In the matter of legislation, the relevant basic principles set forth in the Constitution of 22 September 1960 have been clarified, given effect and made applicable by subsequent organic laws relating to the problem of freeing one human from the bondage of another. The principal legislation is as follows:
The Penal Code Act No. 61-99 of 3 August 1961.
The Marriage and Guardianship Code Act No. 62-17 of 3 February 1962.
The Labour Code Act No. 62-67 of 9 August 1962 and the Social Welfare Code Act No. 62-68 of 9 August 1962.
(1) Slavery and institutions and practices similar to slavery are punishable under penl law; the punishment imposed on persons convicted thereof is set forth in articles 189 and 190 of the Penal Code as follows:
Article 189. Any person who has entered into an agreement whose object if to deprive a third person of is liberty, whether gratuitously or for gain, shall be liable to five to ten years’ hard labour. All monies, merchandise and other objects of value received in execution of the agreement, or advance payments on any future agreement, shall be confiscated.
Any person who brings into the Republic of Mali another person for the purpose of such an agreement, or who has taken or attempts to have taken another person out of the Republic for the purpose of entering into such an agreement abroad, shall be liable to the same penalty.
The term of hard labour may be increased to twenty years if the person concerned, either within Mali or abroad, is a minor under the age of fifteen.
In the cses referred to in this article, the Court may also order the imposition of the disabilities prescribed in article 6 hereof.
One to twenty years’ local banishment may also be ordered.
Article 190. The pawning of persons, for any reason, is prohibited.
Any agreement, of whatever form, relating to a marriage which pedges the future children of that marriage, shall be deemed to constitute pawning.
Any person who has given or received a person in pawn shall be liable to six months’ to two years’ imprisonment and a fine of from 20,000 to 100,000 francs.
However, if the person given in pawn is under the age of fifteen, the penalty shall be one to five years’ imprisonment and a fine of from 50,000 to 500,000 francs.
The pawning of a person which compels that person to live with an individual from a different tribe, shall be deemed to constitute enslavement and punished accordingly.
Any person found guilty of inducing a woman or girl by promises, gifts, or any other means or persuasion or corruption, shall be liable to: three months’ to two years’ imprisonment and a fine of from 20,000 to 400,000 francs (see article 185 of the Penal Code).
(e) Mutilating or branding a slave or a person of servile status in order to indicate his status, or as a punishment, or for any other reason, constituted an offence under, and is punishable under, article 171 of the Penal Code…
The human person is sacred and inviolable.
Every individual shall have the right to the life, to the liberty, to the security and to the integrity of his person.
No one shall be submitted to torture, nor to inhuman, cruel, degrading or humiliating treatment or brutality (especially from one under who's protection one falls).
Every individual, every agent of the state who by his actions is culpable of such acts, whether of his own initiative, or by instruction, shall be punished in conformity with the law.
The State recognizes and guarantees, within the conditions determined by law, the freedom to come and go, the free choice of residence, freedom of association, to assemble, to have a following and to demonstrate.
The right to work and to rest shall be recognized and shall be equal for all.
Work shall be an obligation for every citizen but no one shall be forced into specific occupation except in the case of accomplishment of an exceptional service of a general (public) interest, equal for all within the conditions determined by law.
Every citizen shall work for the common good.
He shall fulfill all of his civic obligations and notably fulfill his obligations of fiscal contribution.
Article 229: pimping and incitement to debauchery
Everyone who has excited, usually favored or facilitated the debauchery or corruption of the youth of one or the other sex, or, to satisfy the passions of others, entangled or diverted, even with His consent, a girl or a woman for the sake of debauchery, or be forcibly detained a person in a bawdy house, or forced to engage in prostitution, shall be punished from six months to three years' imprisonment And a fine of 20,000 to 1,000,000 francs and optionally one to ten years of residence ban.
Anyone who is convicted of having taken all or part of his means of subsistence from the prostitution of others shall be punished with imprisonment of between one and three years and a fine of between 20,000 and 1,000,000 francs. Moreover, the prohibition of residence from five years to ten years may be imposed.
Article 237: Unlawful arrest and kidnapping of persons - Hostage-taking
Five to twenty years 'imprisonment and optionally one to twenty years' prohibition of stay shall be imposed:
(1) those who, without an order from the public authorities, and except in cases where the law orders the seizure of the accused, in particular cases of crime or flagrante delicto have arrested, detained or sequestered any person;
(2) those who, knowingly, have lent a place to carry out the detention or the sequestration.
The perpetrators will face the death penalty if those arrested, detained or sequestered have been subjected to physical torture.
Article 240: abduction
Anyone who, by fraud, violence or threats, shall remove an individual from the place where he has been placed by those to whose authority he was subjected or entrusted, shall be punished by five to twenty years' imprisonment and optionally by one Year to twenty years of prohibition of stay.
Where the abduction of persons referred to in the preceding article has been committed without fraud, violence or threats, or if it has been committed with a view to marrying a woman without the consent of the latter, The offender will be punished by between one and five years 'imprisonment and, optionally, between five and twenty years' stay.
Where the kidnapping referred to in the preceding article has been committed without fraud, violence or threats, on the person of a child under the age of fifteen years, the punishment shall be five to ten years' imprisonment, and optionally five to twenty Years of interdiction.
Article 242: agreement depriving liberty
Any person who has concluded an agreement for the alienation, free of charge or for consideration, of the liberty of a third person shall be punished by five to ten years' imprisonment. Money, merchandise and other valuables received in execution of the agreement or deposit of an agreement to intervene shall be forfeited.
The same penalty shall be imposed on the introduction into the Republic of Mali of persons intended to be the subject of the aforementioned Convention or on the occasion of the removal or attempted removal of individuals from the Republic for the purpose of the said Convention To contract abroad.
However, the penalty of imprisonment may be extended to twenty years if the person concerned, either inside or outside Mali, is a child under fifteen years of age.
In the cases provided for in this article, the court may also,
The prohibition of the rights provided for in article 8 of the present Code.
The prohibition of residence from one to twenty years may also be imposed.
Article 243: pledging of persons
The pledging of persons, for whatever reason, is prohibited.
It is assimilated to pledging, any agreement, in whatever form,
Concomitant with marriage and committing the fate of the children to be born of this marriage.
Anyone who has placed or received a person as a pledge will be punished by imprisonment of six months to two years and a fine of 20,000 to 100,000 FCFA.
However, the penalty shall be one to five years' imprisonment and from 50,000 to 500,000 FCFA in fine if the person pledged is under fifteen years of age.
It shall be considered as constituting a bondage, and punished as such, the pledging of a person when it will result in the latter having to reside with another person.
Article 244: child trafficking
Child trafficking is the whole process by which a child is moved, inside or outside of a country, under the conditions that transform it into a market value for one at Less the persons involved, and whatever the purpose of the child's displacement:
- any act involving the recruitment, transportation, possession or sale of children;
- any act that causes the child to move inside or outside a country.
Anyone convicted of trafficking in children shall be liable to imprisonment for five to twenty years.
Forceful or compulsory labor is absolutely forbidden. The term "forced or compulsory labor" means any work or service required of an individual under the threat of any penalty and for which the said person has not offered himself fully.
Will be punished with A fine of between 20,000 and 100,000 francs and imprisonment for a term of 15 days to six months, or one of these two sentences only, the offenders under Article 6.
For the purposes of this Act, trafficking in persons means the recruitment, transportation, transfer, accommodation or receipt of persons inside or outside has a country by using the threat has the force or violence, kidnapping, fraud, deception, abuse of authority or of a position of vulnerability, the giving or receiving of payments or benefits to achieve the consent a person with authority over another for the purpose of exploitation which includes at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
Like practices constitute human trafficking, the organized exploitation of others begging and smuggling of migrants.
The organized exploitation of the begging of another person is the act of any person or group of persons who organizes or exploits the begging of a person, causes or distracts a person to begging, A person who is under pressure to beg or continue to begging, shall be accompanied by one or more minor children with a view to obtaining, directly or indirectly, financial, material or other advantage.
A person is guilty of the crime of trafficking in persons and is punishable by the criminal reduction of crinq (05) to ten (10) years and optionally by the prohibition of residence from one (01) to Whoever commits any of the acts provided for in article 1 of the present law.
The consent of the victim has no impact on the constitution of the offense.
The offense is committed when the recruitment, transport, transfer, accommodation or reception within or outside a country involves a minor, notwithstanding any of the means enumerated in Article 1 Above is used.
The penalty of imprisonment from ten (10) to twenty (20) years and, optionally, (5) to twenty (20) years' stay shall be imposed when the offense has been committed in any of the following circumstances:
- if the victim is a minor under fifteen years of age;
- if the victim is a particularly vulnerable person because of his or her age, health status or pregnancy, or a physical or mental impairment;
- if the victim is exposed to hazardous, hazardous or worst forms of child labor;
- if the result has been a disabling or incurable disease such as HIV / AIDS;
- whether the victim has been kidnapped, deprived of food or exposed to public or private recruitment;
- if the act is committed by resorting to torture, torture, To barbarism or to the removal of human organs;
- if the act is committed not using false quality, false titles, falsified or altered documents or false authorization;
- whether the author had an apparent or hidden weapon;
- whether the author has used an apparent or hidden weapon;
- if the author has made a wise use of a weapon;
- whether the perpetrator has used narcotic drugs or any substance likely to alter the will of the victim;
- whether the perpetrator is an ascendant or a person with authority over the victim;
- if the perpetrator committed sexual abuse on the victim;
- if the act committed is part of an organized criminal activity;
- if the number of victims is high.
Life imprisonment shall be imposed where:
- the victim dies
- the result has been a permanent dismemberment or disability for the victim;
- human organs were removed.
It is guilty of the offense of organized exploitation of the begging of others and punishable by imprisonment of two (02) to five 05) years and a fine of five hundred thousand francs (500,000 francs) to two million francs (2,000,000 francs) whoever commits one of the acts provided for in article 3 of this law.
The maximum penalty referred to above shall be imposed when the offense is committed on:
- a minor;
- a person who is particularly vulnerable on account of his age or of his state of health or of physical, psychological or physical infirmity;
- A person subjected to coercion, violence or deceitful maneuvers to engage in begging.
The attempt of the offense referred to above shall be punished as the offense itself.
Marriage is a secular act.
The promise of marriage is not subject to forced consummation..
Any marriage proposal by a woman or girl granted to another with her consent shall be inadmissible.
The applicant who has been evicted in violation of the foregoing provision may, in accordance with the provisions of articles 18 and following, oppose the marriage until the day on which he or she has been reimbursed for his or her expenses and has obtained payment of any damages and interest fixed by the judge, without prejudice to the sanctions provided for in the Penal Code against the new candidate.
Dowry and gifts
When they are required by custom, the dowry and presents for marriage may not in totality exceed twenty thousand francs in value for the young girl and ten thousand francs for the woman.
In case of divorce pronounced against the wife, the husband may demand the restitution of the dowry and gifts.
When the divorce has been pronounced against the husband, the dowry as well as the other gifts shall remain the property of the wife.
In case of divorce at the mutual fault of the spouses, the court shall determine the rate of restitution.
Anyone who has received or attempted to receive, with a view to marriage, gifts and a dowry in an amount greater than that fixed in the first paragraph of this article, shall be sentenced to the penalties laid down in article 185 of the Penal Code.
The requirements for power marriage
Men under the age of eighteen and women under the age of fifteen may not enter into marriage.
Nevertheless, the Minister of Justice may, by a decision not subject to appeal, grant exemptions from the age requirement on serious grounds.
A copy of this decision will be annexed to the marriage certificate.
There is no marriage when there is no consent.
Consent must be formulated orally and in person before the registrar of civil status by each of the future spouses. It is evidenced by the signature or, failing that, by the apposition of fingerprints at the foot of the record.
The consent of the parents or legal representatives may be given under the conditions provided for in paragraph 2 of this article.
In the event of impediment by illness, expulsion or any other cause, consent may be given in writing in a deed drawn up by the mayor or the head of the administrative district of the residence of the person concerned. This deed shall bear the signature or, failing that, the fingerprints of the declarant.