PERSONS AND FAMILY CODE IN MALI: AN INNOVATIVE DOCUMENT THAT IS SUBJECT OF A LOT OF CONTROVERSIES AMONG TRADITION, RELIGION AND MODERNITY.

With regard to the present debate about the new code of the family in Mali voted by the deputies /members of Parliament on August 03^rd, 2009, nobody must be mistaken about its hypersensitive character. The difficulties met from the dissent of this code arisen within the Muslim community in Mali are to a great extent related to the misunderstanding of the concept of secularism.

The laique state of the second millennium neither needs, nor has a vocation for coming into conflict with religion: a recognition and a mutual respect are sufficient. For some observers, analyzing this new document, sometimes, it emerges the existence of a denial of some religious obligations hanging over Moslems, where a right of choice had to be given in order to let everybody recognize him/herself in the code. For others, this code is a progress made by the Malian democratic State. After 50 years of independence, the country is endowed with a document which takes into account people’s various aspirations.

The 1143 articles-document has the quality of projecting the Malian society in modernity without losing sight of our true values of culture and civilization.

In this respect, the new code is a compromise work. It’s the same case in all its provisions managing marriage, successions and kinship through which the citizen profits from the liberty of choice. It’s possible for him/her to make up his/her mind according to the principles of his/her culture, convictions and religion in the respect of law.

The document offers a new legislation as regards succession and donations. But this new legislation will not apply to those who, during their lifetime, will have to order, through a testament, or any other written paper or before some witnesses, that the succession be devolving according to religious or customary rules.

Since the local and national consultations, we must notice that it emerged basic differences as far as the interpretation of the document is concerned. These concerns of the religious community of Mali were essentially based on four (4) points, i.e., the withdrawal of the sanction of the religious chief for the religious celebration of marriage before that marriage before the Mayor/register, the title of heir for natural children and the establishment of his/her filiations, the question of filiations - adoption and the must for the woman to contribute in the household expenses in case she practices an activity. These concerns of the Muslim community and other strata of the Malian society have largely been taken into account in the new code.

With the adoption of this Person’s and Family code, the Muslim community in Mali, through Islamic and religious organizations (Islamic High Council and other Muslim organizations) is opposed to its promulgation. After a march and a meeting in the March 26^th Stadium of Bamako, tension has gone up with gossips increasing demonstrations and threats against social peace in Mali.

It’s in this context of tensions that the Chief of the State spoke to the nation on August 26^th, 2009 in order to calm down the situation and send back the document to the National Assembly for a re-reading of about ten (10) articles that are disputed and contested by Islamic organizations and associations.

It’s noticeable that the repeated failures as far as the re-reading of the Code is concerned, show that the changes of the society are not decreed, because they are delicate and difficult. These changes are often accompanied by disinformation, a deficit of communication, but also by objective remarks to be necessarily taken into account. The recent events in Bamako and inside the country must call out to us and specially remind us that the debate is open.

The President of the Republic has pointed out in his speech to the Nation : “We must keep in mind that this Person’s and Family Code is particular because it manages three (3) key domains : faith, tradition, and intimate life. And we must also remember that any regulation related to these domains, directly deals with the very start of the family and society. It’s particularly delicate since it wants to be in keeping with the double objective to favor reinforcement of modernization all by preserving the starts of our society. This is the reason why since 1986, our different successive governments have difficulty finding a solution reached by consensus, in which all Malians, men and women, will recognize themselves.”

In fact, it’s clear that the State must assume the responsibility of voting this code by the whole structures of the society. It’s the State and the social fabric that are responsible in this affair which has degenerated into movements of popular dissent.

Would we for all that refuse democratic progress dealing with the protection of children’s and women’s rights, and international conventions signed and ratified by Mali ? As it’s said : “Dura Lex Sed Lex” : Law is hard but it’s law.

Niger Central Delta sociology in Mali: Historical look on the cohabitation among communities. Boubacar Ba, Jurist, Bamako (Mali)

On looking at people’s developed speech, there are three forms of former captives presently called Rimaybé : those who have been captured on the battle front ; those who have been sold by their masters and those who belonged to the Dina. However, there exists a slight difference between what is called Matchoubé or Maraabè on one hand and Rimaybé on the other. The Matchoubé have a master and Rimaybé don’t. This question about the role of the groups considered as descendants of captives is crucial in the Delta society. Because the Delta society is multiethnic, this has revealed a real crisis of society since Independence. Many difficulties were recorded during the first hours of the birth of the Republic of Mali. These difficulties have been recorded in the city of Mopti and many people remember the opposition among some Fulanis and Rimaybé during the revolution in Mopti, towards the end of the 1960s. The Rimaybé, shocked to hear everyday words reminding them that they are Maraabé, former captives, have brought the problem before the political and administrative authorities of Mopti in 1964. On looking at the extent of events, Rimaybé were asked to calm down and Fulanis forbidden to treat them as subhuman. A political leader at the time notified to the two groups : “The independent Mali solemnly declared being attached to the values of liberty, dignity and human being’s defense. There is no longer slavery, no longer inhuman treatment of man in Mali.” Then, human promotion follows owing to the fact that the individual redefines him/herself in the bosom of his/her group by getting rid of the prejudices which, as far as there, impeded his/her blossoming as a free individual able to enjoy all his/her human rights. Freed from this heaviness, he/she can in his/her turn free the society by educating and sensitizing his/her fellow citizens. This is how many learners have more and more an aversion for injustice and are able to intervene facing abuses by setting in motion legal and administrative mechanisms. Everything is useful to this new citizen, in a new context of democratization and decentralization. I think that it’s to this redefinition of the citizen’s place in the new society, passionate about human rights and fundamental liberties, that we will succeed in putting down the countless conflicts that do not stop breaking out in the Delta.

Education in the Niger Central Delta in Mali: the new vision of the NGO Eveil.

The NGO Eveil is a development operator in the service of the Malian society. It has been working in the Mopti region since 1998. Its main center of interest is the training in citizenship and democratic governance.
Mali stands at the crossroads. After the important sociopolitical changes that marked the 90 decade, now time has come for people to join another vision of development, to claim the improvement of their living conditions. The fight which leads to the change of a society is first ideological. To start an ideological substratum, is to make the communities understand that from their real-life experience, their ideas, their vision, they can change the world. One of Karl Marx’s visions is the practice of what has been interpreted. For me this vision seems to be accurate. Ten years after putting in place a program of civic education and governance in the Delta, we are still struck by the impedimenta that mark the region. The Delta is considered as a conservative country. But the Delta has a specific interpretation of the political, national and local, institutional and social power.
Conscience training breaks mass literacy. Mass literacy is not a synonym of development because whenever literacy is taken as object of a program, it takes end as soon as the program finishes. It’s the same thing for the projects of pastoralism, agriculture, natural resources management, that have been put in place in our country and in the Delta. This form of training was not sufficiently rooted in the daily real-life experience and was not appropriate. The vision of the NGO Eveil means that literacy should go from man and lead to man who is in the center of the training. The project does not develop, it accompanies. We are not on the same wavelength with the method of reading and writing which is limited to a theoretical vision of literacy for the benefit of a method and contents that rely on democratic, legal and institutional substratum. When we teach a citizen how to read, at the same we teach him/her how to know his/her commune, the city, the communal functioning, local power management, the flag, the functions of the President of the Republic, the powers separation, the institutions of the Republic.

ARE THE STRATEGY AND APPROACH OF THE WAYS OF CONFLICTS MANAGEMENT BY THE STATE AND TRADITIONAL LEADERS ADAPTED TO LOCAL COMMUNITIES CONCERNS IN THE MACINA OF THE MOPTI REGION? Boubacar Ba

Conflicts question various aspects linked to the management of pastoral resources in the Delta of the River Niger and the future of social relationships among the communities in this area. The communities consist of farming, pastoral, fishing and fish-breeding populations. There exists a linkage of production systems among the different actors. But, we have to clearly notice that, beyond an old rivalry among the communities, the conflicts are engendered by the well-known lack of administration authority, corruption of justice and community leaders and impunity facing some behaviors of the citizens.
During the Dina (Fulani Kingdom in XIXth century), the most illustrative example was that of Guelajo Hambodejo, a Fulani warrior of Kounary (socio-ecological entity of the Niger Central Delta) who did not have good relationships with the chief of the Dina, Sekou Ahmadou. Guelajo Hambodejo who had convinced Sekou Ahmadou to settle in Hamdallaye, the capital city of the Dina, became later, according to circumstances, the first public enemy of the power in office. He conspired against the Great Imam, relying on accomplices’ help that he didn’t get. So, he was arrested, judged by the Great Assembly and was condemned to be bitten of 80 (eighty) strokes of crop before the audience.
Some influential people like Boureima Kalilou, a Diawando (social ethnic group in Macina), big negotiator of his state, could influence decisions. In fact, he advised not to humiliate Guelajo Hambodejo and recommended to take him prisoner, for fear of giving rise to revolts, because the warrior in disfavor, rebellious to the principles that governed the City, was famous. This example of negotiation is cited in the Macina.
Thus, many conflicts were presented in the form of a series of questionings that actors of the Dina clarified meticulously, with respect and responsibility. The assistance of legal experts and scholars of the Great Assembly permits to control resources management with a pastoral code taking into account the concerns of all of the users of the Delta space in disputes resolution.
Today, with the modern and democratic State, there are many questionings about administrative, institutional and judicial institutions ability of managing and resolving organizational, institutional and social conflicts. The question is to know the degree of reliability of the mediation mechanism of judges and traditional leaders with the responsibility of negotiations prerogatives.
The competition for the access to agro-pastoral space that appears to be implicit in the conflict, brings out pre-existing tensions to the conflict itself. The first divide is the non understanding of a large part of protagonist actors of the institutional aspect of conflicts management (Laws, Texts, Decisions, Decrees) and the method of disputes resolution. The second divide is linked to the lack of authority of the structures of traditional management of conflicts and the absence of local institutions authority. The third divide is the land tenure competition causing differences of interest among actors, i.e. finally the existence of real constraints of production linked to the weak consultation of local decision-makers.
With these stakes, is the Macina going to become like a space in which conflicts arise, grow but never die. The challenge is launched at all development actors: State, decentralized territorial Communities, civil society, private sector… The solution remains open.

OPINION OF RELIGIOUS CHIEFS IN CHARGE OF KORANIC TEACHING AND LOCAL POPULATIONS ABOUT CHILDREN’S EDUCATION IN PUBLIC SCHOOL OR “THE WHITE’S SCHOOL” IN

Till recently, the Delta people have remained rebellious to school in the Macina located in the Mopti region in Mali. Rightly or wrongly, this school promoted by the State is considered as a “White’s school” in which the children who are sent are considered as unbelievers who will go “to Hell tomorrow” in the next world. Is it a myth for a Macina child to go to the public school or “the White’s school”? The subject remains a concern for traditional leaders, coranic school teachers and local populations.
The main reason comes from colonization. Modern school has been introduced by the colonizer. This is to say, first, that it’s a tool of the winner on the defeated group. After, the language that is taught is written from left to right. As for Arabic, it’s written from right to left. Culturally, what is done by the left hand or comes from the left is negatively seen and symbolizes evil. For example, one does not eat with the left hand ; nobody is introduced with the left hand. In other respects, the winners are considered as unbelievers. And, sending one’s child to their school means sending one’s child to Hell !
As for literacy in Fulfulde, (the most spoken language in the Macina and in most of the Delta agglomerations), people were on their guard at the beginning, arguing that the Imam is not the one who teaches it. They think that behind all this there is the colonizer, because here, too, writing is from left to right. On the whole, we are facing a mentality based on the traces of the Dina that is confronted with a deep identity crisis. We are not able to make a difference between our authentic culture and modernity that implies the practice of new occupations leading to new behaviors. These new behaviors coming from the impact of cultures with modern school cannot make us forget who we are and where we come from.
Those who refuse to send their children to school, doing their utmost to perpetuate the practices of the Dina (koranic teaching they practice in a new context of Independences, Democracy and Decentralization) are reduced to beg from department to department, to send their koranic learners to beg from family to family, from street to street, falling in delinquency, violence. To be a marabout, presently, is not enough for feeding oneself. This koranic teaching does not lead to a job in a society where old markers are getting lost.
We are getting more and more involved in individualism, a withdrawn attitude with overall economic situation, climate risks, the reduction of our immense potentialities in growing land, water, livestock ; which leads to the erosion of values like mutual aid, altruism, solidarity that characterized our societies built on the base of goods collectivization and individual’s socialization. Is the new democracy started in 1991 in Mali going to reinforce this individualism in the image of “the Whites’ school” or promote the taking in account of cultural and religious values of social education?

LOCAL ACTORS’ PERCEPTION ON THE RIGHT AND ACCESS TO NATURAL RESOURCES IN THE NIGER CENTRAL DELTA IN MALI.

When exchanging with social actors of the Niger Central Delta, notably men, women and young people, I could realize the immensity of the needs of the communities and their perceptions of the relationships with space and their social environment. Here are some elucidations about exchanges organized during talks and debates.
Men are much hopeful as far as external help and support to development are concerned. This means NGOs and the State’s support throughout development actions. Among the activities already realized, we can make a note of, among others, the existence of literacy centers, cereal banks, small village irrigated perimeters. The access to cereal banks is not given to everybody because of cereals high price. Food help particularly, seems to be a priority strategy, but is not yet seriously taken into account by the State during difficult periods and during which cereals are rare and expensive in the market. Women want to enhance the training in agriculture and start activities of small trade.
The usual strategies of responses to pastoralists’ crises in the area seem to give out bit by bit : youth rural exodus, groups splitting up, climatic risks, weak yield of pastoralism and agriculture. Men’s and sometimes women’s migration still goes, and sometimes very far. But settling seems to slow down the traditional and exceptional mobility of women in these groups, their non pastoral and non agricultural responses to the needs.
Polygamy that is developing, although denied and mocked in women’s speech, is a reality ; it might also be an attempt of response to extreme poverty, to the abandonment of transhumant pastoral system ; it appears more compatible with the settling, the new fields to grow.
The use of population growth is a strategy of protection against the forgetting of policies. I heard the same speech in the neighbouring villages and saw the same strategies of the development of polygamy : minority groups feel neglected because they are not numerous enough, their voices “do not weigh” in elections, so, they are forgotten….
The norms of access to and of the management of the resource land are not yet defined : if the rights of property and of shepherd transmission were clearly established in the bosom of the pastoralists’ family, by specifying those of women and children, nothing has not yet been transposed or adapted as regards land tenure rights.
Women’s and men’s solid competences in pastoralism could not clearly change in agricultural competences : agriculture has not yet been integrated as a true response to crises, particularly since the quality of lands, in one hand, and the very uncertain rains of an area which is more pastoral, in the other hand, do not go this way. It seems that a competition between agriculture and pastoralism has taken hold, a competition in which pastoralism keeps preferences, remains the reference model …. but it seems more and more unrealistic.
The process of transition of the system of production has hardly started. Hesitations, confusions and contradictions that have been observed are signs of people who have lost their social references and norms. This is due to social, political and institutional mutations with the new State that has been susbstituted for the old organizations for several years. It’s very fearful that women are those who will strongly pay, with, besides poverty which strikes the whole group, the loss of their social status, and beyond, of their liberty.

PERSPECTIVE OF PARALEGALS’ INTERVENTION IN THE CONTEXT OF LEGAL EMPOWERMENT IN MALI : OPPORTUNITIES, CHALLENGES AND STAKES.

Nowadays, it is important to know that the intervention of paralegals or facilitators of right at the level of local authorities (village chiefs, traditional and/or customary authorities) is getting necessary for an alternative resolution of local conflicts.

This experience aims at bringing nearer citizens and justice in a general way. It’s to get citizens be in keeping with and informed about the access to justice, the ways and procedures of right, the starting of intermediation and reconciliation mechanisms founded on sustainable values of confirmation and arbitration and finally about the deep knowledge of proximity authorities. This new work with the actors of the civil society is taking more and more a predominant place in the environment of legal empowerment in Mali. In this way, this process, become an absolute must, constitutes an opportunity for civic education operators to grasp all the possible alternatives in order to reinforce Paralegals credibility on the field. The question is notably to develop a method and strategy of intervention at various levels such as :
- Integrating Paralegals training curriculum validated by the civil society organizations and the different ministers (Justice, Territorial Administration, Woman’s, Child’s and Family’s Promotion Minister) in 2006 in favour of Paralegals capacity reinforcement in the justice sector. It is noticeable that the curriculum consists of nine (9) themes taking into account the priority axes of Paralegals intervention in Mali (democracy, Justice, women’s and children’s rights, conflicts resolution,).
- Taking into account the charter of justice values adopted in 2007, that defines a new dynamics of justice distribution. In considering the commitment and the will to change the new behaviour of justice family members. This charter is based on five (05) articles with principles founded on democracy and State of right.
- Taking into account the Pact for legal empowerment adopted in 2008, including 06 fundamental principles and 24 ideas of actions with a strong and listed impact during workshops and synthesized for the needs of the revival pact.
It is noticeable that this process of legal empowerment in Mali constitutes a beginning of change of the justice perspectives towards others and that of the others towards justice. The basic question is to know whether this evolution is an opportunity for Paralegals being created in Mali. The answer is yes. However, Paralegals challenge as well as alternative to a right of practice is real but difficult. It’s a long task quest strewn of traps, constraints and challenges,
It’s an opportunity that Paralegals must seize; they are new actors in the process of bringing nearer justice and people subjects to be tried. This must be concretely translated by a better mastery by Paralegals of the main texts through technical methods in local languages. With the intervention of the NGO Eveil in the Mopti region (Mali), many Paralegals passed through a stage by occupying these last years practical functions in the distribution of voting cards, assessors of polling stations during election processes and as village councillors with the renewal of village councils mandates in 2008. They plan to go further by trying to become assistants near courts within the implementation of the new legal card mapping in Mali. This legal card mapping being identified will permit to create courts of first instance and new jurisdictions in the country.

This is why Paralegals can make theirs this assertion : “Speaking is nothing else than speaking but power lies in action” And may the process of legal empowerment come into practice.