A/HRC/40/77
51.
The Independent Expert notes with concern that practices that are harmful to women
and girls, such as polygamy, early and forced marriage and female genital mutilation, are
still widespread. These issues have been raised repeatedly, and it is a matter of concern that
these practices are not prohibited by law. He acknowledges the efforts made by the
Government and the United Nations system to combat these harmful practices but would
like to stress the need to establish a protective legal framework.
D.
The situation of children
52.
The Independent Expert is concerned about the devastating consequences and
disproportionate impact that instability in Mali is having on children. For example, on 1
July 2018, in an attack for which the Group for the Support of Islam and Muslims claimed
responsibility, an improvised explosive device exploded in a vehicle near an Operation
Barkhane convoy in the city of Gao, killing at least 4 civilians (including a 15-year-old girl)
and injuring at least 21 others. Four children were seriously injured (a 10-month-old baby, a
6-year-old boy, a 10-year-old boy and a 15-year-old girl). Children thus continue to be
direct and indirect victims of the violence in Mali.
53.
In 2017, the Child Protection Section of MINUSMA recorded at least 378 serious
violations of children’s rights, but in the first half of 2018 the number of verified violations
had increased significantly, with 98 child victims of 249 serious violations, including the
recruitment and use of children, killing and/or mutilation, sexual violence, abduction,
attacks on schools and hospitals, and denial of access to humanitarian aid. In addition, it is
reckoned that serious violations of children’s rights are underreported for several reasons,
including the difficulty of verifying them, the impunity enjoyed by perpetrators, the
difficulty of gaining access to some geographical areas and the limited means of protection
for parties involved in the protection of children’s rights, insecurity in the areas covered,
fear of reprisals, the lack of protection for victims and witnesses and the insufficient
provision of services to victims. The situation is only getting worse.
54.
The Independent Expert notes with concern that the Child Protection Code has never
entered into force and that shortcomings are to be observed in the country’s implementation
of the main international conventions on children’s rights to which it is a party. The
Independent Expert wishes to underscore the need to put in place the appropriate legal and
institutional framework.
55.
The Independent Expert is very concerned about the impact of the activities of
extremist groups that impose a strict religious ideology and have ordered the closure of
many secular educational institutions. The situation with regard to education, with the
closure of 716 schools and more than 2 million children not in school, is therefore critical.
In addition, violent extremist armed groups have banned all sporting and cultural activities.
The Independent Expert is deeply concerned about the events of 1 November 2018, when
suspected members of the Group for the Support of Islam and Muslims and similar groups
reportedly ordered the closure of some 20 schools, including schools in 9 villages in
Koulikoro Region, near Bamako.
E.
Refugees and internally displaced persons
56.
The Independent Expert notes that, as at 31 July 2018, there were 140,895 refugees
in the country. He also notes with concern that, reportedly, the number of internally
displaced persons nearly doubled in the first eight months of 2018, from 38,100 in
December 2017 to 75,350 in August 2018. This dramatic increase is largely the result of
intercommunal conflict, a lack of security and the risk of possible clashes between armed
groups. This upward trend has been more pronounced in Ménaka, Mopti and Timbuktu
Regions. The circumstances surrounding displacements in Mali remain complex.
57.
The Independent Expert is concerned about the situation of migrants expelled from
Algeria who allegedly were subjected to ill-treatment when they were apprehended and
held by the Algerian authorities. He was informed of the expulsion in April 2018 of five
migrants from Algiers who were then temporarily settled in Gao pending transfer to
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