A/HRC/23/57
12.
The continuing control over the Kidal region exercised by MNLA constitutes a
break in the constitutional order and a major obstacle to the enjoyment of human rights in
the region, especially in view of the organization’s past and its links with armed groups
such as AQIM, MUJAO and Ansar Dine which controlled the north of the country before
the French and African forces intervened. According to witness reports, there have been
numerous human rights violations attributable to MNLA in Kidal, including physical
assaults, unlawful arrests and arbitrary detentions. Frequently the victims are Tuaregs, who
are perceived as being close to factions opposed to MNLA, in favour of unity in Mali and
supportive of the Government in Bamako.
13.
The State of Mali’s lack of effective sovereignty in the Kidal region also threatens to
undermine the exercise of citizens’ right to participate in the conduct of public affairs,
notably through elections. Specifically, if the Malian authorities do not have safe access to
Kidal prior to the elections, there is a serious risk that elections will not take place in Kidal
or that, if they do, they will be marred by irregularities that compromise its peoples freedom
of expression.
14.
Given the symbolic importance of Kidal and the tense security climate reigning
there, it is vital that the Malian Defence and Security Forces’ entry into Kidal, when it
occurs, is properly monitored and that the army’s presence in the town is supervised, in
order to prevent the risk of misconduct and human rights violations being committed
against persons suspected of having supported MNLA and the secession of the north of
Mali.
C.
Extension of the state of emergency
15.
In order to conduct military operations in the north of the country, the Government
of Mali declared a nationwide state of emergency on 13 January 2013 lasting for a period of
10 days. The state of emergency was then extended until 22 April 2013, in conformity with
article 72 of the Constitution. The Government subsequently asked the National Assembly
to extend the state of emergency a second time, until midnight on 6 June 2013, on the
grounds that the objectives set in the initial declaration had not yet been achieved.
16.
As established in the 1992 Constitution and regulated by Act No. 87-49 of 4 July
1987, the declaration of a state of emergency must be a response to an “imminent danger
resulting from serious infringements of public order”, “subversive actions which
compromise national security” or “events which, by virtue of their nature or seriousness,
constitute a public disaster”. A state of emergency entails the implementation of measures
derogating from ordinary law that are theoretically dictated by the exceptional
circumstances and could potentially impede respect for human rights and civil liberties. For
example, the administrative authorities are empowered to restrict or prohibit the movement
of people and vehicles in certain places and at certain times, to place under house arrest any
person whose actions are deemed a threat to security or public order and to order the
temporary closure of public places.
17.
In the current scenario, in which military operations in the north are coupled with an
increasingly fragile political situation and imminent elections, it is important to remain
vigilant as to the way in which the political, administrative and military authorities apply
the powers vested in them under the state of emergency. In meetings with human rights
observers, certain authorities affirmed that things that people might write during “normal
times” might be prohibited and penalized during a state of emergency. Some officials also
invoked the state of emergency as justification for the arrest without warrant and
6
GE.13-15228
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