The ECOWAS Court on Monday dismissed multiple claims brought by the human rights organization?Collectif Cri de Coeur pour le Mali?against the government of Mali.
The case, premised on allegations of human rights violations during a conflict, included charges of rape, sexual violence, forced marriage, and torture by non-state actors.
The Applicant, representing the victims, sought judicial redress for these violations under various international human rights treaties, amongst which the Protocol to the African Charter on Women’s Rights in Africa (Maputo Protocol).
However, the Court concluded that the Applicant’s claims lacked sufficient evidence and legal grounding to hold the government responsible.
The Applicants told the Court that since January 2012, Mali has been a theatre of armed conflicts, especially in the northern part of the country which has been under the control of armed groups.
They claimed that, during the occupation of the town of Gao from April 2012 to January 2013, many acts of sexual
violence were committed against women and underage girls.
Some of the Applicants, who were among the victims of the alleged violations, said they lodged complaints and claims for indemnification through their lawyers as far back as 2016.
They alleged that the trial judge held their files for an unreasonable time before sending them to the Public Prosecutor of the Republic in Gao.
They claimed that the latter returned their files after five months, informing them of his incompetence on
the ground that the alleged facts constituted a terrorism crime and could only be handled by a specialised court.
The Applicants said they had not been able to access their files since, moreover, no other decision was taken to advance proceedings in the case.
They claimed that they were denied justice and that, by its inaction, Mali violated and continued to violate its obligation resulting from international conventions it freely adhered to.?
They prayed the Court declare that the State of Mali had violated their rights
to fair trial and effective remedy, the rights of children to health care and health services and their rights to compensation.
They asked the Court to order the Respondent to open investigations and prosecutions against the perpetrators and provide judicial, legal assistance, medical and psychological care to the victims.
Finally, they asked the Court to order the payment
of 40,000,000 FCFA for physical harm and 15,000,000 FCFA for moral harm to each of the victims.
The State of Mali contested the association’s claims, asserting the Court’s lack of jurisdiction and the inadmissibility of the case.
The Court, while recognizing its jurisdiction and the admissibility of the case, ultimately dismissed the Applicants’ claims on the merits.
In respect to the violation of the rights to a fair trial and the right to an effective remedy, the Court held that the Applicants have not supported their claims with compelling facts and evidence to establish a derogation of the guarantees under Article 7 of the African
Charter?on Human and Peoples’ Rights?(ACHPR).
On the violation of the Applicant’s rights to prosecution of perpetrators under the Maputo Protocol, the Court held that the Respondent having established a mechanism to discharge its obligation, did not breach the rights of the Applicants.
Other claims were dismissed by the Court for lack of quality evidence necessary to be successful.
Members of the panel of judges were Justices Edward Amoako Asante (Presiding) and Gberi-bè Ouattara and Sengu M. Koroma (Judge Rapporteur).
Source: Ghana News Agency
93 women who are victims of violence and mothers of 240 children have received approval letters to receive funds and equipment to start projects as part of the economic empowerment programme for women in vulnerable situations and victims of violence “Samida”, Minister of Family, Women, Children and the Elderly Amal Belhaj Moussa said on Tuesday.
Speaking to the women who will receive the funds, the minister pointed out that “these letters represent the first batch within the framework of the Samida programme.”
They «aim to consolidate the resilience of women victims of violence, develop their financial capabilities, increase their autonomy and help them overcome their vulnerabilities as part of a government policy,” she added.
Belhaj Moussa noted that 60% of women victims of violence are unemployed or do not have a stable job, stressing that the beneficiaries who received the approval letters will be registered on the number 1899 dedicated to reporting cases of violence.
Head of the programme to combat v
iolence against women at the Ministry and coordinator of the “Samida” programme, Hanène Benzarti, stressed that 93 of the approved projects cover most of the governorates of the Republic of Tunisia and several activities (services, tourism, crafts, technology and agriculture).
The head of the General Directorate for Women and Families, Wijdane Ben Ayed, said that the beneficiaries come from 17 governorates in the north, centre and south of Tunisia and are between 20 and 60 years old.
Source: Agence Tunis Afrique Presse