19TH SESSION OF THE ASSEMBLY OF STATES PARTIES
8 December 2020
Name of the Side Event: La transition politique et la lutte contre l’impunité au Mali (co-hosted by Lawyers Without Borders Canada (LWBC) and International Federation for Human Rights (FIDH))
Report by: Paul Weber, Junior Research Associate PILPG-NL
Highlights:
Impunity for international crimes and extra-judicial releases of suspects of serious international crimes in Mali contribute to eroding trust in the institutions.
Lack of political will and the ongoing peace negotiations, in which prisoner releases are part of compromises, prevent the ending of impunity for crimes committed in Mali.
Civil society organizations are engaged in fact-finding missions and in advancing cases in Mali, yet struggle with the lack of resources and consequences of the COVID-19 pandemic.
Summary of the Event:
On Tuesday, 8 December, Avocats sans Frontières (ASF) Canada, together with the International Federation of Human Rights (IFHR) and the Moroccan Association of Human Rights (AMDH) in association with the Belgian Permanent Representation to International Institutions in the Hague, organized a side event to the 19th ASP on the situation in Mali. Since the end of the conflict in Mali, the country has been in a political transition period, slowly returning to peace. However, impunity for the crimes perpetrated during the period of violence is threatening the efficiency of the peace process.
The event started with a welcome note by H.E. William Roelants de Stapper, the Belgian Permanent Representative to the International Institutions in the Hague. H.E. Roelants de Stapper noted that Mali faces a difficult road to peace and emphasized that the fight against impunity for international crimes committed during the conflict remains a crucial step for a peaceful future. The event’s moderator, Ms. Drissa Traore, secretary-general of IFHR, gave the word to Mr. Cheick Diakité, who is charged with strategic litigation for ASF Canada. Mr. Diakite emphasized that a successful political transition for Mali requires the punishment of human rights violations. He reported on promising initial steps towards providing justice to victims of instances of mass violence. Nevertheless, Mr. Diakité expressed concern that steps towards strengthening the judicial system had faltered in the face of another military uprising this year.
The following speaker, Mr. Drissa Traore (coincidentally having the same name as the moderator), reported on the far-spread occurrence of extrajudicial releases of suspects of crimes. Mr. Traore, who is joint coordinator of IFHR and AMDH for Mali, expressed deep concern toward the ease with which high profile suspects were released without protocol. He noted that the release of prisoners remains an important bargaining chip for the government in its negotiations with armed militias in the country. Furthermore, releasing imprisoned militia fighters is often used to in turn achieve the release of hostages. However, on several occasions, the government set free suspected perpetrators of serious violations of human rights before or even while they were standing trial. A number of offenders were released after their conviction. In all these instances, the government had not applied protocol, nor ensured that victims would be granted the compensations courts had ordered. Mr. Traore reported that these high-profile instances of impunity have increased distrust in judicial institutions in Mali. He identified a lack of political will within Mali as a main driver of impunity. Though he was sympathetic to the government's need to compromise, he remarked that justice should not be sacrificed in negotiations.
Mr. Mamadou Diarra, a Malian lawyer and founder of ASF Mali, then directed the focus of the event to victim needs. In the face of torture, arbitrary detentions, and other serious human rights violations, he emphasized the desire for justice, reparations, and peace. The Malian judicial system has to guarantee that trials are completed. In particular, the lack of trained personnel and resources prevents this from being possible, according to Mr. Diarra, also highlighting cooperation with the ICC as a possible way out of the current dilemma. ICC involvement could assist the fight against impunity. Furthermore, civil society could have an important role in sensitizing the population to the issue of impunity and in the gathering of evidence for trials. Nevertheless, for Mr. Diarra, the most important step remains ending the state’s practice of extrajudicial release of prisoners. “Justice done improperly is no justice at all”, he concluded.
During the question and answer section of the event, participants further touched upon ways out of the current situation of impunity in Mali. The impact of the COVID-19 pandemic played a special role here. Mr. Traore reported that the virus had further complicated access to witnesses and victims and the gathering of evidence by human rights organizations. The panelists agreed that a way out of the dilemma would not require new mechanisms, but that the government should instead focus on improving and ensuring the effectiveness of existing judicial mechanisms. Lack of political will resulted in alternative approaches such as fact-finding missions being left without consequence. In ending impunity in Mali, panelists agreed, attention should be paid to strengthening the rule of law and the independence of the judiciary.