COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION BEGINS REVIEW OF REPORT OF MALI

CERD
61st session
20 August 2002
Afternoon


Continues Adopting General Recommendation
on Descent-Based Discrimination



The Committee on the Elimination of Racial Discrimination this afternoon began review of a report of Mali -- a document comprising Mali's seventh to fourteenth periodic reports -- by hearing a Government delegation describe how the country was attempting to comply with the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Introducing the report, Sinaly Coulibaly, Ambassador and Permanent Representative of Mali to the United Nations Office at Geneva, said relevant legal provisions and particularly the Malian Constitution prohibited any form of discrimination on grounds of colour, race, nationality, political opinion or ethnic origin.
Regis de Gouttes, the Committee Expert who acted as country rapporteur for the report of Mali, said Mali had succeeded in constructing a peaceful Constitutional democracy with elections held since 1992. He requested the delegation to provide information on the achievements of the country's Ombudsman and its National Consultative Commission for Human Rights.
Mr. de Gouttes said the Committee would be interested to hear the delegation describe Government follow-up to a visit to Mali by the United Nations High Commissioner for Human Rights in October 1997. That visit aimed at assessing the country's human rights needs and identified priority measures for the development of human rights.
Also participating in the discussion were Committee Experts Mohamed Aly Thiam, Luis Valencia Rodriguez, Kurt Herndl and Mahmoud Aboul-Nasr.
Mr. Coulibaly was accompanied by Sekou Kasse, First Counsellor at the Permanent Mission of Mali in Geneva.
As one of the 162 States parties to the International Convention, Mali must present periodic reports to the Committee on efforts to implement the treaty.
The Committee also adopted part of its draft general recommendation on descent-based discrimination by approving language making a series of recommendations calling upon States parties to take steps to prevent discrimination against descent-based communities. It made its recommendations under paragraphs relating to multiple discrimination against women members of descent-based communities; segregation; hate speech; and civil and political rights. It will continue its efforts to adopt the remaining part of the text tomorrow.
When the Committee reconvenes at 10 a.m. Wednesday, 21 August, it also will continue its consideration of the report of Mali.

Reports of Mali
The seventh to fourteenth periodic reports of Mali (document CERD/C/407/Add.2), dated 10 June 2002, note that in view of an increasingly difficult social situation and despite a recent improvement in the economic and financial situation, the Government has launched a national poverty reduction programme, which was submitted to development partners in September 1998. The reports say that the condemnation of racial segregation and apartheid has been a constant feature of Malian policy, which out of respect for human rights and the rights of peoples has never maintained relations with a State whose system of government is based on racial discrimination.
The reports note that all persons resident in Mali, whether Malians or foreigners, are equal before the law and have the right without distinction to equal protection under the law. The right to judicial recourse is also guaranteed. No one may be deprived of the right to taken legal action except under special legal rules and procedures.
According to a study made by the non-governmental organization (NGO) Save the Children UK about the problem of the garibous -- student beggars -- in the region of Mopti, where the garibous were concentrated, the human rights situation was deplorable, the reports state. This was due both to material constraints related to the activity of Koranic students, and to the limitations of the educational functioning of Koranic schools. In order to eradicate the phenomenon of garibou children, a number of measures have been considered by the Government in partnership with NGOs.
The reports say the population of Mali is 9.8 million, among which 4 million live outside the country. The large number is explained not by political reasons but by economic factors and a strong tradition of travel and conquest.

Presentation of Reports
SINALY COULIBALY, Ambassador and Permanent Representative of Mali to the United Nations Office at Geneva, said a national programme had been put in place to combat poverty and a number of results had been achieved. The programme was priority of the Government.
In the most recent Constitution, State powers had been separated and identified, Mr Coulibaly said. The Prime Minister was accountable to the National Âssembly, and could be removed if the Assembly decided so.
The relevant legal provisions of the country, particularly the Constitution, prohibited any form of discrimination on grounds of colour, race, nationality, political opinion or ethnic origin, the Ambassador said. These measures were reinforced by article 58 of the Penal Code. Other provisions of the Constitution prohibited the practice of torture, ill-treatment, persecution and arbitrary detention. Articles 32 and 242 of the Penal Code, relating to crimes against humanity, genocide and servitude, reinforced article 2 of the Convention on the issue.
With regard to article 4 of the Convention, on the condemnation of racial propaganda or the practice of hate speech, articles 58 and 179 of the Penal Code had prohibited such practices, Mr. Coulibaly said.
In Mali, the Constitution guaranteed the fundamental freedoms of all persons living in the country, the Ambassador said. The National Consultative Commission for Human Rights had been established with the aim of promoting and protecting human rights in the country. A number of non-governmental organizations promoting human rights were also active in the country.

Questions and Comments by Committee Experts
REGIS DE GOUTTES, the Committee Expert who served as country rapporteur for the reports of Mali, recalled that during the Committee's discussion on discrimination based on descent on 8 and 9 August, the existence of a sort of caste in Mali had been indicated. The caste system was based on family status, trade or occupation, characterized by heredity. The delegation was asked to provide information on the existence of such a phenomenon. Did the Government of Mali take measures to reduce social discrimination in society?
The fourteenth periodic report alluded to developments of the situation in the north of Mali, where two acts of rebellion had taken place between 1960 and 1994, which had put in question national unity, Mr. de Gouttes said. According to the Government, the problem in the north was attributed to general under-development prompted by a long period of drought, and which had been misinterpreted as being a war between whites and blacks, Muslims and non-Muslims, dwellers and nomads. Today, peace had been established and a peace agreement had been signed in Bamako in 1992 between the Government and the rebels.
Mr. de Gouttes said Mali had succeeded in constructing a peaceful constitutional democracy through elections of a head of state since 1992. A Constitutional Court had been put in place, as well as a number of democratic institutions. The role of non-governmental organizations in the promotion and protection of human rights had been increased. The delegation was requested to provide information on the achievements of the national Ombudsman and the National Consultative Commission for Human Rights.
Mr. de Gouttes said the Committee would be interested to hear about follow-up to mission to Mali by the High Commissioner for Human Rights in October 1997. The visit was aimed at assessing human rights needs and had identified priority measures for the development of human rights.
Mr. de Gouttes said the report of Mali had frankly indicated that since independence, the country had been faced by economic development problems and was among the least developed and most poverty-affected countries. The Committee, in 1986 and 1994, had indicated that there was a problem of access by ethnic groups to development and that repartition was needed of resources between different groups, particularly to help nomadic peoples. It would be of interest to the Committee, he said, if the delegation provided further information on the content of the national programme designed to combat poverty.
Mr. de Gouttes raised a series of questions: What measures had been taken to improve the situation of "garibou" children, whose human rights situation was deplorable? What was the content of the national plan to fight against child labour? Did the Government intend to reduce instances of discrimination based on descent? Was the Ministry for the Promotion of Women's Rights succeeding in achieving its goals?
Other Committee Experts also contributed to the debate by raising a number of questions. An Expert said Mali had been land of peace for several centuries. Legal efforts to eliminate all forms of discrimination were cited as a positive development. One Expert asked how the Government of Mali had integrated the provisions of the International Convention into domestic legislation? Did Malians had the right to go before the court and invoke the provisions of the treaty to claim their rights? What was the reality of the situation of the caste system in Mali, if it existed?
Another Expert said there were approximately 4 million Malians living outside the country; and according to the report, that large number was explained not by political reasons but by economic factors and a strong tradition of travel and conquest. What was meant by conquest? Did the implementation of the national housing strategy and policy affect marginalized groups? The situation of the right to education and health was mentioned as a matter of concern. Although there were economic difficulties, the Government should continue to deploy more efforts in those areas, the Expert said.

General Recommendation on Descent-Based Discrimination
In continuing to adopt, paragraph-by-paragraph, the general recommendation on descent-based discrimination, Committee approved language recommending that States parties, as appropriate for their particular circumstances, adopt some or all of the measures in the document.
On measures of a general nature, the Committee recommended that States parties, among other things, take steps to identify descent-based communities under their jurisdiction who suffered from discrimination; that they consider incorporation of an explicit Constitutional prohibition of descent-based discrimination; that they review and enact or amend legislation to outlaw all forms of discrimination based on descent in accordance with the Convention; that they resolutely implement legislation and other measures already in force; that they adopt special measures in favour of descent-based groups and communities in order to ensure their enjoyment of human rights and fundamental freedoms; and that they establish statutory mechanisms to promote respect for the equal human rights of members of descent-based communities.
Concerning multiple discrimination against women members of descent-based communities, the Committee recommended that States parties, among other things, take into account, in all programmes and projects planned and implemented, and in measures adopted, the situation of women members of such communities; and that they take all measures necessary to eliminate multiple discrimination against them including descent-based discrimination.
On segregation, the Committee recommended that States parties, among other things, monitor and report on trends which gave rise to the segregation of descent-based communities and that they work to eradicate the negative consequences of such segregation.
With regard to dissemination of hate speech, including the mass media and the Internet, the Committee recommended that States parties, among other things, take measures against any dissemination of ideas of caste superiority and inferiority or which attempted to justify violence, hatred or discrimination against descent-based communities.
Regarding administration of justice, the Committee recommended that States parties, among other things, take all necessary steps to secure equal access to the justice system for all members of descent-based communities.
On the subject of civil and political rights, the Committee recommended that States parties, among other things, ensure that authorities at all levels involve members of descent-based communities in decisions which affected them.



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