Truth or Reconciliation Mechanism: National Pact

NATIONAL PACT

12. In accordance with the decision reached between the two parties at the Mopti Conference in December 1991, confirmed in their Algiers meeting of January 1992 and repeated at their meeting in March, the Independent Commission of Enquiry will be set up in Mopti within 15 days after signature of the Pact.

13. In case the two parties should not have been able to agree within the period specified in the previous paragraph, on the full composition of the Independent Commission of Enquiry, the Commission for Supervision of the Pact -whose creation is included in the present document -meeting under the Chairmanship of the Mediator at the end of the first month after the signing of this Pact, will consider the question and will search out ways and means to overcome this difficulty so that the Independent Commission of Enquiry may be able to function within the terms agreed between the two parties and recorded in the paragraph below.

14. The Independent Commission of Enquiry will work according to the arrangements decided by the two parties which are as follows:

MANDATE OF THE COMMISSION:

The Independent Commission of Enquiry will enquire into all the events which have taken place in Mali with relation to the problems of the North, specifically: crimes committed against the civil populations in their physical and moral persons as well as their properties, violations of the environment and destruction of livestock, theft, pillage and every act of vandalism and damage. The Commission will work to define the responsibility for such acts, their consequences, to evaluate the damages and compensations due to victims.

ORGANISATION. OF THE COMMISSION:

A -The Commission shall be composed as follows:

-five (5) representatives of the Government of the Republic of Mali,
-five (5) representatives of the Unified Movements and Fronts of Azawad,
-a maximum of seven (7) and a minimum of five (5) independent experts, chosen by common accord by the two parties from the following countries, there being just one expert by nationality: Algeria, Burkina-Faso, France, Libya, Mauritania, Niger, Senegal;

B -the two parties will determine the names of the members of this Commission during their next meeting;

C -the Commission will be Chaired by an independent expert elected by his peers;

D -the Commission will begin its work within three weeks after its installation;

E -the functioning' costs of the Commission will be covered by the Government of the Republic of Mali: the latter 'will also do everything to facilitate the Commission's tasks through its full administrative and material cooperation.

The two parties commit themselves to ensure that the necessary conditions of security are achieved to allow the Commission to function.

FUNCTIONING OF THE COMMISSION

A -the Commission will carry out its mandate independently and impartially;

B -the members of the Commission will be granted immunity. This immunity shall be extended to any person the Commission decides to hear, within the framework of their testimony;

C -the Commission will take decisions by simple majority, the President's vote serving to determine the majority in case of stalemate;

D -the Commission will establish its own rules and will organise its own work;

E -the Commission's conclusions shall be made known within three months after it begins work. If need be, this deadline may be extended by common accord between the two parties, and at the request of the Commission;

F -the deliberations and the report of the Commission shall be confidential;

G -the report of the Commission shall be addressed to the President of the Republic of Mali, and copies shall be sent to the Unified Movements and Fronts of Azawad, and to the Mediator.

IMPLEMENTATION OF THE CONCLUSIONS OF THE COMMISSION

A -the two parties commit themselves to respect the decisions and recommendations of the Commission;

B -the Malian State commits itself to refer to the appropriate judicial and other authorities for execution, the decisions and recommendations of the Commission, within 45 days of the report being submitted to the President of the Republic of Mali.

Implementation History

1992

No Implementation

Detailed information regarding the establishment of a commission of inquiry to investigate the deaths on both sides to the conflict remains unavailable. Allegedly, the commission of inquiry was established, but by the end of 1992 the commission had not done any work because consensus was lacking among foreign members. Even if the commission was not functional, the government was said to have been taking action. Yet none of the soldiers involved in the killings in the north were arrested.1

1993

No Implementation

Not implemented.

1994

No Implementation

Not implemented.

1995

No Implementation

Not implemented.

1996

No Implementation

Not implemented.

1997

No Implementation

Not implemented.

1998

No Implementation

Not implemented.

1999

No Implementation

Not implemented.

2000

No Implementation

Not implemented.

2001

No Implementation

Not implemented.