A/HRC/37/78
III. The human rights situation
A.
Civil and political rights
34.
The Independent Expert notes with satisfaction the commitment of Mali to
respecting human rights. Mali has ratified nine core international human rights instruments
and six optional protocols. He welcomes the adoption by Mali of a national policy on
transitional justice, a national human rights policy and a national gender policy, as well as
the rebuilding of the National Human Rights Commission. The establishment of a new
ministry for human rights in April 2017 constitutes yet another important step towards
improving the human rights situation in the country.
35.
However, the human rights situation in the central and northern parts of the country
is still marred by widespread abuse and serious violations of human rights committed by a
multitude of actors. The state of emergency in Mali, which had been in effect almost
continuously since the deadly attack on the Radisson Blu hotel in Bamako in November
2015, was extended for another year as of 31 October 2017.
1.
Human rights violations committed by the Malian armed forces
36.
Several human rights reports (including a recent report by Human Rights Watch on
human rights violations committed during the operations of the Malian armed forces in the
commune of Mondoro between May and June 2017) refer to serious violations of
international human rights law and international humanitarian law, including summary
executions committed during counter-terrorism operations by members of the armed forces
of the country’s sixth military district. The Malian armed forces stand accused of
summarily executing at least 13 individuals, who were found in four mass graves located in
the central part of the country.
37.
The counter-terrorism operations conducted by the Malian defence and security
forces in this region have led to summary executions, enforced disappearances, torture, illtreatment and arbitrary arrests. The majority of the victims belonged to the Fulani
community. The Human Rights and Protection Division of MINUSMA has verified the
alleged summary execution of 13 individuals, the majority of whom belonged to the Fulani
community, by the Malian defence and security forces in Douentza cercle between
December 2016 and October 2017.
38.
During the counter-terrorism operations conducted by the Malian armed forces in
May and June 2017, at least 43 people were subjected to enforced disappearance, and at
least 30 people were tortured (10 of whom were subjected to a mock execution) or illtreated. The Human Rights and Protection Division of MINUSMA has been able to
determine the ethnic origin of 106 of the 112 persons questioned during the five waves of
arrests that followed, 100 of whom (94 per cent) were Fulani.
39.
The Independent Expert is particularly concerned about an incident that took place
on 2 May 2017 where members of the Malian armed forces reportedly arrested and
detained 17 persons belonging to the Fulani community, including 2 women, during an
operation in Mopti Region. Four of the suspects reportedly died while they were being
transferred from Mopti to Sévaré. This case raises concerns over other suspects who have
died in the custody of the Malian armed forces.
40.
The Independent Expert was informed of possible cases of excessive use of force by
the Malian security forces. He was also informed of the death of a lorry driver and of the
condition of three other civilians who were injured during a police operation in Bamako
Region. On 15 April 2017, a Malian police officer allegedly assaulted a lorry driver at a
checkpoint. Civilian bystanders then retaliated by attacking the police officer. As the police
officer was running away, the crowd redirected the attack towards the police station located
in the thirteenth district in Bamako. The tear gas and live ammunition used by the security
forces to disperse the crowd reportedly claimed other victims. The Independent Expert was
also informed of the case of two men who were killed by a gendarme in Mopti Region on
the night of 30/31 March 2017. Although the gendarmerie launched its own investigation
8
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