A/HRC/25/72
2.
Non-judicial mechanisms
37.
On 6 March 2013, the Transition Government established a Dialogue and
Reconciliation Commission with a two-year mandate to identify the political and social
forces concerned by the dialogue and reconciliation process as well as armed groups
eligible to participate in that dialogue in conformity with the roadmap for the transition,
register cases of human rights violations committed in Mali between the commencement of
hostilities and the complete recovery of control over the country, and propose any measures
likely to help the victims overcome their traumatic experiences.
38.
Many persons who met with the independent expert expressed reservations about the
procedure for the establishment and composition of the Dialogue and Reconciliation
Commission. The procedure was criticized for being carried out unilaterally, without the
participation of civil society or the victims of human rights violations and without a request
for the technical assistance of partners such as the Office of the United Nations High
Commissioner for Human Rights, despite the Office’s presence in Mali and its recognized
expertise in the field.
39.
The independent expert is pleased to note that the new Government has become
aware of the importance of reforming the Dialogue and Reconciliation Commission, and he
welcomes the efforts by the Malian authorities to give the Commission fresh impetus. The
Ministry for the National Reconciliation and Development of the Regions of the North has
been mandated to define and implement a strategy of coexistence based on equity and
justice. In the course of the meeting with the authorities, the independent expert drew their
attention to the need for the Commission to put greater focus on the truth dimension, to
place the victims at the centre of the process and to adopt a participatory approach in order
to enhance the new Commission’s legitimacy.
40.
On 13 December 2013, the Council of Ministers restructured the Commission,
adopting bills for the establishment, organization and functioning of the Truth, Justice and
Reconciliation Commission. According to the communiqué of the Council of Ministers of
13 December, the Truth, Justice and Reconciliation Commission will take into account the
dimensions of truth and justice and will contribute to establishing a lasting peace by
seeking truth, reconciliation and the consolidation of democratic values.
III. The human rights situation
A.
1.
Civil and political rights
Human rights violations committed by the Malian armed forces
41.
In the course of the period under consideration, the independent expert received
reports of human rights violations, including summary executions, enforced
disappearances, rapes, looting, arbitrary arrests and detentions, and torture and cruel,
inhuman and degrading treatment perpetrated by the Malian armed forces against the civil
population in the north, mainly members of the Arab and Tuareg communities of the
regions of Kidal, Gao and Timbuktu.
42.
On 30 September 2013, a mutiny broke out at the Kati military barracks, started by a
dissident group belonging to the former Comité national pour le redressement de la
démocratie et la restauration de l’État (National Committee for the rehabilitation of
democracy and the restoration of the State), which included members of the junta. The
mutineers demanded promotions and material benefits for the soldiers who had participated
in the coup of 22 March 2012 as well as the revocation of General Sanogo’s status. The
mutineers wounded a colonel whom they had abducted and threatened with their weapons.
GE.14-10118
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