Country Report on Human Rights Practices for 1990
MALI
Mali is a single-party state in which authority is exercised
by General Moussa Traore, President of the Republic and
Secretary General of the Democratic Union of the Malian People
(UDPM) , the country's only legal political party and supreme
political entity. President Traore assumed power through a
military coup in 1968. The military still maintains a
privileged position, and some military men occupy key
positions within the Government, although the Government and
party are predominantly civilian. Military men hold 3 of the
7 regional governorships, and 11 of the 46 districts.
The Gendarmerie (paramilitary police) and local police forces
have primary responsibility for maintaining internal
security. The military is used for internal security in
extraordinary situations; in 1990 it was called on to deal
with an insurgency by dissident Tuaregs in the Gao region.
With an annual per capita gross national product of
approximately $230, Mali is among the world's poorest
countries. Mali's economy rests primarily on subsistence
farming and animal husbandry, making it highly dependent on
good rainfalls for its economic well-being. Throughout 1990
the Government continued its efforts to modernize the economy
through fiscal reform and privatization of state enterprises,
but Mali remains heavily dependent on external aid.
Although some human rights restrictions eased in 1990, the
Government's response to Tuareg dissidence in the north
resulted in numerous credible reports of human rights
violations, including summary executions of dissidents by
military forces. The Government did not allow an independent
investigation into these and other allegations of brutality.
The circumstances surrounding the rebellion were unclear, but
it coincided with the repatriation of several thousand
Malians, mainly Tuaregs, from Algeria in 1990, and President
Traore charged Libya with responsibility for the attacks.
Libyan leader Qadhafi acknowledged that Malian Tuaregs have
received military training in Libya.
While favoring continuation of the single party system, in
1990 the Government permitted a growing public debate, inside
and outside the party, over constitutional reform, including
the possibility of a multiparty system. An independent press,
the new (1989) human rights organization, the National Union
of Malian Labor (UNTM) , and the National Bar Association
contributed importantly to the debate on political pluralism.
By year's end, two organizations promoting a multiparty
system, the National Committee for Democratic Initiative
(CNID) and the Alliance for Democracy in Mali (ADEMA) , had
been formed. The CNID held peaceful demonstrations for
democracy on December 10 and 30 without interference from the
Government.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were numerous credible reports that as many as 29 people
were summarily executed in July and early August in the Gao
region when the Government acted to restore order following a
series of attacks by Tuareg dissidents. In particular.
residents in that region claimed to have witnessed the public
executions of 13 persons in early August on the outskirts of
the city of Gao . The Government denied that summary
executions took place. However, reports were of sufficient
number and credibility to warrant an independent
investigation. The Tuareg insurgents have targeted military
and Government officials in their raids on villages and
military camps, executing a number of them and some of their
family members. According to government sources, at least 39
persons were killed by the insurgents from the end of June
through the end of August. There have been no further reports
of such violations in the region. By the end of 1990, the
situation in the north was generally calm but remained
unresolved.
One government official accused of spying for the insurgents
died in prison 2 days after his arrest; while the government
radio reported he had been poisoned, no further explanation of
his death was given.
b. Disappearance
No incidents of disappearance, abduction, or hostage-taking
attributable to the Government were reported. However, the
Government has given out little information on captured
Tuaregs so it is impossible to know the fate of many rebels.
Tuareg insurgents, according to reliable sources, abducted
soldiers and government officials following raids on military
and civilian facilities. The current whereabouts of these
persons are unknown.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the Government has issued specific instructions
prohibiting brutality against persons under police
investigation, physical abuse of suspected persons sometimes
occurs during police interrogation or in police handling of
demonstrations. There were credible reports that, in July and
August, suspected Tuareg dissidents were tortured while
undergoing interrogation. Prison conditions in Mali are harsh
and characterized by inadequate medical facilities and food
supplies.
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 by law
arrests cannot be made without formal charges. By law,
persons arrested must be charged or released within 48 hours.
In political cases, the authorities do not always obey the
law, and incommunicado detention is sometimes utilized.
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. In fact, lawyers are quite active in making
sure that detainees have representation; many provide pro bono
service.
A state of emergency and curfew were implemented in the 6th
and 7th regions on July 10 in accordance with the
Constitution. Chefs d ' arrondissement (roughly analogous to
governors) and military authorities were granted wider powers.
including the power to control the press and communications
and to intern those deemed a threat for up to 2 months.
Tuareg dissidents and their suspected supporters were held
under these emergency provisions in these regions; others were
brought to Bamako for detention. The Government gave no
indication during 1990 of the numbers of Tuaregs detained by
military authorities or of those still in detention at year's
end.
e. Denial of Fair Public Trial
A part of the executive branch, the judiciary is not
independent. The Ministry of Justice appoints judges and
supervises both law enforcement and judicial functions.
Judges complain of government and party pressure, The
Superior Judicial Council, which supervises judicial activity,
is headed by the President. The Supreme Court is the highest
court, with both judicial and administrative powers. The
Supreme Court also has the ability to declare laws
unconstitutional. The National Assembly can convene the High
Court of Justice to hear cases against state ministers, but
this Court did not meet during 1990.
Corruption remains a political issue, and trials against
corrupt officials continued in 1990, notably in the Special
Court of State Security, a military court. The Special Court
heard 46 cases from January until June 1990. All cases
involved allegations of embezzlement. Of the persons found
guilty, four were sentenced to life imprisonment and one
received the death sentence. 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
forces officers. The death penalty is mandatory under the law
for anyone convicted of embezzling more than $36,000.
However, in most embezzlement trials, restitution by the
accused can decrease the severity of the sentence. Once
convicted, a person may 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. No death sentences issued by the Special Court were
carried out in 1990. As far as is known, there were no
political prisoners or detainees, other than the Tuaregs, at
the end of 1990.
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
may be opened only if the President declares the country is
facing political crisis. In such cases, the only organization
that may legally open personal mail is a special intelligence
service responsible to the Presidency. The state of emergency
declared in the north specifically permits inspection of
mail. In fact, mail not covered by such crises is also
opened.
Party membership is a prerequisite for holding a senior
government position but not for holding most civil service
jobs. All citizens are encouraged (but not required) to join
for a nominal fee. Membership has reportedly been falling off
among young people.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts
There were credible allegations of brutal treatment of
civilians by both the Malian military and Tuareg insurgents in
the Gao region during the summer of 1990. One group of Tuareg
villagers at Djebock, near Gao, was reported to have been
saved from execution by the military when the Bambara governor
intervened. According to one fragmentary report, the military
forced another family group to stand in a ditch and then
tossed in a grenade, killing many. At the same time, there
were reliable reports of torture and mutilation of bodies by
the Tuareg insurgents. The number of dead in the conflict is
uncertain, but data published in mid-September by independent
sources set the figures at several hundred on each side,
including civilians.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution does not expressly provide for freedom of
speech and press. Questioning of government authority outside
party deliberations has been rare in the past, but in 1990
Malians began publicly criticizing the country's one-party
system. During party meetings in March commemorating the
anniversary of Mali's ruling party, most speakers
participating in a "democracy within the party" debate openly
criticized the single-party system, advocated a multiparty
approach, and denied that political pluralism would degenerate
into tribalism in Mali. According to the independent press,
this debate grew more heated and divisive during an
extraordinary meeting of the National Council held in August.
President Moussa Traore presided as party dignitaries argued
bitterly over multiparty system and democracy within the party.
The Government controls Malian radio and television and
publishes a daily newspaper, all of which reflect official
positions. While the Constitution is silent, the law (most
recently that enacted in 1988) permits freedom of the press,
and the Government has allowed a number of independent
journals to open since 1989. These include the French
language Les Echos, La Roue, Aurore, Saniya, and Danbe, the
journal of the National Committee for Democratic Initiative.
The independent publications have played an active role in
opening the debate on a multiparty system, publishing accounts
of events that differed significantly from those of official
organs, and providing critical commentary on actions and
positions taken by the Government. Les Echos published an
open letter from a group of private citizens to the President
urging political reform. L'Aurore reprinted a declaration by
the National Union of Malian Workers calling for a multiparty
system, the first public statement in support of
democratization. The independent press also reported on the
Tuareg insurgency, with one publication criticizing the
Government for its lack of openness about the situation in
Gao, but supporting the Government's view that the insurgency
was sparked by an external attack. These newspapers are
distributed widely in Bamako as well as in regional centers.
International publications, including those having articles
critical of Mali and its Government, are available.
The Government occasionally cracked down on the press in
1990. In March the editor of Mali's most critical
publication, La Roue, was detained for 48 hours and questioned
by local police but was never formally charged. Independent
journalists were forcibly removed from the National Council's
June session, and two were briefly detained by police, but
representatives of the Government were permitted to remain due
to their status as employees of the UDPM. Government
authorities generally seize political tracts printed by
organizations not formally recognized by the Government, but
there were no known arrests of pamphleteers. A Malian
employed by the French Communist newspaper L'Humanite was
arrested in July for alleged possession of seditious material
pertaining to the death of Mali's first president, Modibo
Keita. The charges were dropped and the journalist released
after 5 days in detention, and no other punitive action was
taken against the journalist.
There is no legal restraint on academic freedom, but selfcensorship
is the rule. Lack of materials and timidity on the
part of civil service teachers fearful of transfer to distant
villages inhibit free debate in the classroom. In late 1988,
students who protested government policies were jailed. All
were subsequently released, in part through the reporting
efforts of Les Echos.
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 that
assemble freely are the women's, youth, and similar
associations of Mali's single political party. Demonstrations
and marches require permission from the central executive
bureau of the party. In October a small, peaceful
demonstration in favor of democracy was broken up by police,
and four persons were briefly detained. The Government also
used tear gas to control the most violent riots in a decade in
Bamako on December 3. The riots erupted following a
government announcement that unlicensed street vendors would
be prevented from practicing their trade. There were no
casualties.
The Constitution provides for only one party; independent
political activists avoid portraying themselves as part of an
opposition party. Mali's independent newspapers and human
rights organizations have demanded the elimination of article
five of the Malian Constitution which recognizes the
Democratic Union of the Malian People (UDPM) as Mali's only
legal party and effectively outlaws other political parties.
However, two organizations calling for democracy and a
multiparty system were established in the fall of 1990. The
National Committee for Democratic Initiative (CNID) and the
Alliance for Democracy in Mali (ADEMA) , led by prominent human
rights and student activists, have been allowed to form and
operate unimpeded by the Government. An independent journal
published CNID's political manifesto which called for, among
other things, a multiparty system and greater respect for
human rights. CNID also criticized the Government for
postponing further internal UDPM discussion of political
pluralism until March 1991. On December 10 and 30, CNID
sponsored peaceful demonstrations for a multiparty system that
attracted thousands of people and that proceeded through the
streets without police interference.
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, 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 . The
Government prohibits publications in which one religious group
defames another; the Minister of Territorial Administrations
determines whether such a publication is defamatory. However,
this law is rarely used. While administrative orders
promulgated in 1977 prohibiting Baha ' i from meeting in groups
of more than three people remain in force, these orders are
not actively enforced and Baha ' i practice their faith without
interference.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Freedom of movement in Mali is generally unimpeded, although
police checks 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
supplement their salaries by assessing ad hoc fines or
confiscating goods. Foreign travel requires an exit visa, but
this is easy to obtain. Repatriation is not restricted.
Due to attacks by Tuareg dissidents, the Government imposed
some travel restrictions in the Gao and Timbuctu regions in
July. These restrictions continued throughout the remainder
of 1990. The Government attempted to isolate potential Tuareg
dissidents by designating a special security zone in which
residents were required to relocate near government security
installations or else be assumed hostile by the military.
In past drought years, Mali both accepted and generated
displaced persons. Several thousand Malians, mostly Tuareg,
were repatriated to Mali from Algeria in 1990 under a
bilateral accord. There is some evidence that this
repatriation was poorly coordinated and that receiving areas
were ill-equipped to deal with the repatriates. This may have
contributed to Tuareg dissidence. In 1990 Mali permitted
entry to between 7,000 and 8,000 Peulh refugees from
Mauritania and several hundred refugees from Liberia.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change their government
through peaceful means. Important policies and decisions are
made by the President, in consultation with 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. Pressure for structural political change may have
prompted the President to call an extraordinary session of the
National Council in August that focused on democracy within
the one-party State. Mali held local party elections in
October in preparation for the 1991 UDPM congress. Party
elections are indirect, with an emphasis placed on arriving at
consensus rather than political competition. However, in this
year's elections for party offices, the party allowed direct
competition among members for party offices that led, in a few
cases, to violent confrontations between candidates'
supporters.
Although multiple candidates often contest party elections at
the local level, only carefully selected party candidates run
for seats in the National Assembly. These elections occur
every 4 years. Party elections held November 4 were marred by
allegations of administrative irregularities and claims that
the Government had exaggerated the number of voters. Proposed
legislation is debated and endorsed in the National Assembly,
after its acceptance by the Council of Ministers and review by
the Supreme Court. The Supreme Court reviews cases to see
that the law has been correctly applied or that the law is
constitutional.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government affirms that it adheres to the principles of
the Universal Declaration on Human Rights. It has not,
however, been receptive to inquiries on human rights. It did
not reply to Amnesty International's (AI) call in 1988 for an
investigation into conditions at Taodenit prison (closed since
1988), and it rejected AI ' s more recent call for
investigations of summary executions in the north. Malian
officials have not allowed an independent investigation into
these charges. The Government did permit the French Secretary
of State for Humanitarian Action to travel to the Gao region
and speak with Tuareg leaders there. The independent Malian
Association for Human Rights, established in 1989, is engaged
in individual cases having a human rights component and in
sponsoring seminars on human rights issues. An example of the
Association's activities in 1990 was its intervention to
secure the release of a journalist arrested in July.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Virtually all of Mali's ethnic groups are represented at the
highest state and party levels. Nevertheless, some members of
nomadic groups are not completely integrated into the economic
and political mainstream. In particular, there is
longstanding resentment among Tuaregs at being ruled by a
government composed of a number of other ethnic groups; this
factor may also have contributed to violent dissidence in
northeastern Mali in 1990.
Social and cultural factors place men in the dominant position
in Mali. There are a number of women in the professions and
in important posts in government, but economic opportunity for
educated women is limited. Women live under harsh conditions,
especially in the rural areas.
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 and in 1990 addressed the rights of widows.
Currently, a widow has no right to her husband's property or
custody of children conceived during the marriage.
Violence against women, including wife beating, is accepted in
Malian society, though there are no statistics to indicate how
widespread it may be. The society generally does not tolerate
spousal abuse that results in physical injury and deals with
the problem informally at the village level; for example, a
village chief may intervene to stop the abuse and punish the
perpetrator. Legal action for redress of injury is not
normally available, although severe physical injury is a
ground for divorce. The issue of spousal abuse has not been
addressed by the Government. The National Union of Malian
Women (UNFM) focuses primarily on establishing cooperatives,
improving health programs, and fostering education. Both the
Union and an independent women's group campaign against female
circumcision, which is still a widely accepted social practice
in Mali. While the Government has taken a public position
against female circumcision, its efforts directed against the
practice are educative rather than punitive.
Section 6 Worker Rights
a. The Right of Association
The Constitution specifically provides for the freedom 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
comprises 12 unions and is Mali's only recognized workers'
organization. The UNTM maintains a degree of autonomy from
the Government, and unlike the women's and youth associations,
is not officially a part of the party. Although subject to
considerable government influence and control, the UNTM does
take positions independent of the Government. In 1990 the
UNTM became the first major Malian organization to put itself
on record in support of a multiparty system and to condemn
publicly the single-party system. The UNTM Secretary General
is a party member, although not a member of the party Central
Executive Council.
Strikes are rarely permitted, and those deemed by the
Government 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 get
prior approval. In the case of the student and teacher
strikes of 1988, no approval was given, but the strikes still
occurred and many participants suffered reprisals. The
International Labor Organization's (ILO) Committee on freedom
of Association concluded that the 1988 government-directed
transfers, dismissals, and arrests of teachers constituted an
infringement on freedom of association. The Malian Supreme
Court decided in favor of one teacher who the ILO felt had
been wrongfully dismissed. While welcoming this positive
court action, the ILO called on the Malian authorities to take
steps to reinstate other teachers involved in the same strike;
as far as is known, all the teachers who had been dismissed
were reinstated.
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 legal 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. Wages and salaries are set by tripartite
negotiations between the Ministry of Labor, the labor unions,
and representatives of the federation of employers of the
sector for which the wages are being set. These negotiations
result in sector-wide collective conventions.
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. Although
not sanctioned or upheld by law, debt slavery exists in the
salt mining communities north of Timbuktu. Individuals pay
off debts to local merchants by working under primitive and
dangerous conditions in the salt mines, with the debt and
obligation often passed from one generation to the next.
d. Minimum Age for Employment of Children
The minimum age for employment is 14, but with parents'
permission children may be apprenticed at age 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. The
Labor Inspection Service of the Ministry of Labor is
responsible for enforcement of child labor laws. The law is
reasonably effective in the modern sector, but this has no
effect on the vast number of children who work in the informal
sector.
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 $28.00 per month, and is supplemented by a
required package of benefits, including social security and
health care benefits. While this could provide a minimum
standard of living if it went to support only one person, most
wage earners support extended families. In addition, most
people work in the informal sector, outside the realm of these
rules and conventions. Health and safety standards vary
depending upon the category of work. While in theory the
Labor Inspection Service oversees these standards, there is
limited enforcement due to the lack of inspectors. Employers
are required to pay into a national social security fund.
