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Committee on Rights of Child continues review of report of Mali; delegation highlights problems of street begging, excision, polygamy
28 September 1999
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AFTERNOON
HR/CRC/99/49
28 September 1999
The Committee on the Rights of Child continued consideration this afternoon of an initial report of Mali, hearing from a Government delegation about -- among other things -- persisting problems with the harmful practice of excision, which 98 per cent of the population practiced, and about the practice of polygamy.
Answering questions raised by Committee Experts, Malian officials said that polygamy existed in Mali, and that a man married up to four wives. Each wife constituted a separate household with the husband visiting his wives in turn; in Malian society, polygamy was an accepted form of marriage because three-fourths of the country‘s population was Muslim; the delegation said. It was not shocking to find a Government minister or an ambassador married to more than two wives. However, the delegation said, polygamy had negative impact on children.
Discussion over the course of the afternoon focussed on the general topics of legal definitions related to childhood; anti-discrimination efforts; civil rights and freedoms; basic health and welfare; and education, leisure and cultural activities.
The delegation of Mali consisted of Diarra Afoussatou Thiero, Minister of Woman, Child and Family Advancement of Mali, and head of the delegation;
Mohamed Attaher Maiga, National Director of Child and Family Advancement; Mamadou Bassery Ballo, Director of the Planning Unit and of Statistics in the Ministry of Health, Elderly Persons and of Solidarity; Bonaventure Maiga, National Director of Specialized and Pre-school Education at the Ministry of Basic Education; Mamadou Baba Traore, National Director of Civil Affairs at the Ministry of Justice; and Idrissa Koita, Assistant National Director of Employment, Labour and Social Security at the Ministry of Employment, Public Function and Labour. Two Malian children were also included in the delegation.
Mali, as one of 191 States parties to the Convention on the Rights of the Child, must submit periodic reports to the Committee on efforts to implement the international treaty. Government delegations generally come before the Committee to discuss the reports and answer questions raised by Committee members.
When the Committee reconvenes at 10 a.m. Wednesday, 29 September, it will continue its consideration of the report of Mali.
Discussion
The delegation of Mali answered questions put by Committee members during the morning and afternoon meetings.
In Mali, the delegation said, the age of majority was not uniform; it varied between 18 and 21 years, depending on the code and the subject matter in question; the age of majority was not the same in civil, social and political matters; a boy who had not reached the age of 21 and a girl who had not reached the age of 18 might not contract marriage without the consent of their parents; and the marriage code set the age of majority at 21 for boys and 18 years for girls. However, the law allowed a boy aged 18 and a girl aged 15 to marry with the consent of their parents.
The delegation said the Government was attempting to eradicate the age differences between boys and girls by fixing a legal minimum age of majority. Also, it had launched an awareness-raising campaign against the harmful practice of early age marriages, which were still practiced by many people in Mali. Such early marriages had been causing irreversible illnesses for girls, the delegation said.
The caste system was a long-standing traditional practice which did not pose any problem to Malian society, said the delegation. It was an accepted traditional pattern of life. However, when there was a question of marriage between members of the caste and other non-caste groups, discriminatory attitudes often surfaced. The delegation pointed out that Mali's Constitution affirmed that "all Malians were equal and free".
Abortion was prohibited in Mali, but traditional methods had continued to be used in a clandestine manner. The country's penal code stipulated punishment against those responsible for the act of abortion, including the mother and any accomplices.
In Malian society, children were expected to respect older people and youth organizations were operating in that regard, the delegation said. Respect for the aged was a social rule, a characteristic of African society, particularly in Mali. If a child insulted an elderly person, it reflected badly on the parents of the child.
Street begging was prompted by the need to fulfil the obligations of koranic masters who sent their students to collect money and food, the delegation said. The "Garibu", as they were called, remained in urban streets stretching their hands for handouts before they returned to their koranic schools in rural areas. In other cases, disabled persons used children to beg for them and the children later continued begging for themselves.
Mali had not yet enacted legislation on property inheritance, leaving it to tradition and custom, the delegation said. Children born out of wedlock were not well-supported by the customary law of inheritance; however, if a case of inheritance was presented before a court, children born out of wedlock often were accommodated.
The legal age for employment was fixed at 14 years, the delegation said. However, Mali had not yet ratified the International Labour Office (ILO) Convention 138 on the minimum age of employment. If they accepted as employees children between 14 and 18 years of age, employers were expected to train them in the trade they opted for.
The Government of Mali had legally prohibited the practice of corporal punishment against children, but it had no mechanism to monitor its implementation, either in schools or in the family, the delegation said. The monitoring role in schools was left to the principal. Teachers found guilty of beating their students risked losing their jobs.
Malian officials told Committee members that 98 per cent of the population practised excision, and it had become a difficult issue to resolve. Nevertheless, the Government had organized a national committee to carry out programmes of public awareness on excision and to make a full survey of the situation. Because of the acceptance of the practice by the majority of the population, the Government could not dare promulgate legislation banning excision. It was hoped that by the year 2003, an appropriate legal text on the subject would be presented to Parliament.
Polygamy existed in Mali based on the regime of separation of property; a man could marry up to four wives; and each wife constituted a separate household with the husband visiting his wives in turn, the delegation said. In Malian society, polygamy was an accepted form of marriage because three-fourths of the population was Muslim. It was not shocking to find that a Government minister or an ambassador was married to more than two wives. The delegation, however, was of the view that polygamy had a negative impact on children because competition by wives to entertain their common husband could lead to neglect of their children, and because the husband often lacked affection for his children.
HR/CRC/99/49
28 September 1999
Committee on Rights of Child continues review of report of Mali
Delegation highlights problems of street begging, excision, polygamy
The Committee on the Rights of Child continued consideration this afternoon of an initial report of Mali, hearing from a Government delegation about -- among other things -- persisting problems with the harmful practice of excision, which 98 per cent of the population practiced, and about the practice of polygamy.
Answering questions raised by Committee Experts, Malian officials said that polygamy existed in Mali, and that a man married up to four wives. Each wife constituted a separate household with the husband visiting his wives in turn; in Malian society, polygamy was an accepted form of marriage because three-fourths of the country‘s population was Muslim; the delegation said. It was not shocking to find a Government minister or an ambassador married to more than two wives. However, the delegation said, polygamy had negative impact on children.
Discussion over the course of the afternoon focussed on the general topics of legal definitions related to childhood; anti-discrimination efforts; civil rights and freedoms; basic health and welfare; and education, leisure and cultural activities.
The delegation of Mali consisted of Diarra Afoussatou Thiero, Minister of Woman, Child and Family Advancement of Mali, and head of the delegation;
Mohamed Attaher Maiga, National Director of Child and Family Advancement; Mamadou Bassery Ballo, Director of the Planning Unit and of Statistics in the Ministry of Health, Elderly Persons and of Solidarity; Bonaventure Maiga, National Director of Specialized and Pre-school Education at the Ministry of Basic Education; Mamadou Baba Traore, National Director of Civil Affairs at the Ministry of Justice; and Idrissa Koita, Assistant National Director of Employment, Labour and Social Security at the Ministry of Employment, Public Function and Labour. Two Malian children were also included in the delegation.
Mali, as one of 191 States parties to the Convention on the Rights of the Child, must submit periodic reports to the Committee on efforts to implement the international treaty. Government delegations generally come before the Committee to discuss the reports and answer questions raised by Committee members.
When the Committee reconvenes at 10 a.m. Wednesday, 29 September, it will continue its consideration of the report of Mali.
Discussion
The delegation of Mali answered questions put by Committee members during the morning and afternoon meetings.
In Mali, the delegation said, the age of majority was not uniform; it varied between 18 and 21 years, depending on the code and the subject matter in question; the age of majority was not the same in civil, social and political matters; a boy who had not reached the age of 21 and a girl who had not reached the age of 18 might not contract marriage without the consent of their parents; and the marriage code set the age of majority at 21 for boys and 18 years for girls. However, the law allowed a boy aged 18 and a girl aged 15 to marry with the consent of their parents.
The delegation said the Government was attempting to eradicate the age differences between boys and girls by fixing a legal minimum age of majority. Also, it had launched an awareness-raising campaign against the harmful practice of early age marriages, which were still practiced by many people in Mali. Such early marriages had been causing irreversible illnesses for girls, the delegation said.
The caste system was a long-standing traditional practice which did not pose any problem to Malian society, said the delegation. It was an accepted traditional pattern of life. However, when there was a question of marriage between members of the caste and other non-caste groups, discriminatory attitudes often surfaced. The delegation pointed out that Mali's Constitution affirmed that "all Malians were equal and free".
Abortion was prohibited in Mali, but traditional methods had continued to be used in a clandestine manner. The country's penal code stipulated punishment against those responsible for the act of abortion, including the mother and any accomplices.
In Malian society, children were expected to respect older people and youth organizations were operating in that regard, the delegation said. Respect for the aged was a social rule, a characteristic of African society, particularly in Mali. If a child insulted an elderly person, it reflected badly on the parents of the child.
Street begging was prompted by the need to fulfil the obligations of koranic masters who sent their students to collect money and food, the delegation said. The "Garibu", as they were called, remained in urban streets stretching their hands for handouts before they returned to their koranic schools in rural areas. In other cases, disabled persons used children to beg for them and the children later continued begging for themselves.
Mali had not yet enacted legislation on property inheritance, leaving it to tradition and custom, the delegation said. Children born out of wedlock were not well-supported by the customary law of inheritance; however, if a case of inheritance was presented before a court, children born out of wedlock often were accommodated.
The legal age for employment was fixed at 14 years, the delegation said. However, Mali had not yet ratified the International Labour Office (ILO) Convention 138 on the minimum age of employment. If they accepted as employees children between 14 and 18 years of age, employers were expected to train them in the trade they opted for.
The Government of Mali had legally prohibited the practice of corporal punishment against children, but it had no mechanism to monitor its implementation, either in schools or in the family, the delegation said. The monitoring role in schools was left to the principal. Teachers found guilty of beating their students risked losing their jobs.
Malian officials told Committee members that 98 per cent of the population practised excision, and it had become a difficult issue to resolve. Nevertheless, the Government had organized a national committee to carry out programmes of public awareness on excision and to make a full survey of the situation. Because of the acceptance of the practice by the majority of the population, the Government could not dare promulgate legislation banning excision. It was hoped that by the year 2003, an appropriate legal text on the subject would be presented to Parliament.
Polygamy existed in Mali based on the regime of separation of property; a man could marry up to four wives; and each wife constituted a separate household with the husband visiting his wives in turn, the delegation said. In Malian society, polygamy was an accepted form of marriage because three-fourths of the population was Muslim. It was not shocking to find that a Government minister or an ambassador was married to more than two wives. The delegation, however, was of the view that polygamy had a negative impact on children because competition by wives to entertain their common husband could lead to neglect of their children, and because the husband often lacked affection for his children.