Independence of the judiciary and establishment of national institutions for the
promotion and protection of human rights (Article 26)
359. The Constitution of Mali recognises the power of the judiciary and establishes its
independence in Article 81. The judicial power is the custodian of freedoms. It ensures the
respect of rights and freedoms and it is responsible for enforcing the Republican laws.
360. Apart from this independent judicial power, there is a national human rights promotion
and protection institution: The National Human Rights Commission.
361. This institution, which was established by Law No. 09-042 of 19 November 2009, is an
advisory organ. Its operational costs are borne by the Government.
Duty of respecting others and to consider them without discrimination (Article 28)
362. Article 2 of the Constitution of Mali of 25 February 1992 provides that “all Malians are
born and are free and equal in terms of rights and duties. Any discrimination based on social
origin, colour, language, race, sex, religion and public opinion is prohibited”.
363. The same Constitution stipulates a number of duties that fall on the citizen: the duty for
all to protect and defend the environment and the quality of life, the duty for all citizens to
provide support in the event of a natural disaster, work, defence of the fatherland, the duty to
honour all civic obligations and particularly to pay one’s taxes, the duty of respecting the
Constitution (Articles 15 to 24).
364. The individual must respect others without discrimination in order to promote reciprocal
tolerance. Furthermore, he has responsibilities of moral and material assistance towards his
family and his parents. He must be patriotic and must not compromise the security of the
State, he must preserve and strengthen national independence and territorial integrity of the
fatherland and generally contribute to the promotion of positive African cultural values and
the promotion and the attainment of African unity.
Other duties (Article 29)
Paragraph 1: Duty of preserving the harmonious development of the family
365. The individual has duties both towards the family, the society, the State and the other
authorities legally recognised and towards the international community.
366. Thus, Article 31 of the African Charter on the Rights and Welfare of the Child provides
that: “Every child has responsibilities towards his family, the society, the State and any other
community legally recognised and to the international community. The child, based on his
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