Country Report on Human Rights Practices for 1991
MALI
In 1991 the 23-year-old, single-party military dictatorship of
President Moussa Traore was overthrown, leading to the
establishment of a transitional government which pledged to
establish a multiparty democracy with free elections by January
1992. The transition period was later extended to March 26,
1992. On March 26, 1991, after 4 days of intense
antigovernment rioting, a group of 17 military officers
arrested President Traore and suspended the constitution.
Within days, these officers joined with the Coordinating
Committee of Democratic Associations to form a predominantly
civilian 25-member ruling body, the Transitional Committee for
the Salvation of the People (CTSP) . The CTSP issued a
fundamental code, the basic governing document for the
transitional period, and appointed a civilian prime minister
and transitional government. A National Conference held in
August produced a proposed new constitution, political parties
charter, and electoral code. In a referendum on January 12,
1992, the new Constitution was approved. Lt . Colonel Amadou
Toumani Toure became Head of State during the transition period.
The country was affected by rebellious activity in the north,
which varied from politically motivated rebels seeking an
autonomous Tuareg state to simple banditry. Rebel activity,
which started in mid-1990, had subsided by the time the
previous government signed accords with two rebel groups in
January 1991. Dissident rebel elements continued sporadic
attacks in the early part of the year, which escalated after
the change of government. There were credible reports of
civilians killed and abducted by rebels, of extrajudicial
killing committed by the military, and of the theft by rebels
of vehicles belonging to private voluntary organizations
involved in food distribution. The transition Government made
strenuous efforts to find a political solution to the problem
and held a series of conferences of all parties in late 1991,
with more scheduled for early 1992.
Mali's armed forces number some 7,000 and are under the control
of the Minister of Defense. The gendarmerie (paramilitary
police) and local police forces have primary responsibility for
maintaining internal security. Military forces were deployed
throughout the northern regions of the country to deal with
insurgency and banditry. The military's credibility was
profoundly shaken when it used lethal force to put down the
antiregime demonstrations that led to the arrest of then
president Traore on March 26. Subsequently, the CTSP made
strenuous efforts to reestablish discipline among the troops
and to prepare officers for a changed role for the military
under civilian democracy, but problems remained, especially in
the north.
With an annual per capita gross national product of
approximately $290, Mali is one of 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. The transitional
Government continued efforts to modernize the economy through
fiscal reform and made determined efforts to end government
corruption. Nonetheless, Mali remained heavily dependent on
external aid. Private enterprise was encouraged as part of
economic reform and liberalization programs.
Although there'were significant violations of human rights in
1991, especially those associated with the conflict in the
north and the end of the Traore regime, the change in
government in most respects improved the human rights
situation. Political rights were greatly expanded, and freedom
of speech, press, assembly, and association increased
significantly. The new Constitution provides broad protection
of human rights and civil liberties. Because of good media
coverage of the events, more Malians became aware of their
rights and were less afraid to file complaints when these
rights were violated. At the end of the year, the transition
Government had taken many steps toward the establishment of a
multiparty democracy based on the rule of law, including
scheduling municipal, legislative, and presidential elections
for early 1992.
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. There
were, however, numerous instances of extrajudicial killing by
security forces using excessive force in putting down
antiregime demonstrations in Bamako and in dealing with the
rebellion in the north (see Section l.g.).
b. Disappearance
Rebels frequently abducted civiliams during raids on villages.
Some of them were released, others are known to be held by
rebels, but the whereabouts of still others are unknown.
Although there were no reported incidents of abduction or
hostage-taking attributcible to the Government, there reportedly
have been incidents in which persons detained by security
forces in the north have been killed (see Section l.g.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The new Constitution prohibits torture eind inhuman, cruel,
degrading, or humiliating treatment, and the transitional
Government made strides toward ending the physical abuse of
suspected persons which sometimes occurred during police
interrogation. Widespread publicity given to issues of human
rights made citizens more willing to complain, which
constrained individual police officers in their treatment of
arrestees. The transitional Government also improved
conditions in prisons, rebuilding the Bamako central jail,
improving food and medical services, and separating hardened
criminals from lesser offenders. In addition, it authorized
the International Committee of the Red Cross (ICRC) to conduct
a seminar for prison officials on the treatment of prisoners.
Many prisons outside the capital, however, are still harsh and
are characterized by inadequate medical facilities and food
supplies.
d. Arbitrary Arrest, Detention, or Exile
The Malian judicial system is based on the French model, and
the fundamental code and the new Constitution expanded the
rights of arrested individuals. Persons arrested must be
charged or released within 48 hours. 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. The new
Constitution gives arrested persons the right to have a lawyer
of their choice present at all questioning; even before the
constitution was promulgated, persons began to demand that this
right be accorded them. Lawyers are quite active in making
sure detainees have representation; many provide pro bono
service.
A number of Tuaregs were detained by military authorities in
the wake of rebel and bandit attacks in the northern regions.
By November all those detained had been released, except for 22
persons who were transferred to Bamako and charged with
specific crimes. Those Tuaregs arrested during 1990 were
released after the signing of the Tamanrasset Accords in
January 1991.
At the time of the overthrow of the previous regime, the former
president, his family, all government ministers and members of
the party executive committee, and many others were detained.
Following investigations by a special commission of the
judicial police, the investigating judge formally charged all
former officials with specific violations of the law and
initiated detailed investigations of the cases, as required,
prior to trial. Two of the "former" president's children
continue to be detained without charge. Two other children and
one grandchild are being held in protective custody.
Detention of political demonstrators, which was sometimes
practiced by the previous regime, was discontinued under the
transitional Government. Many Malians who were in exile under
the previous regime returned to live in their country in 1991.
e. Denial of Fair Public Trial
The transitional Government basically retained the existing
court structure, with two notable changes: it declared the
judiciary independent of the legislative and executive power,
and it abolished the special court of state security, which
operated outside the regular judicial system.
The Fundamental Code and the new Constitution provide for the
independence of the judiciary. However, the Ministry of
Justice appoints judges and supervises both law enforcement and
judicial functions. The Superior Judicial Council, which
supervises judicial activity, is headed by the President of the
Republic. The Supreme Court has both judicial and
administrative powers. Under the Constitution, there will be 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. Many members of the
former government, including the former president and his wife,
were charged by the regular criminal court with corruption and
embezzlement; others have been formally charged with violations
of law in connection with the shooting of demonstrators during
the riots in January and March. The Government pledged to try
these persons in accordance with the law and prevented efforts
by some groups to use the National Conference as a popular
tribunal. No trials had begun by the end of the year. All
members of the former government reportedly had access to
lawyers.
Another concern was a wave of vigilante justice which erupted
after the overthrow of the previous regime, but it declined by
the end of 1991. In the wake of massive jailbreaks and overall
lack of confidence in the security system, mobs in Bamako and
other towns on more than 15 occasions captured and killed
suspected thieves. However, special police units in several
cases rescued threatened individuals and treated them in
accordance with the law.
f.
Arbitrary Interference with Privacy, Family, Home, or
Correspondence.
Inviolability of the home is provided for in both the old and
new Constitutions and generally is respected in practice.
Police searches are infrequent, and warrants are issued by a
judge and recorded, though sometimes after the fact. Local
authorities sometimes seize and open mail extralegally.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts
In March, during 4 days of rioting and demonstrations which
preceded the overthrow of the previous regime, security forces
in Bamako and several other cities opened fire on
demonstrators, killing 216 and wounding 717. Some of the
killings occurred while demonstrators were looting and burning
government buildings; many others occurred as security forces
attempted to stop peaceful demonstrations. In addition, there
are credible reports that 65 persons died when security forces
set fire to a building into which demonstrators had fled. The
transitional Government arrested and charged a number of senior
military officials who were believed responsible for issuing
live cimmunition to the troops.
The Tuareg rebellion in the north resulted in the deaths of
many civilians, rebels, and Malian military and government
officials. The number of dead in the conflict is uncertain,
but at least 39 civilians were killed by Tuaregs in at least 29
attacks. In one case, the Government reports a woman was
killed by rebels after she refused to accompany them back to
their camp.
The military's response to these attacks included reprisals
against unarmed Tuaregs and Maurs. On November 14, soldiers
summarily executed 10 Tuareg civilians near Menaka in reprisal
for the killing of military dependents earlier that day,
according to credible reports. In Timbuktu on December 12,
soldiers murdered leading Tuareg notable and government
supporter Mohamadoum Ag Hamani and eight members of his
household following an attack, possibly by a Tuareg faction, on
the Governor's residence. There were confirmed reports that,
on May 21, a group of soldiers summarily executed 34 nomads in
Lere, and credible reports that in July they executed 15 more
near Tonka. The President repudiated such behavior, and the
Government reportedly transferred and disciplined the soldiers
involved, but no one was arrested or tried, largely out of
concern over possible military discontent should the officers
be publicly humiliated.
Aside from those who died or were wounded in rebel attacks and
army reprisals, many nomads lost cattle herds, and commercial
enterprises were destroyed. Rebels stole vehicles from private
voluntary organizations, making food distribution in the region
extremely difficult. The number of deaths in the conflict is
difficult to estimate. Credible reports put total civilian
Tuareg deaths at the hands of the military at around 70. It is
likely that the Malian military and the various rebel and
bandit groups lost as many as 150 people each.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
With the installation of the transitional Government in March,
Malians enjoy virtually complete freedom of speech and press.
Both the Fundamental Code and the new Constitution contain
strong affirmations of these freedoms. At the National
Conference, citizens from all segments of society voiced
opinions, including often strong complaints, about government
policy and leaders and direct criticism of the President of the
Transitional Council, which were broadcast live on the
state-owned radio system.
There are some 15 independent newspapers and journals. The
government-owned newspaper and radio and television system are
open and give space to a wide range of views. In September the
transitional Government announced that it would allow the
creation of private radio and television stations, and a
subcommission was established under the Minister of
Communications to prepare regulations for private
broadcasting. By the end of the year, two private radio
stations were operating in Bamako.
Political meetings take place openly and without interference.
The political pressures which previously inhibited academic
freedom have all but disappeared.
b. Freedom of Peaceful Assembly and Association
One of the first acts of the CTSP was to allow the free
formation of political parties and other associations. The
Constitution affirms this right. Some 46 political parties and
at least as many professional and special interest associations
were formed and operated freely. While no parties have
established formal ties with those in other countries, there
are no restrictions on their doing so. Permits must be
obtained for mass demonstrations, but these are now routinely
granted.
c. Freedom of Religion
Mali's status as a secular state is reconfirmed in the new
Constitution. The Government generally does not discriminate
on religious grounds. Although 90 percent of Malians are
Muslim, members of other religions practice their faiths freely
and are permitted to establish houses of worship and schools.
Christian missionaries of various faiths, including foreign
missionaries, operate freely. 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 Administration determines
whether such a publication is defamatory. This law is rarely
app1 i ed , however.
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 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. As part of its ant i corrupt ion campaign,
the Government attempted to end these abuses. An exit visa is
no longer required.
In recent years, Mali has both accepted and generated
refugees. Some 13,000 Mauritanian Peuhl refugees who fled
strife in their country in 1989 settled in Mali and were
generally absorbed into the local economy. Some 140 Liber ian
refugees who fled to Mali in 1990 were relocated to Cote
D'lvoire in 1991 under a program of the United Nations High
Commissioner for Refugees. In 1991 the insecurity in Mali's
northern regions led some 18,000 Malian Maurs and Tuaregs to
flee to Mauritania and thousands to flee to Algeria, perhaps
35,000, according to Malian government estimates. Several
thousand Tuaregs who had fled drought conditions in 1984-85 and
had begun to be repatriated to Mali in 1990 returned to Algeria
as refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Cheuige Their Government
During 23 years of single-party military rule, Malians were
unable to change their government through peaceful means.
However, the Transitional Committee for the People's Salvation
(CTSP), which assumed power in March, laid the groundwork for
multiparty democracy in which citizens will be able to elect
their government and change it through peaceful means.
The CTSP is made up of 15 civilians representing organizations
which led the prodemocracy movement (including the national
labor union) and 10 military officers, led by Lt . Colones
Amadou Toumani Toure, who is Head of State for the transition
period. Upon assuming power, the CTSP appointed a transition
Government comprising mainly technocrats charged with
day-to-day operations of the Government and with conducting
elections planned for early 1992. The CTSP almost immediately
allowed the formation of political parties, with the only
restriction being a prohibition against parties based on
religion, ethnic group, region, or gender. By September there
were some 46 registered political parties.
In August a widely representative national conference adopted a
proposed new constitution, a political parties charter, and an
electoral code, which will be the basic documents of the new
political system. The new Constitution, which contains broad
provisions on civil rights and liberties, was adopted in a
referendum on January 12, 1992. It provides for direct
election of the President for a term of 5 years (with a limit
of two terms), direct election at the district level of members
of the National Assembly, a separation of executive,
legislative, and judicial powers, and control of the military
by the President. Members of the CTSP and military officers
who wished to stand for office were rec[uired to resign their
posts by the end of August. Members of the transitional
Government were excluded from running for office in these
elections. The Government immediately began preparations for
the elections, and political parties started operations
throughout the country. The test of the system will come in
the elections and completion of transfer of power from the CTSP
to the newly elected president, including the return of the
military to their barracks, now scheduled for March 26, 1992.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The independent Malian Association for Human Rights (AMDH),
established in 1989, was prominent in the prodemocracy movement
and active in the drawing up of the new Constitution. Two of
its members sit on the CTSP. AMDH lawyers represent individual
cases of human rights violations before courts and work to
inform people of their rights. There was some concern that the
AMDH's representation on the CTSP and the involvement of its
president in a political party would jeopardize its
independence. The Fundamental Code and the new Constitution
make reference to the universal declaration of human rights.
The transitional Government addressed some human rights
questions much more forthrightly than did the previous
government and has been much more open with international
organizations concerned with human rights questions. It
replied publicly to Amnesty International's letters regarding
the military's killing of Tuaregs in Lere and Tonka in May and
July. It has invited the ICRC to observe the situation in the
north and published information about the ICRC's activities.
ICRC representatives are stationed in two northern towns and
are permitted to travel widely. They have visited persons
abducted by rebels and toured all civilian and military
detention facilities in the north. The Government also allowed
the ICRC and the local human rights association access to
members of the former government who were under arrest or being
detained.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Virtually all of Mali's ethnic and language groups are
represented at all levels of government and society, and suffer
little discrimination. The nomad populations are not
completely integrated into the economic and political
mainstream, however, and they resent being politically
dominated by other, more numerous ethnic groups. In April and
May, Tuareg and Maur nomadic groups became the target of ethnic
rioting in Gao and Timbuktu in reprisal for attacks by rebels
on the local population. While there was evidence of
complicity of some elements of the security forces, there were
also eyewitness accounts of police rescuing potential victims.
The Government attempted thereafter to try to reduce
interethnic strife as part of its overall efforts to restore
security in the north. At the end of 1991, tension and racial
polarization remained high throughout the north.
Although the new Constitution reaffirms that there shall not be
discrimination, 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—three members
of the transitional Government are women—but economic and
educational opportunities for women are limited. Women live
under harsh conditions, especially in the rural areas.
According to a 1991 United Nations report, females in Mali
receive only 29 percent of the schooling of males.
Traditional practice and existing Kalian laws place women at a
disadvantage with regard to family and property rights.
However, many newly formed women's organizations began actively
seeking the improvement of women's rights, and many questions
were addressed at the national conference, with the goal of
improving the condition of women.
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 resulting 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 grounds
for divorce. The issue of spousal abuse was not addressed by
the transitional Government. Many of the new women's
organizations and some independent journals campaign against
female circumcision, which is still a widely accepted practice
in Mali. The transition Government continued radio and
television broadcasts intended to discourage female
circumcision but did not pass legislation prohibiting the
practice.
Section 6 Worker Rights
a. The Right of Association
The new Constitution specifically provides for the freedom of
workers to form or join unions and, unlike the old
constitution, does not limit them to the National Union of
Malian Workers (UNTM) . While most unions are still part of the
UNTM, higher education teachers left the teachers' branch of
the UNTM and created an independent union which has been
officially recognized by the Ministry of Education. The UNTM
was a leading force in the movement that led to the overthrow
of the previous regime. Three of its members, including its
President, now sit on the ruling Transitional Committee for the
People's Salvation (CTSP), though the UNTM has maintained its
independence from the Government.
The new Constitution provides for the right to strike. After
the fall of the previous government, there were several
strikes, some for higher wages, some for improved working
conditions, and some to demand different managers in state
enterprises. These strikes were generally resolved by
negotiations between the labor unions, the new Government, and
the economic entity involved. While strikes were rarely
allowed under the previous regime, the UNTM held a 2-day
general strike in January to demand higher wages and called a
general strike in March to demand the resignation of former
President Traore.
b. The Right to Organize and Bargain Collectively
The change in government reduced some of the constraints on
workers' rights to organize and bargain collectively, notably
by ending the UNTM's legal status as the sole union. Wages and
salaries for those workers belonging to UNTM unions are still
set by tripartite negotiations between the Ministry of Labor,
the labor unions, euid representatives of the federation of
employers of the sector for which the wages are being set.
Workers in some industries also created associations which
started to function like unions to make demands and operate
outside of the tripartite system. The new Constitution does
not address the question of antiunion discrimination. No
export processing zones exist in Mali.
c. Prohibition of Forced or Compulsory Labor
The new Constitution prohibits forced or compulsory labor.
Although not sanctioned or upheld by law, debt slavery
reportedly exists in the salt mining communities north of
Timbuktu. Since the change of government in March, however,
many of those treated as slaves have refused to continue
working under those conditions.
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,
many employers ignore this regulation. In addition, children
in rural areas and in the informal sector 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
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 legal workweek is 40 hours, with a requirement
for at least one 24-hour rest period. Workers must be paid
overtime for additional hours. There are legal minimum wage
scales, most recently adjusted in 1991, which are 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. The Social Security Code provides a
broad range of legal protection against hazards in the
workplace, and workers' groups have put pressure on employers
to respect parts of the regulations, particularly those
affecting personal hygiene. With unemployment high, however,
workers are sometimes reluctant to report violations of
occupational safety. While in theory the labor inspection
service of the Ministry of Labor oversees these standards,
there is limited enforcement due to the lack of inspectors.
