A/HRC/28/83
IV. Conclusions and recommendations
A.
Conclusions
107. The situation in northern Mali has deteriorated considerably, and the progress
observed by the Independent Expert during his second mission, in February 2014, in
terms of strengthening State authority, deploying the administration in the north and
combating impunity has been called into question as a result of the fighting that broke
out in Kidal from 16 to 21 May 2014. There is a genuine before and after mid-May
2014 in Mali, as the events in Kidal have contributed to moving political lines by
altering the power struggle between the Government and rebel groups.
108. This has had a significant impact on the situation of human rights in the
country. There is a striking contrast between the marked decrease in cases of
violations of the right to life attributable to Malian armed forces and the significant
increase in serious violations of human rights and international humanitarian law
committed by armed groups in the north of the country. The rape of minors by some
members of the Malian armed forces is the main concern.
109. Extremist armed groups present in the north of Mali have been involved in
serious human rights violations, including violations of the right to life, cruel,
inhuman or degrading treatment, abductions, unlawful detention, recruitment and
use of children by armed groups, suicide and asymmetrical attacks and looting.
110. The ongoing political dialogue in Algiers carries with it the seeds for a
negotiated solution to the Malian crisis provided that this is not to the detriment of
victims of serious human rights violations. There is an African proverb which goes:
when elephants fight, the grass (reeds) gets hurt. In the case of Mali, the grass
symbolizes the victims who have paid a high price during the crisis and feel excluded
from political and judicial processes that are favouring the very political players who
are the cause of their troubles.
B.
Recommendations
111.
The independent expert recommends that the Malian authorities should:
(a)
Provide the State with the necessary means to protect civilians from
attacks by armed groups in accordance with human rights and international
humanitarian law;
(b)
Create a political environment that is conducive to the effective and
sustainable return of State authority to the northern regions in order to facilitate
people’s access to basic social services and bring about economic progress in these
regions;
(c)
Strengthen the fight against impunity by precluding any amnesty for
international crimes, including sexual violence and the recruitment of children into
armed groups, and continue to cooperate with the International Criminal Court, in
accordance with the Rome Statute;
(d)
Adopt a decree to bring into force Act No. 2012-025 of 12 July 2012 on
Compensation of Victims of the Rebellion of 17 January 2012 and the Insurrectionary
Movement of 22 March 2012;
(e)
Meet the requests of the association of parents and spouses of the “red
beret” soldiers killed on duty, in particular the request for funerals to be arranged,
18
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