This text is part of the special section on International Cooperation
For the first time, victims of slavery by descent in Mali won their case thanks to the intervention of Lawyers Without Borders Canada. The organization supported the local association TEMEDT in order to assert the right to property of these people before the courts.
Although it was abolished in 1905 under French colonization, slavery by descent continues in practice in Mali, explains Mr.e Pascal Paradis, Director General of Lawyers Without Borders.
Thus, the traditional society of certain Malian communities, such as the Soninkés, the Peuls, the Sonrhaïs and the Malinkés, is divided into castes, with nobles, artisans, griots and slaves or their descendants. People are therefore considered as such on the pretext that their ancestors before them were also. “The “ownership” of these slaves is also transmitted from father to son. You can even still inherit slaves in Mali,” he adds.
But despite the ban on slavery by the colonial administration, “there was never any specific law or regulation until 2016”, underlines the lawyer. That year, a revision of the Penal Code incorporated certain provisions on the repression of slavery and practices assimilated to this condition. “But it remains very imprecise and insufficient. It is still only a project that has not been adopted, “says Me Heaven.
This lack of clear rules has meant that, for decades, slaves have been kept in situations of incapacity and legal incapacity, continues the director general of Avocats sans frontières. But all that has changed recently.
A historic decision
A decision by the Court of Appeal of Kayes, a large city in the west of the country, finally won the case for victims of slavery by descent. Individuals were requisitioning land from them that they had been farming for more than 40 years. The court ruled in favor of the occupants of the land, stipulating that they could not be dispossessed.
“In terms of land ownership, slaves cultivate the land for the benefit of their owner. And even if there are people who have been there for generations, it is considered that the land does not belong to them”, illustrates Me Heaven. In order to free themselves from their condition, these people must then abandon their land to their master, he adds.
“The slaves said ‘we’ve been here long enough for the acquisitive prescription to kick in.’ And the slavers answered “you are slaves, therefore you do not have this right”, summarizes Me Heaven. Acquisitive prescription is possible when someone occupies land for a certain period of time and therefore becomes its de facto owner.
It is on this basis that the TEMEDT association went to court with the support of Avocats sans frontières. “We won in the first instance. And above all, it was confirmed in the Court of Appeal. It is very important, because it is a high-level court in Mali”, underlines Mr.e Heaven.
The NGO has provided financial and technical support to the TEMEDT association in order to carry out cases before the courts through various projects. The initiative was funded by Global Affairs Canada and the European Union.
In addition to giving in favor of the occupants of the land, the court also mentioned in its judgment the illegality of the practice of slavery by descent. “This is the first time that it has been formally recognized. And it’s an extremely important decision,” said Ms.e Heaven.
The TEMEDT association, with the support of Avocats sans frontières, also met the Malian Minister of Justice on several occasions. In a letter dated November 2021, the latter then asked the attorneys general of the various districts of the country to set up concrete measures to better punish offenses related to slavery by descent.
Serve as an example
The court’s decision paved the way for claims by people who were victims of slavery by descent, believes Me Heaven. “Now, someone who wants to assert their rights, instead of finding themselves in a kind of legal vacuum, […] it should make all appeals much easier now,” he hopes.
Me Paradis also hopes that this decision in Mali will inspire lawyers in neighboring states, where slavery by descent is also still applied. “Every legal context is different. It has no jurisprudential authority in other countries, but, yes, it will have an important influence, he believes. That’s why we are called Lawyers Without Borders. The idea is to share practices and lessons learned across borders. And we’re going to do it in this file. »
This special content was produced by the Special Publications team of the Duty, pertaining to marketing. The drafting of Duty did not take part.