- the lack of harmonisation of the national legislation with the international legal instruments on human rights ; - the red-tape regarding the judicial procedures and the low rate of access by the citizens to justice delivery; - the conflict between modern law and customary law in certain areas ; - the lack of operational capacity on the part of State and non-State actors in the promotion and protection of human rights, in particular the weakness of the National Human Rights Commission (CNDH) ; - the persistence of some practices related to tradition, such as female circumcision , the levirate, sororate and child labour ; - the issue of the abolition of the death penalty ; - poverty and the high rate of illiteracy ; - the recurrent threat to peace and security, particularly in the North of the country ; - the low rate of participation in elections ; - the non-existence of a direct implementation by Malian judges of international human rights legal instruments and the non justiciability of economic, social and cultural rights of Mali is also a challenge to be addressed. 420. It must also be mentioned that during the review of Mali as part of the Universal Review Mechanism, in the face of some shortcomings identified, the Human Rights Council, among others, made the following recommendations: - the adoption of the draft text on the Code of Persons and the Family ; - the abolition of the death penalty in Mali ; - the adoption of a specific legislation on female circumcision and domestic violence; - the fight against child labour and child trafficking ; - the guarantee of the independence of the judiciary and the adoption of measures to reduce overcrowding in the prisons. 421. Finally, it should be stated that from independence to date, in particular since the advent of the rule of law and democracy in 1991 till today, Mali has made significant progress in promoting and protecting human rights. 81

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