in Mali” with a mandate to promote knowledge of human rights and ensure their implementation for the period 2008 – 2012. Thus, this programme aims at consolidating and strengthening the achievements of the Human Rights Promotion and Protection Support Programme that Mali has implemented with the support of the UNDP. - In the area of harmonisation with the ratified conventions: 398. In spite of Article 116 of the Constitution according to which, the agreements duly ratified take precedence over laws, Mali has incorporated some instruments into its legislation by adopting in particular, the child protection code and the law on criminal responsibility of minors and the establishment of juvenile courts for minors. 399. However, it must be pointed out that Article 116 is not always interpreted by all the stakeholders in the same way. Indeed, some think that it means a ratified convention can be directly applied by the judges. Others, on the contrary, interprete it to mean that, in case of conflict between the ratified convention and a law, it is the former that is applied. 400. In any case, in Mali, the reality is that, in spite of the existence of provisions of Article 116, judges are not quick to directly enforce the ratified agreements. 401. In this regard, it is proper to recall the recommendation made by the APRM in paragraph 142 of the evaluation report of Mali, requesting the government to “review Article 116 in order to establish a constitutional obligation of incorporating the provisions of international legal instruments to which Mali is a signatory into the domestic legal system”. - In terms of civil and political rights: 402. Political pluralism and the full exercise of public freedoms are two essential indicators of the rule of law and democracy. In this regard, in the area of civil and political rights, one can affirm that the normative and institutional framework of Mali provides all the guarantees for the exercise of individual and collective freedoms; this can be proved by the very large number of political parties (more than about one hundred), of non-governmental organisations and human rights defence associations. 403. Furthermore, aware of the important role of justice, the foundation for any democratic plan, the government has adopted a Ten-year Justice Development Plan (PRODEJ) with the support of the technical and financial partners in order to strengthen the material and human capacity as well as those relating to human rights protection in the administration of justice. The intended objective is to strengthen the independence of the judiciary and promote a better distribution of justice in the country. 404. Concerning the adoption of the Code of Persons and the Family and the abolition of the death penalty, national opinion is divided. Indeed, though the former is before the National 78

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