A/HRC/34/72
Fulani community). He is concerned by the claim that the gendarmerie did not investigate
this incident. This situation has demoralized the local population and raised concerns about
the State’s readiness to protect civilians in the region.
57.
The Independent Expert has been informed of other reprisals and tensions between
the various groups, resulting in an embargo on the purchase of goods from opposing groups
and seizure of their land. Measures of this kind have sometimes specifically targeted
members of the Fulani community, who are suspected of encouraging and supporting
terrorist attacks. Holding a reconciliation forum like the one described below could be an
effective way to diffuse tension in this type of situation.
58.
As regards measures taken to reduce these tensions between communities, the
Independent Expert would like to mention the reconciliation forum that was held in Niono
cercle, in Ségou, on 2 and 3 June 2016. This two-day forum was attended by over 800
persons, including the Prefect of Tenenkou cercle, the Mayor of Kareri, the head of the
village of Malemana (accompanied by a delegation of more than 30 persons), the Governor
of the region of Ségou, as well as representatives of civil society and of the Malian
Government (Ministry of National Reconciliation and certain members of parliament). At
the end of this event, the authorities of the commune of Kareri and the Bambara delegation
from Malemana, led by the head of the village, apologized to the head of the village of
Nampala and the victims’ families that were present. A resolution was adopted to enable
members of the Fulani and Bambara communities to move freely within the commune of
Kareri. In addition, a recommendation was adopted regarding the prosecution of the
perpetrators.
C.
The situation of women
59.
The Independent Expert has always paid special attention to the issue of violence
against women. During his mission to Timbuktu, he spoke with victims in the region,
whose access to legal remedies has not yet significantly improved. Only 12 women victims
of sexual violence have been heard at the Bamako counter-terrorism unit, with support from
the fund for access to justice and protection of victims and witnesses, administered by the
Malian Human Rights Association and the International Federation for Human Rights
Leagues. These organizations continue to speak out against the delays in legal proceedings.
The Independent Expert has been informed that the Association des victimes de la
répression des mouvements armés has filed three complaints with the Timbuktu Tribunal
de Grande Instance (court of major jurisdiction) since 2015. However, according to those
in charge of the Association, the court has taken no steps to investigate these complaints.
The distant location of the only court that is competent to hear the victims, which is in
Bamako, at the Commune III counter-terrorism unit, presents a significant impediment for
the fight against impunity.
60.
The Independent Expert has interviewed many victims, who have not filed
complaints for fear of reprisals or stigmatization; this is another factor that contributes to
impunity in the current situation in Mali. He wishes to emphasize that the decision to
release the perpetrators of these violations, such as Houka Houka, a former Islamic judge,
and Mohamed Mossa, the former Islamic police chief in charge of morality in the city of
Timbuktu, who continue to live in the region, was not consistent with efforts to protect the
rights of victims to justice and reparation.
61.
As regards medical and psychosocial treatment and the socioeconomic reintegration
of victims of conflict-related sexual violence, facilities are inadequate in Mali, especially in
the north. With that in mind, the Independent Expert commends two initiatives financed by
the MINUSMA quick impact project in Goundam and Timbuktu, and similar projects
supported by national and international civil society that promote the economic
empowerment and social reintegration of women affected by the conflict.
62.
The Independent Expert notes that there is still no law on combating gender-based
violence and that women continue to be at risk on account of such violence and harmful
practices such as female circumcision, early and forced marriage, sexual slavery and rape.
12
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