African Court on Human and Peoples’ Rights Rules that Mali Failed to Fulfil its Obligation to Strengthen and Create Independent and Impartial Electoral Bodies.
GHRTV
23-03-2022
Clea Strydom
International Justice and Human Rights Researcher,
Global Human Rights Defence.
On, Thursday, March 24th 2022, the African Court on Human and Peoples’ Rights (“the Court”) delivered seven Judgments, closing its four-week 64th Ordinary Session in Arusha, Tanzania. In one of these judgments, Oumar Mariko vs Republic of Mali, [3] the Court held that Mali had not fulfilled its obligation to strengthen and create independent and impartial electoral bodies.
The applicant in the case, Mr. Oumar Mariko is a Malian national, a medical doctor, and a member of the National Assembly of the Republic of Mali. He alleged a violation of human rights in connection with the Malian presidential elections of 29 July 2018, in which he was a candidate. Mr Mariko alleged that Mali violated his right to have his cause heard and his rights to equality before the law and to equal protection of the law. He further alleged that the Mila failed their obligation to establish an independent and impartial electoral body, to establish electoral lists in a transparent and reliable manner, and to establish and strengthen domestic mechanisms to settle electoral disputes.[2] The Court held that Mali had violated the rights of Mariko to be tried within a reasonable time and to be heard. Furthermore, the Court found that Mali had failed in its obligation to guarantee the independence of the Constitutional Court and to establish and strengthen an independent and impartial electoral body.
Besides the monetary reparations awarded to Mariko, the Court also ordered the Republic of Mali to amend the laws governing the Constitutional Court to include provisions that ensure respect for the principle of adversarial proceedings, and on the procedure for recusal of judges. Furthermore, it ordered Mali to take all necessary measures to fully fulfil its obligation to guarantee the independence of the Constitutional Court and to take all necessary measures to fully fulfil its obligation to establish and strengthen independent and impartial electoral bodies. The judgment also included a reporting mechanism.
[1] Application 029/2018 Oumar Mariko vs Republic of Mali (March 24, 2022) Judgment on Merits and reparations, available at https://www.african-court.org/cpmt/storage/app/uploads/public/624/439/c87/624439c87c5b6035862468.pdf
[2] More detailed facts of the case are available in Section VII: Merits, pg. 10 of the case https://www.african-court.org/cpmt/storage/app/uploads/public/624/439/c87/624439c87c5b6035862468.pdf
Sources and Further Reading
African Court of Human and Peoples’ Rights (2022) Application 029/2018 Oumar Mariko vs Republic of Mali, Ruling on Merits and Reparations, Press Release https://www.african-court.org/cpmt/storage/app/uploads/public/623/c3b/c79/623c3bc79e0ff203298069.pdf
African Court of Human and Peoples’ Rights (2022) Application 029/2018 Oumar Mariko vs Republic of Mali, Judgment on Merits and Reparations, https://www.african-court.org/cpmt/storage/app/uploads/public/624/439/c87/624439c87c5b6035862468.pdf
African Court of Human and Peoples’ Rights (2018) Application 029/2018 Oumar Mariko vs Republic of Mali. https://www.african-court.org/cpmt/storage/app/uploads/public/623/ade/dbb/623adedbb14b2958580731.pdf
