-
the Protocol to the African Charter on the Establishment of an African Court on Human
and Peoples’ Rights;
the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of
Women;
the OAU Convention Governing Specific Aspects of the Refugee Problem in Africa;
the African Youth Charter, and
the human rights commitments made by Mali within the framework of ECOWAS and the
Francophonie.
19. Under the provisions of Article 116 of the Constitution of 25 February, 1992: “Duly
ratified or approved treaties or agreements shall, as soon as they are published, be more
binding than the laws, subject to its application by the other party in respect of each treaty or
agreement.”
20. The commitment to the Universal Declaration of Human Rights and the African Charter
on Human and Peoples’ Rights in the preamble to this Constitution confers constitutional
status on these two instruments of regional and international scope.
B. Main legislative and regulatory enactments:
21. The commitment of Mali to the universal values of human rights remains constant and is
manifested at the regulatory level by the regular ratification of legal regional and
international human rights promotion and protection instruments and the adoption of
constitutional, legislative and regulatory provisions.
22. Thus, all the constitutions and other enactments of constitutional value which Mali has
had since it attained independence in 1960 proclaimed the fundamental rights and freedoms
of the human being.
23. Since 1991, the promotion and protection of human rights have been part of the pluralistic
democratic process and the rule of law.
24. Indeed, the Constitution of 25 February, 1992 gives priority to human rights and
freedoms. In this regard, in the preamble of this Constitution, Mali committed itself to the
Universal Declaration of Human Rights and the African Charter on Human and Peoples’
Rights, and commits itself to the defence of the specific rights of women and children and to
ensure an improvement in the quality of life of all of its citizens. The whole of Title I of this
Constitution deals with the rights and responsibilities of the human being.
25. It should be stated that the on-going reform of the 1992 Constitution which seeks to
launch a wide range of political changes aims at providing the country with institutions which
will work to achieve sustainable development. The objective is not to undermine the current
institutions, but rather to adapt them to development needs and sub-regional integration.
26. Indeed, the planned reforms, which are the outcome of brainstorming activities on the
13