A/HRC/31/76
reform the National Human Rights Commission with a view to bringing it into
line with international standards.
90. With regard to the Agreement on Peace and Reconciliation, the Independent
Expert wishes to highlight the provisions relating to the prohibition of amnesty
and the non-applicability of statutory limitations to war crimes, as well as those
relating to reform of the justice system and the promotion of economic and social
rights. He wishes to reaffirm that, until the fight against impunity for current and
past crimes is pursued effectively, it will be difficult to establish a lasting peace in
Mali.
B.
Recommendations
91. The Independent Expert reiterates the recommendations contained in his
previous report and makes the recommendations set out below.
92.
The Independent Expert recommends that the Malian authorities should:
(a) Ensure that any measures taken to combat terrorism comply with the
obligations of the authorities under international law, including international
humanitarian law and international human rights law, in particular the
principles of precaution, distinction and proportionality;
(b) Ensure that, in any case in which there is a plausible indication from
any apparently reliable source that civilians have been killed or injured in a
counter-terrorism operation, the relevant authorities conduct a prompt,
independent and impartial fact-finding inquiry, and provide a detailed public
explanation;
(c) Combat impunity, in particular with regard to members of the security
forces: implement a zero-tolerance policy toward sexual violence and other
serious human rights violations and publicly condemn all acts of rape committed
by security forces. Conduct investigations of suspects, including officers with
command responsibility, prosecute and impose severe penalties on any member of
the security forces who has committed or ordered rape or tolerated other human
rights violations, and prosecute and punish officers with command responsibility
for serious human rights violations;
(d) Denounce publicly and unequivocally all forms of violence against
women, including spousal abuse, marital rape and sexual harassment witho ut
invoking any custom, tradition or religious consideration to justify or excuse such
violence. Investigate and prosecute with due diligence all cases of violence against
women in the family or community;
(e) Ensure that the needs of the judiciary and the court system are
accorded a high level of priority in the allocation of resources and that a
minimum fixed percentage of gross domestic product is allocated to the judiciary;
(f) Pay special attention to ensuring the security of judges, in particular
the adoption of preventive security measures for increased protection of judges
handling cases of large-scale corruption, organized crime, terrorism, crimes
against humanity, or any other cases exposing them to higher risk;
(g) Support transitional justice mechanisms and the revision of the decree
establishing the National Human Rights Commission and provide guarantees
regarding the right to reparation and the non-repetition of violations.
93.
GE.16-00837
The Independent Expert recommends that the armed groups should:
17/18
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