Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/MALI.TXT

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TITLE:  MALI HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                              MALI


Mali has a constitutional Government headed by Prime Minister
Ibrahim Boubacar Keita.  In the country's first democratic
elections in 1992, which were judged to be free and fair by
international observers, citizens ratified a new Constitution
and elected the National Assembly and President Alpha Oumar
Konare as Head of State.  These elections completed a 14-month
transition following the 1991 overthrow of the Moussa Traore
regime.

Violent student demonstrations flared up in February against
government restrictions on financial aid, the same issue that
had forced the resignation of the Third Republic's first
government in 1993.  However, the Government and the students
largely resolved their differences, and the school year began
normally.  In June Tuareg and Maur bandits and rebels in the
North increased their attacks on civilian targets, leading to
military, self-defense, and vigilante group reprisals; an
estimated 300 people, mostly civilians, were killed.  Much of
the Tuareg and Maur population fled to neighboring countries.

Security forces are composed of the army, air force,
Gendarmerie, the Republican Guard, and the police.  The army
and air force are under the control of a civilian Minister of
Defense, as are the Gendarmerie and the Republican Guard.  The
police are under the Ministry of Territorial Administration.
There is a lack of discipline among the security forces'
enlisted personnel, and elements of the security forces and
vigilante groups committed extrajudicial killings and other
human rights violations in Mali's northern regions during
reprisal raids against Tuareg and Maur bandit groups.

Mali is a very poor country.  Its economy is based primarily on
farming and animal husbandry, making it highly dependent on
adequate rainfall for its economic well-being.  The Government
continues to implement reforms aimed at modernizing the
economy.  Nevertheless, Mali continues to be beset by economic
problems, including a depressed economy, inadequate government
revenues, dependence on international donors, demands from a
number of vocal special interest groups, and a literacy rate of
about 23 percent.

The Government generally respected constitutional provisions on
freedoms of speech, press, assembly, association and religion.
However, elements of the security forces committed an
undetermined number of extrajudicial killings of Tuaregs and
Maurs in June, July, and August.  The judicial system continues
to be plagued by a large backlog of cases, which results in
persons languishing in prison for long periods of time.  Social
and cultural factors continued to sharply limit economic and
educational opportunities for most women.  Societal violence
against women, including spouse abuse and female genital
mutilation, is widespread.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of targeted political killings.  A
resurgence of Tuareg and Maur bandit/rebel attacks in Mali's
northern regions in June, July, and August initiated a cycle of
attacks and reprisals, leading to the deaths of as many as 300
people, mostly civilians.  In reprisal actions, elements of the
security forces were responsible for an undetermined number of
these extrajudicial killings.  According to credible reports,
armed groups of Tuaregs and Maurs and self-defense/vigilante
groups, organized by the black sedentary populations, also
committed extrajudicial killings.

On April 21, in a reprisal attack against Tuaregs and Maurs in
Menaka, the military killed 4 people and wounded 12.  A
military inquiry resulted only in the transfer of a number of
military personnel to other camps, but there were no charges,
trials, or convictions.  In June and July, security forces and
self-defense/vigilante groups in the Timbuktu region killed as
many as 50 Tuaregs and Maurs, including the director of the
Islamic/Arabic Study and Documentation Center located in
Timbuktu.

On July 25 rebels attacked the town of Bamba and killed an
estimated 40 civilians.  Some reports placed the casualty
figure over 100.  The 1992 National Pact ended the official
insurrection in the north, but bandit attacks continued
sporadically.  The Government and four major rebel groups still
recognize the Pact, but do not implement its provisions.

On October 4, a four-person military patrol shot and killed the
Swiss Cooperation Mission director and two Malian colleagues in
the town of Niafunke, allegedly because the mission was aiding
Tuareg rebels.  A government mission of inquiry into the
killings determined that the patrol's actions were unwarranted
and unjustified.  By year's end, the Government had not
identified publicly the responsible parties, nor set in motion
judicial proceedings.

On October 20, a large group of rebels attacked the town of
Ansongo in the southeastern corner of Mali, killing
approximately six persons, including the head of the military
detachment and several civilians.  On October 22, Tuaregs and
Maurs attacked civilian and other targets in the city of Gao,
killing approximately 14 persons and wounding 17.  The
Government condemned such acts by all parties but appeared to
have little control over some security elements in the north.
Although the National Pact calls for a Commission of Inquiry,
the Government did nothing to create one.

     b.  Disappearance

There were credible but unconfirmed reports of disappearance,
related to the escalation of violence in the north, which
implicated elements of the security forces, Tuareg and Maur
armed groups, and, possibly, self-defense groups organized by
the black sedentary populations.  Despite government
condemnation, authorities made no inquiries, no arrests, and no
prosecutions.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Prison conditions continue to be characterized by overcrowding,
inadequate medical facilities, and limited food supplies.
Several associations are working with women and juvenile
prisoners to improve their conditions.  Juvenile offenders are
usually held in the same prison as adult offenders.  Women are
housed in the same prison facility as men but live in a
separate compound.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution provides that suspects must be charged or
released within 48 hours, and are entitled to counsel.  In
practice, however, detainees are not always charged within the
48-hour period.  Moreover, administrative backlogs and
insufficient lawyers, judges, and courts often cause lengthy
delays in bringing people to trial.  In extreme cases,
individuals languish several years in prison before coming to
trial.

Bail does not exist.  On rare occasions the authorities release
defendants on their own recognizance.  The Government released
18 former members of the overthrown Moussa Traore regime who
faced charges of economic crimes against the State.  A court
found the former president and three former government
officials to be responsible for the deaths of over 100 people
during the demonstrations that led to Traore's overthrow, and
the court sentenced the four to death in 1993.  Although the
Supreme Court denied their subsequent appeal, the President
could still commute their sentences.  Commandant Lamine
Diabira, arrested by the Government in 1991 for plotting to
overthrow the then-transitional Government, was finally
released in July for lack of evidence.

The Government does not practice forced exile.

     e.  Denial of Fair Public Trial

The Constitution provides for an independent judiciary, but the
executive branch exerts considerable influence over the
judicial system.  The Ministry of Justice appoints judges and
supervises both law enforcement and judicial functions, and the
President heads the Superior Judicial Council, which supervises
judicial activity.  The Supreme Court has both judicial and
administrative powers.  The Constitution provides for a
separate Constitutional Court and a High Court of Justice with
the power to try senior government officials in cases of
treason.

Except in the case of minors, trials are public, and defendants
have the right to be present and to have an attorney of their
choice.  Defendants are presumed innocent and have the right to
confront witnesses and to appeal decisions to the Supreme
Court.  Court-appointed attorneys are provided for the indigent
on a pro bono basis.  The majority of disputes in rural Mali
are handled at the village level and are generally decided by
the village chief in consultation with the elders.  If these
decisions are challenged in court, only those found to have
legal merit will be upheld.  Women and minorities are not
discriminated against in courts.

There are no political prisoners in Mali.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution provides for the inviolability of the home,
and the Government respects this right in practice.  Police
searches are infrequent, and require judicial warrants.
Security forces do, however, maintain physical surveillance of
individuals and groups believed to be threats to internal
security; with court approval, police may maintain technical
surveillance as well.  There were no instances of forced
resettlement.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of speech and the press.
The Government controls the only television station, two of
many radio stations, and one of the three daily newspapers, but
these all operate on a semi-independent basis and are open to a
wide range of views, including those critical of the President,
the Prime Minister, the Government, and other politicians.
Apart from the two Government radio stations in Bamako and
several government stations serving regional capitals, there
are seven independent stations in Bamako and many other
independent regional stations.  The Government has promulgated
the decrees necessary for the operation of private television
in Mali, and a number of frequencies have been set aside for
this use.  All that remains is for the Government to set
licensing fees and to distribute the frequencies.  Four or five
groups are already licensed to begin broadcasting, and at least
one is in the process of setting up its antenna tower.

There are nearly 50 independent newspapers and journals, in
French and local languages, including two independent daily
papers.  The Government does not interfere with political
meetings, which take place openly.

Although 1993 laws regulating the press provide for substantial
penalties, including imprisonment, for slander and for public
injury to the Head of State, other officials, and foreign
diplomats, the law leaves injury undefined and subject to
judicial interpretation.

On November 23, the Government arrested Sambi Toure, the editor
in chief of the antigovernment daily Nouvel Horizon, on charges
of publishing false information which threatened national
security and the integrity of the defense forces.  Mr. Toure
was released after 10 days on his own recognizance and in a
trial in late December was acquitted of all charges.

In a 1993 case in which the President of the Supreme Court sued
a newspaper publisher for slander, the court found the
publisher guilty but levied only a symbolic fine of 1 CFA franc.

Academic freedom is respected.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for the rights of assembly and
association.  The Government routinely grants permits for mass
demonstrations.  There are dozens of political parties and
hundreds of professional and special interest associations.
The Constitution forbids the formation of political parties
based on religion, region, or ethnicity.  The Ministry of
Territorial Administration approves the charter of all
political parties.  The banned party of Moussa Traore, the
Democratic Union of the Malian People (UDPM), operates openly,
although it is still not officially recognized by the
Government.

     c.  Freedom of Religion

Mali is a secular state.  The Government does not discriminate
on religious grounds and citizens are free to practice their
faiths.  Although legal restrictions on the Baha'i faith still
exist, the Government does not enforce them and Baha'i worship
freely.  The Constitution prohibits discrimination by reason of
social origin, color, language, sex, religion, or race.    The
Minister of Territorial Administration prohibits religious
publications which it concludes defame another religion.  There
were no known instances of publications being prohibited.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Government generally does not restrict internal freedom of
movement, although police routinely stop and check both
citizens and foreigners, ostensibly to restrict the movement of
contraband and to verify vehicle registrations.  Some police
and gendarmes use the occasion to extort bribes.  The practice
of the police accepting small gifts for overlooking
infractions, real or imagined, is common and has a long
tradition.

There are approximately 13,000 Mauritanian Peuhl refugees
settled in Mali.  The fighting in the north between government
troops and Tuareg rebels has generated an estimated 100,000 to
120,000 Tuareg and Maur refugees, most of whom fled to
Mauritania, Algeria, and Burkina Faso.  Although Mali has
signed repatriation accords with all three nations under the
auspices of the United Nations High Commissioner for Refugees,
it has not implemented them.  The Government does not forcibly
repatriate refugees.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens have the right to change their government and did so
for the first time in 1992, voting by secret ballot in
elections which were generally free, fair, and broad-based,
despite some irregularities.  In the elections, 21 political
parties participated; 11 are represented in the National
Assembly.  The President's party, the Association for Democracy
in Mali, holds the majority.  Nomadic peoples are
represented--including Fulani (the President of the Assembly)
and Tuareg.  Tuaregs are, of course, also represented in
Government.

Under the Constitution, the President is Chief of State and
commander-in-chief of the armed forces and is elected for a
term of 5 years with a limit of two terms.  The President
appoints the Prime Minister.

Women are underrepresented in politics.  Only 3 women hold
seats in the 116-member National Assembly, and 2 Cabinet
ministers are women.  A third woman, the Secretary for the
Promotion of Women, holds ministerial rank.  There are no
restrictions on voting, legal or otherwise, for women or
minorities.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

There are three independent human rights organizations:  the
Malian Association for Human Rights (AMDH), a smaller Malian
League of Human Rights, and a recently established chapter of
Amnesty International.  All operate openly and without
interference from the Government.  AMDH criticized government
policy toward student protests and treatment of students
protesting (often violently) for larger scholarships.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

The Constitution prohibits discrimination based on sex and
provides for the basic rights of all persons.  The Government
respects these rights in practice, but social and cultural
factors give men a dominant role.  Women's access to jobs in
the professions and government is limited, as are economic and
educational opportunities.  The Government, the major employer,
pays women the same as men for similar work.  Women often live
under harsh conditions, especially in the rural areas, where
they perform hard farm work and do most of the childrearing.
Despite legislation giving women equal rights regarding
property, traditional practice and ignorance of the law prevent
women from taking full advantage of this reform.  There are
numerous active women's groups that promote the rights of women
and children, and the female head of the Commission for the
Promotion of Women enjoys the rank of minister.  Women have
very limited access to legal services.  They are particularly
vulnerable in cases of divorce, child custody, and inheritance
rights, as well as in general protection of civil rights.
Violence against women, including wife beating, is tolerated
and pervasive.

     Children

There is no constitutional or legal provision to protect the
interests and rights of children, and no juvenile court
system.  However, the Malian Social Services Department
investigates and intervenes in cases of reported child abuse or
neglect.  Only one in five children receives basic education.

Female genital mutilation (FGM), widely condemned by
international health experts as damaging to both physical and
psychological health, is still common, especially in rural
areas, and is performed on girls at an early age.  According to
an international expert, 75 percent of women have undergone
this mutilation.  The Government has not proposed legislation
prohibiting FGM.  It supports educational efforts to eliminate
the practice through seminars and conferences and provides
media access to proponents of its elimination.

     People with Disabilities

There is no specific legislation protecting the rights of the
physically disabled or mentally handicapped, nor mandating
accessibility.  The physically disabled are not discriminated
against in access to employment, education, and other state
services.  Given the high unemployment rate, however, the
physically disabled are often unable to find work.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution and the Labor Code specifically provide for
the freedom of workers to form or join unions and protect
freedom of association.  Only the military, the gendarmerie,
and the Republican Guard are excluded from forming unions.  An
unofficial union of noncommissioned officers struck for 3 days;
the Government took no punitive action taken against it or its
members.  The police also formed a union, affiliated with the
National Union of Malian Workers (UNTM) Confederation.
Virtually all salaried employees are organized.  Workers have
established independent unions for teachers, magistrates,
health workers, and senior civil servants.  The UNTM has
maintained its autonomy from the current Government.

The Constitution provides for the right to strike, although
there are restrictions in some areas.  For example, civil
service and workers in state-owned enterprises must give 2
weeks' notice of a planned strike and must enter into
negotiations with the employer and a third party, usually the
Ministry of Labor.  Workers receive no pay for the time they
are on strike.  The Labor Code prohibits retribution against
strikers.  Most strikes have involved government employees, and
the Government made no attempt to retaliate.  Unions are free
to associate with and participate in international bodies.

     b.  The Right to Organize and Bargain Collectively

True collective bargaining does not take place.  The growth of
independent unions has led to more direct bargaining between
these unions and their employers.  Wages and salaries, however,
for those workers belonging to the UNTM unions are set by
tripartite negotiations between the Ministry of Labor, labor
unions, and representatives of the federation of employers of
the sector to which the wages apply.  These negotiations
usually set the pattern for unions outside the UNTM.  The
Ministry of Labor acts as a mediator in labor disputes.

Neither the Constitution nor the Labor Code addresses the
question of antiunion discrimination, but there have been no
reports or complaints of antiunion behavior or activities.  If
the parties cannot come to agreement, the dispute goes to the
Labor Court for decision.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution prohibits forced or compulsory labor.
However, reports of de facto slavery persist, especially in the
extremely remote salt mining communities north of Timbuktu.

     d.  Minimum Age for Employment of Children

The minimum legal age for employment is 14, but children may
work with parents' permission as apprentices at age 12.  This
regulation is often ignored in practice.  Moreover, it has no
effect on the vast number of children who work in rural areas,
helping with family farms and herds, and in the informal
sector, e.g., street vending.  These children are not protected
by laws against unjust compensation, excessive hours, or
capricious discharge.  The Labor Inspection Service of the
Ministry of Labor is responsible for, and reasonably effective
in, enforcement of child labor laws, but only in the modern
sector.

     e.  Acceptable Conditions of Work

The Labor Code specifies conditions of employment, including
hours, wages, and social security, but in practice many
employers either ignore or do not comply completely with the
regulations.  The national minimum wage rate is approximately
$40 per month (21,000 CFA francs).  Workers paid on a daily
basis receive a rate of $1.80 (1,000 CFA francs).  Workers must
be paid overtime for additional hours.  The minimum wage is
supplemented by a required package of benefits, including
social security and health care benefits.  While this total
package could provide a minimum standard of living for one
person, in practice most wage earners support large extended
families and must supplement their income by some subsistence
farming or work in the informal sector.

The normal legal workweek is 40 hours, with a requirement for
at least one 24-hour rest period.  The Social Security Code
provides a broad range of legal protections against hazards in
the workplace, and workers' groups have brought pressure on
employers to respect parts of the regulations, particularly
those affecting personal hygiene.  With unemployment high,
however, workers are often reluctant to report violations of
occupational safety.  The Labor Inspection Service of the
Ministry of Labor oversees these standards, but limits
enforcement to the modern, formal sector.  Workers have the
right to remove themselves from dangerous work situations and
request an investigation by the Social Security Department,
which is responsible for recommending remedial action where
deemed necessary.