The Committee on the Rights of the Child today concluded its consideration of the combined third to fifth periodic report of Mali, with Committee Experts welcoming the State's measures to tackle poverty, and raising questions on efforts to promote safety in schools and prevent the use of children in armed conflict.
One Committee Expert noted that Mali had a plan of action on tackling poverty to 2025, which included social protection measures and money transfers for children. These were particularly welcome, they said. What was being done to fight food insecurity?
Another Committee Expert said numerous schools had been destroyed in armed conflict and many were still not up and running. Mali had signed a declaration on safety in schools and developed a draft law on school safety. What was the status of this draft law? The prevalence of corporal punishment in koranic schools was particularly worrying. How was the State party addressing this?
The State party had reported that the number of children used by non-State actors in armed conflicts had decreased since 2020, but the Committee had received reports to the contrary, the Expert said. Had the State party criminalised the use of children in armed conflict and prosecuted persons who recruited children?
Introducing the report, Coulibaly Mariam Maiga, Minister for the Promotion of Women, Children and the Family and head of the delegation, said Mali was making efforts to fulfil its obligations under the Convention by developing structures that meet the needs of children, realising recreational activities for children, celebrating days dedicated to children's rights, and establishing a forum for children to express their opinions. Fifty-four per cent of Mali's population were children, and the State party remained aware of the protection that needed to be granted to them.
The delegation said Mali had a policy on guaranteeing food security for the entire population, including the most vulnerable groups of society, to 2030. It aimed to address the seasonal difficulties faced by the agricultural sector, rebuild food stocks, distribute grains and strengthen means of subsistence. Money transfers were provided to support access to food.
The State party organised meetings within the community on promoting school security, the delegation noted. It had established agreements in areas liberated by the army on minimum standards for schools to resume, leading to the reopening of many schools. The Government had also implemented measures to eliminate corporal punishment in schools. School directors who had inflicted corporal punishment on students had been suspended. A national committee had been set up to draft a bill on the prevention of corporal punishment in schools.
The delegation said recruiting children into armed groups was considered as a war crime in Mali. A memorandum of understanding had been developed on the liberation of children recruited by armed groups. Immediate steps were taken to address the psychosocial and healthcare needs of liberated children. The State party aided these children to be reunited with their families and reintegrated them into school.
In closing remarks, Mikiko Otani, Committee Expert and Coordinator of the Country Taskforce for Mali, expressed deep appreciation for the delegation's active participation in the dialogue. It was a pleasure to hear positive information on progress in policies and action plans for children. At this important juncture for Mali, the Committee hoped that efforts being made by the State party would be beneficial for children, she concluded.
In concluding remarks, Ms. Coulibaly Maiga said the delegation greatly appreciated the Committee's comments, questions and recommendations. It had presented the efforts being made to support children, including grants for vulnerable families and measures to prevent school dropouts and promote school safety. The Government was mindful of the challenges it faced but was committed to addressing them.
Ann Marie Skelton, Committee Chair, said in concluding remarks that the Committee appreciated all the efforts made by the State party to promote the rights of children, and expressed hope that the State party would use the Committee's recommendations in its future work.
The delegation of Mali consisted of representatives from the Ministry for the Promotion of Women, Children and the Family; Ministry of Justice and Human Rights; Ministry of Health and Social Development; Ministry of the Environment, Sanitation and Sustainable Development; Ministry of Defence and Veterans Affairs; Ministry of Agriculture; National Unit for the Fight against Child Labour; Ministry of Security and Civil Protection; National Directorate of Basic Education; and the Permanent Mission of Mali to the United Nations Office at Geneva.
The Committee will issue the concluding observations on the report of Mali at the end of its ninety-sixth session on 24 May. Those, and other documents relating to the Committee's work, including reports submitted by States parties, will be available on the session's webpage. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public this afternoon at 3 p.m. to consider Panama's initial report under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography (CRC/C/OPSC/PAN/1).
Report
The Committee has before it the combined third to fifth periodic report of Mali (CRC/C/MLI/3-5).
Presentation of Report
COULIBALY MARIAM MAIGA, Minister for the Promotion of Women, Children and the Family and head of the delegation, said that due to the delay in submission resulting from the security and institutional crisis Mali had been experiencing since 2012 and other factors, the report covered the period of 2008 to 2022. It was prepared in an inclusive process with the participation of all stakeholders. The report described the adoption of laws, policies and programmes, the establishment of juvenile courts, and the creation of public structures for the promotion and protection of children.
The report discussed Mali's reservation to Article 16 of the Convention; its ratification of the Optional Protocol to the Convention on the Rights of the Child on the communications procedure; harmonisation of national laws and regulations with the Convention; the implementation of the Child Protection Code; the adoption and implementation of the National Policy for the Promotion and Protection of Children; efforts to mitigate the negative effects of the COVID-19 pandemic and climate change on children, including through the implementation of the Committee's general comment 26 on the rights of the child and the environment, with a particular focus on climate change; and efforts to strengthen the National Human Rights Commission and make it more accessible to children, including by giving it the ability to investigate complaints filed by or on behalf of children.
Mali was making efforts to fulfil its obligations under the Convention by developing structures that meet the needs of children, realising playful and recreational activities for children, celebrating days dedicated to children's rights, and establishing a forum for children to express their opinions. Despite these efforts, there were many challenges to overcome, including the low level of care for children in street situations, difficulties regarding adoption of children housed in reception centres, and the low socio-economic integration of vulnerable families. The State remained open to partners who respected the nation's values and sovereignty. Partners were helping to defend of the interests of the population. Fifty-four per cent of Mali's population were children, and the State party remained aware of the protection that needed to be granted to this layer of the population.
Ms. Coulibaly Maiga reaffirmed the will and commitment of the Malian transitional authorities to do everything possible to protect and promote human rights in general, and particularly those of children throughout the national territory. The dialogue initiated by the Government in recent months reflected the will of the transition authorities and the President, Colonel Assimi Goïta, to rebuild a unified and peaceful Mali and find endogenous solutions to the problems the country was experiencing.
Questions by Committee Experts
MIKIKO OTANI, Committee Expert and Coordinator of the Country Taskforce for Mali, said the Committee appreciated the submission of the State party's report in spite of the difficult domestic situation. Mali made a reservation to article 16 upon ratification of the Convention in 1990 but indicated the intention to withdraw it during the previous review in 2007. It was unfortunate that the State party had indicated in the report that it was not considering the withdrawal of the reservation. The right to privacy under article 16 of the Convention was not absolute, as it allowed for unarbitrary and lawful interference. The scope of the right was the same as that under article 10 of the African Charter on the Rights and Welfare of the Child, which Mali accepted without reservation. Would Mali reconsider the possibility of withdrawing the reservation?
Mali had indicated that there were no plans to ratify the Optional Protocol on a communications procedure. Were there any obstacles to the Committee accepting communications from children? Mali had accepted such procedures under other international human rights treaties. A bill on the Child Protection Code provided a significant opportunity to implement recommendations made by the Committee and other United Nations bodies. What was the timeline for adoption of this bill, and for the evaluation of the national policy of 2014? Were there plans to develop a new policy?
Had the State party assessed the impacts of the reforms to the National Directorate for the Promotion of the Child and the Family in 2009, which decentralised services at regional and subregional levels? What measures were taken by the Government to provide stable budgetary support for child protection? What progress had been made on the nationwide roll-out of the experimental child protection database? How was data disaggregated?
How could children in Mali seek justice and remedies for violation of their rights? Could children bring cases to the courts? Was there a requirement of parental consent? Was free legal aid available for children? Was the information on the court system and legal aid provided in child-friendly language? The National Commission of Human Rights could receive complaints from children. Was the information on the complaint procedure provided in a child friendly language? Had there been any complaints brought by children? The Commission had a working group specifically responsible for vulnerable groups, including children. This was a good first step. Would the State party consider establishing a commissioner specifically responsible for children's rights?
What strategic guidelines had been set out in the country's protection policy for civil society? It was commendable that the Convention had been translated into national languages. Was it translated in all 13 national languages? Had the two Optional Protocols been translated and disseminated? What awareness-raising efforts were made to reach out to parents, religious and traditional readers and the general public at the local and community level?
Concerning child marriage, the Family Code of 2011 set the minimum age for marriage at 18 years for boys and 16 for girls and allowed for marriage from 15 years with the father's or mother's consent for the boy and only the father's consent for the girl. Concerning inheritance, the Family Code provided for equal share of inheritance to children born to unmarried parents. However, this equal right was not guaranteed in reality as most children born to unmarried parents were governed by the customary or religious regime. In its judgment on a case involving child marriage, the African Court found that the Family Code violated the Maputo Protocol, the African Children's Charter, and the Convention on the Elimination of All Forms of Discrimination against Women and ordered Mali to harmonise it with the international instruments. The Committee welcomed the adoption of a national multisectoral strategy to end child marriage adopted in 2022 and a five-year action plan. Did the strategy and action plan include the amendment of the Family Code? The provision in the Family Code concerning the equality in inheritance was also not satisfactory in view of the order of the African Court.
A preliminary bill that Mali had introduced to criminalise slavery was a positive move to put an end to the practice. Did the bill specifically address the protection of children from slavery? Had any measures been taken or planned to eliminate de facto discrimination or stigma against children born to unmarried parents, children born into slavery, children with disabilities, children living in poverty and the situation of street children?
Which Government bodies were required to give primary consideration to the best interests of the child? What was the legal basis for the requirement of the courts to take the best interests of the child into account?
The Committee was seriously concerned about the applicability of the death sentence to children under the 2008 Act on the Suppression of Terrorism. What was the State party's position on this issue? Were children's views heard in judicial and administrative proceedings concerning them in Mali? Did the Children's Parliament have any role in the national decision and policy making processes? Were there any efforts to promote children's participation at the local and community levels?
Prohibiting corporal punishment in all settings had not been achieved yet in Mali. Would the State party consider doing so in a bill amending the Child Protection Code? Were there reports of harmful practices, including mutilations, killings, and trafficking targeting children with albinism in Mali, and was the Government taking measures to prevent such practices? The Committee on the Elimination of Discrimination against Women, in its report on the inquiry concerning Mali in 2019, recommended adoption, without delay, of the draft bill of 2017 on the prevention and punishment of gender-based violence and the provision of assistance to victims that criminalised female genital mutilation. Had progress been made toward the adoption of the bill? A clear legal framework explicitly prohibiting female genital mutilation was necessary, in view of the high prevalence of this practice in Mali.
What initiatives were in place to address gender-based violence and protect child victims? Was a multi-sectoral and child sensitive approach integrated into investigation and court proceedings for child victims to prevent revictimization?
Another Committee Expert said that not everyone in Mali wished to register their children or receive birth certificates. What measures were in place to inform the population of the importance of birth registration and birth certificates? Was there a register of persons? How were children living in rural areas registered? How much did it cost to register a birth? Did the State party have a plan of action to eradicate statelessness? What progress had been made by policies addressing statelessness?
What budget had been allocated to the Children's Parliament and other agencies supporting children? How were children appointed to the Parliament? What measures had the State party taken to make children aware of their right to freedom of religion? Were measures being taken to include children in television and radio programming? What was the situation of online sexual exploitation and abuse of children in Mali? How were children protected online? Were families informed of the dangers of the internet and digital technologies?
One Committee Expert said Mali had relatively scant resources and had had a degree of chronic instability for several years. The Committee hoped that the State party could address this situation. Why were mothers and fathers not given equal legal footing in terms of the care of their children? Fathers were designated as the heads of families in the Family Code. What was being done to address child and family poverty? What services were provided to identify and respond to family problems? How many social workers did the State party have? There were limited options for placement of child victims of violence. What options for foster care were available and who oversaw the process? What public and private placement structures were available for children? How did such structures work and were they subjected to oversight? What was the general profile of children in these structures? There had been a significant increase in institutionalised children over the past five years, particularly children under five. Why was this the case? What deinstitutionalisation policies were in place? Were there plans to revise legislation in this regard? Were domestic adoptions allowed? Was there a correlation between the ban on international adoptions and the increase in institutionalisation? Did the State party plan to accede to the Hague Convention? How many children were in prison facilities with their mothers?
There was a lack of data on children with disabilities in Mali. What was the status of children with disabilities in Malian society? Were these children subject to discrimination? What programmes were in place to combat stigma of children with disabilities?
Responses by the Delegation
The delegation said the State party had set up a planning and follow-up unit that coordinated activities for children and families. It was developing a database and website for this unit. A series of data collection tools had been developed and streamlined. The Children's Parliament was operational and the State party was working to establish local offices for the Parliament in each region of Mali. There was a plan of action for the promotion of children's rights in each region. The State party had been working on establishing a hotline for children across the country. Programmes involving children's rights had been decentralised. Local regions contributed to planning protection policies for children.
Children could lodge complaints to courts through legal guardians. Measures had been taken to allow children to obtain legal aid and access social workers, who provided counselling to child victims of violence. The State party could consider appointing a commissioner on children's rights. The national human rights institute took part in awareness raising campaigns and workshops to inform the population of its role.
Projects on preventing child marriage encouraged parents to support children's schooling. The State party was working to convince parents that they should not hand their children over for early marriage. Judges who did not implement the best interests of the child were subject to penalties. Mali respected the Paris Principles. Malian children who were involved in terrorist groups were not brought before courts; they were supported to reintegrate into society. Measures were in place to protect children throughout the judicial process. Police were trained on talking with child victims, and there was a focal point on child victims within the police service. Child victims were not exposed to the press.
There was a project in place facilitating refugees' access to Malian nationality. There were also campaigns underway on eradicating statelessness and promoting birth registration. Mobile offices allowed internally displaced persons to register the birth of a child and obtain identity documents. These offices were also raising awareness of the risk of statelessness in remote communities. A State project had allowed for the regularisation of over 4,000 Somali refugees. Mali was drawing up a guide on recognising statelessness and performing a study about statelessness. Further, the State party was developing legislation that would set up a commission to deal with cases of statelessness.
Following Islamic law, males were given primacy as the head of the family in the Family Code, but mothers could be recognised as heads of family if there were exceptional circumstances. There was no law prohibiting polygamy. Adoption was regulated by the Family Code.
Eighty-eight per cent of the total population had been registered, while 71 per cent of the rural population had been registered. State agencies had taken many measures to collect data on birth registrations. Mobile court hearings had helped more than one million children to obtain birth certificates and the State party was raising awareness of the importance of birth registration documents. A system had been put in place to identify persons who did not have birth certificates. Birth certificates were issued free of charge, but there were charges for obtaining copies of those certificates.
There were public policies providing protection for children who could not be protected by their parents. Children with disabilities and children from families in crisis situations were placed in institutions for reception and placement. There were guidelines that these institutions needed to respect. Monitoring mechanisms oversaw the operations of these institutions and undertook unannounced monitoring visits. The State party ensured that the facilities of the institutions were of sufficient quality. The institutions submitted periodic reports to the Government.
After deaths, courts issued rulings on inheritance. Children born in and out of wedlock were held to be on equal footing in inheritance decisions. Heirs could choose to amicably distribute inheritance. If a child was omitted from this process, they had the right to appeal the inheritance decision.
The Government was working with non-governmental organizations to inform families of children's rights in all regions and languages of the nation. The Government was working with international agencies to address abandonment and gender-based violence and to provide care for victims.
International adoption was not totally banned. Malian nationals who lived overseas could adopt Malian children, but foreign couples could not. The best interests of the child were protected in adoption proceedings. Couples that were not financially able to adopt children were prevented from doing so. There were more private centres for the reception and placement of children than public centres. The State party was examining the challenges faced by these centres. Some had closed, particularly in the north, due to the challenges faced by the region. The State party was providing support to these centres, and it frequently called on international partners for assistance.
Follow-Up Questions by Committee Experts
MIKIKO OTANI, Committee Expert and Coordinator of the Country Taskforce for Mali, asked about the applicability of the death penalty on children. There was a case where a person under 18 had allegedly committed a crime and been sentenced to the death penalty. She welcomed that the State party was committed to the Paris Principles and to referring children involved in armed groups to child protection services. Mali had been called on to adopt a moratorium on the 30-day deadline for birth registration for children born in crisis situations. Was the State party considering this?
It was important that Mali was working to encourage parents to keep their children in schools. Did the State party plan to adopt an amendment to the Family Code to raise the marriage age and address child marriage?
Another Committee Expert asked if the State party would adopt a strategy to implement a digital civil registration system. What problems was the State party facing regarding raising the registration rate? Were people made aware of the process for registering births? How many officials were working in registration offices? Over 100,000 displaced children had reportedly not been declared. How would the State party support the registration of those children?
