A/HRC/28/83
communities or vulnerable communities that have not been displaced. Population
movements continue to occur along with the hostilities. The Government encourages
refugees and internally displaced persons to return voluntarily to their regions of origin.
The Independent Expert argues for the safe and dignified return of refugees and internally
displaced persons to their communities.
100. However, the deteriorating security situation in the north, intercommunal violence
and the threat of false accusations discourages people from returning.
G.
The issue of slavery
101. The Independent Expert has received reports of the persistence of slavery in Mali.
Between July and August 2014, the non-governmental organization Temedt, with the
support of the American Bar Association Rule of Law Initiative (ABA ROLI), recorded 35
cases of slavery in the village of Labbezanga and 32 in Gossi. Before the fall of the city of
Gao in 2012, ABA ROLI had managed to provide legal aid to 18 persons in situations of
slavery through the Al Haq Legal Clinic. Given that slavery is not a punishable offence
under the criminal legislation of Mali, eight of the persons who received counsel had filed
complaints for slavery-related offences under the Criminal Code, in particular kidnapping,
unlawful confinement and rape.
102. The Independent Expert notes with concern that the legislative framework of Mali
does not provide for criminal penalties for acts of slavery. Therefore, despite the
promulgation of Act No. 2012-023 on Combating Human Trafficking and Related
Practices, slavery, including descent-based slavery, is still practised, especially in the north
of Mali.
H.
Economic, social and cultural rights
103. The Independent Expert notes with concern that armed groups occupy schools in the
three regions in the north. In late 2014, they held a total of 14 school buildings: 2 schools in
Ménaka; a school in Intilit; a school in Tessalit; a lycée in Kidal; 2 schools in Aguelhok; a
primary school in Tabankort; a school in Lerneb; a school in Boulkessy, occupied by MAA
and HCUA; and 4 new schools in the Gao and Timbuktu regions, occupied respectively by
CPA, MAA (Platform), MAA (Coordination) and the MNLA/HCUA/MAA (Platform) joint
troops. The 4 new schools have just been added to the list of 10 schools already occupied
by MNLA, CPA, MAA (Coordination) and HCUA in the three regions, including Kidal.
104. In December 2014, a MINUSMA contingent moved out of a vocational training
centre that it had occupied since 2013. This situation was likely to infringe on the right to
education of children in northern Mali.
105. The Independent Expert recalls the essential nature of this right, on which all other
rights depend, and notes the progress made in the situation. The start of the school year in
October 2014 was largely observed in the various regions of northern Mali despite
differences in approaches. The schools in the town of Kidal reopened with curricula that are
different from those followed throughout the rest of the country. In the town of Kidal, the
lessons offered are focused on religion, which is a reflection of the decline of secularism in
this part of the country.
106. However, challenges remain, including a lack of safety, which strongly discourages
students from going to schools when they are not occupied by armed groups. Many families
in Kidal have chosen to send their children to Bamako or neighbouring countries to ensure
their access to education.
GE.15-00252
17
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