A/HRC/31/76
persons who spoke to the Independent Expert were of the view that the appointment of
the President of the Commission had been made without any consultation with the
armed groups, who are nonetheless parties to the Agreement on Peace and
Reconciliation, or civil society. The procedure for appointing commissioners remains
unclear, even though letters were sent to civil society, the armed groups and religious
representatives inviting them to submit the names of candidates. Given that there was
no national consultation before the Commission was established, the Independent
Expert considers that a communication strategy should be put in place in cooperation
with the public in order to initiate a genuine awareness-raising policy.
34. The Independent Expert welcomes the holding of the international conference on
the role and complementarity of the various mechanisms involved in the transitional
justice process in Mali that took place from 29 June to 1 July 2015 under the auspices
of the Ministry of Justice and Human Rights and the Human Rights Division of
MINUSMA. Several recommendations were made in the course of the conference, in
particular regarding the drafting of a national strategy document on transitional
justice.
35. In his previous report (A/HRC/28/83), the Independent Expert welcomed a
number of initiatives, including the process of rebuilding the National Human Rights
Commission so as to bring it into line with the principles relating to the status of
national institutions for the promotion and protection of human rights (Paris
Principles). He encourages the Government of Mali to move forward with this project
because an independent, operational institution could form t he basis of an effective
national human rights protection system.
36. The Independent Expert welcomes the appearance of a former head of the
Islamic police of the Ansar Eddine terrorist group, Ahmad Al Faqi Al Mahdi, before
the International Criminal Court. He notes that this person is the first jihadi to be tried
as part of an investigation by an international court. This individual is also the first
suspect prosecuted by the International Criminal Court for the destruction of religious
buildings and historic monuments; the Independent Expert would like to see him
prosecuted for the crimes that he allegedly committed against civilians. As to an
international commission of inquiry, no action has been taken by the United Nations
since the Government of Mali submitted an official request in that connection to the
Secretary-General of the United Nations on 10 July 2014.
37. The Independent Expert welcomes the initiatives taken by civil society to fight
impunity. The Independent Expert met members of Réseau Média et droits de
l’homme (Media and Human Rights Network), a coalition of journalists formed a few
months ago with a view to raising public awareness of human rights. Another
organization, the Association des jeunes avocats du Mali (Association of Young
Lawyers in Mali), has sought support from MINUSMA to enable its members to
provide legal assistance to victims in the northern part of the country, where there are
no lawyers.
III. The human rights situation
A.
Civil and political rights
38. In the past seven months, the Human Rights Division has carried out special
investigative missions in the four regions affected by the situations mentioned above
(Timbuktu, from 13 to 17 April and from 23 to 30 April; Tin Hama, on 21 and 22 May;
Fakola from 17 to 21 August; and Anéfis, on 27 August and 10 and 11 September).
The purpose of these missions was to verify allegations of human rights violations by
8/18
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