MALI: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Early marriage, particularly affecting girls
UN Committee on the Rights of the Child (Concluding Observations, February 2007)

While the Committee notes that some of its previous recommendations (CRC/C/15/Add.113 of 1999) have been implemented, it regrets that many of them have not been sufficiently addressed, including the recommendations regarding birth registration, corporal punishment and ill-treatment, neglect and abuse of children, female genital mutilation and early and forced marriages, economic exploitation, discrimination against certain vulnerable groups of children and the reform of the juvenile justice system. These concerns and recommendations are reiterated in the present document. (Paragraph 6)

The Committee notes with appreciation that the draft Individuals and Family Code sets the marriage age at 18 for boys and girls.

The Committee suggests that every feasible measure be taken to speed-up the process of legislative reform in order to ensure equality between the age of marriage for girls and boys. (Paragraphs 29 and 30)

UN Human Rights Committee
Last reported: 2 and 3 April 2003
Concluding Observations published: 16 April 2003

While welcoming the establishment of a Ministry for the Advancement of Women, Children and the Family, the Committee expresses its grave concern at the continued existence in Mali of legislation which discriminates against women, in particular with regard to marriage, divorce, and inheritance and succession, and of discriminatory customary rules relating to property ownership.
The State should pay particular attention to:
(b) Particular attention should be paid to the question of early marriage by girls, a widespread phenomenon. The State party should raise the minimum legal age for marriage by girls to the same age as for boys. (Paragraph 10).

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 January 2006
Concluding Observations published: 3 February 2006

The Committee is concerned about the lack of progress in revising discriminatory legislation. In particular, it expresses concern that proposed revisions of the Citizenship Code and Marriage and Guardianship Code (in the draft Personal and Family Code) and legislation on the issue of State- and privately-owned land have not been completed, thus allowing for the persistence of discriminatory provisions that deny women equal rights with men concerning issues related to the transmission of nationality, marriage and family relations and access to land. Such discriminatory provisions include: a younger marriageable age for women (15 years old) than for men (18 years old); termination of maintenance support awarded to an ex-wife on grounds of immoral behaviour; in the event of divorce, restitution to the husband of benefits given to his wife and limitations on the exercise of parental authority by a surviving mother; and discrimination against women concerning their customary land rights. The Committee also expresses concern that the proposed law reform in the area of marriage and family relations is not sufficiently comprehensive in that it does not include the abolition of polygamy or abandonment of the notion that men are the head of the household.
The Committee urges the State party to place high priority on implementing legislative reforms and, in particular, to complete the process needed to adopt the draft Personal and Family Code in the first quarter of 2006, as orally indicated to the Committee, in order to promptly bring the relevant provisions into line with articles 1, 2, 9 and 16 of the Convention. The Committee urges the State party to put in effect measures to discourage polygamy and to ensure that spouses have the same rights and responsibilities both during marriage and in the event of its dissolution. The Committee calls upon the State party to increase its efforts to sensitise public opinion regarding the importance of these reforms in order to achieve full compliance with their provisions. (Paragraphs 11 and 12)

While noting the considerable efforts made by the State party in the area of antenatal, post-partum and obstetric care, including the ten-year health and social development plan (1997), the Committee is concerned about the high maternal and infant mortality and morbidity, resulting from, inter alia, lack of appropriate care as well as lack of utilisation of existing services during pregnancy and childbirth, the limited access to adequate sexual and reproductive health services for women, especially women in rural areas, female genital mutilation, the low level of education, early marriage and unsafe abortions. The Committee is concerned about the unmet demand for family planning services and the low level of contraceptive use. The Committee is also concerned at the scant information provided about women and HIV/AIDS. (Paragraph 33).

Universal Periodic Review (May 2008)

57- 2. To enact legislation prohibiting all forms of traditional practice of FGM in line with
recommendations made by the Human Rights Committee, CEDAW and the Committee on the Rights of the Child (Netherlands); to consider the practicability of enacting legislation prohibiting FGM (Japan); to enact legislation prohibiting all forms of FGM (Ireland); to adopt legislative and other measures, including awareness-raising campaigns, to discontinue the existence of harmful traditions and practices undermining the equal enjoyment of human right by women; in particular to adopt and implement legislation prohibiting and criminalising FGM as well as domestic and other forms of violence against women (Czech Republic); to promptly adopt appropriate legislation, which prohibits excision and all forms of FGM and ensures that all those responsible for excision are duly punished (Switzerland); to take, together with sensitisation and awareness-raising campaigns, the necessary legislative measures to prohibit FGM (Mexico); to ensure that laws combating FGM and forced marriages are compatible with its international human rights obligations and that resources are allocated, including through multilateral international cooperation, to fully implement such laws (Portugal); to take the necessary measures to implement the recommendations of CEDAW and the Human Rights Committee concerning violence against women and FGM (Canada); (pending)
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Female genital mutilation
UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee welcomes the establishment of the national programme implemented by the State party in cooperation with non-governmental organisations to combat female genital mutilation (FGM) and the efforts undertaken to sensitise the population on the danger of other harmful practices. However, the Committee is deeply concerned that there is no specific legal prohibition to the practice of FGM. Particular concern is also expressed about the persistence of early and forced marriages and other harmful traditional practices listed in the State party report (CRC/C/MLI/2).

The Committee urges the State party to:

(a) implement legislative measures regarding the prohibition of female genital mutilation and the prohibition of traditional marriage practices, including early and forced marriages, which are harmful to children and ensure that perpetrators are brought to justice;
(b) continue and strengthen awareness-raising campaigns to combat FGM and reinforce sensitisation programmes for practitioners and the general public to encourage change in traditional attitudes, by engaging with the extended family as well as with traditional and religious leaders;
(c) take adequate measures to provide practitioners of female genital mutilation with adequate training necessary to find alternative sources of income; and
(d) take appropriate measures to eradicate FGM and other traditional practices harmful to the health, survival and development of children, especially girls. (Paragraphs 52 and 53)

UN Human Rights Committee
Last reported: 2 and 3 April 2003
Concluding Observations published: 16 April 2003

The Committee notes with concern that a very high percentage of women in Mali have reportedly been subjected to genital mutilation. The Committee welcomes the programmes already implemented by the authorities and non-governmental organisations to combat the practice, but regrets that there is no specific legal prohibition. The State party, moreover, has not been able to provide precise information on the specific results produced by the actions already taken (articles 3 and 7 of the Covenant).
The State party should prohibit and criminalise the practice of female genital mutilation so as to send a clear and strong signal to those concerned. The State party should strengthen its awareness-raising and education programmes in that regard, and inform the Committee, in its next periodic report, of efforts made, results obtained, and difficulties encountered. (Paragraph 11)
UN Committee on the Elimination of Racial Discrimination
Last reported: 20 and 21 August 2002
Concluding Observations published: 23 August 2002

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. (Paragraph 405)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 January 2006
Concluding Observations issued: 3 February 2006

While welcoming the establishment, in 2002, of the national programme to eradicate the practice of excision and other measures, including the prohibition of female genital mutilation from being carried out at health facilities, the training of personnel in the harmful effects of female genital mutilation and the retraining of the women who perform excisions, the Committee is concerned at the high incidence of this harmful traditional practice and the State party’s reluctance to expedite the adoption of legislation aimed at eradicating this violation of a woman’s human rights.

The Committee urges the State party to speedily enact legislation prohibiting excision and all forms of female genital mutilation to ensure that offenders are adequately prosecuted and adequately punished. It also recommends that the State party increase its efforts and develop a plan of action, including public awareness-raising campaigns, targeted at both women and men, with the support of civil society, to eliminate the practice of female genital mutilation. (Paragraph 23 and 24)

While noting the considerable efforts made by the State party in the area of antenatal, postpartum and obstetric care, including the ten-year health and social development plan (1997), the Committee is concerned about the high maternal and infant mortality and morbidity, resulting from, inter alia, lack of appropriate care as well as lack of utilisation of existing services during pregnancy and childbirth, the limited access to adequate sexual and reproductive health services for women, especially women in rural areas, female genital mutilation, the low level of education, early marriage and unsafe abortions. The Committee is concerned about the unmet demand for family planning services and the low level of contraceptive use. The Committee is also concerned at the scant information provided about women and HIV/AIDS.
The Committee recommends that the State party intensify its efforts to take holistic, inter-sectoral measures to improve women’s access to a wide range of health-care services, especially to emergency obstetric care and health-related services, and to information, in accordance with article 12 of the Convention and the Committee’s general recommendation 24 on women and health. It calls upon the State party to improve the availability of sexual and reproductive health services, including family planning, also with the aim of preventing early pregnancies and clandestine abortions. It encourages the State party to enhance such services, especially for rural women. The Committee further urges the State party to study the behavioural patterns of communities, and of women in particular, that inhibit their utilisation of existing services and to take appropriate action. The Committee requests the State party to provide, in its next report, detailed statistical and analytical information on the results of measures taken to improve women’s access to health-related services and information, including in regard to sexual and reproductive health and family planning, and the impact of these measures. It also calls on the State party to ensure the effective implementation of its HIV/AIDS strategies and to provide detailed statistical and analytical information about women and HIV/AIDS in its next periodic report. (Paragraph 33 and 34)

Universal Periodic Review (May 2008)

- 4. To reinforce the measures to combat FGM (Italy); to organise an awareness-raising campaign on the illegality and the medical consequences of FGM (Canada); (accepted)

- 5. To take further steps to combat all discriminatory and harmful cultural practices, including FGM, that prevent women and girls from enjoying their human rights (United Kingdom); to review all laws with the aim at eliminating all discriminatory norms against women (Germany); to take the necessary steps to reduce discriminatory practices and violence against women (France); to give high priority to reforming discriminatory legislation in order to adopt as soon as possible the draft family code, taking into account the recommendations made by CEDAW (Switzerland); (accepted)

57- 2. To enact legislation prohibiting all forms of traditional practice of FGM in line with
recommendations made by the Human Rights Committee, CEDAW and the Committee on the Rights of the Child (Netherlands); to consider the practicability of enacting legislation prohibiting FGM (Japan); to enact legislation prohibiting all forms of FGM (Ireland); to adopt legislative and other measures, including awareness-raising campaigns, to discontinue the existence of harmful traditions and practices undermining the equal enjoyment of human right by women; in particular to adopt and implement legislation prohibiting and criminalising FGM as well as domestic and other forms of violence against women (Czech Republic); to promptly adopt appropriate legislation, which prohibits excision and all forms of FGM and ensures that all those responsible for excision are duly punished (Switzerland); to take, together with sensitisation and awareness-raising campaigns, the necessary legislative measures to prohibit FGM (Mexico); to ensure that laws combating FGM and forced marriages are compatible with its international human rights obligations and that resources are allocated, including through multilateral international cooperation, to fully implement such laws (Portugal); to take the necessary measures to implement the recommendations of CEDAW and the Human Rights Committee concerning violence against women and FGM (Canada); (pending)

- 3. To establish legal equality between men and women with a view to abolishing any discrimination and all violence, including domestic violence suffered by women and girls, and legally ban FGM (Luxembourg); (pending)
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Discrimination against women and girls
UN Committee on the Rights of the Child (Concluding Observations, February 2007)

While noting that the Constitution and the Child Protection Code prohibit discrimination on the grounds of social origin, colour, language, race, sex, religion or political opinion, the Committee is concerned that discrimination against girls and certain groups of children still exists in practice, particularly with regard to children wth disabilities, children born out of wedlock, children of disadvantaged families and street children including garibou.

The Committee urges the State party to adopt appropriate measures, including legislative, as well as a comprehensive strategy to combat discrimination on any ground and against all vulnerable groups of children including via educational public campaigns aiming at changing negative social attitudes in this regard. (Paragraphs 31 and 32)

UN Human Rights Committee
Last reported: 2 and 3 April 2003
Concluding Observations published: 16 April 2003

While welcoming the establishment of a Ministry for the Advancement of Women, Children and the Family, the Committee expresses its grave concern at the continued existence in Mali of legislation which discriminates against women, in particular with regard to marriage, divorce, and inheritance and succession, and of discriminatory customary rules relating to property ownership.
The State should pay particular attention to:
(b) Particular attention should be paid to the question of early marriage by girls, a widespread phenomenon. The State party should raise the minimum legal age for marriage by girls to the same age as for boys.(Paragraph 10)
UN Committee on the Elimination of Racial Discrimination
Last reported: 20 and 21 August 2002
Concluding Observations issued: 23 August 2002

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. (Paragraph 404)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 January 2006
Concluding Observations published: 3 February 2006

The Committee is concerned about the lack of progress in revising discriminatory legislation. In particular, it expresses concern that proposed revisions of the Citizenship Code and Marriage and Guardianship Code (in the draft Personal and Family Code) and legislation on the issue of State- and privately-owned land have not been completed, thus allowing for the persistence of discriminatory provisions that deny women equal rights with men concerning issues related to the transmission of nationality, marriage and family relations and access to land. Such discriminatory provisions include: a younger marriageable age for women (15 years old) than for men (18 years old); termination of maintenance support awarded to an ex-wife on grounds of immoral behaviour; in the event of divorce, restitution to the husband of benefits given to his wife and limitations on the exercise of parental authority by a surviving mother; and discrimination against women concerning their customary land rights. The Committee also expresses concern that the proposed law reform in the area of marriage and family relations is not sufficiently comprehensive in that it does not include the abolition of polygamy or abandonment of the notion that men are the head of the household.
The Committee urges the State party to place high priority on implementing legislative reforms and, in particular, to complete the process needed to adopt the draft Personal and Family Code in the first quarter of 2006, as orally indicated to the Committee, in order to promptly bring the relevant provisions into line with articles 1, 2, 9 and 16 of the Convention. The Committee urges the State party to put in effect measures to discourage polygamy and to ensure that spouses have the same rights and responsibilities both during marriage and in the event of its dissolution. The Committee calls upon the State party to increase its efforts to sensitise public opinion regarding the importance of these reforms in order to achieve full compliance with their provisions. (Paragraph 11 and 12)

Universal Periodic Review (May 2008)

- 5. To take further steps to combat all discriminatory and harmful cultural practices, including FGM, that prevent women and girls from enjoying their human rights (United Kingdom); to review all laws with the aim at eliminating all discriminatory norms against women (Germany); to take the necessary steps to reduce discriminatory practices and violence against women (France); to give high priority to reforming discriminatory legislation in order to adopt as soon as possible the draft family code, taking into account the recommendations made by CEDAW (Switzerland); (accepted)

- 3. To establish legal equality between men and women with a view to abolishing any discrimination and all violence, including domestic violence suffered by women and girls, and legally ban FGM (Luxembourg); (pending)
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High rates of infant and maternal fatality an poor reproductive health care services
UN Committee on the Rights of the Child (Concluding Observations, February 2007)

While acknowledging the efforts undertaken by the State party to improve health services, particularly in the area of immunisation, combating malaria and promoting breastfeeding, the Committee remains concerned at the low level of GDP allocated to health, the limited number of doctors and of health centers - especially in rural and remote areas, the high maternal and child mortality rates, the high rate of child malnutrition, the still low breastfeeding rates and the prevalence of malaria.

The Committee recommends that the State party:

(a) strengthen its efforts to ensure universal access to maternal and child health care services and facilities, in particular, in rural and remote areas, inter alia by, increasing allocation of financial and human resources;
(b) strengthen its efforts to ensure that all children have access to basic health care, in urban as well as in rural and remote areas;
(c) reinforce measures to prevent malnutrition and malaria and increase immunisation coverage for as many children and mothers as possible; and
(d) reinforce measures to promote and encourage exclusive breastfeeding for an infant’s first six months and adopt the International Code of Marketing of Brest-milk Substitute. (Paragraphs 50 and 51)

The Committee is concerned that insufficient attention has been given to adolescent health issues, including developmental, mental and reproductive health concerns, as well as drug use, alcohol and tobacco abuse. The Committee is also concerned at the high rate of teenage pregnancy and the lack of adequate and accessible sexual and reproductive health services.

The Committee recommends that the State party:

(a) strengthen adolescent-sensitive mental health counseling services and make them known and accessible to adolescents;
(b) take measures to prevent and reduce alcohol and drug abuse among adolescents and to support recovery and social reintegration programmes for child victims of drug and alcohol abuse including by seeking technical cooperation from, inter alia, WHO and UNICEF;
(c) strengthen sex and reproductive health education for adolescents, especially in schools, with a view to reduce the incidence of teenage pregnancies and to provide adolescents with the necessary assistance and access to health care and education; and
(d) take into account the General Comment No. 4 on adolescent health and development in the context of the Convention on the Rights of the Child (CRC/GC/2003/4) of 2003. (Paragraphs 54 and 55)

UN Human Rights Committee
Last reported: 2 and 3 April 2003
Concluding Observations: 16 April 2003

While noting the considerable efforts made by the State party, the Committee remains concerned by the high maternal and infant mortality rate in Mali, due in particular to the relative inaccessibility of health and family planning services, the poor quality of health care provided, the low educational level and the practice of clandestine abortions (article 6 of the Covenant).
So as to guarantee the right to life, the State party should strengthen its efforts in that regard, in particular in ensuring the accessibility of health services, including emergency obstetric care. The State party should ensure that its health workers receive adequate training. It should help women avoid unwanted pregnancies, including by strengthening its family planning and sex education programmes, and ensure that they are not forced to undergo clandestine abortions, which endanger their lives. In particular, attention should be given to the effect on women’s health of the restrictive abortion law. (Paragraph 14)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 January 2006
Concluding Observations published: 3 February 2006

While noting the considerable efforts made by the State party in the area of antenatal, postpartum and obstetric care, including the ten-year health and social development plan (1997), the Committee is concerned about the high maternal and infant mortality and morbidity, resulting from, inter alia, lack of appropriate care as well as lack of utilisation of existing services during pregnancy and childbirth, the limited access to adequate sexual and reproductive health services for women, especially women in rural areas, female genital mutilation, the low level of education, early marriage and unsafe abortions. The Committee is concerned about the unmet demand for family planning services and the low level of contraceptive use. The Committee is also concerned at the scant information provided about women and HIV/AIDS.
The Committee recommends that the State party intensify its efforts to take holistic, inter-sectoral measures to improve women’s access to a wide range of health-care services, especially to emergency obstetric care and health-related services, and to information, in accordance with article 12 of the Convention and the Committee’s general recommendation 24 on women and health. It calls upon the State party to improve the availability of sexual and reproductive health services, including family planning, also with the aim of preventing early pregnancies and clandestine abortions. It encourages the State party to enhance such services, especially for rural women. The Committee further urges the State party to study the behavioural patterns of communities, and of women in particular, that inhibit their utilisation of existing services and to take appropriate action. The Committee requests the State party to provide, in its next report, detailed statistical and analytical information on the results of measures taken to improve women’s access to health-related services and information, including in regard to sexual and reproductive health and family planning, and the impact of these measures. It also calls on the State party to ensure the effective implementation of its HIV/AIDS strategies and to provide detailed statistical and analytical information about women and HIV/AIDS in its next periodic report. (Paragraph 33 and 34)
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Inadequate response toe HIV and AIDS
UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee welcomes the efforts undertaken by the State party to combat HIV/AIDS such as the establishment of the High National Council for Combating HIV/AIDS and the decision to provide free antiretroviral therapy. However, the Committee remains concerned at the high number of children infected and/or affected by HIV/AIDS and the lack of preventive measures taken and the inadequate assistance given to AIDS orphans as well as the lack of data.

The Committee recommends that the State party, while taking into account the Committee’s General Comment No. 3 (2003) on HIV/AIDS and the rights of the child and to the international Guidelines on HIV/AIDS and Human Rights, that the State party:

(a) ensure the universal and cost-free access to antiretroviral therapy;
(b) involve children in the programme of fight against HIV/AIDS in particular by ensuring that more attention is given to the issue of children and HIV/AIDS;
(c) continue and strengthen its efforts to prevent mother-to-child transmission of HIV;
(d) strengthen its efforts to combat HIV/AIDS, including through ensuring availability of contraceptives throughout the country and through awareness raising campaigns;
(e) improve the protective and preventive support for AIDS orphans;
(f) continue to prevent discrimination against children infected with and/or affected by HIV/AIDS; and
(g) take steps to collect disaggregated data on the prevalence of HIV/AIDS in the State party, including among children, which can be used for the development, implementation and monitoring of policies and programmes for children living with HIV/AIDS. (Paragraphs 56 and 57)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 January 2006
Concluding Observations published: 3 february 2006

The Committee is also concerned at the scant information provided about women and HIV/AIDS.

[The Committee] calls on the State party to ensure the effective implementation of its HIV/AIDS strategies and to provide detailed statistical and analytical information about women and HIV/AIDS in its next periodic report. (Paragraphs 33 and 34)

Universal Periodic Review (May 2008)

- 10. To expand coverage and access to services that prevent the transmission of HIV from mother to child (Ireland); (accepted)
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Trafficking of children
UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee welcomes the various efforts taken by the State party to combat the trafficking of children including by signing cooperative agreements with its neighbouring countries. However, the Committee remains concerned at the cross- border trafficking of children to other countries in the region and especially from Mali to Côte d’Ivoire, the lack of investigations opened and the lack of data on the number of children trafficked.

The Committee recommends that the State party:

(a) take measures, including legislation, to prevent and protect children from trafficking;
(b) effectively implement a policy against trafficking, including by allocating appropriate financial and human resources and by awareness raising campaigns;
(c) ensure that all cases of trafficking are investigated and that perpetrators are charged, convicted and punished in accordance with due process of law;
(d) ensure the application of the cooperative agreements to control cross- border trafficking;
(e) reinforce the community surveillance units in the frontier zones of Sikasso, Ségou, Mopti and Koulikoro;
(f) ensure the return of the child to its country and its family, if this is in the best interests;
(g) provide adequate programs of assistance, recovery and reintegration for trafficked children, who should be treated as victims and neither criminalised nor penalised; and
(h) seek cooperation with, among others, UNICEF and the International Organisation for Migration. (Paragraphs 68 and 69)

UN Human Rights Committee
Last reported: 2 and 3 April 2003
Concluding Observations published: 16 April 2003

Recalling the efforts undertaken by the State party in this regard, the Committee remains concerned by the trafficking of Malian children to other countries in the region, in particular, Côte d’Ivoire, and their subjection to slavery and forced labour (art. 8).
The State party should take action to eradicate this phenomenon. Information on measures taken by the authorities to prosecute the perpetrators of this traffic, as well as more precise details of the numbers of victims and of children benefiting from protection, repatriation and reintegration measures, should be provided in the next periodic report. (Paragraph 17)

UN Committee on the Elimination of Discrimination against Women
Last reported; 31 January 2006
Concluding Observations published: 3 February 2006

The Committee is concerned about the exploitation of prostitutes, the lack of information about the efforts to combat this phenomenon and the lack of information about the extent of trafficking in women and measures taken to address this issue. (Paragraph 21)
The Committee urges the State party to: pursue a holistic approach in order to provide women and girls with educational and economic alternatives to prostitution; facilitate the reintegration of prostitutes into society; and provide rehabilitation and economic empowerment programmes for women and girls exploited in prostitution. The Committee requests that the State party provide information on measures taken to combat this phenomenon in its next report. It requests the State party to provide detailed information on trafficking in women and measures taken, including legislation, to prevent trafficking, protect victims and punish traffickers, as well as on the impact of such measures.

UN Committee on Migrant Workers
Last reported: 25 April 2006
Concluding Observations published: 31 May 2006

The Committee takes note with satisfaction of the efforts made by the State party to combat trafficking in children. Nevertheless, it is concerned to note that, as the State party acknowledges, trafficking in children continues to be a very serious problem in Mali. The Committee is particularly concerned at the trafficking in Malian children to other countries in the region and at the fact that they are subjected to slavery and forced labour. It is also concerned about the situation of migrant girls who are allegedly exploited.
The Committee recommends that the State party should intensify its efforts to combat trafficking in children, in cooperation with international governmental and non-governmental organisations, and to implement the recommendations made in this regard by the Human Rights Committee and the Committee on the Rights of the Child. (Paragraph 22)

Universal Periodic Review (May 2008)

- 11. To reinforce the measures taken against trafficking children, in particular cross-border trafficking, and child labour (Democratic Republic of Congo); to implement effective measures to fight child labour and trafficking in children (Brazil); (accepted)
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Violence against children
UN Committee on the Rights of the Child (Concluding Observations, February 2007)

While the Committee notes the efforts undertaken by the State party to put in place laws and regulations to combat child abuse and neglect, the Committee is concerned that Malian law fails to prevent and penalise child abuse and neglect. Furthermore, the Committee is concerned that there is a lack of psychological and social support, an absence of legal and material assistance for victims and a lack of statistical data on child abuse and neglect.

The Committee recommends that the State party:

(a) adopt an inclusive and rights-based legal framework which addresses child abuse and neglect;
(b) develop awareness-raising campaigns, with the involvement of children, to prevent and combat child abuse and neglect;
(c) provide a 3-digit, toll-free, 24-hour national helpline for children;
(d) ensure the psychological and legal support for children victims of abuse or neglect;
(e) ensure that there is an effective system for receiving, monitoring and investigating reports on sexual abuse and ill-treatment, in a manner which is child-sensitive, and that the privacy of victims is well protected and that perpetrators are brought to justice; and
(f) undertake studies on child abuse and neglect, including sexual abuse, to assess the extent, scope and nature of these practices.

With reference to the UN Study on Violence against Children, the Committee recommends the State party:

(a) take all necessary measures for the implementation of the overarching and setting-specific recommendations contained in the Report of the independent expert of the UN Study on Violence against children (A/61/299) while taking into account the outcome and recommendations of the Regional Consultations for West and Central Africa (held from 23-25 May 2005) hosted by the State party;
(b) use these recommendations as a tool for action in partnership with civil society and in particular with the involvement of children to ensure that every child is protected from all forms of physical, sexual and mental violence and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse; and
(c) seek technical assistance from UNICEF, OHCHR and WHO for the above mentioned purposes. (Paragraphs 45 to 47)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 January 2006
Concluding Observations published: 3 February 2006

The Committee is concerned about the prevalence of violence against women and girls, including domestic violence, which appears to be tolerated by society. The Committee is also concerned about the legislative gaps in this area, including the lack of specific legislation on domestic violence, including marital rape, and specific legislation to address sexual harassment.
The Committee urges the State party to accord priority attention to the adoption of comprehensive measures to address violence against women and girls in accordance with its general recommendation 19 on violence against women. The Committee calls on the State party to enact legislation on domestic violence, including marital rape, sexual harassment and on all forms of sexual abuse, including sexual harassment, as soon as possible. Such legislation should ensure that: violence against women and girls constitutes a criminal offence; women and girls who are victims of violence have access to immediate means of redress and protection; and perpetrators are prosecuted and adequately punished. The Committee recommends the implementation of training for parliamentarians, the judiciary and public officials, in particular law enforcement personnel, and health-service providers so as to ensure that they are sensitised to all forms of violence against women and can provide adequate support to victims. It also recommends the establishment of counselling services for victims of violence and the organisation of public awareness-raising campaigns on all forms of violence against women. (Paragraph 19 and 20)

Universal Periodic Review (May 2008)

- 3. To establish legal equality between men and women with a view to abolishing any discrimination and all violence, including domestic violence suffered by women and girls, and legally ban FGM (Luxembourg); (pending)
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Corporal punishment
UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee appreciates the efforts undertaken by the State party to combat corporal punishment by implementing legislative, administrative, social and educational measures. However, the Committee remains concerned that corporal punishment is lawful in the home and that it is used within families, Koranic schools, alternative care settings and that it is not explicitly prohibited in penal institutions.

The Committee urges the State party, while taking into account its General Comment No. 1 on the aims of education (CRC/GC/2001/1) and General Comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/GC/2006/8), to:

(a) explicitly prohibit corporal punishment within the home, in all alternative care settings, and penal institutions;
(b) continue to sensitise and educate parents, guardians and professionals working with and for children by carrying out public educational campaigns about the harmful impact of corporal punishment;
(c) continue to promote positive, non-violent forms of discipline as an alternative to corporal punishment; and
(d) seek assistance from, among others, UNICEF and WHO. (Paragraphs 39 and 40)

Universal Periodic Review (May 2008)

- 12. To adopt effective measures to combat all forms of ill-treatment of children, including corporal punishment (Italy); (accepted)
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Inadequate education provision, particularly affecting girls
UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee acknowledges the efforts of the State party to improve access to education, including for children with disabilities and nomadic children, to increase attendance rates and to combat gender disparities by achieving education for all by 2015. However, the Committee remains deeply concerned at the persistence of low rates of school enrolment and especially at the gender and geographical disparities with regard to access to education. The Committee is also concerned at high illiteracy rates among children, the low level of qualification of teachers and the low number of teachers, the very limited pupil teacher ratio, the insufficiency of adequate facilities, the high drop out and repetition rates, particularly of girls, the indirect school-costs constituting barriers to education, the lack of information on vocational training and the type of education given in Koranic schools. Furthermore, the Committee notes with concern that the budget allocation for education has been reduced.

The Committee recommends that the State party:

(a) continue with its programme to achieve education for all by 2015 by paying particular attention to increasing enrolment and enrolment parity between girls boys and of urban, rural and remote areas;
(b) takes all appropriate measures to increase the allocation of adequate financial resources to improve the situation of education by paying particular attention to ensure a sufficient number of school facilities;
(c) improve teacher training and recruit more teachers, as planned, in order to improve the quality of education and in this regard improve, as necessary, the quality of the school-curricula;
(d) implement measures to reduce drop out and repetition rates;
(e) eliminate indirect school-costs;
(f) promote the establishment of vocational training and provide detailed information in this respect in its next periodic report;
(g) take appropriate measures to ensure that Koranic schools respect national school curricula and aims of education in conformity with Article 29 of the Convention and are placed under the authority of the Ministry for Education; and
(h) seek technical assistance from UNICEF and UNESCO in this regard. (Paragraphs 60 and 61)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 January 2006
Concluding Observations published: 3 February 2006

While acknowledging the significant progress in the area of education, the Committee is concerned that there is still a gap between males and females in the educational system and by the low rate of female literacy. The Committee is also concerned that the success rate for girls is lower than it is for boys, that girls are more likely to drop out due to early pregnancies and that only a small proportion of teachers are women. The Committee notes that education is a key to the advancement of women and that the low level of education of women and girls remains one of the most serious obstacles to their full enjoyment of their human rights.
The Committee urges the State party to raise awareness about the importance of education as a fundamental human right and as a basis for the empowerment of women and to take steps to overcome traditional attitudes that constitute obstacles in this area. It also recommends that the State party prioritise efforts to improve the literacy level of girls and women and ensure equal access of girls and young women to all levels of education. The Committee further urges the State party to take measures to increase the enrolment of girls at all levels and recommends the introduction of further temporary special measures, in accordance with general recommendation 25, including incentives for parents to send girls to school. (Paragraph 27 and 28)

Universal Periodic Review (May 2008)

- 3. That Mali's request for technical assistance be taken on board by the international community
(Morocco); that appropriate technical and financial assistance be provided to Mali in the field of women literacy and in the struggle against the phenomenon of children living and working in the street (Congo); and that Mali be providing with the necessary technical assistance it is seeking in order to promote human rights in the country (Syrian Arab Republic); (accepted)

- 13. To accelerate efforts to increase school enrolment, including parity between girls and boys
(South Africa); to enhance its policies regarding access to education, in particular for girls (Portugal); (accepted)
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Use of detention for children in conflict with the law
UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee welcomes the fact that legal reforms are underway and that the ones carried out in the justice sector have integrated the provisions of the “Riyad Guidelines” and “Beijing Rules”. However, the Committee remains concerned at the limited progress achieved in establishing a functioning juvenile justice system throughout the country. In particular, the Committee is concerned at the lack of systematic use of alternative measures (e.g. diversion and restorative justice), the detention of juveniles within the same facilities as adults, the absence of juvenile courts in most of the regions, the limited number of specialised and trained juvenile judges and the insufficiency of facilities and programmes for the physical and psychological recovery and social reintegration of children.

The Committee recommends that the State party fully bring the system of of juvenile justice in line with the Convention, in particular article 37(b), article 40 and 39, as well as with other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children in the Criminal Justice System and the recommendations of the Committee made at its day of general discussion on juvenile justice (CRC/C/46, paras. 203-238). In this regard, the Committee recommends that the State party:

(a) speed-up the process of legal reforms;
(b) develop and implement alternative measures such as diversion and restorative justice in order to strengthen the possibilities of dealing with children in conflict with the law without resorting to judicial proceedings;
(c) ensure that deprivation of liberty is used only as a measure of last resort and for the shortest appropriate period of time;
(d) in cases where deprivation of liberty is unavoidable and used as a last resort improve conditions of detention an ensure that children in detention are placed in separate facilities from adults and pay special attention in this regard to girls;
(e) ensure that persons below 18 years have access to appropriate legal aid and defense and an independent, child-sensitive and effective complaint mechanism;
(f) provide training on relevant international standards to those responsible for administration of the juvenile justice system including judges, magistrates and law enforcement officials;
(g) ensure both sentenced and released persons below 18 years are provided with educational opportunities, including vocational and life-skills training, recovery and social reintegration services;
(h) establish specialised juvenile courts in various regions of the country and appoint further specialised juvenile judges;
(i) accelerate the appointment of the probation officers (“Délégués à la liberté surveillée”) and provide them with adequate resources to carry out their mandate; and
(j) seek technical assistance from, the United Nations Interagency panel on Juvenile Justice which includes UNODC, UNICEF, OHCHR and NGOs. (Paragraphs 70 and 71)

Universal Periodic Review (May 2008)
- 14. To extend the juvenile justice system to the whole country and create alternative forms of
deprivation of liberty for children in conflict with the law (Mexico); (accepted)
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Countries

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