Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape and provides a penalty of five to 20 years’ imprisonment for offenders, but the government did not enforce the law effectively. Rape was a widespread problem. Authorities prosecuted only a small percentage of rape cases since victims seldom reported rapes due to societal pressure, particularly because attackers were frequently close relatives, and fear of retaliation. No law specifically prohibits spousal rape, but law enforcement officials stated criminal laws against rape apply to spousal rape. Police and judicial authorities were willing to pursue rape cases but stopped if parties reached an agreement prior to trial.
Domestic violence against women, including spousal abuse, was prevalent. Most cases went unreported. Spousal abuse is a crime, but the law does not specifically prohibit domestic violence. Assault is punishable by prison terms of one to five years and fines of up to 500,000 CFA francs ($919) or, if premeditated, up to 10 years’ imprisonment. Police were reluctant to intervene in cases of domestic violence. Many women were reluctant to file complaints against their husbands because they feared husbands would interpret such allegations as grounds for divorce, were unable to support themselves financially, sought to avoid social stigma, or feared retaliation or further ostracism. The governmental Planning and Statistics Unit, established to track prosecutions, did not produce reliable statistics.
Female Genital Mutilation/Cutting (FGM/C): FGM/C is legal in the country and, except in certain northern areas, all religious and ethnic groups practiced it widely, particularly in rural areas. Although FGM/C is legal, authorities prohibited the practice in government-funded health centers.
Parents generally had FGM/C performed on girls between the ages of six months and nine years. The most recent comprehensive FGM/C survey, conducted by UNICEF in 2010, indicated 89 percent of girls and women between ages 15 and 49 were excised, and 74 percent of girls and women in the same age group had at least one daughter who was excised. Government information campaigns regarding the dangers of FGM/C reached citizens throughout the country, and human rights organizations reported decreased incidence of FGM/C among children of educated parents.
Sexual Harassment: The law does not prohibit sexual harassment, which routinely occurred, including in schools, without any government efforts to prevent it.
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: .
Discrimination: The law does not provide the same legal status and rights for women as for men, particularly concerning divorce and inheritance. Women are legally obligated to obey their husbands and are particularly vulnerable in cases of divorce, child custody, and inheritance. Women had very limited access to legal services due to their lack of education and information as well as the prohibitive cost.
While the law provides for equal property rights, traditional practices and ignorance of the law prevented women from taking full advantage of their rights. The marriage contract must specify if the couple wishes to share estate rights. If marriage certificates of Muslim couples do not specify the type of marriage, judges presume the marriage to be polygynous.
Women experienced economic discrimination due to social norms that favored men, and their access to education and employment was limited (see section 7.d.).
The Ministry for the Promotion of Women, the Family, and Children is responsible for ensuring the legal rights of women.
Birth Registration: Citizenship is derived from either parent or by birth within the country.
The government did not register all births immediately, particularly in rural areas.
Education: The constitution provides for tuition-free universal education, and the law provides for compulsory schooling from ages six through 15. Nevertheless, many children did not attend school. Parents often had to pay their children’s school fees as well as provide their uniforms and supplies. Girls’ enrollment was lower than that of boys at all levels due to poverty, cultural preference to educate boys, early marriage of girls, and sexual harassment of girls.
The conflict resulted in the closure of schools in the regions of Gao, Kidal, Timbuktu, Mopti, and Segou, and many schools were damaged or destroyed because rebels sometimes used them as bases of operations. Jihadist groups threatened teachers and communities causing, as of April, the closure of 507 schools during the 2016-17 school year. This trend was particularly pronounced in the center of the country, where the number of schools closed in Mopti Region increased from 111 to 266 between May 2016 and June.
Child Abuse: Comprehensive government statistics on child abuse did not exist, but the problem was widespread. Citizens typically did not report child abuse, according to UNICEF. Police and the social services department in the Ministry of Solidarity and Humanitarian Action investigated and intervened in some reported cases of child abuse or neglect.
Early and Forced Marriage: The minimum age to marry without parental consent is 16 for girls and 18 for boys. A 15-year-old girl may marry with parental consent if a civil judge approves. Authorities did not effectively enforce the law. According to 2010 data from UNFPA, 55 percent of women between ages 20 and 24 were married by age 18. For additional information, see Appendix C.
According to local human rights organizations, judicial officials frequently accepted false birth certificates or other documents claiming girls below age 15 were old enough to marry. NGOs implemented awareness campaigns aimed at abating child marriage.
Sexual Exploitation of Children: Sexual exploitation of children occurred. The law prohibits the sexual exploitation of children, including prostitution. Penalties for conviction of the sexual exploitation of both adults and children are six months to three years in prison and a fine of between 20,000 and one million CFA francs ($37 and $1,838). Penalties for convicted child traffickers are five to 20 years in prison. Penalties for indecent assault, including child pornography, range from five to 20 years in prison. The country has a statutory rape law that defines 18 as the minimum age for consensual sex. The law, which was inconsistent with the legal minimum marriage age of 15 for girls, was not enforced. The Division for Protection of Children and Morals of the National Police conducted sweeps of brothels to assure that individuals in prostitution were of legal age and arrested brothel owners found to be holding underage girls.
Child Soldiers: See section 1.g.
Infanticide or Infanticide of Children with Disabilities: Some prostitutes and domestic workers practiced infanticide, mainly due to lack of access to and knowledge about contraception. Authorities prosecuted at least two infanticide cases during the year.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
There were fewer than 50 Jews, and there were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution and law do not specifically protect the rights of persons with physical, sensory, intellectual, or mental disabilities in employment, education, air travel and other transportation, access to health care, the judicial system, or in the provision of other state services. There is no law mandating accessibility to public buildings. While persons with disabilities have access to basic health care, the government did not place a priority on protecting the rights of persons with disabilities, and few resources were available. Many such individuals relied on begging.
Persons with mental disabilities faced social stigmatization and confinement in public institutions. When an investigative judge believed a criminal suspect had mental disabilities, the judge referred the individual to a doctor for mental evaluation. Based on the recommendation of the doctor, who sometimes lacked training in psychology, the court then either sent the suspect to a mental institution in Bamako or proceeded with a trial.
The Ministry of Solidarity and Humanitarian Action is responsible for protecting the rights of persons with disabilities. The ministry sponsored activities to promote income-earning opportunities for persons with disabilities and worked with NGOs, such as the Malian Federation of Associations for Handicapped Persons, which provided basic services. Although the government was responsible for eight schools countrywide for deaf persons, it provided almost no support or resources.
Societal discrimination continued against low-caste Tuaregs, often referred to as “Bellah.” Some Tuareg groups deprived low-caste Tuaregs of basic civil liberties due to traditional slavery-like practices and hereditary servitude relationships.
There were continued reports of slave masters kidnapping the children of their Bellah slaves, who had no legal recourse. Slave masters considered slaves and their children as property and reportedly took slave children to raise them elsewhere without permission from their parents. The antislavery organization Temedt organized workshops throughout the country to convince communities to abandon the practice of keeping slaves. The government has taken no action to establish punishment for practicing slavery.
Intercommunal violence led to frequent clashes between members of the Fulani ethnic group and, separately, members of the Bambara and Dogon communities. Self-defense groups representing these communities were reportedly involved in attacks.
For example, on June 17-18, in Koro, Mopti Region, attacks by Dogon and Fulani resulted in 20 to 30 deaths. On August 2, reprisal clashes between Dogon hunters and Fulani herders in Koro resulted in at least 20 deaths. A delegation from the Ministries of Solidarity and Humanitarian Action, National Reconciliation, and Territorial Administration visited the area to encourage dialogue and reconciliation.
According to MINUSMA, conflict in May between Fulani and Bambara communities in the Mopti and Segou regions displaced approximately 800 Fulani civilians.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law prohibits association “for an immoral purpose.” There are no laws specifically prohibiting discrimination based on sexual orientation or gender identity. There were no known LGBTI organizations in the country, although some NGOs had medical and support programs focusing specifically on men having sex with men. The law prohibits lesbians and gay men from adopting children.
NGOs reported LGBTI individuals experienced physical, psychological, and sexual violence, which society viewed as corrective punishment. Family members, neighbors, and groups of strangers in public places committed the majority of violent acts, and police frequently refused to intervene. Most LGBTI individuals isolated themselves and kept their sexual identity hidden. An NGO reported that LGBTI individuals frequently dropped out of school, left their places of employment, and did not seek medical treatment to hide their sexual identity and avoid social stigmatization.
For example, France 24, a French news channel, reported on a social media trend gaining momentum during the summer in which social media groups and web pages posted photos meant to identify and humiliate members of the Malian LGBTI community. Some of the posts also advocated for violence, calling on their followers to kill or assault persons suspected of being gay.
HIV and AIDS Social Stigma
Societal discrimination against persons with HIV/AIDS occurred. The government implemented campaigns to increase awareness of the condition and reduce discrimination against persons with HIV/AIDS.
Other Societal Violence or Discrimination
Mob violence remained a problem. For example, in April 2016 a mob destroyed the city of Kidal’s only airport during a protest against the presence of international forces in the city. The attackers were reportedly angered by French arrests of persons accused of terrorism. Violent anti-French protests flared up again in September following more arrests, restricting French forces from entering the city of Kidal. The airport remained closed.
Discrimination continued against albinos. Muslim religious leaders known as marabouts perpetuated the widespread belief that albinos possessed special powers that others could extract by bringing a marabout the blood or head of an albino. The albino rights organization run by prominent Malian singer Salif Keita noted that men often divorced their wives for giving birth to an albino. The lack of understanding of albinism contributed to albinos’ lack of access to sunblock, without which they were highly susceptible to skin cancer.