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.
Article 1: The first marriage is a secular act. The promise of marriage is likely to no consumption
Article 2: Is inadmissible any marriage proposal from a woman or a girl given to another with his consent. The rejected suitor in violation of the above provision may, in accordance with
Articles 18 and following, to object to the marriage, until the day where he has been reimbursed for his expenses and received payment of any damages set by the judge, without prejudice sanctions under the Penal Code against of dowry and gifts
Article 3: When required by custom, the dowry and the present
for marriage shall in their totality than in worth twenty thousand francs in respect of the girl and ten thousand francs in respect of women. In the event of divorce to harm the woman's husband may require the return of the dowry and gifts. When the divorce has been issued against the husband, the dowry as well as other gifts remain with the wife. In case of divorce to blame each other of the spouses, the court determine the rate of refunds. Anyone who has seen or tried to collect a wedding gifts and dowry in excess that set in the first paragraph of this Article shall be sentenced to punishments laid down by Article 185 of the Code Criminal. The requirements for power marriage
Article 4: The for men before the age of eighteen, fifteen women before years of age cannot marry. However, the Minister of Justice may grant, by decision not subject to appeal, exemption from the age for serious reasons. A copy of this Decision shall be annexed to the act of celebration marriage.
Article 5: Any officer of the civil union will make people not the age, except in the case of exemptions granted under the conditions indicated above, will be fined not exceeding 120,000 francs and a prison sentence of six months to a year.
Article 6: Any minister of religion who will conduct the ceremonies a religious marriage without it being a justified act noting the celebration of civil marriage issued by the officer of civil status, shall be punished by a fine of 5,000 to 30,000 francs. In case of recidivism, he will incur a prison sentence which cannot be less than two months. Cases of prohibition and interdiction wedding
Article 7: A woman cannot contract a second marriage before the dissolution of the former. The same provisions apply to the man who opted for a monogamous marriage. However, human opting for monogamous marriage have the right to revise its contract with the express consent of the wife. Any woman who is engaged in the bonds of marriage, has contracted with another before the dissolution of previous shall be punished with imprisonment from six months to three years and a fine of 12,000 to 1,200,000 francs. It will be of man who opted for marriage monogamous and one that has four legitimate wives, has contracted a fifth union. The public officer who has knowingly lent his ministry in these marriages will be same penalties.
Article 8: The man who has four legitimate wives can not contract a new marriage.
Article 10: (Law no63-19, January 25, 1963) There is no marriage where there is no consent. Consent must be made orally and in person before the registrar of vital statistics for each of the future husband. This is evidenced by signature or otherwise by affixing the fingerprints at the foot of the act. However, in case of removal, if one of the spouses residing outside the place where the marriage to be celebrated cannot appear personally before the officer of the civil, and prevented the party may consent by an act drawn up by the registrar of his residence. This act is passed by the relevant authority to the registrar responsible for carrying out the celebration of marriage. Marriage must be celebrated in this mandatory cases before a duly authorized representative of the husband
prevented. This representative must sign or otherwise to affix their fingerprints at the foot of the act of marriage. The consent of parents or legal guardians can be given as provided in paragraph 2 of this article. If unable to attend due to illness, separation or any other cause, the consent may be given by written in a document drawn up by the mayor or the head of the district administration of the residence of the person concerned. This act will be signed by or in the absence of fingerprints of the declarant.
Article 11: The son who has not attained the age of 21 years and daughter who has not attained the age of 18 years cannot marry without the consent of their father and mother. If the parent is deceased or if one of them is unable to express his will, he must consent of this parent and legal representative of another. If the intended spouses are deceased mother and father must
the consent of their guardian. The refusal of the latter may be brought before the chief administrative district acting without recourse.
Article 12: Where there is disagreement between parents divorced separated, the administrative authority shall act with
account the interests of the child.
Article 13: An illegitimate child who, according to sex, has not attained the age 18 or 21 years, cannot marry without the consent of his father and mother who recognized and one or the other if it has been recognized by all two.
Article 14: An illegitimate child who has not been recognized and one that, after have been, lost his father and mother or whose father and mother can express their will and have not guardian, cannot by gender or by age 18 of age, before 21 years of age, marriage without special permission from the chief administrative district to home. The shipment of this license shall be attached to the act of marriage.
Article 15: Every officer of civil status who will make the celebration of marriages contracted by the son of age 21 or girls under eighteen is satisfied without the consent must be stated in the marriage, will, at the behest of interested parties or the Department public place where the marriage has been celebrated, condemned to a fine of 25,000 to 120,000 francs and a prison of at least six months and one year or a of these two penalties.
Article 16: The marriage will be celebrated publicly before the registrar of Vital nearest the home of one of the parties.
Article 17: Fifteen days before the celebration, the publication will be made the home of the future spouses and instead of celebrating the marriage. This publication will be made either by displays affixed to the door of the common house or office capital of the administrative unit or by any other appropriate means of publicity. The names, residences, occupations, ages bride and groom and date of solemnization of marriage will statements.
Article 18: Anyone who has legal authority may, within that period, oppose the celebration of the intended marriage without the consent required in the previous chapter. The opposition is addressed to the officer of civil status must celebrate the marriage, which shall forward it to the head of the district that statue, the Village Council heard. Decision is made subject to appeal.
Article 19: Every notice of opposition shall state the quality that gives the opponent the right to make. It will contain an address for service in the place where the marriage should be celebrated, it must also contain the reasons of the opposition.
Article 20: The spouse or the spouse against whom there was opposition present their means to the head of the district administrative. The opposition must be heard and decided within fifteen days of its receipt by the head of the district.
Article 21: If he had no objection or if the opposition was rejected, the officer of civil status makes the marriage. The celebration takes place in the presence of two witnesses major.
Article 22: Each of the spouses shall, if not already, replace the officer of civil status is an excerpt from his birth or judicial ruling or other deed.
Article 23: The officer of civil status gives the bride and groom read Articles 7, 8, 32, 34 and 35 of this Act. He asked if there was a marriage contract. Mention of response will be made on the marriage certificate, indicating the date and place of the contract and the officer who receives. It ensures that the intending spouses on pain sanctions provided for in section 104 of the Penal Code. Then all these formalities, it declares them by marriage.
Article 24: The marriage certificate shall state: 1. first names, names, ages and professions, homes or residences of the spouses; 2. the full name, occupation and residence of fathers and mothers of the spouses; 3. the consent of the fathers and mothers or representatives legal in cases where such consent is required; 4. first names, names of witnesses and the indication that they are major; 5. the declaration of contractors to take to spouses and the delivery of their union by the officer marital status; 6. the declaration of the marriage contract; 7. possibly the first names, names of previous spouses; 8. the full or partial payment or non-payment of the dot and the time allowed for this purpose; 9. possibly a commitment to monogamy provided section 43 below (no63-19 Law of 25 January 1963) or deed by which one party prevented gave consent.