Cattle herders from the Peuhl ethnic group just south of Douentza, Mali, June 2016. Bandits frequently robbed animal herders and traders in central and northern Mali throughout 2016.
A number of people said they had been robbed more than once. One trader had been robbed four times in as many months. “It can’t get any worse,” said another trader. “We can hardly move out of Gao without getting hit by bandits lying in wait,” said a third. The traders said the slow implementation of the peace accord – notably provisions for disarmament, the cantonment of armed groups, and joint patrols comprising Malian soldiers, pro-government militia and former rebels – had greatly contributed to the rise in criminality.
Insecurity also significantly affected basic health care, education, and humanitarian aid. At least 35 attacks on aid agencies took place in 2016, the vast majority by bandits in the north. At least six vehicles carrying health workers and the sick were robbed, with patients forced out of the vehicles in several cases. Several civilians were killed by landmines and improvised explosive devices planted by armed groups on major roads.
The Malian army and other government security forces conducted counterterrorism operations that on several occasions resulted in arbitrary arrests, executions, and torture and other ill-treatment. During 2016, Human Rights Watch documented the killing of 10 detainees, all in central Mali, and the torture or severe mistreatment of 20 others. Malian authorities made little effort to investigate and hold accountable those implicated in these violations.
International humanitarian law, or the laws of war, applies to all sides in the armed conflict in Mali. Applicable law includes Common Article 3 to the 1949 Geneva Conventions, Protocol II to the Geneva Conventions, and customary laws of war. Common Article 3 and Protocol II specifically prohibit the killing of captured combatants and civilians in custody.
Individuals who deliberately commit serious violations of the laws of war may be prosecuted for war crimes. Mali is a party to the Rome Statute of the International Criminal Court.
“The authorities need to do much more to fulfill their responsibility to protect civilians in north and central Mali,” Dufka said. “After so many years of insecurity, civilians deserve to see more security dividends from the peace process.” Mali’s Conflict Since 2013
Military operations by French and Malian forces since 2013, along with a 2015 peace accord, sought to eliminate the presence of Islamist armed groups, disarm thousands of fighters, and re-establish Malian state control over the north. However, clashes among various armed groups both before and after the 2015 accord have generated insecurity in the north and increasingly in central Mali.
Large swaths of territory in the north have been left largely devoid of Malian government presence, allowing armed groups, pro-government militias, and bandits to commit abuses with impunity. Since early 2015, Islamist armed group activity and abuses have spread down to central Mali, engulfing additional civilians in the conflict.
According to one security analyst, “During 2016 there were more bandits, more terrorists, and attacks from both are getting more and more complex and violent.” Though armed groups infrequently targeted civilians, the worsening insecurity undermined efforts by the Malian government and its international partners to strengthen the rule of law and deliver basic health care, education, and humanitarian assistance.
Meanwhile, persistent intercommunal conflicts in central and northern Mali left dozens dead and were exploited by armed groups to garner support and recruits. Executions by Islamist Armed Groups
Human Rights Watch documented the summary executions of 27 men by Islamist armed groups during 2016. Those believed to be responsible included AQIM, Ansar Dine, the Macina Liberation Front (also known as Ansar Dine Katiba Macina, Katiba du Macina d'Ansar Dine), and the Movement for Unity and Jihad in West Africa (MUJAO).
The chief had his toddler in his arms… the armed man ordered him to hand his child to a family member. He begged, saying, “In the name of God, don’t kill me.” But they shot him, three times, inside his house.
Witness to execution of Diaba village chief by Islamist armed group
He had been threatened a few times by the men… but refused to leave, saying, “I didn’t do anything wrong… why should I leave my village?” That night, he was in his house watching TV, about 10 p.m., when three men came to the door. Only one entered, saying he was a shepherd looking for his missing animals. The chief said he didn’t have anyone’s animals. But then the man stated his true intention: “It is you we are looking for.”
The chief had his toddler in his arms… the armed man ordered him to hand his child to a family member. He begged, saying, “In the name of God, don’t kill me.” But they shot him, three times, inside his house… We suspect it had to do with a visit he had received from the Malian army – it is normal to receive them; he is the chief. This was like a sign for the rest of the village not to collaborate.
I had just gone to bed when I heard two screams, then at least three shots. The wife begged and offered the killers money and livestock, but they told her, “We have been sent to kill him… we will complete our mission.” Issa was a hunter – he used to see the jihadists a lot in the bush. They had recently preached in our mosque and warned us never to tell the FAMA [Malian armed forces] where they were.
Two witnesses described the July 11 killing of Amadou Kola Dia, 50, as he worked in his field. Dia was a teacher and the deputy mayor of Ouro Modi village, 60 kilometers from Mopti. They said Dia had fled his village in 2015 after receiving threats from Islamist armed groups, but had returned in July to celebrate the end of Ramadan with his family. “These people have infiltrated and paralyzed our zone,” a witness said. “They have informants in every village. That’s how they knew Amadou had come back.”
Two witnesses described the March 21 killing, by armed Islamists from Niger, of 49-year-old Amadou Mamoudou Dicko in a hamlet near the village of Yogodoji, 40 kilometers from the border with Burkina Faso. Dicko had reportedly organized a village self-defense force. One witness said:
I saw eight of them on four motos [motorbikes], firing from the moment they entered. There were 20 people seated, talking. They ordered all to lie down and one of them said, “That is him…the one we are after.” Dicko ran, but they trapped and shot him there. I counted 153 spent bullet casings.
We used to spend days celebrating a marriage or baptism – dancing and singing together – but now, we can only do so where the Malian Army is present. During the marriages I attended, men and women weren’t allowed to mix. ...The bride was brought to the groom’s house and that was that. ...Before, we had fun, it was joyful – but now, you’d not know a marriage had taken place.
Another villager said, “They’re even forcing us to pray in a different way... in some villages, we have to cross our hands in front of our chest when praying... we never did that before.”
A trader from a village near Dogofiri said, “Jihadists fired in the air and ordered the bar man to turn the music down and for people not to go there. He said they don’t allow music and alcohol in this village.”
A 30-year-old Quranic student, who made his living by selling handwritten verses of the Quran that are placed in amulets, said that Islamist armed groups forbade the practice. “The jihadists came every week during our market,” he said. “One day they found the verses I was writing in my notebook. I sell them to our women, who sew them into small leather pouches, which we wear for protection. I begged, but they burned my notebook, saying this kind of traditional practice was haram.” Attacks on Peacekeepers
Islamist armed groups frequently attacked MINUSMA peacekeepers, killing 29 and wounding some 90 during 2016. In total, more than 70 peacekeepers have been killed since MINUSMA was created in 2013.
A security analyst said that while MINUSMA was attacked about the same number of times in 2016 as in 2015, the 2016 attacks were “better organized on the ground” and that the groups “were more likely to claim responsibility for them.”
Most of the attacks either targeted logistic convoys bringing food, water, and other supplies to UN bases or the bases themselves, including those in Kidal, Gao, and Timbuktu. AQIM, Ansar Dine, and Al Mourabitoun took responsibility for many of these attacks. Those included the February 12 suicide bomber and rocket attack on the MINUSMA base in Kidal, which killed seven peacekeepers from Guinea, and the May 18 ambush 15 kilometers north of Aguelhok, Kidal region, which killed five Chadian peacekeepers.
The [soldiers] told Mamoudou to get in their vehicle and took him away. We heard shots. Worried, his brother went in search of him. When, over an hour later, neither returned, we set out after them. ...We found the brothers a kilometer away in a freshly dug, shallow grave.
Around midnight, the soldiers tied our arms, put cord in our mouths, bound our eyes, then drove 10 minutes. The beating started... it was severe... with wood and rocks. I was kicked many times and burned on my feet. “Where are the jihadists?” they asked. When we returned to the cell hours later, Hamadoun Diallo was missing. I heard soldiers saying in Bambara, “He is dead.”
At about 4 a.m., Aye Nissa died in the cell. “I am dying...” he kept saying, until he stopped talking. We hit the door, saying they should take him to the doctor. About 6 a.m., the FAMA [soldiers] ordered us to get up. …“He [Nissa] cannot,” we told them. Then they took his body.
About 9 a.m. they took the remaining five of us to the Niono gendarmerie. Seeing the shape we were in, the gendarmes got angry; they sent us to the clinic for care. We returned to our cells, but Aly Bah was so sick... since his beating, he couldn’t even sit up; every time he drank water, he vomited blood. The Gendarme commander took him back to the hospital... and it was there he died.
In Mopti region, army soldiers taking part in counterterrorism operations in the Douentza administrative area in December were implicated in summary executions, torture, and looting of several villages. Villagers found the bodies of five men detained by soldiers on December 19 two days later in a mass grave near the village of Isseye, 85 kilometers from Douentza. Torture and Mistreatment
Human Rights Watch documented six incidents in 2016 in which Malian security forces severely mistreated at least 20 detainees. The detainees, many of whom had scars and showed visible signs of torture, described being hogtied, pummeled with fists and gun butts, kicked, suspended from trees, burned, and subjected to simulated drowning akin to “waterboarding” and other mock executions. They were also routinely denied food, water, and medical care.
Two witnesses to the April 8 beating of the seven men in Diabaly said the men were severely beaten with belts and wood, kicked, and repeatedly threatened with death. Soldiers stripped one, a 35-year-old shop owner they accused of selling goods to Islamists, hung him by his feet on a tree, and “water boarded” him for 30 minutes. A witness said: “While hanging there, they forced his head in a bucket four times, asking, ‘Where is the Islamist’s base? ...You sell goods to these people, no?” Another man was burned so severely on his back that he required medical attention for several weeks. “He had been found with a lot of money,” a witness said. “They punched, kicked and burned him severely all over his back... the soldiers kept asking him where he got all that money.”
In mid-April, soldiers severely beat six Peuhl men who had been apprehended in their villages near Boulekessi, subsequently subjecting them to mock execution. One said:
As they removed the blindfold, I saw a pick and a shovel. “We’re going to ask you questions and if you lie, it is here you will die.” I answered, but they accused me of lying. They told me to dig and ordered me in… I felt the sand entering my ear and a gun at my temple… I begged for my life… I heard the others screaming nearby but they didn’t kill us.
We thought our ordeal was over, but then they did it again. This time four soldiers walked me into the bush, and ordered me to say my last words. I begged, saying I have nothing to do with the jihadists. They stripped and beat me with branches until the leaves fell off. I was bleeding… they ordered me inside, covered my body with sand and threw in my clothes… they cocked a gun, then fired two shots near my head. From the grave I was silent, thinking it was there I would die. Minutes later, the soldiers brought the others who pleaded to live while a soldier said, “Look at the tomb… Is he dead or alive? …Now talk.”
Unchecked Banditry and Crime in North and Central Mali
Human Rights Watch spoke with 16 men and women who had been robbed on their way to and from local markets in the Gao and Timbuktu regions in northern Mali. Several had been robbed two, three, and even four times during 2016. A number were beaten, or saw others beaten, after they refused to hand over money. Two women were raped during the assaults and one said a fellow passenger had been gunned down after bolting from the scene.
The Timbuktu and Gao regions were the hardest hit, though dozens of incidents were also reported in Kidal and Mopti regions. Human Rights Watch obtained and reviewed reports from various public and private sources that added up to approximately 380 separate incidents. With the addition of the cases investigated by Human Rights Watch, 400 incidents of banditry can be estimated to have occurred in 2016, though the actual number is likely higher. Most of these cases involved the robbery of groups of passengers.
The highway robberies have typically been carried out by small groups of men on motorcycles, armed with military assault rifles. They targeted transport vehicles, buses, animal herders, and traders who travel from village to village buying and selling their wares. The incidents were concentrated on market days and along several key strips of highway and land routes used by traders.
Typically, bandits fired in the air to force drivers to stop, ordered the passengers to descend, and then robbed them of money, cellphones and other goods. At least eight people were reportedly killed and 33 wounded when bandits opened fire on vehicles that refused to stop, or when they shot frightened people who tried to flee.
A 38-year-old trader, whose transport vehicle was robbed on October 14 en route to Gao after market day, saw bandits shoot a man who tried to run away:
Two men dressed half in camouflage, half in civilian clothes forced us to stop and robbed all 17 of us of our phones and money. They stole 200,000 francs CFA [US $320] from me. Five passengers didn’t have anything to give… the men started to tie them up, beating and shouting at them. One of them fled, afraid he would be killed, and they fired, hitting him in the head. We started wailing, thinking they would kill all of us. This was the second time in a month that I had been robbed like this. We pray to God the disarmament starts soon… maybe it will stop this madness.
Human Rights Watch documented two cases of sexual assault during robberies. A 50-year-old trader said she was raped by two of the three men who stopped the vehicle taking her back to Gao from a market about 60 kilometers away:
I saw people watching me during the market, and think someone informed them I was carrying a lot of money – 500,000 francs CFA [US $800]. I’d hidden it in my clothing – and when they ordered everyone at gunpoint to hand over their cash, I told them I had nothing… but they knew… They threatened me, then dragged me behind a tree, tore off my clothes to find the money, then used me.
A trader on her way back to Gao from a market in Djebock, 45 kilometers north, said that in November, four gunmen stopped the convoy of three cars in which she was travelling. The assailants separated the men and women, forcing the youngest woman in the convoy away for 30 minutes. The trader said that when the woman returned, “She was crying… She said they had used her. Their rifles were pointed at us… If someone is stronger than you, what can you do?”
Several animal herders said that armed men on motorcycles drove off entire herds of livestock, while traders said they had been ambushed and robbed. These attacks took place on their way to local village markets and even on the streets of larger towns in the north.
A 55-year-old man from a village north of Gao said that at dusk one day in October, armed men on motorcycles drove off his entire herd of cows, on which he and his family of 10 depended:
They took all of my 16 cows, including several that were pregnant – even more of a loss. They left me with nothing. I am sick and have no money for medicine. My family needs food, we have nothing. I am not alone – I know about 10 other herders who have suffered the same thing.
Take necessary steps to ensure that security forces abide by international humanitarian law;
Take all necessary measures to protect civilians and ensure adequate security, including from banditry and criminality in areas under government control;
Investigate and appropriately prosecute members of the Malian security forces and non-state armed groups who commit violations of international humanitarian law and human rights abuses, including those documented in this report; and
Ensure government gendarmes fulfill their mandated role of provost marshal by accompanying the Malian army on operations at all times.
To MINUSMA Peacekeepers
Adopt a robust stance in general and ensure that protection of civilians remains a top priority for the mission, including through strategic and proactive patrolling, especially on market days.
To UN Troop Contributing Countries
Ensure that MINUSMA has the necessary resources, personnel, equipment, and training to carry out its mandate to protect civilians in an extremely challenging security environment in which armed groups have targeted civilians and UN personnel.
To Non-State Armed Groups
Abide by international humanitarian law, including by treating all persons in custody humanely;
Cease attacking UN peacekeepers and personnel;
Investigate and appropriately punish fighters who commit serious abuses; and
Respect basic rights to freedom of religion and other rights in areas under effective control.