The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 64th Ordinary Session held from 24 April to 14 May 2019 in Sharm El Sheikh, the Arab Republic of Egypt;
Recalling its mandate to promote and protect human and peoples’ rights in Africa pursuant to the African Charter on Human and Peoples’ Rights (the African Charter);
Conscious of the obligations of the Republic of Mali as a Member State of the African Union (AU) and a State Party to the African Charter;
Reaffirming its commitment to promote democracy in Africa and recognising that good governance, transparency and respect for human rights are essential principles contributing to peace and development in Africa;
Considering the provisions of the 2015 Peace and Reconciliation Agreement (the Algiers Agreement) which, among others, provides for the respect of national unity, territorial integrity and sovereignty of the State of Mali; the recognition and promotion of cultural and linguistic diversity; the rejection of violence as a means of political expression, but the use of dialogue and consultation for dispute settlements and respect for human rights, human dignity and fundamental and religious differences;
Further considering the resolution and reports of the Secretary General of the United Nations on the situation in Mali that highlight the problems encountered in the implementation of the Algiers Agreement;
Recalling its previous resolutions on the human rights situation in the North of Mali, the relevant decisions of the Peace and Security Council of the African Union (AU) and the Economic Community of West African States (ECOWAS) on Mali;
Further recalling its press releases of 12 July, 2014 and 26 March, 2019 on the socio-political and security situation in Mali respectively on the tragedy that occurred in Mali in the locality of Ogossagou, Cercle de Bankass, Mopti Region;
Bearing in mind Article 23 of the African Charter, guaranteeing the right of all peoples to peace and national and international security;
Reaffirming Articles 2, 3, 4, 5, 6, 12, 16 and 18 of the African Charter, guaranteeing the right to be protected against discrimination, the right to equal protection of the law, the right to life, the right not to be subjected to torture and other degrading treatment, the right to liberty and to security, the right to the freedom of movement, the right to the best possible state of physical and mental health and the protection of vulnerable persons;
Concerned by the different inter-community killings that occurred, particularly the one that occurred in March 2019, in respect of about a hundred people, all from the Fulani ethnic group, including the killing of pregnant women by ripping open their stomachs, of children and older leaders, executed with machetes in the locality of Ogossagou in the Mopti region
Concerned by the increase in the number of internally-displaced persons, thus creating a humanitarian crisis, including among Malian refugees in neighbouring countries following the various killings;
Further concerned by the numerous sectoral strikes, especially among judges, teachers’ unions and associations of students and pupils calling for improvement in social and economic conditions since November 2018;
Deeply concerned by the current fragile socio-political situation in Mali;
The Commission:
1. Welcomes the political agreement signed on 2 May, 2019 between the President of Mali and opposition political parties, and the stated will of the Malian authorities to implement the 2015 Agreement;
2. Condemns the worsening of the security, humanitarian and socio-political situation in Mali;
3. Requests the Malian authorities to conduct impartial investigations by all proper means with the view to identifying the perpetrators and accomplices of this massacre and all other human rights violations perpetrated against the civilian population in order to bring them before the courts and prosecute them in accordance with the applicable laws;
4. Urges the Malian authorities to implement the recommendation of the Security Council which encourages Mali to adopt the revised roadmap to give effect to the implementation of the Algiers peace and reconciliation Agreement of 2015;
5. Encourages all local, national and international initiatives seeking to restore the security, peace, inter-ethnic unity as well as the respect for co-existence in the affected localities and districts; and
6. Reiterates its intention to carry out a fact-finding mission to Mali and urges the relevant authorities to grant it the necessary authorisation to that effect.
Done in Sharm El Sheikh, Arab Republic of Egypt, 14 May 2019
