A/HRC/37/78
justice system. The Independent Expert notes that this only underscores the pressing
need to restore the authority of the State in Mali. In the absence of a formal judicial
authority, justice is administered by the cadi courts, which are composed of religious
leaders and customary judges.
68.
In his report, the Independent Expert referred to a number of serious incidents
in which humanitarian actors were targeted. It should also be recalled that attacks
against humanitarian actors violate customary international law and international
humanitarian law. These cowardly attacks affect the delivery of humanitarian
assistance to vulnerable population groups.
69.
The Independent Expert would like to emphasize the fundamental role of
respect for human rights in the peace process and in the fight against terrorism in the
Sahel, including in the deployment of the G5 Sahel joint force. The Independent
Expert stresses that attacks against United Nations agencies and humanitarian actors,
as well as obstructions to humanitarian activities, both of which amount to war
crimes, must cease.
70.
The Independent Expert commends civil society for its crucial role in drawing
the attention of the international community to a range of issues, including impunity,
and for its efforts to create a real citizen-led movement for holistic change in the
country, particularly in the fight against the radicalization of young people and
violent extremism.
B.
Recommendations
71.
The Independent Expert reiterates his previous recommendations and puts
forward the recommendations set out below.
72.
The Independent Expert recommends that the Malian authorities should:
(a)
process.
Improve the participation of women in the mechanisms of the peace
(b)
Conduct prompt and impartial investigations into all cases of violations
and abuses of human rights allegedly committed in their territory, including
allegations against the Malian armed forces, and ensure that human rights
conventions and the Rome Statute are included in training programmes for judges,
lawyers and prosecutors.
(c)
Undertake a legislative reform to extend, on a temporary basis, the
competence of the judicial unit specializing in combating terrorism and transnational
crime to include cases of grave violations and abuses of human rights and of
international humanitarian law in areas where the security situation is not conducive
to the redeployment of judicial services. Such a reform would resolve the conflict of
jurisdiction between the Court of First Instance of Commune III and the courts in the
northern regions while ensuring the more expeditious processing of cases of violations
and abuses of human rights and international humanitarian law.
(d)
Encourage the deployment of members of the gendarmerie, as a judicial
police force, to work alongside the Malian armed forces to ensure that the rights of
arrested persons are guaranteed and that their detention conditions are in conformity
with international human rights principles.
(e)
Provide the National Human Rights Commission with the necessary
funds to enable it to become fully operational and to fulfil its role as the national
torture prevention mechanism.
73.
The Independent Expert recommends that armed groups should:
(a)
Duly note the provisions of international human rights law and
international humanitarian law on the rights of the child and, in particular, the
involvement of children in armed conflict, which stipulate that armed groups should
GE.18-01553
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