76. The preamble of the Constitution states that the sovereign people of Mali solemnly undertake to defend the republican form and secularity of the State, declare their determination to defend the rights of women and children, the cultural and linguistic diversity of the national community and to ensure the improvement in the quality of life, protection of the environment and cultural heritage and endorse Universal Declaration of Human Rights of 10 December, 1948 and the African Charter on Human and Peoples’ Rights of 27 June, 1981. 77. Furthermore, the Constitution proclaims all the fundamental human rights and the main civil, political, economic, social and cultural rights as well as solidarity rights, as contained in international and regional human rights instruments. 78. The basic law of Mali guarantees fundamental rights and individual human freedoms. Indeed, Title I of the same dedicates Articles 19 to 24 to rights and freedoms and provides for mechanisms meant to ensure that they are respected. 79. Finally, the Constitution reaffirms the commitment of the sovereign people of Mali to the promotion of peace and establishes the right to a healthy environment. It provides that the protection and defence of the environment as well as the promotion of the quality of life constitute a right for all and the State. Non-Discrimination (Article 2) 80. The Constitution prohibits all forms of discrimination based on sex. Article 2 provides that: “All Malians shall be born and remain free and equal in respect of their rights and duties. Any discrimination based on social origin, colour, language, race, sex, religion and political opinion shall be prohibited.” 81. This constitutional provision is confirmed by Article 58 of the Criminal Code as follows: “Any statement or act likely to establish or give rise to racial or ethnic discrimination, any statement or act which aims at causing or sustaining the propagation of regionalism, any spreading of news with a tendency to affect the unity of the nation or reputation of the State, and any act which runs contrary to the freedom of conscience and the freedom of worship, and which is likely to cause citizens to rise up against one another shall be punishable by a term of imprisonment of one to five years or by a period of banishment of five to ten years.” 82. Mali unconditionally ratified the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Thus, Mali fully endorses the definition of discrimination based on sex within the meaning of the said Convention. 83. The rejection of racial segregation and Apartheid is a constant factor of politics in Mali, which country, mindful of ensuring the respect of human and peoples’ rights, has never 26

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