A/HRC/34/72
commissioners, including five representatives of armed groups, were appointed by the
Council of Ministers. The enlargement of the Commission from 15 to 25 members had been
envisaged in the decree of the Council of Ministers of 31 December 2015. The Independent
Expert is concerned about the lack of transparency in the negotiations that led to the
appointment of those 10 new members. Nine of the 25 commissioners are representatives of
the armed groups. The Independent Expert welcomes the steps taken by the United Nations
with a view to the operationalization of the Commission and notes that the Human Rights
and Protection Division, in collaboration with the United Nations Entity for Gender
Equality and the Empowerment of Women (UN-Women), is developing training modules
to build capacity in the fight against conflict-related sexual violence. The effective start
date for statement-taking activities has been announced as 1 December 2016. The
Independent Expert wishes to emphasize that the Commission needs to put in place a more
dynamic communications policy, since many of the persons he spoke with in Timbuktu said
that they had been neither consulted nor involved in the process during the field visit of the
Commission’s delegation.
35.
The Independent Expert welcomes the information exchange mechanism established
in April between the Office of the Director of the Human Rights and Protection Division
and the Ministry of Justice and Human Rights. Through this mechanism, the Human Rights
and Protection Division submits cases of violations documented by human rights officers,
and the Ministry issues responses, ensures follow-up and gives updates on corrective
measures taken. The establishment of a human rights directorate within the Ministry,
following the adoption of a national human rights policy on 7 September, is a positive
development. The Independent Expert was able to verify that information is also exchanged
between the Human Rights and Protection Division and judicial bodies at the regional level.
36.
The Independent Expert welcomes the enactment on 17 July 2016 of the law
establishing the National Human Rights Commission in Mali, which conforms with the
principles governing national human rights institutions. The Commission will play an
advisory role on human rights issues vis-à-vis the Government and parliament. The
Independent Expert encourages this new body to take the appropriate steps for its
accreditation by the Subcommittee on Accreditation of the International Coordinating
Committee of National Human Rights Institutions. He hopes that close collaboration with
the Network of Malian Parliamentarians for the Defence of Human Rights will lend
impetus to the adoption and implementation of national policies and strategies for the
promotion and protection of human rights in Mali.
37.
The Independent Expert welcomes the opening in September 2016 of the historic
trial of Ahmad Al Faqi Al Mahdi, the former head of Islamic morality police, at the
International Criminal Court. On 27 September 2016, Al Mahdi was found guilty of a war
crime for organizing the destruction of religious and historic buildings in Timbuktu in June
and July 2012, and was sentenced to 9 years’ imprisonment. The Independent Expert hopes
that the trial will send a strong message against the looting and destruction of the cultural
heritage throughout the world. However, he would also have wished to see Al Mahdi
prosecuted in addition for crimes he was reported to have committed against civilians
during the occupation of Timbuktu in 2012.
38.
The Independent Expert wishes to congratulate civil society for the initiatives taken
in the fight against impunity, in particular the drafting of a bill concerning the protection of
witnesses and victims and support for victims’ proceedings before the courts.
III. Human rights situation
A.
Civil and political rights
39.
The Independent Expert has received reports of incidents that have had a negative
impact on human rights and the security situation, including asymmetric attacks on
MINUSMA and the Malian forces, serious violent crime, use of improvised explosive
devices and attacks on humanitarian relief organizations.
8
GE.17-02058
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