A/HRC/34/72
of human rights violations, including State agents, are systematically investigated and
prosecuted.
85.
The Independent Expert notes that it is absolutely vital to restore the authority
of the State in Mali. He has been informed that in the commune of Djebock in Gao,
the Groupe d’autodéfense des Touaregs Imghad et leurs alliés operates a detention
centre, to which the Human Rights and Protection Division of MINUSMA was refused
access in May. On the other hand, a leader of the Groupe d’autodéfense des Touaregs
Imghad et leurs alliés has reportedly been appointed to resolve trade disputes and
disagreements through mediation and friendly negotiations, while a marabout in
Tamkoutat has been given jurisdiction over criminal matters. The marabout is
supposed to resolve such matters in accordance with the sharia. The Independent
Expert was already aware of the involvement of traditional or religious “judges” who
review civil, judicial and religious matters in accordance with Islamic law in certain
regions of Gao where there are no secular judicial authorities. In areas controlled by
armed groups, these traditional judges can hardly be said to be truly independent.
86.
The Independent Expert notes that international partners are committed to
helping to build the capacities of Malian institutions with respect to human rights
protection. The efforts made in Mali by MINUSMA, the United Nations country team
and other actors are encouraging. They are working to help protect civilians and
restore State authority and to combat chronic malnutrition. This support is also
available at the regional level, especially through the work of the Group of Five for the
Sahel, the Economic Community of West African States and the African Union. Other
positive signs include the unbroken ceasefire since mid-September and a decrease in
the numbers of human rights violations and abuses in recent months. The
Independent Expert urges all parties to the peace agreement to renew their
commitment to implementing it fully, and in particular its provisions relating to
human rights.
B.
Recommendations
87.
The Independent Expert reiterates his previous recommendations and puts
forward the recommendations set out below.
88.
The Independent Expert recommends that the Malian authorities should:
(a)
Take steps to ensure that the counter-terrorism unit of Commune III is
operational outside the capital, enabling victims to be heard and to exercise their right
to justice, and helping to combat impunity;
(b)
Ensure the transparency of investigations, disciplinary procedures and
proceedings concerning members of security forces who are alleged to have been
involved in human rights violations. The Ministry of Defence and the security forces
should keep records and publish regular reports on allegations of human rights
violations and abuses committed by soldiers and on the number of soldiers subject to
disciplinary or legal action;
(c)
Take all possible measures to ensure that the growth in gross domestic
product leads to a proportional decrease in the poverty rate. The Independent Expert
recommends that no effort be spared by the Government in this regard;
(d)
Make sure that the parliamentary network for the defence of human
rights liaises with NGOs and other national human rights actors and political parties
to raise awareness and develop human rights information strategies. In particular, the
network should make full use of the parliamentary procedure to carry out its human
rights monitoring role;
(e)
Make sure, in collaboration with the international forces, that all
measures taken by these forces are in conformity with their obligations under
international law. In this connection, the Independent Expert commends the Malian
16
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