Human Rights Law at Mali
Mali has taken significant steps in establishing a legal framework to protect human rights defenders (HRDs), though challenges persist in its implementation and enforcement. (HRC37 | Mali should establish an effective mechanism to implement the law on protection of defenders | ISHR)
🇲🇱 Legal Framework for Human Rights Defenders
In January 2018, Mali enacted Law No. 2018-003, a landmark legislation aimed at safeguarding HRDs. This law, adopted after extensive advocacy by civil society groups, defines HRDs broadly, encompassing individuals who promote and protect human rights. Key provisions include: (Mali: Law No. 2018-003 of January 12, 2018 on Human Rights Defenders - Focus: The Observatory On Public Policies For Defenders, Mali | Ministers adopt draft law on protecting human rights defenders | ISHR)
Inviolability of HRDs' Homes and Offices: Protection against arbitrary searches and seizures.
Freedom to Engage with International Bodies: HRDs can interact with international human rights organizations without restriction.
Right to Receive Funding: HRDs are entitled to seek and receive financial support for their activities. (Mali | Groundbreaking new law strengthens legal protection of human rights defenders | ISHR)
Non-Refoulement Principle: HRDs cannot be expelled to countries where they risk torture or inhuman treatment. (Mali guarantees the protection of human rights defenders in the country | Front Line Defenders)
Specific Protections for Women and Disabled HRDs: Acknowledgment of the unique challenges faced by these groups. (Mali | Groundbreaking new law strengthens legal protection of human rights defenders | ISHR)
To operationalize this law, Decree No. 2020-0087/P-RM was adopted in February 2020, detailing the modalities for its application. This includes provisions for the issuance of professional cards to HRDs and outlines the state's duty to investigate violations against them. (Mali: Decree N°2020-0087/P-Rm 2020 Applying Law on Human Rights Defenders - Focus: The Observatory On Public Policies For Defenders, Mali - third African country to adopt law on protection of HRDs - Civicus Monitor)
⚠️ Challenges in Implementation
Despite the legal advancements, several challenges hinder the effective protection of HRDs in Mali:
Implementation Gaps: The law's effectiveness is compromised by the lack of an operational mechanism to enforce its provisions. Civil society advocates emphasize the need for a dedicated body to oversee the protection of HRDs.
Bureaucratic Hurdles: The requirement for HRDs to obtain professional cards involves complex procedures, including submission of criminal records and certificates of "life and good morals," which may exclude many from protection. (Legislative protection in Mali | ISHR)
Political Climate: The military junta, which has been in power since 2020, has suspended political activities, raising concerns about the erosion of democratic processes and the suppression of dissent. (Malian group asks Supreme Court to annul junta's ban on political activities)
🕊️ Ongoing Human Rights Concerns
The human rights situation in Mali remains precarious:
Violence by Armed Groups: Reports indicate that Russian mercenaries from the Wagner Group, operating alongside the Malian military, have been implicated in extrajudicial killings and other atrocities, particularly targeting ethnic Fulani communities. (UN calls for Mali to probe alleged executions by army and Russian mercenaries)
Judicial Accountability: International efforts have led to convictions for war crimes, such as the sentencing of Al Hassan Ag Abdoul Aziz for his role in abuses during the 2012 occupation of Timbuktu. (ICC sentences al-Qaida-linked former police chief to 10 years for war crimes in Mali)
🔍 Conclusion
While Mali has established a legal framework to protect human rights defenders, the lack of effective implementation and ongoing security challenges impede its success. Continued advocacy and international support are crucial to ensure that these legal protections translate into real safety for HRDs in the country. (HRC37 | Mali should establish an effective mechanism to implement the law on protection of defenders | ISHR, Mali - third African country to adopt law on protection of HRDs - Civicus Monitor)
AP News
Reuters
AP News
RELATED Blog
0 comments