Legal Framework
The constitution defines the country as a secular state, prohibits discrimination based on religion, and provides for freedom of religion in conformity with the law. In September, the transition government formed after an August military coup adopted the Transition Charter, which recognized the continued validity of the 1992 constitution that defined the country as secular and prohibited religious discrimination under the law.
According to the penal code, any act of discrimination based on religion or any act impeding the freedom of religious observance or worship is punishable by up to five years’ imprisonment or 10 years’ banishment (prohibition from residing in the country). The penal code also states any religiously motivated persecution of a group of persons constitutes a crime against humanity. There is no statute of limitations for such crimes.
The law requires registration of all public associations, including religious groups, except for groups practicing indigenous religious beliefs; however, registration confers no tax preferences or other legal benefits, and there is no penalty for not registering. To register, applicants must submit copies of a declaration of intent to create an association, notarized copies of bylaws, copies of policies and regulations, notarized copies of a report of the first meeting of the association’s general assembly, and lists of the leaders of the association, with signature samples of three of the leaders. Upon review, if approved, the Ministry of Territorial Administration grants the certificate of registration.
The Ministry of Religious Affairs and Worship is responsible for administering the national strategy for countering violent extremism, promoting religious tolerance, and coordinating national religious activities such as pilgrimages and religious holidays for followers of all religions.
The constitution prohibits public schools from offering religious instruction, but it permits private schools to do so. Privately funded medersas (madrassahs) teach the standard government curriculum, as well as Islam. Non-Muslim students in these schools are not required to attend Islamic religious classes. Private Catholic schools teach the standard government curriculum and Catholic religious classes. Non-Catholic students in these schools are not required to attend Catholic religious classes. Informal schools, known locally as Quranic schools and which some students attend in lieu of public schools, do not follow a government curriculum and offer religious instruction exclusively.
The law defines marriage as secular. Couples who seek legal recognition must have a civil ceremony, which they may follow with a religious ceremony. Under the law, a man may choose between a monogamous or polygamous marriage. The law states that the religious customs of the deceased determine inheritance rights. Civil courts consider these customs when they adjudicate such cases; however, many cases are settled informally.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The government and security forces struggled to tamp down violence generated by the spread of groups they described as violent extremist organizations in the northern and central regions of the country – including armed religious groups, as well as ethnically aligned militias. The presence of groups, identified by the government as violent extremist organizations, and armed groups in the northern and central areas limited government capacity to govern and to bring perpetrators of abuses to justice, especially outside the main cities.
In October, the National Secretariat for the Prevention and the Fight Against Violent Extremism in the Ministry of Religions Affairs and Worship, with the assistance of the UN Development Program, launched a study of factors influencing extremism related to religion. According to the ministry, the evaluation results, which were not released by year’s end, will form the basis of a new national action plan that includes interfaith efforts and promotion of religious tolerance.
A Moroccan-funded training program for 500 Sufi imams in Morocco, one objective of which was to improve interfaith tolerance, concluded in December 2019, with the fifth class of imams returning to the country.
The Truth, Justice, and Reconciliation Commission launched in 2014 and renewed for an additional two years in 2019 continued operating during the year. In December 2019, the commission held its first public hearing, at which 13 victims of conflict recounted mistreatment they had suffered. The commission held a second public hearing on December 5 and heard cases ranging from abuses committed during a 1963 rebellion to 2019 mass killings in Ogossagou and Sobane Da. Both public hearings were broadcast on national television. As of December 16, the commission had heard the testimony of 3,329 individuals, compared with 5,324 in 2019, 3,592 in 2018, and 6,953 in 2017. Political events in the country, the COVID-19 pandemic, growing security concerns in the central and northern regions of the country, a lack of transportation for victims, and the lack of access in camps for displaced persons limited the collection of testimony. As of December 16, the commission reported it had collected more than 19,000 statements since it had begun its work in January 2017, including cases involving religious freedom violations.
The Ministry of Religious Affairs and Worship organized, in coordination with Archbishop of Bamako Cardinal Jean Zerbo, the annual Catholic pilgrimage to Kita, which took place in November. Cardinal Zerbo took part in the pilgrimage, as did the Union of Young Malian Muslims (UJMA). A UJMA representative marched from Kayes to Kita (approximately 250 miles) to demonstrate UJMA’s support for interfaith dialogue.
In November, the transition government announced the composition of a 121-member National Transition Council (its legislative body) that would include three seats reserved for representatives of religious organizations. The transition government’s Vice President reviewed applications and selected members of the council. Following the release of the names in December, representatives of the Catholic Church criticized the fact that no representatives of the Church were accorded seats.
Actions by Foreign Forces and Nonstate Actors
Throughout the year, mostly in the country’s central and northern regions, domestic and transnational violent terrorist groups, including al-Qa’ida in the Islamic Maghreb and its affiliates Ansar al-Dine, Macina Liberation Front, and al-Mourabitoune, united under the umbrella group JNIM, and the Islamic State in the Greater Sahara, continued to carry out attacks on domestic and international security forces, UN peacekeepers, civilians, and others they reportedly perceived as not adhering to their interpretation of Islam. According to nongovernmental organizations (NGOs) and security experts, armed groups have, in some instances, co-opted pre-existing intercommunal and ethnic tensions to further sow instability and violence, and it was not possible to attribute some incidents entirely to religious motives. Several of JNIM’s public messages repeated an intent to govern the country according to sharia.
In October, kidnappers from JNIM, a U.S.-designated foreign terrorist organization, killed Swiss hostage Beatrice Stoeckli, a Christian missionary who had been held since 2016, according to the Swiss Ministry of Foreign Affairs. An Italian priest was released by the group in October, along with three other hostages, in exchange for the release by the transition government of scores of suspected extremist prisoners. As of year’s end, the group continued to hold Colombian nun Sister Gloria Cecilia Argoti captive.
In the center of the country, JNIM continued to attack multiple towns in Mopti Region, and to threaten Christian, Muslim, and traditional religious communities. According to a report published on August 6 by the Human Rights and Protection Division of the UN Multidimensional Integrated Stabilization Mission in Mali, from April to June, extremist groups required women in the regions of Mopti and Timbuktu to wear veils. According to the report, in Binedama, Mopti Region, members of extremist groups forced all women to wear a veil, while in Dianke, Timbuktu Region, extremist groups reportedly intimidated and threatened several unveiled women. In other areas, members of extremist groups reportedly told NGOs they could carry out their work only if their field teams did not include women, in compliance with a strict interpretation of Islam.
According to the 2020 Freedom House Freedom in The World report, armed extremists committed religious freedom abuses in the northern and central regions, attacking those who disagreed with their interpretation of Islam. According to the report, between 2012 and 2017, these groups kidnapped Christians, sometimes subjecting them to violent mistreatment.
Because religion and ethnicity are often closely linked, it was difficult to categorize some incidents as being solely based on religious identity. Several influential imams and former government officials cautioned against divisive language that conflated certain ethnic groups, such as Fulani populations, with extremists.
In June and July, in Koro and Bankass, perceived extremist elements reportedly prohibited the sale of alcohol and pork, including to non-Muslims, in exchange for security. According to a local church leader, extremists also threatened to ban the practice of Catholicism, teach Islam, and impose sharia on Catholics. The extremist elements later departed those areas and, as of October, had not returned. Most of the churches remained open.
According to a member of the UJMA, local Shia did not face discrimination from the government, but they often faced it from followers of different schools of Islam that perceive Shia practices to be incorrect.
According to a local NGO and videos released on social media, on April 20, armed individuals believed to be terrorists entered a market in the village of Sarafere, Timbuktu Region, and announced a ban on activities such as selling or buying tobacco. The armed group said these activities were not permissible under Islamic law and threatened to return and kill anyone found with tobacco. The unidentified individuals also told the population to join them and leave behind their “hedonistic ways” or prepare “to kill or be killed,” according to local NGO representatives and videos.
Islamist armed groups targeted and closed government schools that taught any curriculum not based on Islam, replacing them with Quranic schools teaching a strict interpretation of Islam, according to NGOs and media reports. According to Caritas, the schools that closed due to threats or conflict did not reopen, and more schools were closed throughout the year, especially in Mopti Region.