RES/31/28 Technical assistance and capacity-building for Mali in the field of human rights

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Human Rights Council Thirty-first sessionAgenda item 10

Resolution adopted by the Human Rights Council on 24 March 2016

31/28. Technical assistance and capacity-building for Mali in the

field of human rights

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights and other relevant

international human rights instruments,

Recalling General Assembly resolution 60/251 of 15 March 2006,

Recalling also its resolutions 5/1, on institution-building of the Human Rights

Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the

Council, both of 18 June 2007,

Recalling further its resolutions 20/17 of 6 July 2012 on the situation of human

rights in Mali, 22/18 of 21 March 2013, in which it established the mandate of Independent

Expert on the situation of human rights in Mali, and 25/36 of 28 March 2014, in which it

extended the mandate of the Independent Expert,

Reaffirming that all States have a responsibility to promote and protect the human

rights and fundamental freedoms enshrined in the Charter, the Universal Declaration of

Human Rights, the International Covenants on Human Rights and other relevant

international human rights instruments to which they are party,

Reaffirming also its commitment to the sovereignty, independence, unity and

territorial integrity of Mali,

Deeply concerned about the establishment of terrorist groups in the Sahel region, the

continued armed attacks in the north and the spread of terrorist and other criminal activities

in the central and southern parts of Mali,

Deeply concerned also about human rights violations and abuses in Mali, and about

the fragile security situation and the difficulties in the redeployment of government

services, which continue to hinder humanitarian access in the northern part of the country,

the voluntary return of displaced people and the access of the population to basic social

services,

United Nations A/HRC/RES/31/28

Welcoming the signing of the Agreement on Peace and Reconciliation in Mali by all

parties on 15 May and 20 June 2015, following an inclusive process led by Algeria and

international mediation, and the establishment of a monitoring committee and its branches,

Welcoming also the progress made and actions taken by the Government of Mali on

all aspects of the Agreement, including the establishment of a national committee for

implementation,

Encouraging the presentation by the Government of Mali of a plan of action for the

implementation of the Agreement, with a precise timetable,

Welcoming the holding of and the commitments made at the international conference

for the economic recovery and development of Mali, held on 22 October 2015 in Paris,

which contributed to keeping the international community mobilized for the

implementation of the Agreement and the development of the northern regions of Mali,

Noting the commitments made by the Government of Mali during various sessions

of the Council to place priority on dialogue and national reconciliation in resolving the

crisis,

Noting also the commitments made by the Government of Mali to restore the rule of

law and to combat impunity effectively,

Noting further the initiation in January 2013 of an investigation by the Prosecutor of

the International Criminal Court into crimes committed on the territory of Mali since

January 2012, noting the transfer to the Court on 26 September 2015, in the context of this

investigation, of a person suspected of war crimes, and recalling that it is important for all

Malian stakeholders to lend the Court their support and cooperation,

Taking note with appreciation of the report of the Independent Expert on the

situation of human rights in Mali,1

1. Strongly condemns the armed attacks and all acts of violence that have been

perpetrated in Mali since the beginning of the crisis, particularly in the northern regions of

the country, and the violations and abuses of human rights and violations of international

humanitarian law that have been committed, in particular against women and children, and

the recruitment of the latter;

2. Reiterates its call for an immediate halt to all such human rights violations

and abuses and acts of violence, and for the strict observance of all human rights and

fundamental freedoms;

3. Calls upon the Government of Mali to continue and to increase its efforts to

protect human rights and to promote national reconciliation, in particular by strengthening

the judiciary, developing transitional justice mechanisms and effectively redeploying

government services throughout the country;

4. Calls upon all signatories of the Agreement on Peace and Reconciliation in

Mali and national reconciliation to maintain a constructive dialogue and to implement fully

all provisions, including those relating to the disarmament, demobilization and reintegration

of former rebel fighters, the redeployment of Malian armed forces on the whole territory

and decentralization;

5. Encourages the efforts of the Government of Mali to bring all perpetrators of

human rights violations before impartial and independent courts, and its continued

cooperation with the International Criminal Court;

1 A/HRC/31/76.

6. Reiterates its call for an increase in the participation of women in the national

reconciliation process, in conformity with relevant Security Council resolutions;

7. Welcomes the operationalization of the Commission for Truth, Justice and

Reconciliation, and encourages the Government of Mali to ensure its full independence;

8. Encourages the Malian authorities and all regional and international actors to

continue their efforts to consolidate the progress made in the peace and security situation in

Mali;

9. Commends in this context the United Nations Multidimensional Integrated

Stabilization Mission in Mali on its work, calls for its greater involvement in the

coordination operational mechanism and the cantonment process, and calls upon all parties

to continue to coordinate fully their actions with the Mission, in particular for the

implementation of the peace agreement;

10. Requests all parties to ensure their strict observance of international human

rights law and international humanitarian law;

11. Reiterates its appreciation for the humanitarian assistance already provided to

members of the population affected by the crisis, and urges the international community to

continue to deliver, in consultation with the Government of Mali and the neighbouring

countries concerned, appropriate and secure humanitarian assistance to refugees and

displaced persons, particularly in the north of Mali, with a view to facilitating access by the

population to basic social services and to establishing the conditions for the gradual

recovery of the country;

12. Notes with satisfaction the close cooperation of the Government of Mali with

the Independent Expert in the fulfilment of the mandate entrusted to him;

13. Welcomes the organization of free and democratic presidential and legislative

elections in Mali and the full restoration of constitutional order in the country;

14. Acknowledges the commitments made by the Government of Mali to act

upon the recommendations made by the Independent Expert following his visits to the

country;

15. Decides to extend the mandate of the Independent Expert on the situation of

human rights in Mali for a period of one year, from the thirty-first to the thirty-fourth

session, to permit the evaluation of the situation of human rights in Mali and to assist the

Government of Mali in its efforts to promote and protect human rights and to strengthen the

rule of law;

16. Calls upon all parties in Mali to cooperate fully with the Independent Expert

and to assist him in carrying out his mandate;

17. Requests the Independent Expert, within the framework of his mandate, to

work closely with all entities of the United Nations, the African Union, the Economic

Community of West African States, neighbouring States and all other international

organizations concerned, and with Malian civil society;

18. Also requests the Independent Expert to submit a report to the Human Rights

Council at its thirty-fourth session;

19. Decides to hold an interactive dialogue at its thirty-fourth session, in the

presence of the Independent Expert and representatives of the Government of Mali, to

assess the evolution of the situation of human rights in the country, with a particular focus

on justice and reconciliation;

20. Invites the Secretary-General and the United Nations High Commissioner for

Human Rights to continue to provide the Independent Expert with all the assistance he

needs to discharge his mandate fully;

21. Requests the High Commissioner to provide technical assistance to the

Government of Mali, in particular to the Commission for Truth, Justice and Reconciliation,

and to work with the Government to identify other areas of assistance with a view to

supporting Mali in its efforts to promote and protect human rights and to strengthening its

institutional capacity;

22. Urges the international community to continue to provide assistance to Mali

to ensure its stability with a view to promoting respect for all human rights and the

determined struggle against impunity, which paves the way for national reconciliation,

peace and social cohesion;

23. Decides to remain seized of this matter.

64th meeting

24 March 2016

[Adopted without a vote.]