A/HRC/40/77
equal justice, to receive reparations and to find out the truth concerning those violations.
Because of ambiguities in the bill regarding its temporary applicability, the definitions of
offences for which there can be no amnesty and the extremely short period allowed for
investigations (from 8 to 15 days), there is a risk that persons responsible for serious
violations and abuses might be included in an amnesty. At the time of writing, the bill had
not yet been presented to the National Assembly.
20.
Unfortunately, as mentioned in previous reports, no significant improvements have
been made in the criminal justice system. Most perpetrators of abuses and violations of
human rights and international humanitarian law go unpunished. There are several reasons
why impunity continues to prevail in Mali. However, the Independent Expert wishes to
reiterate that the Government has made a commitment to end impunity by signing the
Agreement on Peace and Reconciliation in Mali. The Independent Expert would like to see
a strategy put in place, along with a budget sufficient to tackle the problem. He is
concerned by the limited extent to which resources have been mobilized and the fact that
the judges’ strike, which had already lasted for two months at the time of his visit,
paralysed the justice system. After three months of strike action, the judges resumed their
work in November. Nonetheless, other factors continue to undermine victims’ trust in the
justice system.
21.
The Independent Expert welcomes the adoption in 2014 of a law on the prevention
and punishment of illicit enrichment but is concerned by allegations concerning ongoing
corruption in Mali. This situation damages the credibility of the Government in the eyes of
the population. The perception that persons involved in corrupt activities enjoy a degree of
impunity is a matter of concern. The authorities should provide information on the impact
of the measures taken to combat corruption and assure people that concrete measures will
be taken to tackle the root causes of corruption effectively.
22.
In a previous report, the Independent Expert welcomed the fact that the National
Human Rights Commission complies with the principles relating to the status of national
institutions for the promotion and protection of human rights (Paris Principles). 1 This
Commission has a strong mandate for the protection and promotion of human rights which
includes the authority to consider individual complaints; it is also the national mechanism
for the prevention of torture. The Independent Expert observes that the Commission now
has an adequate budget, that its representatives have made visits to detention centres and
that it plans to open regional offices.
23.
The Independent Expert welcomes the progress made in furthering the work of the
Truth, Justice and Reconciliation Commission. The initial one-year period set aside for
gathering statements began on 3 January 2017. At the time of writing, the local offices of
the Truth, Justice and Reconciliation Commission had taken 9,300 statements, of which
6,982 had been entered into the database. The Commission plans to continue to take
statements until the end of its mandate and is now finalizing an investigation strategy. The
Commission has also begun consultations with victims with a view to developing a
reparations policy in line with their needs, including the needs of vulnerable groups, women
and children.
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 envisioned in the Agreement on Peace and Reconciliation in
Mali of 2015. He is pleased to note that the staff for the Commission’s secretariat has been
recruited and that a team has begun its investigative work. The Chair and the members of
the Commission travelled to New York and Bamako from 22 October to 2 November 2018
to attend introductory sessions and officially launch the work of the Commission. The
Independent Expert is gratified to learn that the parties have promised to cooperate with the
Commission and facilitate its work and notes that the Commission is now operational
thanks to the combined efforts of MINUSMA and OHCHR. He welcomes the
establishment of this transitional justice mechanism, which will play a critical role in the
1
6
A/HRC/34/72, para. 80.
GE.19-00939
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