COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION REVIEWS THE SITUATION IN MALI

CERD
59th session
7 August 2001
Morning


The Committee on the Elimination of Racial Discrimination this morning reviewed the situation in Mali in the absence of an overdue report on how that country was abiding by the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

Aser Kamate, Technical Advisor at the Malian Ministry of Justice, told the Committee that within the context of the general safeguards for human rights, the Constitution guaranteed the rights of all Malians and discrimination was strictly prohibited.

Mr. Kamate said that elections took place regularly and national sovereignty was exercised by the people themselves. During the last elections in 1998, all the political parties had taken part without any problems.

Regis de Gouttes, the Committee Expert who served as country rapporteur to the report of Mali, said the country was made up of a mosaic of people. Many different races lived together in Mali and the mixture of ethnic groups had enriched the society. He suggested that the report should contain information on the economic situation of the country; the measures taken in application of article 4 of the Convention; the policies and measures to respect the political and economic rights of all citizens; and the provisions to protect the rights of children, women and other vulnerable groups. He underlined that 4 million out of 11 million Malians were living abroad and he said that the situation of adopted children should be taken into consideration.

Mohamed Maiga, Foreign Affairs Advisor in the Ministry of Foreign Affairs, was the second member of the delegation of Mali.

The Committee also discussed the preparatory process for the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, focusing on reparation and compensation for slavery which was one of the contentious issues facing the Preparatory Committee.

Also this morning, the Committee briefly mentioned the issue of a report prepared by a Canadian academician on the United Nations treaty bodies, saying that United Nations Secretary-General Kofi Annan was considering her recommendations. A Committee Expert suggested that the United Nations should dissociate itself from the report, which was commissioned by the Office of the High Commissioner for Human Rights.

Participating in this morning's debate were Committee members Michael E. Sherifis, Mario Jorge Yutsis, Mahmoud Aboul-Nasr, Francois Lonseny Fall, Patrick Thornberry, Gay McDougall, Patricia Nozipho January-Bardill, Agha Shahi, Raghavan Vasudevan Pillai, Marc Boussuyt, Luis Valencia Rodriguez and Yuri A. Reshetov.

When the Committee reconvenes at 3 p.m., it will take up the report of Sri Lanka.

Address by Malian Delegation

ASER KAMATE, Technical Advisor at the Ministry of Justice of Mali, said the country's periodic report was in the drafting stage and it would be submitted to the Committee before the end of the year. He said his country was one of the poorest countries in the world and had suffered from political turmoil in different forms. At present, the executive of the Republic was led by a President and a Head of Government. The judiciary was independent from the executive and the legislative. A constitutional court was also in place to guarantee the constitutional rights of the citizens.

Mr. Kamate said that within the context of the general safeguards of human rights, the Constitution guaranteed the rights of all Malians and discrimination was strictly prohibited. Following the Tuareg rebellion, the process of development had started.

The right to life of every citizen was guaranteed by the Constitution, Mr. Kamate said. Ill-treatment of persons, including torture and cruel treatment or degrading punishment, were prohibited in the country. Persons deprived of their liberty had the right to consult a medical practitioner of their choice, and they were entitled to legal counsel.

Mr. Kamate further said that elections took place regularly and national sovereignty was exercised by the people themselves. All political parties took part in the last elections in 1998 without any problems.

There were 30 daily and periodical publications in Mali, Mr. Kamate said, adding that the number of private radio stations had now reached 100. There was a regulatory body that monitored the situation without interference in their activities.

In order to advance the right to freedom of expression, a democratic forum had been set up in the country through which any citizens could come forward to express their views on any topics before the authorities, Mr. Kamate said. The forum was aired live to the whole population.

On freedom of worship, Mr. Kamate said Islam was the religion of the majority and there was a harmony and peaceful coexistence with other creeds such as Christianity, as well as animism.

Within the legal framework, strong protection was provided to the three major trade unions, Mr. Kamate said, adding that the Government welcomed the role played by the trade unions in promoting democracy.

Education was a right guaranteed by the Constitution, however, in practice it was not fully achieved because of the economic difficulties and the lack of an educational infrastructure, Mr. Kamate said.

Review of Situation in Mali

REGIS DE GOUTTES, the Committee member who acted as country rapporteur to the situation in Mali, said that the country was considered exemplary in the region for its democratic development. However, it was regrettable that it was not able to present its periodic report to the Committee. It should be recalled that Mali had discharged its obligations by presenting a report to the Committee on Economic, Social and Cultural Rights in 1994 and to the Committee on the Rights of the Child in 1999.

Mr. de Gouttes said Mali was a country made up of a mosaic of people. Many different races lived together and the mixture of ethnic groups had enriched the society. He said that, among other things, the situation of the Tuareg people should be given priority, although peace had returned in the north following the rebellion. The report of Mali should also provide the Committee with the social and economic indicators of the different ethnic groups.

Mr. de Gouttes suggested that the next report should contain information on the economic situation in the country; the measures taken in application of article 4 of the Convention; the policies and measures to respect the political and economic rights of all citizens; and provisions to protect the rights of children, women and other vulnerable groups. He underlined that 4 million out of 11 million Malians were living abroad and he said that the situation of adopted children should be taken into consideration.

The next report should indicate what mechanism was available to remedy racial discrimination and to rehabilitate victims, Mr. de Gouttes said, adding that it would be useful if the report would deal with how Mali had developed human rights teachings to law-enforcing officials.

Another Committee member said that there was an alarming situation in Mali with regard to children who were used as slaves and were sold to be engaged in cheap labour outside the country. The Expert asked if the act of slavery involved only certain groups of the population. The cases of these children could not be considered as cases of inter-country adoptions as they were sugar-coated at present; this was a grave situation of acts of slavery.

The Committee Chairperson Michael E. Sherifis said he was delighted that the delegation had renewed its dialogue with the Committee and it would also be present when their report was considered by the Committee during one of its future sessions. He suggested that Mali avail itself of technical assistance provided under the advisory services and technical assistance programme of the Office of the High Commissioner for Human Rights.

World Conference against Racism

PATRICIA NOZIPHO JANUARY-BARDILL, the Committee Expert who served as a contact person to the Preparatory Committee for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, said that the Preparatory Committee was still blocked by the three contentious issues. Although regret and remorse were expressed concerning acts of slavery, the issue of reparation and compensation had not yet advanced. The issue of the Israeli-Palestinian conflict was the biggest block of the three issues.

Other Committee members also commented on the issues being discussed in the Preparatory Committee, saying, among other things, that the issue of compensation should not be considered as a political issue concerning past slavery. An Expert underlined that the issue of slavery was humanitarian and the compensation requested was on that basis, adding that reverting the issue of compensation to a political debate was wrong. Another Expert also said that the issue of compensation should not be seen from a political point of view.

During the colonialism era, there was no international law in place, another Expert said. The act of slavery took place more than 100 years ago. In addition, the situation of reparation was more complex. The Rwandan situation, in which many thousands of people were exterminated, was also a complex one with regard to reparation for damages.

An Expert said that the concept of crimes against humanity and genocide should not be confused; there was a tendency to dilute the concept of crimes against humanity in some quarters; and the legal concept of international law should not be twisted.

Committee Chairperson Mr. Sherifis suggested that one of the members of the Committee prepare a proposal to be discussed by the Committee on the issue of reparation and compensation with regard to past slavery.



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