A/HRC/43/76
public hearings. It was planning to hold the first public hearing on 8 December 2019 and
the second at the beginning of 2020. Originally, the Commission had a three-year mandate
to help establish lasting peace. On 20 September 2019, the Council of Ministers extended
that mandate to December 2021. The mandate now covers human rights violations
committed between 1960 and 2019.
24.
On 23 January 2018, the Secretary-General of the United Nations announced the
establishment of the International Commission of Inquiry for Mali, which had been
requested by Malians and is provided for in the Agreement on Peace and Reconciliation in
Mali. The Commission will carry out inquiries into human rights violations committed
between 2012 and the date of its establishment. Staff have been recruited for the
Commission’s secretariat and a team has begun its investigative work. The members of the
International Commission of Inquiry conducted a second visit to Mali from 25 February to
12 March 2019. They visited several regions: Gao, Kidal, Mopti and Timbuktu. The
Independent Expert is pleased to note that, on 14 October 2019, the Secretary-General
authorized the extension of the Commission’s mandate to 19 June 2020.
25.
The Independent Expert notes that, by its resolution 2484 (2019), the Security
Council renewed until 31 August 2020 the sanctions regime it had established in September
2017 by its resolution 2374 (2017) of 5 September 2017. The Independent Expert recalls
that this regime includes a travel ban and asset freeze on individuals and/or groups that
threaten the peace, security or stability of Mali; the measures also target individuals or
groups who decide to engage in hostilities in violation of the Agreement on Peace and
Reconciliation in Mali, obstruct the delivery of humanitarian assistance, or direct or commit
acts that violate international human rights law or international humanitarian law. The use
and recruitment of children are among the activities mentioned. The mandate of the Panel
of Experts established pursuant to resolution 2374 (2017) was also extended until 30
September 2020 by resolution 2484 (2019); the Panel should produce a midterm report no
later than 29 February 2020 and a final report no later than 15 August 2020, and provide the
Security Council with periodic updates in the meantime, as appropriate. In December 2018,
three persons were subject to sanctions and, in July 2019, the names of five Malian
nationals were added to the list of individuals subject to measures imposed pursuant to
resolution 2374 (2017). No asset freeze had been imposed. Only travel bans have been put
in place.
26.
The Independent Expert has learned that some progress had been made in the
implementation of the human rights and international humanitarian law compliance
framework of the Joint Force of the Group of Five for the Sahel (G5 Sahel), with the
support of the Office of the United Nations High Commissioner for Human Rights and
other partners. A status-of-forces agreement for the Joint Force, to ensure compliance with
international legal standards, including on the capture, detention and transfer of prisoners,
was approved by the Defence and Security Commission in June 2019 and should now be
submitted to the G5 Sahel countries for approval. The full implementation of the
compliance framework would help to mitigate the risk of violations by the Joint Force
during counter-terrorism operations and thus improve civilian security.
27.
The Independent Expert notes with satisfaction that, on 30 September 2019, the
International Criminal Court confirmed charges of war crimes and crimes against humanity
against Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud and committed him to trial.
The Independent Expert recalls that Al Hassan, who is accused of having participated in
2012 and 2013 in the demolition of mausoleums in the town of Timbuktu and of being
responsible for rape and sexual slavery committed in the context of forced marriages, was
handed over to the International Criminal Court by the Malian authorities in March 2018.
The Independent Expert welcomes the statement by the Prosecutor of the Court in
connection with the massacre of 23 March 2019, in which she strongly condemned the
crimes and called on all parties to refrain from resorting to violence. She added that, in
complementarity with the national criminal justice system in Mali, her Office would take
all necessary steps to ensure that persons who had participated in or contributed to alleged
crimes that may fall under the jurisdiction of the International Criminal Court should be
prosecuted. She recalled that any person who incites violence or engages in acts of
violence, including by ordering, requesting, encouraging or contributing in any other
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