Safeguarding Equality: The Battle against Forced and Early Marriage in Mali

A Call for Change: Challenging Mali‘s Controversial Marriage Law

Introduction

In 2011, the National Assembly of Mali passed a law that sparked significant controversy and concern from human rights organizations. The law, known as the Code of Persons and the Family, allows for the marriage of girls as young as 15 with certain conditions, while also giving validity to religious marriages that can be conducted without the consent of those involved, including minors. Furthermore, the law upholds discriminatory practices of inheritance, granting women only half of what male heirs receive and denying children born out of wedlock their rightful inheritance.

This regressive legislation prompted strong opposition from organizations advocating for women’s and children’s rights. In response, the Association for the Progress and Defense of Women’s Rights (APDF) and the Institute for Human Rights and Development in Africa (IHRDA) took the decisive step of submitting a complaint to the African Court on Human and Peoples’ Rights, seeking redress for the violations of rights perpetuated by the Malian law.

A Historic Judgment

On May 11, 2018, the African Court delivered a landmark judgment that has the potential to improve the lives of countless women, girls, and children in Mali. The Court declared that the minimum age of marriage should be 18 for both genders and emphasized the crucial importance of free consent in all marriages. Additionally, the Court affirmed the rights of women and all children to receive equal inheritance. It reminded Mali of its obligations under the Maputo Protocol on the Rights of Women and the African Charter on the Rights and Welfare of the Child, which call for the elimination of practices that undermine the rights of women and children.

This judgment represents a significant endeavor to address the deeply ingrained inequalities and harmful practices that persist in many parts of Mali. By acknowledging the importance of consent in marriage and equal rights in matters of inheritance, the African Court has set a precedent to protect the most vulnerable members of society.

The Ongoing Struggle for Change

Despite the court ruling, it is disheartening to note that the Malian government has yet to modify the law, leaving the plight of women, girls, and children unchanged. This lack of action calls into question the commitment of the government to safeguard the rights and well-being of its citizens, particularly those already marginalized due to their gender or age.

It is essential for Mali to honor its international obligations and address the shortcomings highlighted by the African Court. The Malian government must demonstrate its dedication to the principles of equality, human rights, and child protection by amending the law to align with international standards. Moreover, educational efforts to raise awareness and promote gender equality are imperative to foster a society that values and upholds the rights of women and children.

The Road Ahead: Striving for Equality

In order to effect lasting change, it is crucial for Mali to translate the recommendations of the African Court into tangible actions. This requires a multifaceted approach that encompasses legal reforms, community engagement, and educational campaigns.

1. Legal Reforms: The Malian government must take immediate steps to amend the Code of Persons and the Family to reflect the standards set by the African Court. The minimum age of marriage must be raised to 18 for both men and women, and consent should be a prerequisite for any marriage. Furthermore, the discriminatory provisions regarding inheritance must be repealed to ensure equitable distribution of assets.

2. Community Engagement: It is essential to engage communities, religious leaders, and civil society organizations in open discussions about the harmful impact of child marriage and discriminatory practices. Sensitization programs can play a pivotal role in dispelling misconceptions, raising awareness about the rights of women and children, and promoting gender equality.

3. Education and Empowerment: Comprehensive educational programs are vital to empower girls and boys with knowledge and skills necessary to make informed decisions about their lives. By providing quality education, vocational training, and support services, Mali can equip young people to break the cycle of poverty and gender inequality.

It is imperative for the international community to support Mali in these efforts and hold the government accountable for its commitments. By providing technical assistance, funding, and expertise, international organizations can help accelerate the pace of change, ensuring that the rights of all individuals in Mali are protected and upheld.

Conclusion

The African Court on Human and Peoples’ Rights has delivered a groundbreaking judgment that calls on Mali to confront the deeply entrenched practices and traditions that perpetuate gender inequality and harmful norms. The time for complacency is over. The Malian government must take swift action to modify the law and create an environment that respects and safeguards the rights of women, girls, and children.

The road ahead may be challenging, but the principles of equality, human rights, and gender justice demand unwavering dedication. Only through collective efforts, both domestic and international, can Mali pave the way for a future where every individual, regardless of gender or age, can exercise their rights freely and pursue a life of dignity and fulfillment.

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