Mali
Mine Ban Policy
Mine ban policy overview
Mine Ban Treaty status |
State Party |
National implementation measures |
Adopted in 2000 |
Transparency reporting |
Not since 2005 |
Key developments |
In 2013 and 2014, there were numerous reports of the use of antivehicle mines and improvised explosive devices (IEDs) by armed opposition groups participating in the armed conflict |
The Republic of Mali signed the Mine Ban Treaty on 3 December 1997, ratified on 2 June 1998, and became a State Party on 1 March 1999.
National implementation measures adopted in 2000 include penal sanctions and fines.[1] Mali last submitted an Article 7 transparency report for the Mine Ban Treaty in 2005.[2]
Mali attended the Mine Ban Treaty Third Review Conference in Maputo, Mozambique in June 2014, but made no statements. It has participated in several Meetings of States Parties of the Mine Ban Treaty, but not since 2011.
Production, transfer, and stockpiling
Mali has never produced or exported antipersonnel landmines. In 1998, it destroyed a stockpile of 7,127 antipersonnel mines, together with 5,131 antivehicle mines.[3] In 2003, Mali reported that it retained 600 antipersonnel mines for training purposes, but it has never reported any use of these mines.[4]
Use
Mali stated in 2001 that it had never used antipersonnel mines and that there had been no reports of use by government forces or Tuareg rebels.[5]
In January 2012, an armed conflict began in the north of the country between the Malian government and its allies versus armed opposition groups allied with al-Qaeda in the Islamic Maghreb (AQIM). In January 2013, the French military began operations in cooperation with the government of Mali to help to re-take areas in the north of the country. Military personnel from African Union states deployed as part of the African-led International Support Mission to Mali, while the UN deployed the Multidimensional Integrated Stabilization Mission in Mali.
In 2013 and 2014, there were several reports indicating the use of either antivehicle mines or IEDs by armed opposition groups participating in the armed conflict. Between November 2013 and July 2014 there were several antivehicle mines incidents that caused civilian casualties, including aid workers and UN peacekeepers.[6]
In July 2012, a non-state armed group called the Movement for Unity and Jihad in West Africa claimed it had laid antipersonnel mines near the city of Gao. After several apparent landmine casualties near Gao in early 2013, Mali’s Minister of Foreign Affairs accused AQIM of using antipersonnel mines.[7] The ICBL described the reported landmine use as “disturbing.”[8] However, no antipersonnel mines were ever recovered from the area.
[1] Two legal texts, an ordinance, and a decree prohibit the development, manufacturing, production, acquisition, stockpiling, retention, offer, import, export, transfer, and use of antipersonnel mines. Breach of the legislation is punishable with a maximum of life imprisonment and a fine of between CFA500,000 and CFA3 million (approximately US$1,150 to $6,900). Ordinance No. 049/P-RM on the Implementation of the Convention, adopted on 27 September 2000; and Decree No. 569/P-RM on the Application of the Ordinance, adopted on 15 November 2000. An interministerial National Commission for a Total Ban on Landmines was established in June 2002 to take responsibility for the mine issue. See Landmine Monitor Report 2002, p. 341.
[2] Mali’s initial Article 7 report was due 27 August 1999 and submitted 17 May 2001. Additional reports were provided on 31 July 2003, 15 September 2004, and 8 July 2005.
[3] Mine Ban Treaty Article 7 Report, Form B, 17 May 2001.
[4] Ibid., Form D, 31 July 2003. Mali initially reported in 2001 that it retained 2,000 antipersonnel and 1,000 antivehicle mines for training purposes. In 2003, it reported having consumed 1,400 antipersonnel mines and 700 antivehicle mines during training activities.
[5] Statement of the Ministry of Defense, Seminar on the Universalization and Implementation of the Ottawa Convention in Africa, Bamako, 16 February 2001.
[6] See, for example: “Officials: 4 people killed in landmine explosion in northern Mali,” The Washington Post, 5 November 2013; “Land mine injures 5 Chadian peacekeepers patrolling in northern Mali,” Fox News, 20 January 2014; “Two aid workers injured in landmine explosion in Mali,” World Bulletin, 27 February 2014; and “Land mine kills UN peacekeeper in northern Mali,” Grand Island Independent, 1 July 2014.
[7] Jeffery Schaffer, “AP Interview: Mali Wants Help Against Land Mines,” Associated Press, 4 February 2013. For example, on 4 February 2013 the UN Office for the Coordination of Humanitarian Affairs (OCHA) stated that two civilians had died in an explosion involving a landmine or an IED on the road between Kidal, Anefis, and North Darane. “UN: 2 civilians killed by land mines in north Mali,” Associated Press (Timbuktu), 4 February 2013.
[8] ICBL Press Release, “Landmine Use in Malian Conflict Disturbing,” 12 February 2013.
Cluster Munition Ban Policy
Policy
The Republic of Mali signed the Convention on Cluster Munitions on 3 December 2008, ratified on 30 June 2010, and the convention entered into force for the country on 1 December 2010.
Since 2012, ongoing instability has prevented the planned incorporation of the Convention on Cluster Munitions into domestic law.[1] In September 2013, Mali informed States Parties that a process to enact implementing legislation for the convention had been “violently interrupted by the political crisis” in the country and said the process would resume after elections are held.[2]
In January 2012, an armed conflict began between the Malian government and its allies, and opposition armed groups in the north of the country. In January 2013, the French military began operations in cooperation with the government of Mali to help re-take areas in the north of the country. Military personnel from African Union states have also been deployed as part of the African-led International Support Mission to Mali (AFISMA). As of 27 June 2014, Mali had not yet submitted its initial Article 7 transparency report for the Convention on Cluster Munitions, which was originally due 30 May 2011.
Mali actively participated in the Oslo Process that created the convention and advocated for a total ban on cluster munitions without exception and with immediate effect.[3]
Mali continued to actively engage in the work of the Convention on Cluster Munitions. It has participated in every Meeting of States Parties of the convention, including the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013. Mali attended the first intersessional meetings of the convention in Geneva in June 2011, but not those held in subsequent years. Mali attended regional conferences on the convention held in Ghana in 2012 and Togo in 2013.
In September 2013, Mali emphasized the importance of the convention’s universalization and expressed its hope that all African nations will join the treaty so that its vision of an Africa free of cluster munitions can become a reality.[4]
Mali has not yet provided its views on certain important issues regarding the interpretation and implementation of the convention, such as the prohibition on foreign stockpiling or transit of cluster munitions, the prohibition on investment in cluster munition production, or the retention of cluster munitions for research or training purposes. On the issue of the prohibition on assistance with acts prohibited under the convention during joint military operations with states not party (interoperability), during the negotiations Mali argued against the inclusion of provisions on interoperability, cautioning that they must not undermine the very purpose of the convention.[5]
Mali is party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
Mali has stated several times that it has never used or stockpiled cluster munitions.[6] It is not known to have produced or transferred the weapons.[7]
In May 2013, a government official stated that despite the difficult and serious security situation, the government of Mali was not using cluster munitions, had never done so, and did not possess a stockpile.[8]
[1] Mali first reported in 2011 that the process to draft new legislation to implement the convention’s provisions had been initiated. Statement of Mali, Convention on Cluster Munitions Intersessional Meeting, Session on Victim Assistance, Geneva, 28 June 2011. Notes by the CMC.
[2] Statement of Mali, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 11 September 2013. See also, statement of Mali, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 23 May 2013. Notes by Action on Armed Violence (AOAV).
[3] For details on Mali’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 115–116.
[4] Statement of Mali, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 11 September 2013.
[5] Statement of Mali, Committee of the Whole on Article 1, Dublin Diplomatic Conference on Cluster Munitions, 27 May 2008. Notes by Landmine Action.
[6] Statement of Mali, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 22 May 2013. Notes by AOAV; statement of Mali, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 12 September 2012; and statement of Mali, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010. Notes by the CMC.
[7] Email from Amadou Maiga, West African Journalists for Security and Development Network, 19 July 2010.
[8] Statement of Mali, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 22 May 2013. Notes by AOAV.
Mine Action
Contamination and Impact
Mines
The Republic of Mali has a problem with antivehicle mines and improvised explosive devices (IEDs) in the north of the country but (as of March 2013) no reports had confirmed the presence of antipersonnel mines.[1]Mali has not submitted a Mine Ban Treaty Article 7 report since 2005 and at that time declared that there were no areas containing antipersonnel mines on its territory.[2]
In September 2009, Mali reported the presence of 80 mined areas in the regions of Tombouctou and Kidal, particularly along the roads between Tinza and Abubaza,[3] and it repeated this information in September 2010, suggesting limited progress in demining; however, the extent of the threat is not known.[4]
The upsurge in conflicts in Mali in 2012 resulted in reports of mine laying around the northern town of Gao by al-Qaeda in the Islamic Maghreb and an offshoot, the Movement for Oneness and Jihad in West Africa (MUJAO).[5] The UN Mine Action Service (UNMAS) said in March 2013 that it had received reports of antivehicle mines in the Kidal region being cleared towards Tin and Zaotene, and could only provide evidence of antivehicle mines.[6]
Cluster munition remnants and other explosive remnants of war
Mali has significant explosive remnants of war (ERW) contamination obstructing the delivery of humanitarian aid, freedom of movement, and efforts to stabilize and rebuild the economy in the aftermath of its civil war. Aerial attacks, artillery bombardments, and ground fighting in central and northern Mali left extensive unexploded and abandoned explosive ordnance ranging from grenades, mortars, and rockets to artillery shells and aircraft bombs. The towns of Diabaly, Douentza, Konna, and Gao were reportedly among the worst affected.[7]
Handicap International (HI) conducted a rapid assessment of the area around Segou and Mopti in January 2013 and concluded there was three to four months of work for approximately four explosive ordnance disposal (EOD) teams.[8]
As of March 2013, there was no evidence of contamination involving cluster munitions, but the UN reported multiple threats from IEDs.[9]
Mine Action Program
Key institutions and operators
Body |
Situation on 1 January 2013 |
National Mine Action Authority |
None |
Mine action center |
None |
International demining operators |
HI, Swedish Civil Contingencies Agency (MSB) |
National demining operators |
Malian Armed Forces |
Mali set up the National Commission for the Total Ban of Antipersonnel Mines (Commission Nationale pour l’Interdiction Totale des Mines Antipersonnel, CNITMA) in June 2002 with the participation of three ministries (Foreign Affairs, Defense, and Security) to serve as the national mine action authority.[10] By the start of 2013, it did not appear to be functioning.
UNMAS established a presence in Mali in November 2012 to coordinate international mine action operators and by the end of March 2013 had five international and two national staff. Sweden’s MSB provided support in the form of an Information Management System for Mine Action (IMSMA) and two EOD teams. Other operators were preparing to deploy survey and clearance teams.[11]
Land release
Demining in Mali has been carried out by the army’s two engineering teams using manual clearance methods and their own standing operating procedures. It has not reported in any detail on clearance in recent years and no data was available for clearance in 2012.
In the first quarter of 2013, UNMAS provided EOD training to International Mine Action Standard (IMAS) Level 2 for 14 army engineers and 16 personnel from other Malian national security organizations.[12]
Compliance with Article 5 of the Mine Ban Treaty
Under Article 5 of the Mine Ban Treaty, Mali was required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 March 2009. Mali has never declared a problem with antipersonnel mines and did not request an extension to its Article 5 deadline.
[1] Email from Charles Frisby, UN Mine Action Service (UNMAS), Mali Programme Manager, 29 March 2013.
[2] Mine Ban Treaty Article 7 Report (for the period 1 May 2004 to 1 May 2005), Form C.
[3] Geneva International Centre for Humanitarian Demining (GICHD), “Mali: Overview of information on mine action and ERW including submunitions,” Second African Francophone Seminar on Mine and ERW Action, Dakar, Senegal, 2–4 November 2009.
[4] GICHD, “Mali: Overview of information on mine action and ERW including submunitions,” Third African Francophone Seminar on Mine and ERW Action, Nouakchott, Mauritania, 27–30 September 2010.
[5] “Al Qaeda has mined access to key northern town: Tuareg rebels,” Agence France Presse, 2 July 2012.
[6] Email from Charles Frisby, UNMAS, 29 March 2013.
[7] “Abandoned munitions endanger lives in Mali,” IRIN, 19 March 2013; and “Malians return to deadly ground,” Handicap International (HI), 31 July 2013.
[8] Email from Charles Frisby, UNMAS, 29 March 2013.
[9] Ibid.
[10] Presentation of Mali, “Lutte anti mines au Mali” (“Fight against mines in Mali”), Seminar of African Francophone Actors of Mine and ERW Action, Contonou, Benin, 20–22 October 2008.
[11] Email from Charles Frisby, UNMAS, 29 March 2013.
[12] Ibid.
Casualties and Victim Assistance
The Republic of Mali is responsible for survivors of landmines and explosive remnants of war (ERW) and has made commitments to provide victim assistance through the Mine Ban Treaty.
Casualties Overview
All known casualties by end 2013 |
146 mine/ERW casualties between 2006 and 2013 |
Casualties in 2013 |
68 (2012: 45) |
2013 casualties by outcome |
19 killed; 49 injured (2012: 6 killed; 39 injured) |
2013 casualties by device type |
21 ERW; 31 undefined mines; 16 unknown explosive device type |
In 2013, there was an increase in casualties in Mali with 68 casualties identified.[1] Most of these casualties were civilians (53), including at least 17 children (at least three of the child casualties were girls). A majority of these incidents occurred in the region of Gao and Mopti.
In 2013, the significant increase of casualties as compared with both 2012 and most especially, other years,[2] continued the sharp rise in the number of casualties reported for 2012. This was due to new contamination resulting from fighting between government forces and Tuareg rebels that began in January 2012. In 2013, the number of civilian casualties rose in northern Malian communities and also among the population displaced by the conflict.[3] Casualties were also identified among Malian and French military forces in the northern part of the country.[4] The UN identified increased clearance and risk education activities as protection priorities for 2013 in order to respond to the numbers of casualties resulting from the increased levels of contamination from explosives.[5]
The Monitor identified a total of 146 mine/ERW casualties in Mali from 1999 to 2013, all of which occurred after 2006. Of that total, 77% of casualties occurred in the years 2012 and 2013 alone.
Victim Assistance
There is no coordination of victim assistance in Mali. The Ministry of Humanitarian Action, Solidarity, and the Elderly is responsible for the protection of the rights of persons with disabilities. In 2013, the ministry sponsored activities to promote income-generating opportunities for persons with disabilities and worked with NGOs, such as the Malian Federation of Associations for Handicapped Persons, which provided basic services. However, while persons with disabilities have access to basic healthcare, the government did not place a priority on protecting the rights of persons with disabilities, and few resources were available. [6]
In 2013, most NGOs working with persons with disabilities had to suspend their programs during the year due to the conflict in the north between government forces and armed groups.[7] In response to this fighting and other situations of violence in Mali, the ICRC opened a delegation in Mali in 2013 to respond to the consequences.[8] Wounded and sick people, including victims of mine/ERW, received medical services at the Gao regional hospital, which maintained and enhanced its services with substantial ICRC support, including a team of six ICRC specialists. Patients with specific needs were evacuated to other facilities, including physical rehabilitation centers in Bamako and Niger.[9]
In 2013, while the ICRC Special Fund for the Disabled (SFD) did not provide direct support to the Centre d’Appareillage Orthopédique Père Bernard Verspieren in Bamako, a rehabilitation center based in Bamako and run by the Malian association PROPHETE, it subsidized the cost of services at this center and at the Centre Père Bernard Verspieren as well as in Niger (Naimey) for victims of mine/ERW.[10] Treatment and travel/accommodation costs were covered by the ICRC.[11]
In 2013, there was no specific law protecting the rights of persons with disabilities or mandating their access to public buildings.[12] Mali ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 7 April 2008.
[1] Monitor media monitoring from 1 January to 31 December 2013; emails from Gabriel Petrocelli, Mine Risk Education Officer, UNICEF Mali, 7 June 2013; from Camille Aubourg, Humanitarian Coordinator, UN Mine Action Service (UNMAS) Mali, 25 April 2014; and from Benoit Couturier, Programme Director, Handicap International (HI) Mali, 16 April 2014.
[2] Five mine casualties were identified in 2011, no casualties in 2010, and six ERW casualties in 2009. See previous country reports and country profiles on the Monitor website.
[3] UN Office for the Coordination of Humanitarian Affairs (UNOCHA), “Priority actions and humanitarian needs analysis: A re-evaluation prompted by intensified conflict in central and northern Mali in January 2013,” 11 March 2013, pp. 13–14.
[4] “Mali: les premières victimes des mines” (“Mali: the first mine victims”), BBC Afrique, 31 January 2013; “Quatre soldats maliens tués par une mine dans le Nord” (“Four Malian soldiers killed by a landmine in the North”), Libération, 7 February 2013; “Mali: un camion militaire saute sur une mine dans le nord: un blessé grave” (“Mali: a military truck blows up on a landmine in the North: one severely injured”), Afriquinfos, 10 March 2013; “Mali: un soldat des forces spéciales tué par une mine” (“Mali: a special forces soldier killed by a mine”), Actu Défense, 29 April 2013; “Mali: trois soldats français blessés dans l'explosion d'une mine” (“Mali: three French soldiers injured in a landmine explosion”), France TV info, 20 November 2013.
[5] UNOCHA, “Priority actions and humanitarian needs analysis: A re-evaluation prompted by intensified conflict in central and northern Mali in January 2013,” 11 March 2013, pp. 13–14.
[6] United States (US) Department of State, “2013 Country Reports on Human Rights Practices: Mali,” Washington, DC, 27 February 2014, p. 22.
[7] HI reported closing their activities in northern Mali due to the conflict. Email from Benoit
Couturier, HI Mali, 16 April 2014. Also US Department of State, “2013 Country Reports on Human Rights Practices: Mali,” Washington, DC, 27 February 2014, p. 22.
[8] ICRC, “Annual report 2013,” Geneva, 14 May 2014, p. 170.
[9] Ibid,, pp. 171 and 176.
[10] ICRC SFD, “Annual Report 2013,” Geneva, June 2014, pp. 6 and 19.
[11] ICRC, “Annual report 2013,” Geneva, 14 May 2014, p. 173.
[12] US Department of State, “2013 Country Reports on Human Rights Practices: Mali,” Washington, DC, 27 February 2014, p. 22.
Support for Mine Action
Recent and ongoing armed conflict in the Republic of Mali has created a problem of contamination by weapons and explosives. At the request of the Department of Peacekeeping Operations, the UN Mine Action Service (UNMAS) deployed mine action staff to Mali in January 2013 in order to conduct an emergency assessment of the situation with regards to explosive threats and in support of Security Council Resolution 2085 (2012).[1]
In 2012, four donors contributed US$7,681,063 to Mali to begin a mine action program. Japan, France, and the United Kingdom (UK) provided funding through UNMAS while Sweden provided the Swedish Civil Contingencies Agency with SEK10.6 million ($1.56 million) to train the Malian Defense and Security Forces in explosive ordnance disposal.[2]
International contributions: 2012[3]
Donor |
Sector |
National currency |
Amount ($) |
Japan |
Various |
¥478,920,000 |
6,000,000 |
Sweden |
Clearance |
SEK10,600,000 |
1,565,246 |
France |
Various |
€50,000 |
64,295 |
UK |
Clearance |
£32,500 |
51,522 |
Total |
|
|
7,681,063 |
[1] UNMAS website, programs, “About UNMAS in Mali.”
[2] Ibid.
[3] Japan, Convention on Conventional Weapons Amended Protocol II Article 13 Report, 28 March 2013; Sweden, Mine Ban Treaty Article 7 Report, Form J, 25 March 2013; response to Monitor questionnaire by Richard Bolden, Policy Analyst Mine Action, Arms Exports and ATT, DD, 7 May 2013; France, Convention on Cluster Munitions Article 7 Report, Form I, 30 April 2013; and Mine Ban Treaty Article 7 Report, Form J, 30 April 2013. Average exchange rate for 2012: ¥79.82=US$1; SEK6.7721=US$1; €1=US$1.2859; and £1=US$1.5853. US Federal Reserve, “List of Exchange Rates (Annual),” 3 January 2013.