Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement
The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
In-country Movement: While in-country movement was not formally restricted, the military and some militias established checkpoints ostensibly to maintain security. The unstable security situation, flooding, poor road conditions, and armed groups’ purposeful targeting of infrastructure, such as bridges, also limited freedom of movement. The populations of Gao, Kidal, Timbuktu, and parts of Mopti feared leaving the cities for security reasons, including the threat from IEDs (see section 1.g.). MINUSMA and NGOs complained they were often hindered from conducting patrols or carrying out humanitarian missions as a result of impromptu checkpoints by various militias and armed groups such as the Dan Na Ambassagou and CMA.
Police routinely stopped and checked citizens and foreigners to restrict the movement of contraband and verify vehicle registrations. The number of police checkpoints on roads entering Bamako and inside the city increased after a rise in extremist attacks across the country.
Foreign Travel: As a result of COVID-19 mitigation measures, on March 17, the government issued a decree closing all airspace and land borders. On July 25 and July 31, it was lifted for airspace and land borders, respectively. On March 26, the government also implemented a curfew, which it lifted on May 9.
On August 19, following the August 18 overthrow of the government by the military, the National Committee for the Salvation of the People (CNSP) closed airports and imposed a curfew. On August 21, the CNSP reopened the airport and borders; however, land and airspace borders with ECOWAS states remained closed until October 6, as a result of sanctions imposed by ECOWAS in response to the overthrow of the government. On September 6, the CNSP lifted the curfew.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape of women and men and provides a penalty for conviction 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 due to fear of retaliation. No law explicitly prohibits spousal rape, but law enforcement officials stated that criminal laws against rape could apply to spousal rape. Police and judicial authorities were willing to pursue rape cases but were also willing to stop pursuing their cases if parties privately reached an agreement prior to trial. This promoted an environment where victims might be pressured by family to accept monetary “compensation” for the crime committed against them instead of seeking justice through the legal system. There were several convictions related to rape and domestic violence during an extended Court of Assizes session that began in August. The court convicted one suspect of pedophilia; he received a sentence of three years’ imprisonment. Two suspects convicted of rape and pedophilia each received five-year prison sentences; including a Guinean national convicted of raping a minor. On September 30, an individual convicted of murder and attempted rape was sentenced to death.
Domestic violence against women, including spousal abuse, was prevalent. A 2012/2013 gender assessment found a vast majority of women in the country suffered from domestic violence and concluded that 76 percent of women believed it was acceptable for a man to beat a woman for burning food, arguing, going out without telling the man, being negligent with children, or refusing to have sexual intercourse; the 2018 Mali Demographic and Health Survey concluded that 79 percent of women and 47 percent of men still believed this behavior was justified. The same survey found 49 percent of women experienced spousal violence (emotional, physical, or sexual); 43 percent of women ages 15 to 49 experienced physical violence; and one in every eight women (13 percent) experienced sexual violence. Of women who experienced domestic violence, 68 percent never sought help or told anyone.
Spousal abuse is a crime, but the law does not specifically prohibit domestic violence. According to human rights organizations, most cases went unreported as a result of both cultural taboos and a lack of understanding regarding legal recourse. Conviction of assault is punishable by prison terms of one to five years and substantial fines. The sentence may be increased up to 10 years’ imprisonment if the assault is found to be premeditated. Nonetheless, police were often reluctant to intervene in cases of domestic violence. Additionally, many women were reluctant to file complaints against their husbands due to financial dependence concerns, or to avoid social stigma, retaliation, or ostracism. The Ministry of Justice Planning and Statistics Unit, established to track prosecutions, did not produce reliable statistics.
On September 21, following a complaint from his girlfriend, prominent singer Sidiki Diabate was arrested by the Bamako police judicial investigations unit for allegations of domestic violence and sequestration. A robust social media campaign denouncing the artist also resulted in him being dropped from concert appearances. On September 24, he was formally charged and imprisoned. On September 26, the Platform Against Gender-Based Violence held a march in support of victims of gender-based violence. On October 2, supporters of the artist announced a demonstration in his honor, but it was cancelled. Local media reported Diabate was provisionally released on bail on December 29; his trial was pending at year’s end.
According to MINUSMA, extremist groups were also responsible for intimidating and threatening women into “modesty” by imposing the veil on women in the regions of Timbuktu and Mopti. Reportedly, in the Dianke area of Timbuktu, several unveiled women were threatened, while in Binedama in the Mopti Region, all women were forced to wear a veil. The United Nations also reported an increase in conflict-related sexual violence attributable to extremist armed elements and signatory armed groups in the northern and central parts of the country.
In the March 20 report of the UN secretary-general to the Security Council on the situation in the country, MINUSMA documented at least eight cases of conflict-related sexual violence. According to the report, “The cases included the forced marriage of four girls by alleged extremist elements in Timbuktu Region; the rape of two women, reportedly by Mouvement pour le salut de l’Azawad members in Menaka; the gang rape of a girl, imputed to elements of the Coordination des mouvements de l’Azawad et Front patriotique de reisistance in Gao; and the sexual assault of a five-year-old girl, perpetrated by a member of the MDSF in Gao.”
According to MINUSMA, following a January 21 workshop discussing the role of the High Islamic Council in countering conflict-related sexual violence, the president of the High Islamic Council signed a declaration, making commitments to prevent gender-based violence, including the issuance of a fatwa to denounce conflict-related sexual violence.
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 ages six months and nine years. According to the 2018 Mali Demographic and Health Survey, 89 percent of women ages 15-49 were circumcised, but this varied widely by geographic location with rates as low as less than 2 percent in Gao to more than 95 percent in Koulikoro and Sikasso. Approximately 76 percent of circumcisions occurred prior to age five, and circumcision was almost always performed by a traditional practitioner (99 percent). According to the survey, approximately 70 percent of men and 69 percent of women believed excision was required by religion and three-quarters of the population, regardless of gender, believed the practice should continue. Government information campaigns regarding the dangers of FGM/C reached citizens throughout the country where security allowed, 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.
Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children, and to manage their reproductive health free from discrimination, coercion, or violence. Many couples and individuals, however, lacked the information and means to enjoy these rights.
While no government policy adversely affected access to contraception, women and girls faced cultural and social barriers such as the consent of their husbands and influential members of the household to manage their reproductive health.
Distance to health-care facilities and flooded roadways during rainy season negatively affected the ability of those living in rural areas to access adequate healthcare easily.
In accessing information about their reproductive health, women with disabilities faced distinct barriers, such as physical barriers to entry into health-care facilities, communication barriers, discriminatory and disrespectful treatment from health-care providers, and the lack of reproductive health information in accessible formats.
While government sexual and reproductive health services were available to survivors of sexual violence, including survivors of conflict related sexual violence, the services were rarely specialized. In instances of gender-based violence such as sexual violence, survivors often sought care from general health facilities. Through Spotlight, an initiative supported by the European Union and the UNFPA and UN Women, the country provided specialized assistance to survivors of gender-based violence, including family planning counseling, at the referral health center level via 10 “one-stop centers” in Bamako, Gao, Mopti, Kayes, and Koulikoro.
The maternal mortality rate was estimated at 325 per 100,000 live births, and 67 percent of women delivered in a health center assisted by skilled health workers. The key drivers of maternal mortality included poor access to and use of quality antenatal, delivery, and postnatal care services. The primary direct obstetric causes of maternal mortality were hemorrhage (37 percent), eclampsia (11 percent), and sepsis (11 percent). FGM/C was a significant public health problem that contributed to maternal morbidity. According to the UNFPA, the adolescent birth rate was 164 per 1,000.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
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. There were legal restrictions on women holding employment in the same occupations, tasks, and industries held by men. Women had very limited access to legal services due to their lack of education and information as well as the prohibitive cost. Despite the discriminatory nature of the law, the government effectively enforced it.
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.
The Ministry for the Promotion of Women, Children, and the Family is responsible for ensuring the legal rights of women.
Trafficking in Persons
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
The law prohibits association “for an immoral purpose.” Nonetheless, anecdotal evidence suggested there was an upsurge in targeting of LGBTI individuals and their full protection remained in question. In January, reportedly in response to allegations of inappropriate sexual conduct, 15 young men were arrested at a social event. The defendants were apparently targeted for their perceived sexual orientation and were accused of indecency, trafficking in persons, corruption of minors, and rape. Following their arrest, clinics where some of them were receiving HIV care were ransacked and temporarily closed. Observers believed the clinics were targeted for their work serving key populations at risk of HIV. It was difficult to obtain information regarding the specific sequence of events and the young men’s treatment while in police custody. According to the government, their detention was intended to protect this vulnerable group. As of December three of the 15 remained in pretrial detention pending a continuing investigation.
No laws specifically prohibit discrimination based on sexual orientation or gender identity.
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 orientation or gender 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.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
Workers, except members of the armed forces, have the right to form and join independent unions, bargain collectively, and conduct strikes. There are restrictions imposed on the exercise of these rights. The law provides that workers must be employed in the same profession before they may form a union. A worker may remain a member of a trade union only for a year after leaving the relevant function or profession. Members responsible for the administration or management of a union must reside in the country and be free of any convictions that could suspend their right to vote in national elections. The process is cumbersome and time consuming, and the government may deny trade union registration on arbitrary or ambiguous grounds.
The minister of labor and public service has the sole authority to decide which union is representative for sectoral collective bargaining and to approve sectoral collective agreements. Employers have the discretionary right to refuse to bargain with representatives of trade unions. The law allows all types of strikes and prohibits retribution against strikers. Unions must exhaust the mandatory conciliation and arbitration procedures set out in the labor code in order to strike legally. Regulations require civil servants and workers in state-owned enterprises to give two weeks’ notice of a planned strike and to enter into mediation and negotiations with the employer and a third party, usually the Ministry of Labor and Public Service. The law does not allow workers in “essential services” sectors to strike, and the minister of labor may order compulsory arbitration for such workers. The law defines “essential services” as services whose interruption would endanger the lives, personal safety, or health of persons; affect the normal operation of the national economy; or affect a vital industrial sector. For example, the law requires striking police to maintain a minimum presence in headquarters and on the street. The government, however, has not identified a list of essential services. Participation in an illegal strike is punishable by harsh penalties, including dismissal and loss of other rights except wages and leave. Civil servants exercised the right to strike. During the year teachers went on strike, calling for higher wages, while health professionals in Bamako and Kayes also called for increased resources and personal protective equipment to combat the COVID-19 pandemic.
The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. The government did not effectively enforce relevant laws. Penalties for violating antiunion discrimination provisions were commensurate with penalties for comparable offenses. The Ministry of Labor and Public Service did not have adequate resources to conduct inspections or perform mediation. Administrative and judicial procedures were subject to lengthy delays and appeals.
Authorities did not consistently respect freedom of association and the right to collective bargaining, although workers generally exercised these rights. The government did not always respect unions’ right to conduct their activities without interference.
Although unions and worker organizations were independent of the government and political parties, they were closely aligned with various political parties or coalitions. Officials had not renegotiated some collective agreements since 1956.
b. Prohibition of Forced or Compulsory Labor
The law prohibits all forms of forced or compulsory labor. Forced labor occurred. The law prohibits the contractual use of persons without their consent, and conviction includes fines and imprisonment with compulsory hard labor. Penalties may be doubled if a person younger than 15 is involved. Penalties were seldom enforced and therefore were not sufficient to deter violations. Penalties were commensurate with penalties for comparable crimes. According to NGOs, the judiciary was reluctant to act in forced labor cases. The government made little effort to prevent or eliminate forced labor, although it did allocate funding to its antitrafficking action plan. Government officials reportedly interfered in hereditary slavery cases, threatening and intimidating community members in an effort to have charges dismissed.
Most adult forced labor occurred in the agricultural sector, especially rice, cotton, dry cereal, and corn cultivation, and in artisanal gold mining, domestic services, and in other sectors of the informal economy. Forced child labor occurred in the same sectors. Corrupt religious teachers compelled boys into begging and other types of forced labor or service (see section 7.c.).
The salt mines of Taoudeni in the North subjected men and boys, primarily of Songhai ethnicity, to a longstanding practice of debt bondage. Employers subjected many black Tuaregs to forced labor and hereditary slavery, particularly in the eastern and northern regions of Gao, Timbuktu, and Kidal (see section 6).
c. Prohibition of Child Labor and Minimum Age for Employment
The labor law sets the minimum employment age at 15. No child may work more than eight hours per day under any circumstance. Girls between ages six and 18 may not work more than six hours per day. The government prohibits some of the worst forms of child labor. The government’s Hazardous Occupations List prohibits certain activities by children younger than 18. This law applies to all children, including those who work in the informal economy and those who are self-employed. Gaps exist in the country’s legal framework to protect children adequately from the worst forms of child labor, and the law does not meet international standards regarding the prohibition of forced labor, the prohibition against using children in illicit activities, and the prohibition of military recruitment by nonstate armed groups.
Responsibility for enforcing child labor laws is shared among the Ministry for the Promotion of Children and Women through the National Committee to Monitor the Fight against Child Labor; the Ministry of Justice through different courts; the Ministry of Security through the Morals and Children’s Brigade of the National Police; the National Social Security Institute through its health service; and the Ministry of Labor and Public Service through the Labor Inspectorate. Interagency coordinating mechanisms were ineffective, inefficient, and cumbersome. Authorities often ignored child labor laws or did not effectively enforce applicable laws. Resources, inspections, and remediation were not adequate. The penalties for violations were commensurate with penalties for similar crimes but were not applied in all sectors.
Child labor, particularly in its worst forms, was a serious problem. Child labor was concentrated in the agricultural sector, especially rice and cotton production, domestic services, gold mining, forced begging organized by Quranic schools, and other sectors of the informal economy.
Approximately 25 percent of children between ages five and 14 were economically active, and employers subjected more than 40 percent of economically active children to the worst forms of child labor. Many were engaged in hazardous activities in agriculture. Armed groups used child soldiers in the northern and central parts of the country (see section 1.g.). Child trafficking occurred. Employers used children, especially girls, for forced domestic labor. Employers forced black Tuareg children to work as domestic and agricultural laborers.
Child labor in artisanal gold mining was a serious problem. According to the International Trade Union Confederation, at least 20,000 children worked under extremely harsh and hazardous conditions in artisanal gold mines. Many children also worked with mercury, a toxic substance used in separating gold from its ore.
An unknown number of primary school-age boys throughout the country, mostly younger than 10, attended part-time Quranic schools funded by students and their parents. Some Quranic teachers (marabouts) often forced their students, known as garibouts or talibes, to beg for money on the streets or work as laborers in the agricultural sector; any money earned was usually returned to their teachers. In some cases talibes were also used as domestic workers without receiving compensation.
The Ministry of Labor and Public Service conducted few surprise or complaint-based inspections. Insufficient personnel, low salaries, and lack of other resources hampered enforcement in the informal sector. Prosecutors in Bamako had several pending investigations of potential abuse charges against marabouts who used children solely for economic purposes.
d. Discrimination with Respect to Employment and Occupation
The labor law prohibits discrimination in employment and occupation based on race, gender, religion, political opinion, nationality, disability, social status, HIV-positive status, and color. The government’s Labor Inspection Agency is responsible for investigating and preventing discrimination based on race, gender, religion, political opinion, nationality, or ethnicity, but the law was not effectively enforced.
Discrimination in employment and occupation occurred with respect to gender, sexual orientation, disability, and ethnicity (see section 6). The government was the major formal-sector employer and ostensibly paid women the same as men for similar work, but differences in job descriptions permitted pay inequality. There were legal restrictions to women’s employment in occupations and tasks considered dangerous, and in industries such as mining, construction, and factories. Women are also legally prohibited from working on the creation or sale of writing and images considered contrary to good morals. There were cases where employers from southern ethnic groups discriminated against individuals from northern ethnic groups.
e. Acceptable Conditions of Work
The official minimum wage allows one to live above the World Bank’s poverty line. Minimum wage requirements did not apply to workers in the informal and subsistence sectors, which included the majority of workers. The government supplemented the minimum wage with a required package of benefits, including social security and health care. In 2018 the government increased the salaries of public-sector workers after coming to a collective bargaining agreement with the largest national workers’ union, the National Workers’ Union of Mali. In 2018 banks and insurance companies also increased their employees’ salaries. In September teachers received a pay increase following strikes in 2019 and during the year.
The legal workweek is 40 hours, except for the agricultural sector, where the legal workweek ranges from 42 to 48 hours, depending on the season. The law requires a weekly 24-hour rest period, and employers must pay workers overtime for additional hours. The law limits overtime to eight hours per week. The law applies to all workers, including migrants and domestics, but it was routinely ignored in the informal sector, which included an estimated 93 percent of workers, according to a 2018 International Labor Organization report.
The law provides for a broad range of occupational safety and health standards in the workplace. Workers have the right to remove themselves from work situations that endanger health or safety without jeopardy to their employment and to request an investigation by the Social Security Department, which is responsible for recommending remedial action where deemed necessary. Authorities, however, did not effectively protect employees in these situations. Workers often were reluctant to report violations of occupational safety regulations due to fear of losing their jobs.
The Ministry of Labor and Public Service did not effectively enforce these standards, did not employ a sufficient number of labor inspectors, and the few inspectors it did employ lacked resources to conduct field investigations. Many employers did not comply with regulations regarding wages, hours, and social security benefits. The ministry conducted few inspections in the three northern regions where the government has suspended services since the 2012 occupation of those regions by armed groups and other organizations. No government agencies provided information on violations or penalties. Labor inspectors made unannounced visits and inspections to worksites only after labor unions filed complaints.
Working conditions varied, but the worst conditions were in the private sector. In small family-based agricultural endeavors, children worked for little or no remuneration. Employers paid some domestic workers as little as 7,500 CFA francs ($14) per month. Violations of overtime laws were common for children working in cities and those working in artisanal gold mines or rice and cotton fields. A government commission conducted an inventory of mercury in artisanal gold mines; mapped artisanal gold mines in the auriferous regions of Kayes, Koulikoro, and Sikasso; and created a professional identification card for artisanal gold miners. Labor organizations reported employers used cyanide and mercury in gold mines, posing a public health risk to workers exposed to them. Inspectors lacked the resources to assemble credible data on dangerous workplaces.