Country Report on Human Rights Practices for 1989
MALI
Mali is a single-party state in which effective authority is
exercised by General Moussa Traore, President of the Republic
and Secretary General of the Democratic Union of the Malian
people (UPDM) , the country's only legal political party and
supreme political entity. President Traore assumed power
through a military coup in 1968, and under his leadership the
military Government adopted a new Constitution in 1974. Since
then, the military have retained a privileged position, but
civilians have an increasingly important role in daily
government operations and in the party. Military men continue
to occupy 4 of the 7 regional governorships, 11 of the 46
districts, and an important number of lower level
administrative posts, particularly in the border areas.
Mali maintains an army and air force, which provide both
external and internal security. The gendarmerie (paramilitary
police) assists in maintaining internal security.
With an annual per capita gross national product of
approximately $190, Mali is among the world's poorest
countries. Mali is landlocked and lacks major mineral
resources. Its economy rests on subsistence farming and
animal husbandry. Good rainfalls for the second year in a row
increased agricultural production and permitted some export of
grains. However, it is too soon to say whether the cycle of
drought and economic depression that has affected Mali in
recent decades is over. Malnutrition, poor food distribution
systems, and widespread unemployment remain persistent
problems. Throughout 1989 the Government continued its
efforts to modernize the economy, particularly through fiscal
reform and privatization of state enterprises, but Mali
remains heavily dependent on external aid.
Human rights remained circumscribed in Mali in 1989. The
Government did permit publication of an independent newspaper
and the establishment of a nongovernmental human rights
organization. The infamous Taodenit prison remained closed.
However, security authorities mistreated several students and
held them incommunicado for several months for distributing
pamphlets. Significant human rights problems included
arbitrary detention, abuse of detainees, and restrictions on
fair trial, freedoms of speech, press, and association, the
right of citizens to change their government through
democratic means, and worker rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
No politically motivated killings were reported.
b. Disappearance
No incidents of disappearance, abduction, or hostage-taking
were reported.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The Government has issued specific instructions prohibiting
brutality against suspects. However, physical abuse of
suspected persons sometimes occurs during police interrogation
or in confronting demonstrations. In 1989 authorities accused
eight students of distributing political tracts and held them
in incommunicado detention for 2 months. According to
credible sources, they were seriously mistreated, and at least
one of the students was tied and suspended by his hands for a
prolonged period while undergoing interrogation. No officials
were prosecuted or even reprimanded for these actions.
Prison conditions are harsh and characterized*by inadequate
medical facilities and food supplies. Mali's most infamous
prison--Taodenit—was closed in 1988. In the past, the
abysmal conditions at Taodenit contributed to the deaths of
prisoners, including political prisoners held there. Amnesty
International has called for a full and independent inquiry
into the Taodenit deaths.
d. Arbitrary Arrest, Detention, or Exile
The Malian judicial system is based on the French model.
Detained persons do not have the right to a judicial
determination of the legality of their detention, but arrests
cannot be made without formal charges. In political cases,
the authorities do not always follow this practice, and
incommunicado detention is sometimes utilized, as in the case
of the eight students. Malian law does not provide for
release on bail, but detainees are sometimes released on their
own recognizance. Administrative backlogs often cause delays
in bringing people to trial. Detainees are usually allowed
access to a lawyer of their choice.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
A part of the executive branch, the judiciary is not
independent. The Ministry of Justice supervises both law
enforcement and judicial functions. The Supreme Court is the
highest court, with both judicial and administrative powers.
The National Assembly can convene a high court of justice to
hear cases against state ministers, but this court did not
meet during 1989.
The eight students mentioned above were finally charged in
August under a statute prohibiting the distribution of
politically inflammatory material. When their case came to
trial, seven were acquitted, and the court suspended the
sentence of the one student who was found guilty.
Corruption remains a major political issue, and trials against
corrupt officials continued in 1989, notably in the Special
Court of State Security, a military court. The Special Court
met in June and heard 47 cases. Of the 72 persons found
guilty of corruption, 30 were sentenced to life imprisonment
and 7 received death sentences. In the Special Court,
defendants usually admit guilt in the hope of receiving a more
lenient sentence and allow their lawyers to argue mitigating
circumstances. The verdict and sentence are rendered by a
panel of three judges, including civilian judges and armed
force officers. The death penalty is mandatory under the law
for anyone convicted of embezzling more than $36,000.
However, in most embe^zlement trials restitution by the
accused can decrease the severity of the sentence. Once
convicted, a person can appeal for a presidential pardon or
request a new trial. The right to request a presidential
pardon or a new trial exists in mandatory death penalty cases.
As far as is known, there were no political prisoners being
held at the end of 1989.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Inviolability of the home is provided for in the Constitution
and generally respected in practice. Police searches are
infrequent, and warrants are issued and recorded, though
sometimes after the fact. Local authorities sometimes seize
and open mail extralegally . Under the law, private letters
can be opened only if the country is facing political crisis.
In such cases, the only organization which may legally open
personal mail is the "Securite d'Etat," a special intelligence
service responsible to the Presidency.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Malian Constitution does not expressly provide for freedom
of speech and press. Malians take care to express criticism
of the Government in accepted forums. In theory, criticism is
permitted within the councils of the sole political party,
which all citizens are encouraged, but not forced, to join.
Questioning of government authority outside party
deliberations is rare, although not expressly forbidden.
The Government controls most Malian media, which reflect
official positions. In some instances media and public
criticism of specific programs and of the performance of some
government officials is allowed. An independent biweekly
newspaper, Les Echos, which often contains sharp political
commentary, began publication in 1989. Independent specialty
magazines such as Jamana (a cultural publication) and Podium
(a sports journal) also contain some political commentary and
circulate freely. International publications, including those
having articles critical of Mali and its Government, are
available. Satire and social criticism, sometimes with a
political cast, are occasionally evident in Malian government
publications. Government authorities generally seize
political tracts printed by organizations not formally
recognized by the Government.
Academic freedom does not include the right to criticize the
Government, nor is this right extended to the only recognized
labor union, which is considered an arm of the Government.
The union has, however, occasionally been critical of
government policy.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of citizens to form
organizations to protect their professional interests, but in
reality only selected nonpolitical organizations such as urban
professional associations qualify. The primary groups which
assemble freely are the women's, youth, and similar
associations of Mali's single political party. In 1989 a
number of apolitical "amicales" or friendship groups
sponsoring exchanges with foreign countries were established,
but these associations do not have an overt political agenda.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Mali is a secular state. The Government generally does not
discriminate on religious grounds. Although 90 percent of
Malians are Muslim, most other religions may practice their
faiths freely and are permitted to establish houses of worship
as well as schools. Christian missionaries of various faiths
enjoy government cooperation. Proselytizing and conversion
are permitted, except in the case of the Baha ' i , who may
practice at home but may not proselytize or establish houses
of worship. The Government prohibits publications in which
one religious group defames another.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Freedom of movement in Mali is generally unimpeded, although
police checks sometimes occur in which Malians and foreigners
alike are stopped, particularly at night. These checks are
used ostensibly to restrict the movement of contraband goods
and to check vehicle registrations. In practice, some police
probably supplement their frequently delayed salaries by
assessing ad hoc fines or confiscating goods. Malians are
free to change residence or workplace. Foreign travel
requires an exit visa, which is easy to obtain. Repatriation
is not restricted.
In the past drought years, Mali both accepted and generated
displaced persons. Several thousand Malians were repatriated
from Algeria in 1986 and 1987. In 1989 Mali agreed to accept
additional repatriates from Algeria. Mali also permitted
entry to a number of persons who were expelled from
neighboring Mauritania.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have no ability to change their government and only
limited and infrequent opportunity to influence it. Important
policies and decisions are made by a small group--the
President, the 19-member Central Executive Bureau of the UDPM,
and the Council of Ministers. The memberships of these groups
overlap. The military role in governing Mali remains
important, but civilian participation in the leadership groups
has been growing. Party congresses are called by the
President to consider special issues.
Within the one-p^rty system, multiple candidates often contest
party elections at the local level, but for National Assembly
elections, which are held every 4 years, only one carefully
selected party candidate runs for each seat. Proposed
legislation is debated and endorsed in the National Assembly
after its acceptance by the Council of Ministers and review by
the Supreme Court. Party membership is a prerequisite for
voting and for holding a civil service appointment or other
government position. All citizens are encouraged to join for
a nominal fee.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Government is generally responsive to inquiries by
recognized human rights groups, although it apparently has not
replied to Amnesty International's call for an inquiry into
Taodenit prison. In 1989 the Government permitted the
establishment of a nongovernmental human rights organization.
The Malian Association for Human Rights. This organization
sponsored a number of seminars on human rights issues in 1989
and is attempting to encourage Malian participation in
international human rights meetings.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Mali does not practice religious or ethnic discrimination, nor
does it have the civil and racial strife evident in many other
multiethnic countries. Virtually all of Mali's ethnic groups
are represented at the highest state and party levels.
Although some nomadic groups such as the Tamashek are not
completely integrated into the economic and political
mainstream, Mali is relatively free of ethnic tensions.
Social and cultural factors place men in the dominant position
in Mali. However, women play an important economic role, both
in market life and in farming. There are a number of women in
the professions, but economic opportunity for educated women
is limited. Women live under harsh conditions, especially in
the rural areas.
Violence against women, including wife beating, is accepted in
Malian society, but there are no statistics to indicate how
widespread it may be. Malian society generally does not
tolerate spousal abuse that results in physical injury, but
legal action for redress of injury is not normally available.
The issue of spousal abuse has not been addressed by the
Government. Nor is the National Union of Malian Women (UNFM)
actively engaged in this issue. The UNFM focuses primarily on
establishing cooperatives, improving health programs, and
fostering education. It also campaigns against female
circumcision, which is still widely practiced in Mali,
including the most extreme form of genital mutilation,
inf ibulation. The Government has taken no public position on
this issue.
Traditional practice and existing Malian laws place women at a
disadvantage with regard to family law and property rights. A
group of female jurists is seeking improved legal protection
for women. One issue being addressed by this group pertains
to rights of widows. Currently, a widow has no right to her
husband's property or custody of children conceived during the
marriage.
Section 6 Worker Rights
a. The Right of Association
The Constitution specifically provides for the liberty of
citizens to form organizations to protect their "professional
interests." However, workers' right of association is limited
to the National Union of Malian Workers (UNTM) . The UNTM
24-900 O—
comprises 12 unions and is Mali's only recognized workers'
organization. At present, there are no unions not affiliated
with the UNTM. The UNTM claims to maintain a degree of
autonomy from the Government, and unlike the women's and youth
associations, it is not officially part of the party. It has
on occasion offered limited criticism of certain government
programs. Nevertheless, it is subject to considerable
government influence and control, and the UNTM Secretary
General is a party member, although not a member of the
Central Executive Council of the UDPM.
Strikes are rarely permitted, and those deemed to be taken for
political reasons are illegal. Given Mali's high level of
unemployment, most workers are reluctant to strike for long
periods of time. By law, any union planning to go on strike
must notify the UNTM and obtain prior approval. In the case
of student and teacher strikes which took place in 1988, no
approval was given, but the strikes still took place and many
participants suffered reprisals. The International Labor
Organization's (ILO) Committee on Freedom of Association
concluded that the resulting government-directed transfers,
dismissals, and arrests of teachers constituted an infringement
on their freedom of association. Malian teachers continue to
have grievances, specifically over the nonpayment of
salaries. There were no teacher strikes in 1989, but there
were work slowdowns. In September drivers of minibuses in
Bamako protested government attempts to impose stricter
regulations on their activities. When there was no response
to a complaint lodged through the transport union, drivers
organized a 1-day protest strike. There were no government
reprisals.
The UNTM maintains contacts with international labor
organizations, both public and private. The UNTM is affiliated
with two international labor bodies: the Organization of West
African Workers and the Organization of African Trade Union
Unity.
b. The Right to Organize and Bargain Collectively
There are no specific constraints by the Government or
employers on workers attempting to organize, but in practice,
Mali's unitary party system effectively inhibits the workers'
right to organize. True collective bargaining does not take
place. The UNTM has a policy role in the agreements
negotiated by the individual member unions, and the
Government, through the Minister of Labor, must approve all
wage and related agreements.
There are no export processing zones in Mali.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and
this prohibition is generally observed in practice. There
have been reports that a form of traditional slavery is still
practiced in some isolated parts of the country.
d. Minimum Age for Employment of Children
The minimum age for employment is 14, but with parents'
permission children can be apprenticed at 12. In practice,
children in rural areas join the family farming work force at
a much younger age. As workers in the informal sector, they
are not protected by laws against unjust compensation.
excessive hours, and capricious discharge.
e. Acceptable Conditions of Work
Mali has a detailed labor code specifying conditions of
employment, including hours, wages, and social security
benefits. The normal workweek is 44 hours. The minimum wage
is approximately $42.50 per month, which could provide a
decent standard of living if it went to support only one
person. However, most wage earners support extended
families. Health and safety standards vary, depending upon
the category of work, but there is limited enforcement due to
the lack of inspectors. Employers are required to pay into a
national social security fund.
