
A Committee Expert said there were reports of severe overcrowding in prisons, inadequate attention to prison conditions, and shortages of food in prisons. What measures was the Government taking to observe the rights of those deprived of their liberty? The delegation was also asked to address reports that the overcrowding was due to the detention for long periods of individuals on remand, who reportedly constituted one-half the prison population. Furthermore, what measures were being taken to separate accused persons from those who had been convicted? The Expert also sought information on the detention of individuals by police without charges being brought.
A Committee Expert noted that the Malian Constitution guaranteed detainees' access to legal counsel and asked for further information on how this access was provided in practical terms
On the issue of political participation, members of the Committee questioned the delegation as to the purpose and role of Mali's "Youth Parliament" and "Youth City".
A Committee Expert requested further information on the appointment of judges and on the role and purpose of the Constitutional Court. Additional information was also requested as to the role of the Superior Council of Communication and its relationship with the press, particularly in regard to freedom of the press.
The Committee asked for further information on the different ethnic groups present in Mali.
And additional information was requested on the participation of non-governmental organizations in the preparation of the present report.

Responses of Malian Delegation
Responding to these and other queries put earlier in the week, the delegation said among other things that the exercise of female genital mutilation in hospital facilities had been prohibited and a national programme of action had been set up to fight the practice generally.
To help protect young migrant girls, a campaign to raise awareness of legislation prohibiting the use of young girls for work incompatible with their physical strength had been implemented, the delegation said. Moreover, women's organizations had undertaken to protect such young women.
The delegation acknowledged that there was no specific legislation applicable to domestic violence, but that action to deal with it was taken under the provisions of the Penal Code. Complaints could be brought before courts, while women's organizations, clinics and non-governmental organizations had been created to help those victimized by domestic violence. These organizations worked with the Ministry for the Advancement of Women, Children and the Family to organize workshops and seminars. As for inheritance rights, although a new family code had been submitted, it had not yet been adopted, so traditional custom still applied.
The delegation noted that the minimum age of marriage for girls had been raised from 15 to 18, on a par with the age of consent for men. As for the issue of whether a child born of a Malian woman and a foreign man could benefit from Malian nationality, such children could become Malian nationals. Moreover, Malian children born abroad could give up their Malian nationality six months after reaching the age of 18. The legal code allowed all residents of Mali to apply for Malian nationality, and a number of refugees from Mauritania had applied for and had been nationalized.
On the traditional practice of a man taking his deceased brother's wife as his own, known as "Lévirat", the delegation stressed that if the woman did not consent to this practice, then the brother had no right to force her. It was a sociological problem, stemming from the man's responsibility to provide for the widow. However, more and more women were refusing to agree to this practice and when that was the case, the husband's family had no way to force her.
The delegation said the fight against HIV/AIDS in Mali involved the highest authorities. A five-year national strategic plan had been implemented, which consisted of ten sectoral plans.
As for the fate of refugees in Mali, the delegation said that the Mauritanian refugees discussed at the Committee's previous meeting had been largely repatriated by the Office of the United Nations High Commissioner for Refugees. As for those from Sierra Leone and Liberia, a transit camp had been erected to house them.
The delegation said that if detainees did not have the means to secure legal counsel, they could apply to various legal clinics, which provided counsel to those unable to afford it. Detained persons also had the right to be examined by a doctor of their choosing as soon as they were arrested.
The Constitutional Court was empowered to review the constitutionality of all Malian legislation and to declare void any law that was incompatible with international instruments, the delegation said. Though the President of Mali chaired the Supreme Council of the Judiciary, it was but an honorary title. Neither he nor the Minister of Justice could appear when the performance of a judge was under review. All laws in Mali covered the whole territory of the country; none were discriminatory; they were applied equally to all Malians. A moratorium on capital punishment had been in place since 1979; those who had been sentenced to death had either been pardoned or had their sentences commuted to forced labour.
Prisons were overcrowded, but measures had been taken to remove as many of the detainees on remand as possible from those premises, the delegation said. New legislation had been adopted which set limits on the length of time an individual could be held without trial. If this period elapsed without trial, the detainee was released.
On the issue of political participation, a delegate said that due to the size of the country and its high level of illiteracy - nearly 84 per cent - there had been problems in establishing an electoral roll. The lack of infrastructure, communications and literacy in Mali meant that those not voting were not really in a position to participate.
The country's Youth Parliament had been created to provide children with the opportunity to bring their concerns to the National Assembly, but it had been criticized as being composed solely of the children of the wealthy, the delegation said. The country's Youth City had been established for educational and cultural purposes and was open to all children in the country.
The delegation said non-governmental organizations (NGOs) and civil society had been invited to participate in preparation of the report now before the Committee. As part of the Government's ten-year national plan, NGOs active in Mali had endeavored to make available to the public the texts of all instruments pertaining to human rights.

Comments by Committee Experts
Acknowledging that delegations often misunderstood the intent of the Committee's questioning, members of the Committee said they felt the delegation perhaps had not understood their intentions in asking about the practices of Lévirat and female genital mutilation. There was significant strength of tradition to uphold these practices, against which the Government needed to act, Committee Experts said. With regard to the tradition of Lévirat, the inability of women to provide for themselves and their children by any other means would encourage them to go along with this tradition, which should induce the Government to become involved in promoting women's ability to earn enough to provide for themselves and their families.
Committee members said the delegation perhaps had not understood the intent behind questions on Mali's intentions regarding the introduction of legislation specifically dealing with domestic violence and discrimination against women. Pointing out that domestic violence and discrimination against women had occurred historically and represented an existing problem impossible to eradicate unless addressed by specific legislation, Committee Experts said such behavior created such misery that even though the topics were sensitive, many States had created special legislation to deal with them. It was for this reason that the Committee had asked about whether Mali would introduce specific legislation on domestic violence.
A Committee Expert said that if women themselves did not have power, then women's NGOs were not likely to be sufficiently empowered to address the concerns of women in an effective way. Women's issues, like many others, required the prestige and the power of the Government behind them to engender change. For instance, police officers the world over did not like to intervene in family affairs and would not do so unless ordered. Thus, it was necessary for Governments specifically to order them to do so.
On the role played by tradition in governing relations among Malians, the Committee reminded the delegation that the International Covenant on Civil and Political Rights covered both a country's legislation and its customary law. Where tradition stood in violation of the Covenant, Government authorities should address the violations and act to ensure and protect the rights guaranteed by the Covenant by declaring unlawful those customs in violation of the Covenant and by passing legislation upholding its provisions. For example, it was the Government's role to take the lead in bringing to an end the custom of Lévirat.

Preliminary Remarks of Committee
Formal conclusions and recommendations on the second periodic report of Mali will be issued towards the end of the Committee's spring session, which concludes on 4 April.
In preliminary remarks, ABDELFATTAH AMOR, Chairperson of the Human Rights Committee, said the real situation of human rights on the ground in Mali had not received much discussion, since the debate had focused largely on theoretical issues of legislation. Some of the Committee's questions had not been answered -- for example, on the subject of female genital mutilation, there was no legal prohibition or criminal penalty for the practice of this tradition. And while slavery was prohibited and the Penal Code applied to incidences of domestic violence, the delegation's presentation of the report had given no real dimension to the scope of these problems on the ground.
Moreover, given the extremely high levels of illiteracy in Mali, Mr. Amor said he felt concern over the extent to which the population of Mali could be familiar with the provisions of the Covenant or able to participate politically through elections. As for traditions governing inheritance rights and the practice of Lévirat, the Committee would have liked to have seen some statistics on their rates of occurrence. On the issue of Lévirat, it should be acknowledged that this was not solely a sociological problem, but one that had economic dimensions. Furthermore, the issue of polygamy had not been addressed.



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