Committee
on the Elimination of Racial Discrimination,
Concluding
Observations on Mali, A/57/18, paras. 391-411 (2002).
Committee
on the Elimination of
Racial Discrimination
Sixty-first session (5-23 August 2002)
Mali
391. The Committee considered the seventh to fourteenth periodic reports of Mali,
submitted in one document (CERD/C/407/Add.2), at its 1546th and 1547th meetings
(CERD/C/SR/1546 and 1547) on 20 and 21 August 2002 and, at its 1551st meeting
(CERD/C/SR/1551), on 23 August 2002, adopted the following concluding observations.
A. Introduction
B. Factors and difficulties impeding the implementation of the Convention
C. Positive aspects
D. Concerns and recommendations
398. The Committee notes with concern the social and cultural inequalities that
continue to affect rural populations. It regrets that the present report does
not provide information on access to development for the various ethnic groups
or on the distribution of wealth among those groups, in particular nomadic peoples.
399. The Committee would appreciate receiving information on implementation of
the national poverty reduction programme launched by the Government in September
1998.
400. While noting the information provided by the State party on the ethnic composition
of the population, the Committee would like fuller information on the representation
of the various ethnic groups in public bodies.
401. The Committee notes that, despite the detailed information provided on the
constitutional and legislative instruments prohibiting racial discrimination at
the national level, the report gives no examples of their practical implementation
or of the opportunity of invoking the Convention directly before the domestic
courts.
402. The Committee notes with concern the lack of information concerning complaints,
prosecutions or judgements relating to offences of racial discrimination. The
Committee recalls that the absence of complaints or prosecutions for acts of racism
in a country is not necessarily a positive sign, for no State is immune to manifestations
of racism.
403. The Committee invites the State party to provide information on the status
of the Convention in the legislation of Mali and on the possibility for private
individuals to invoke the provisions of the Convention directly before the domestic
courts. It would also like to receive information on the practical application
of the instruments prohibiting racial discrimination and on the number of complaints
and prosecutions relating to acts of racism.
404. With regard to the problem of double discrimination, the Committee would
like to know, in light of its general recommendation XXV of 20 March 2000 and
of the relevant provisions of the Durban Declaration and Programme of Action of
the World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance, what measures have been taken or are envisaged to help those at particular
risk, especially children and women.
405. The Committee also invites the State party to provide fuller information
in its next report on the following issues: (a) the situation of those who are
particularly at risk, especially children victims of exploitation, talibé
and garibou children, and women in rural areas; (b) measures taken
to eradicate the practice of female genital mutilation; and (c) the impact of
AIDS and other endemic diseases and the measures envisaged to control and prevent
them.
406. In light of its general recommendation XXIX of 22 August 2002 and bearing
in mind the explanations provided by the delegation concerning the practice of
sinangouya and the relative nature of the caste system, which does not
hinder social mobility in Mali, the Committee would like to receive information
on the approach the State party intends to take regarding the persistence of the
consequences of a traditional caste system that could give rise to descent-based
discrimination.
407. It is noted that the State party has not made the declaration under article
14 of the Convention and the Committee recommends that consideration be given
to doing so.
408. The Committee recommends that the State party ratify the amendments to article
8, paragraph 6, of the Convention, adopted on 15 January 1992 at the Fourteenth
Meeting of States Parties to the Convention and endorsed by the General Assembly
in its resolution 47/111.
409. The Committee recommends that the State party should take into account the
relevant parts of the Durban Declaration and Programme of Action when implementing
the Convention in the domestic legal order, and that it should include information
in its next periodic report on action plans or other measures taken to implement
the Durban Declaration and Programme of Action at the national level.
410. The Committee suggests that the State party should consult with NGOs when
preparing its periodic reports. It also recommends that the reports should be
widely disseminated to the public at large as soon as they have been submitted,
and that the Committee's concluding observations should be publicized in the same
way.
411. The Committee recommends that the State party's fifteenth and sixteenth periodic
reports be submitted in one document, due on 15 August 2005, that it should be
a complete report and that it should address all the issues raised in these concluding
observations.