RES/37/39 Technical assistance and capacity-building for Mali in the field of human rights

GE.18-05349 (E) 060418 090418



Human Rights Council Thirty-seventh session

26 February–23 March 2018

Agenda item 10

Resolution adopted by the Human Rights Council on 23 March 2018

37/39. Technical assistance and capacity-building for Mali in the field of

human rights

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights and other relevant

international human rights instruments,

Recalling General Assembly resolution 60/251 of 15 March 2006,

Recalling also its resolutions 5/1, on institution-building of the Human Rights

Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the

Council, both of 18 June 2007,

Recalling further its resolutions 20/17 of 6 July 2012, on the situation of human

rights in Mali, 22/18 of 21 March 2013, in which it established the mandate of the

Independent Expert on the situation of human rights in Mali, and 25/36 of 28 March 2014,

31/28 of 24 March 2016 and 34/39 of 24 March 2017, by which it extended the mandate of

the Independent Expert,

Reaffirming that all States have a responsibility to promote, protect and fulfil the

human rights and fundamental freedoms enshrined in the Charter, the Universal Declaration

of Human Rights, the International Covenants on Human Rights and other relevant

international human rights instruments to which they are party,

Reaffirming also its commitment to the sovereignty, independence, unity and

territorial integrity of Mali,

Deeply concerned about the deterioration of the security situation and the increase in

attacks by terrorist groups in the north and their spread to central and southern Mali, and the

rise of violent extremism, the proliferation of small arms, drug trafficking, migrant

smuggling, the traffic in persons and other transnational organized criminal activities,

Deeply concerned also about continued human rights violations and breaches,

including abuses, the slow progress in the implementation of some relevant provisions of

the Agreement on Peace and Reconciliation in Mali and the difficulties in the redeployment

of government services and the access of the population to basic social services,

United Nations A/HRC/RES/37/39

General Assembly Distr.: General 5 April 2018

English

Original: French

2 GE.18-05349

Remaining concerned over the food and humanitarian crisis faced by the populations

affected by the conflict and by the insecurity which hinders humanitarian access, and

condemning the attacks against humanitarian personnel,

Noting with satisfaction the fact that the Government of Mali and the signatory

groups have renewed their commitment to expeditiously fulfil their obligations under the

Agreement on Peace and Reconciliation in Mali, in particular the adoption of a calendar of

priority actions, and the progress represented by the appointment of interim authorities, and

stressing that much progress remains to be made towards the full implementation of the

Agreement, in particular the effective implementation of decentralization, transitional

justice, the disarmament, demobilization and reintegration process, justice sector reform

and security sector reform,

Welcoming Security Council resolution 2374 (2017) of 5 September 2017, which

establishes a regime of targeted sanctions against in particular those who obstruct the

implementation of the Agreement on Peace and Reconciliation in Mali and those who plan,

direct or conduct human rights violations or abuses or violations of international

humanitarian law, including acts targeting the civilian population, including women and

children,

Noting the commitment made by the Government of Mali at a number of sessions of

the Council to place priority on dialogue and national reconciliation in resolving the crisis,

Noting also the commitment made by the Government of Mali to restore the rule of

law and to combat impunity effectively,

Welcoming the cooperation of the Malian authorities with international human rights

mechanisms, notably the planning of two visits to Mali by thematic special procedures

mandate holders of the Human Rights Council in 2018,

Noting the holding of the third universal periodic review of Mali in January 2018

and encouraging the Government of Mali to take the necessary measures for the

implementation of the recommendations that it accepts,

Taking note of the latest report of the Secretary-General on the situation in Mali,1 in

which he expresses concern about the lack of involvement of women in the peace process

and reiterates that they should be included in all decision-making structures relating to the

peace process, and emphasizing the important role of women in prevention and resolution

of conflicts and in peacebuilding,

Taking note also of the joint report of the United Nations Multidimensional

Integrated Stabilization Mission in Mali and the Office of the United Nations High

Commissioner for Human Rights on human rights and the peace process in Mali, published

in February 2018, which finds that more than 600 cases of human rights violations and

abuses were committed between January 2016 and June 2017, involving more than 2,700

victims, and which demonstrates that respect for human rights can create an environment

that is conducive to the implementation of the Peace Agreement, and underscoring the

importance of the human rights reports prepared by the United Nations Multidimensional

Integrated Stabilization Mission in Mali in fulfilment of one of the components of its

mandate for the promotion and protection of human rights,

Taking note with appreciation of the report of the Independent Expert on the

situation of human rights in Mali,2

Noting the account taken by the G5 Sahel joint force of the human rights due

diligence policy on United Nations support to non-United Nations security forces,

Noting also the establishment of the framework for ensuring the compliance of the

joint force operations with human rights and international humanitarian law,

1 S/2017/1105.

2 A/HRC/37/78.

GE.18-05349 3

1. Strongly condemns the violations and abuses of human rights and the

violations of international humanitarian law, including those involving the recruitment and

use of children as soldiers and the violations of their rights, and the violations and abuses of

women’s rights that have been perpetrated in Mali since the beginning of the crisis, and all

the terrorist attacks, including the fatal attacks committed in 2018 against itinerant traders;

2. Also strongly condemns the attacks, including terrorist attacks against

civilians, the Malian defence and security forces, the United Nations Multidimensional

Integrated Stabilization Mission in Mali and the French forces, underlines the importance of

bringing perpetrators, sponsors, organizers and financiers of these acts to justice, and urges

the Government of Mali to ensure that those responsible for these acts are prosecuted;

3. Reiterates its call for an immediate halt to all human rights violations,

breaches and abuses, and for the strict observance of all human rights and fundamental

freedoms;

4. Calls upon all parties to facilitate full, safe, and unhindered access for the

timely delivery of aid to all persons in need across Mali, and to ensure the safety and

protection of civilians receiving assistance and of humanitarian personnel operating in

Mali;

5. Calls upon the Government of Mali to continue and to intensify its efforts to

protect, respect and fulfil human rights and to promote national reconciliation, in particular

by strengthening the judiciary, developing transitional justice mechanisms and effectively

redeploying government services throughout the country;

6. Calls upon all signatories of the Agreement on Peace and Reconciliation in

Mali to implement all its provisions, in line with their renewed commitments made at the

last meeting of the Agreement Monitoring Committee held on 15 and 16 January 2018,

including those relating to the disarmament, demobilization and reintegration of former

rebel fighters, the redeployment of Malian armed forces throughout the territory and

decentralization, the fight against impunity, the functioning of the interim administrations

in the north and the participation of women, and welcomes the involvement of the Carter

Center as an independent observer of the Peace Agreement;

7. Encourages the Malian authorities to put in place all necessary measures to

prevent and put an end to the unlawful recruitment and use of children as soldiers, and to

implement sustainable reintegration and rehabilitation programmes, including by taking

into account the gender perspective;

8. Notes with appreciation the initiation in January 2013 of an investigation by

the Prosecutor of the International Criminal Court into crimes committed on the territory of

Mali since January 2012, notes that on 27 September 2016 the Court found an individual

guilty of intentionally directing attacks against buildings of a religious and historical

character in Timbuktu, and recalls that it is important for all Malian stakeholders to lend the

Court their support and cooperation;

9. Supports, in this regard, the efforts of the Government of Mali to bring all

perpetrators of violations and abuses of human rights and international humanitarian law

before impartial and independent courts, urges it to intensify those efforts and encourages it

to continue its cooperation with the International Criminal Court;

10. Welcomes the establishment by the Secretary-General of the International

Commission of Inquiry provided for by the Agreement on Peace and Reconciliation in Mali

to investigate the grave violations of human rights and international humanitarian law

committed in Mali since January 2012, and encourages the United Nations Secretariat to

provide the Commission with the necessary means to carry out its mandate;

11. Calls upon the Government of Mali to ensure that women participate more

fully in the national reconciliation process and in all decision-making structures relating to

the peace process, in conformity with relevant Security Council resolutions and the law

establishing a 30 per cent quota for women in national institutions that was adopted by the

Government in December 2015, and to heighten the political empowerment of women at all

levels;

4 GE.18-05349

12. Supports the measures taken by the Government to transfer pupils from some

insecure localities in the northern and central regions to other schools and to organize

special assessments for them;

13. Welcomes the establishment by the Malian authorities of a ministerial

department dedicated exclusively to the promotion and protection of human rights,

commends the progress achieved by the Justice, Truth and Reconciliation Commission,

which has made it possible to collect more than 7,000 statements from victims in several

regions of Mali, and encourages the Malian authorities to ensure that the Commission has

the independence and means needed to fulfil its mandate to support the victims of the crises

in Mali;

14. Encourages the Malian authorities and all regional and international actors to

continue their efforts to consolidate the progress made towards attaining peace and security

in Mali;

15. Commends the work of the United Nations Multidimensional Integrated

Stabilization Mission in Mali to support the efforts of the Government of Mali to restore

State authority and the rule of law in the country, and deplores the loss of life suffered by it;

16. Emphasizes that the efforts of the G5 Sahel joint force to counter the

activities of terrorist groups and other organized criminal groups will help to create a more

secure environment and at last to establish the conditions required to improve the human

rights situation in Mali, and emphasizes the need to operationalize the human rights

protection and accountability mechanisms;

17. Requests all parties to respect human rights and to ensure their strict

observance of international human rights law and international humanitarian law, in

particular in the course of counter-terrorism operations;

18. Reiterates its appreciation for the humanitarian assistance already provided to

members of the population affected by the crisis, and urges the international community to

continue to deliver, in consultation with the Government of Mali and the neighbouring

countries concerned, appropriate and secure humanitarian assistance to refugees and

displaced persons, particularly in the north of Mali, with a view to facilitating access by the

population to basic social services and to establishing conditions conducive to the gradual

recovery of the country;

19. Welcomes the formulation of the Specific Development Strategy for the

Northern Regions of Mali, urges the Government to pursue its development work through

the implementation of the Emergency Programme for the Revival of Development in the

North and the Reconstruction and Economic Recovery Programme, and also urges the

Government to accelerate the return of the administration and basic services in the centre

and north of the country and to work towards establishing an acceptable level of security;

20. Requests friendly countries and partner organizations that have pledged

contributions at conferences on the development of Mali to honour those pledges in order to

assist the Government to expedite the effective and comprehensive implementation of the

Agreement on Peace and Reconciliation in Mali;

21. Reaffirms the need to proceed swiftly with the electoral process and

welcomes the arrangements for holding, within the time frame set by the Constitution, fair,

free, transparent and inclusive elections in 2018 that guarantee freedom of expression and

the will of the people;

22. Welcomes the close cooperation of the Government of Mali with the

Independent Expert on the situation of human rights in Mali in the fulfilment of the

mandate entrusted to him;

23. Notes with satisfaction that the Government of Mali has undertaken to act

upon the recommendations made by the Independent Expert following his visits to Mali;

24. Decides to extend the mandate of the Independent Expert on the situation of

human rights in Mali for a period of one year in order to permit him to evaluate the

GE.18-05349 5

situation of human rights in Mali and to assist the Government of Mali in its efforts to

promote, protect and fulfil human rights and to strengthen the rule of law;

25. Calls upon all parties in Mali to cooperate fully with the Independent Expert

and to assist him in carrying out his mandate;

26. Requests the Independent Expert, within the framework of his mandate, to

work closely with all entities of the United Nations, the African Union, the Economic

Community of West African States, neighbouring States and all other international

organizations concerned, and with Malian civil society;

27. Also requests the Independent Expert to submit a report to the Human Rights

Council at its fortieth session;

28. Decides to hold a dialogue at its fortieth session, in the presence of the

Independent Expert and representatives of the Government of Mali, to assess the evolution

of the situation of human rights in the country, with a particular focus on the fight against

impunity;

29. Invites the Secretary-General and the United Nations High Commissioner for

Human Rights to continue to provide the Independent Expert with all the assistance he

needs to discharge his mandate fully;

30. Requests the High Commissioner to continue to provide the technical

assistance requested by the Government of Mali in order to strengthen the capacity of the

National Human Rights Commission of Mali, and encourages the Malian authorities to

bring the Commission into conformity with the principles relating to the status of national

institutions for the promotion and protection of human rights (Paris Principles) and to

provide it with the necessary means to carry out its work independently;

31. Urges the international community to continue to provide assistance to Mali

in order to ensure its stability with a view to promoting respect for all human rights and to

carrying out a determined effort to combat impunity, which will pave the way for national

reconciliation, peace and social cohesion;

32. Decides to remain seized of this matter.

Fifty-sixth session

23 March 2018

[Adopted without a vote.]