A/HRC/28/83 which, once again, occupy much of the northern part of the country. This situation is all the more worrying as the Malian justice system does not provide for any witness or victim protection measures. 49. In response to Malian civil society organizations, the Independent Expert recalls that the confidence-building measures set out in article 18 of the Ouagadougou Preliminary Agreement are no justification for the politically-motivated release of alleged perpetrators of serious human rights violations. Such action is contrary to the international obligations of Mali and undermines the principle of the separation of powers enshrined in article 81 of the Malian Constitution of 25 February 1992. 50. The Independent Expert raised these issues during his meeting with the Minister of Justice and Human Rights, who highlighted the fact that: none of these releases has been decided definitively, as the procedures have not been completed; policy measures have been taken so as not to deprive the persons concerned of their liberty; and the Government will ensure that there is no statute of limitation for crimes committed by those released. The Minister informed the Independent Expert of the Government’s efforts to renew investigations in the north of the country by establishing mobile counselling centres, which should be operational shortly. 51. The Independent Expert welcomes these efforts and the process of rebuilding the National Human Rights Commission so as to bring it into line with the Paris Principles. The Independent expert notes with satisfaction that, on 10 July 2014, and in accordance with article 18 of the Ouagadougou Preliminary Agreement, as well as the ceasefire agreement of 23 May 2014, the Malian Government sent a request for technical assistance to the Secretary-General of the United Nations with a view to the establishment of a commission to shed light on the serious violations of human rights and international humanitarian law committed between 1 January 2012 and the date of the commission’s establishment. Such a commission, if provided with sufficient resources, is likely to give new momentum to efforts towards combating impunity in Mali. 52. The Independent Expert welcomes the appointment, on 9 June 2014, of the Secretary General of the Truth, Justice and Reconciliation Commission, following the adoption, on 20 March 2014, of the government bill to establish the Commission. With a mandate of three years, the Commission is entrusted with the task of shedding light on the serious human rights violations that took place in Mali between 1960 and 2013, as well as of encouraging reconciliation and consolidating national unity and democratic values. 53. Many of the persons consulted have expressed concerns about the independence of the Truth, Justice and Reconciliation Commission, which will come under the Ministry of National Reconciliation; there are also concerns that the Commission was established without prior consultation at a national level with the country’s social and community leaders. There have been reports of a lack of transparency in the process for appointing members of the Commission. It should be noted that, as part of the political negotiations in Algiers, armed groups were invited to participate in the selection process for members of the Truth, Justice and Reconciliation Commission. Bearing that in mind, the Independent Expert draws attention the need to ensure that alleged perpetrators of human rights violations do not end up serving as members of the Commission. 10 GE.15-00252

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents