Mali

The Republic of Mali is a large landlocked state in west Africa with a population of approximately 22.4 million.¹ According to the latest estimations, 94.8% of the population are Muslim (nearly all Sunni), 2.4% Christian and 2% Animistic. 0.45% of the population declare themselves as having no religion.²

Mali gained independence from France in 1960 and experienced 23 years of military dictatorship before its first democratic elections in 1992. In 2012, a Tuareg rebellion in the north of the country, supported by Islamist groups, triggered a military coup. The Islamist groups subsequently captured several towns causing hundreds of thousands of people to flee the region and prompting a French military intervention later followed by the establishment of a UN peacekeeping force.³ Despite a peace deal signed between the government and the Tuareg rebels in 2015, parts of the country remain politically unstable and under the control of extremist armed groups. Thousands have died or have been displaced as a result of the ongoing conflict.

Two further coups d’etat in 2020 and 2021 brought in junta-led transitional governments⁴ and a constitutional referendum took place in 2023, giving greater powers to the President.⁵ However, the elections that had been promised for 2024 had still not taken place at the time of writing.⁶

Constitution and government

Article 14 of the Constitution⁷ protects freedom of thought, conscience and religion, as well as freedom of opinion and expression. The Constitution defines the country as a secular state and allows for all religious practices that respect the law.⁸ Article 58 of the Penal Code⁹ criminalizes discrimination based on religion and prohibits acts that contravene freedom of belief and religion that are “likely to pit citizens against each other”.¹⁰ The penalty ranges from one to five years in prison. The Code also recognizes persecution of groups of people on the basis of religion as a crime against humanity.

However, the general decline in respect for human rights since the 2012 conflict, by both state and non-state actors,¹¹ and the lack of government control in northern and central Mali have made the implementation of laws protecting freedom of religion or belief impossible in areas dominated by extremist groups. These groups have terrorized the population, attacking those whom they perceive as failing to follow their strict interpretation of Islam. Such groups have also occasionally carried out targeted attacks and kidnappings of Christians.¹²

The National Transition Council – the country’s legislative body – reserves four seats for representatives from three religious groups.¹³ Mali’s High Islamic Council has a significant influence over the government, despite not having been offered the three seats they had hoped for on the Council.¹⁴ Mahmoud Dicko, president of the High Islamic Council between 2008-2019, regularly sought involvement in national politics and ministers admitted that he could “cause a lot of damage”. In 2009, he successfully spearheaded opposition to a reform of the Family Code which would have updated marriage laws and given women equal inheritance rights and in 2018, with his ability to mobilize huge numbers of the public, he successfully opposed an education project which he claimed promoted homosexuality.¹⁵

Ahead of the 2023 constitutional referendum, many religious organizations joined forces to call for the removal of secularism (laïcité) from the Constitution, arguing that it represents a negative hangover from the French colonial past.¹⁶ However, they did not win the argument.

The “associations law”¹⁷ requires all public associations including religious groups to register, with the exception of groups practicing indigenous religious beliefs; however, registration confers no tax preferences or other legal benefits, and there is no penalty for remaining unregistered. The Ministry of Religious Affairs, Worship, and Customs (MARCC), is responsible for administering the national strategy for countering violent extremism and for promoting religious tolerance.

Passports and national identity documents do not designate religious identity.

Education and children’s rights

Under Article 11 of the Constitution state schools are not permitted to offer religious instruction. However, privately funded religious schools are allowed to do so. Private madrassahs and Catholic schools teach the standard state curriculum as well as religion classes. Non-religious students of both schools are allowed to opt out of these classes.¹⁸

About half a million children have had their schools closed due to the conflict. In those parts of the country that are under the control of Islamist militant groups, large numbers of schools have been forced to use curriculums in line with the groups’ religious ideologies.¹⁹

Corporal punishment

Corporal punishment of children is still permitted by law, despite the fact that Mali had accepted recommendations made by the UN to prohibit the practice.²⁰ In 2024, the UN Committee on the Rights of the Child noted that corporal punishment was prevalent in schools, including Quranic schools.²¹

Family, community and society

Discrimination against groups of people based on caste and social status has a long history in Mali. A system of ‘descent-based slavery’ persists in some parts of the country with people forced to work without pay and subjected to violence and severe discrimination.²²

Women’s rights

Women are very much second class citizens in Mali, a country where discriminatory customary and traditional practices are reinforced by legal discrimination.²³ Religious customs dictate inheritance rights for example, with civil courts taking these customs into account in their rulings, although many cases are settled informally.²⁴ Rape and domestic violence against women are common, and go largely unreported and there are no laws in place to prohibit spousal rape or domestic violence.²⁵

Marriage

The law defines marriage as secular. Couples must undertake a civil ceremony, which they may follow with a religious ceremony.²⁶ Polygamy is legal and common, even in cities.²⁷ The legal age of marriage for women remains 16 years. Several UN bodies have called for this to be raised to 18 years, in line with the legal age for men.²⁸

Female Genital Mutilation (FGM)

Mali has one of the highest rates of FGM in the world and the practice is not yet criminalized.²⁹ According to UNICEF, 89% of women and girls between 15 – 49 years have been subjected to FGM. There is a high prevalence across all ethnic groups except the Songhaï and the Tuareg, and while the practice is common across religious groups, it is predominantly Muslims who consider it a religious obligation.³⁰

LGBTI+ rights

There is strong opposition to LGBTI+ rights, including from religious leaders,³¹ and in November 2024, the National Assembly unanimously voted for the criminalization of homosexuality, although this has not yet entered into force.³² LGBTI+ people are already subjected to assault and abuse, including acts of sexual violence and discrimination, and the new law will likely make this situation worse.³³

Freedom of expression, advocacy of humanist values

Since the 2020 coup civic space has diminished in Mali with civil society actors and media professionals self-censoring due to fear of reprisals. The current authorities have made use of defamation and cyber criminality laws to curb criticism of their policies, convicting individuals for “damage to the credibility of the State and insults committed via social networks”.³⁴ The departure of the UN peacekeeping Mission in December 2023, which came at the request of the Malian authorities, raised serious concerns about the impact to human rights monitoring and civilian protection.³⁵

Media Freedom

In May 2023, 30 media organizations published an open letter to both the Malian and Burkina Faso governments calling for an end to violations of media freedom.³⁶ Threats and arrests of journalists have increased in Mali since 2020, targeting media professionals considered to be critical of the government.³⁷ Several journalists have been forcibly disappeared, reportedly by members of the security forces.³⁸ There is growing pressure to report “patriotic news” in support of the transitional government and its policies. According to Reporters Without Borders, in November 2022, a journalist received serious threats for contributing to a report about the Russian Wagner militia and their deployment in the country³⁹ and in 2024 a colonel was forcibly disappeared after publishing a book about abuses perpetrated by the Malian armed forces.⁴⁰

French media outlets Radio France Internationale and France 24 have been permanently suspended from operating in the country and it has been made impossible for foreign journalists to be accredited.⁴¹

It is very dangerous for journalists to report on the situation in the north of the country. French journalist, Olivier Dubois, was abducted in 2021 and held for nearly two years by an al-Qaeda affiliated group and in 2023 journalist, Abdoul Aziz Djibrilla, was killed and two of his colleagues abducted.⁴²

Freedom of Assembly and Association

Although Article 17 of the Constitution guarantees freedom of assembly and association, since the 2020 coup there have been restrictions and repression of organizations working on human rights and democracy issues, some of whom have reported death threats and threats of detention. In 2022, NGOs that received financing from the French government were suspended.⁴³

In August 2023, in Bandiagara district, Mopti region, security forces fired at people protesting against killings by armed groups. One person was killed and seven others injured.⁴⁴ Access to the internet and social media has also been restricted on a number of occasions between 2018 and 2020 in a bid to prevent demonstrations.⁴⁵

During the first few months of 2024, the government dissolved a number of civil society associations and in April it went as far as suspending all political parties and associations “until further notice”,⁴⁶ apparently in response to a call by more than 80 political parties and associations for long promised elections to be held as soon as possible.⁴⁷

De facto ‘blasphemy’ restrictions

Although Mali does not have specific ‘blasphemy’ laws, acts deemed to cause religious offense have been prosecuted under broader legislation with strong public support.

In 2022, the national leader of Kemetism (a recent neopagan religion inspired by ancient Egypt that defends African culture against monotheistic religions such as Islam or Christianity), Fakoly Doumbia, was sentenced to one year in prison for “offenses of a religious nature capable of causing disturbance to public order”. Doumbia had criticized the Minister of Religious Affairs, Worship, and Customs for condemning a video circulating on social media showing an adherent of Kemetism stepping on a Quran.⁴⁸ The video sparked public outrage and thousands took to the streets following a call to protest by the High Islamic Council of Mali who called for the man in the video to be “killed”.⁴⁹

In August 2023, another adherent of Kemetism, Adama Fomba, was sentenced to five years imprisonment after a video circulated on social media in which he allegedly insulted Islam. The case has been appealed and, according to the latest information available, remains pending at the Bamako Court of Appeals.⁵⁰

Courts have cited the law to prevent cybercrimes⁵¹ and article 58 of the Penal Code as being contravened in such cases.⁵² Article 58 of the Penal Code reads:⁵³

“Any statement, any act that could create or give rise to racial or ethnic discrimination, any statement, any act intended to provoke or maintain regional propagation, any propagation of news that could undermine national unity or the reputation of the state, any protest contrary to freedom of conscience and freedom of worship likely to pit citizens against each other, shall be punishable with imprisonment of between one to five years, and optionally with a residence ban of between five to ten years.”

In an August 2023 statement, the prosecutor responsible for cybercrime cases warned against hate speech on social media that was critical of religion.⁵⁴

1. Institut National de la Statistique, accessed January 2025 https://www.instat-mali.org/laravel-filemanager/files/shares/rgph/rapport-resultats-globaux-rgph5_rgph.pdf [↩]
2. Institut National de la Statistique, 4eme Recensement général de la population et de l’habitat du Mali (RGPH-2009), Thème 2: Etat et structure de la population, accessed January 2025 https://ireda.ceped.org/inventaire/ressources/mli-2009-rec-rapport_etat_structure_RGPH2009_vf.pdf [↩]
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7. Constitution du Mali, Présidence de la République du Mali https://koulouba.ml/wp-content/uploads/2023/12/Constitution-promulguee.pdf [↩]
8. “La laïcité ne s’oppose pas à la religion et aux croyances. Elle a pour objectif de promouvoir et de conforter le vivre-ensemble fondé sur la tolérance, le dialogue et la compréhension mutuelle. L’Etat garantit le respect de toutes les religions, des croyances, la liberté de conscience et le libre exercice des cultes dans le respect de la loi.” (Article 32)[↩]
9. Code Pénal, Loi n°01-79 du 20 août 2001, accessed January 2025 https://sgg-mali.ml/codes/mali-code-2001-penal-maj-2016.pdf [↩]
10. toute manifestation contraire à la liberté de conscience et à la liberté de culte susceptible de dresser les citoyens les uns contre les autres [↩]
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14. David Baché, “Mali: le chef du Haut conseil islamique veut «dire la vérité» aux dirigeants de la transition”, RFI, 18 December 2022 https://www.rfi.fr/fr/afrique/20221218-mali-le-chef-du-haut-conseil-islamique-veut-dire-la-v%C3%A9rit%C3%A9-aux-dirigeants-de-la-transition [↩]
15. Cyril Bensimon, “Au Mali, l’influence du président du Haut Conseil islamique dépasse le cadre des mosquées”, Le Monde, 26 December 2018 https://www.lemonde.fr/afrique/article/2018/12/26/au-mali-mahmoud-dicko-imam-et-vizir_5402362_3212.html [↩]
16. “Au Mali, des associations font front commun contre la laïcité dans la Constitution”, Le Monde, 8 May 2023 https://www.lemonde.fr/afrique/article/2023/05/08/au-mali-des-associations-font-front-commun-contre-la-laicite-dans-la-constitution_6172505_3212.html [↩]
17. Présidence de la République, Loi n° 04 – 038 Relative aux associations, 5 August 2024 https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/97007/MLI-97007.pdf [↩]
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21. “Experts of the Committee on the Rights of the Child Welcome Mali’s Measures to Tackle Poverty, Ask about Efforts to Promote School Safety and Prevent the Use of Children in Armed Conflict”, UN Human Rights Office of the High Commissioner, 10 May 2024 https://www.ohchr.org/en/news/2024/05/experts-committee-rights-child-welcome-malis-measures-tackle-poverty-ask-about-efforts [↩]
22. Summary of stakeholders’ submissions on Mali, Human Rights Council Working Group on the Universal Periodic Review, Forty-third session, 1–12 May 2023 https://documents.un.org/doc/undoc/gen/g23/012/35/pdf/g2301235.pdf [↩]
23. Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights, Human Rights Council, Working Group on the Universal Periodic Review, Forty-third session, 1–12 May 2023 https://documents.un.org/doc/undoc/gen/g23/010/80/pdf/g2301080.pdf [↩]
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28. Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights, Human Rights Council, Working Group on the Universal Periodic Review, Forty-third session, 1–12 May 2023 https://documents.un.org/doc/undoc/gen/g23/010/80/pdf/g2301080.pdf [↩]
29. Summary of stakeholders’ submissions on Mali, Human Rights Council Working Group on the Universal Periodic Review, Forty-third session, 1–12 May 2023 https://documents.un.org/doc/undoc/gen/g23/012/35/pdf/g2301235.pdf [↩]
30. Fonds des Nations Unies pour l’enfance, Mutilations génitales féminines au Mali : Bilan d’une étude statistique, UNICEF, 2022 https://www.unicef.org/mali/media/3531/file/FGM%20Mali_FR_HR.pdf [↩]
31. Cyril Bensimon, “Au Mali, l’influence du président du Haut Conseil islamique dépasse le cadre des mosquées”, Le Monde, 26 December 2018 https://www.lemonde.fr/afrique/article/2018/12/26/au-mali-mahmoud-dicko-imam-et-vizir_5402362_3212.html [↩]
32. “LGBT rights in Mali”, Equaldex, accessed January 2025 https://www.equaldex.com/region/mali [↩]
33. Larissa Kojoué, “New Mali Law Disastrous for LGBT People”, Human Rights Watch, 6 November 2024 https://www.hrw.org/news/2024/11/06/new-mali-law-disastrous-lgbt-people [↩]
34. Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights, Human Rights Council, Working Group on the Universal Periodic Review, Forty-third session, 1–12 May 2023 https://documents.un.org/doc/undoc/gen/g23/010/80/pdf/g2301080.pdf [↩]
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45. Summary of stakeholders’ submissions on Mali, Human Rights Council Working Group on the Universal Periodic Review, Forty-third session, 1–12 May 2023 https://documents.un.org/doc/undoc/gen/g23/012/35/pdf/g2301235.pdf [↩]
46. “Mali: Junta Suspends Political Parties, Associations”, Human Rights Watch, 12 April 2024
    https://www.hrw.org/news/2024/04/12/mali-junta-suspends-political-parties-associations [↩]
47. Serge Daniel, “Mali: plus de 80 associations et partis politiques demandent le retour à l’ordre constitutionnel”, Radio France Internationale, 1 April 2024 https://www.rfi.fr/fr/afrique/20240401-mali-plus-de-80-associations-et-partis-politiques-demandent-le-retour-%C3%A0-l-ordre-constitutionnel [↩]
48. 2023 Report on International Religious Freedom: Mali, US Department of State, accessed January 2025 https://www.state.gov/reports/2023-report-on-international-religious-freedom/mali/ [↩]
49. “Thousands protest in Mali over ‘blasphemous’ video”, France 24, 4 November 2022 https://www.france24.com/en/live-news/20221104-thousands-protest-in-mali-over-blasphemous-video [↩]
50. 2023 Report on International Religious Freedom: Mali, US Department of State, accessed January 2025 https://www.state.gov/reports/2023-report-on-international-religious-freedom/mali/ [↩]
51. Présidence de la République, Loi No.2019-056 du 5 decembre 2019 portant répression de la cybercriminalité https://www.matcl.gov.ml/uploads/topics/17102498224075.pdf [↩]
52. Siaka Diamoutene, “Mali : le Procureur ouvre une enquête judiciaire suite à la publication d’une vidéo blasphématoire sur le Coran”, maliweb.net, 1 November 2022 https://www.maliweb.net/societe/mali-le-procureur-ouvre-une-enquete-judiciaire-suite-a-la-publication-dune-video-blasphematoire-sur-le-coran-2997213.html [↩]
53. Tout propos, tout acte de nature à établir ou à faire naître une discrimination raciale ou ethnique, tout propos, tout acte ayant pour but de provoquer ou d’entretenir une propagation régionaliste, toute propagation de nouvelles tendant à porter atteinte à
    l’unité de la nation ou au crédit de l’État, toute manifestation contraire à la liberté de conscience et à la liberté de culte susceptible de dresser les citoyens les uns contre les
    autres, sera puni d’un emprisonnement de un à cinq ans et facultativement de cinq à dix ans d’interdiction de séjour [↩]
54. 2023 Report on International Religious Freedom: Mali, US Department of State, accessed January 2025 https://www.state.gov/reports/2023-report-on-international-religious-freedom/mali/ [↩]