Mali: Prevalence of levirate and who is practicing it; consequences if levirate is refused; protection and assistance offered by the state and civil society (2015-July 2017)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Prevalence of Levirate

In correspondence with the Research Directorate, a representative of the Malian National Commission of Human Rights (Commission nationale des droits de l'homme, CNDH), an [translation] "independent consultative administrative authority whose mission is to contribute to the promotion and protection of human rights" (NANHRI n.d.), stated that the practice of levirate [translation] "is not very frequent and … now actually appears to be disappearing in Mali" (Mali 30 June 2017).

In contrast, a 2016 report on Mali published by the UN Committee on the Elimination of Discrimination Against Women notes that levirate is one of the [UN English version] "harmful practices … [that] remain prevalent and unpunished" in Mali (UN 25 July 2016, para. 19). Similarly, a 2016 report on Mali published for the United States Agency for International Development (USAID) reports that levirate is one of the "common and serious problems among women in Mali" (Mathys et al. Feb. 2015, 11). In correspondence with the Research Directorate, a representative of Women in Law and Development in Africa/Mali (WILDAF/Mali), a network of associations and individual members [translation] "whose goal is the protection and promotion of the rights of women and children," particularly through "assistance and legal support for women and children who are victims of abuse" (Governance in Africa n.d.), stated that [translation] "levirate is a tradition that is commonly practiced in Mali" (WILDAF/Mali 5 July 2017).

The CNDH representative stated that [translation] "levirate is practiced by all ethnic groups in almost every region of Mali" and that this practice "varies from one region to another and from one ethnic group to another" (Mali 30 June 2017). According to the same source,

[translation]

levirate is not part of every custom in Mali. For example, the Dogons and the Bobo people do not practice it.

However, four large ethnic groups practice the levirate. These groups are the Bambara, Soninke, Peulh and Malinke. (Mali 3 July 2017)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the WILDAF/Mali representative, [translation] "in Mali, almost all groups practice levirate. It is more common in rural areas than in urban areas because women living in urban centres can usually access information on consent to marriage" (WILDAF/Mali 5 July 2017). Similarly, a report from June 2016, by the International Federation for Human Rights (FIDH), which was prepared in collaboration with civil society organizations in Mali, states that [translation] "levirate persists as a practice, particularly in rural areas" (FIDH et al. June 2016, 14).

2. Legislation

The CNDH representative noted that levirate [translation] "is a customary practice," which is not covered by the law (Mali 30 June 2017). Similarly, the WILDAF/Mali representative noted that [translation] "[t]he Code of Persons and the Family (Code des personnes et de la famille) makes no reference to levirate" and that it is actually the families and communities that [translation] "resort to this practice to consolidate family relationships [and] solidarity" (WILDAF/Mali 5 July 2017).

The same source made reference to Article 283 of the Code of Persons and the Family, as it relates to consent to marriage (WILDAF/Mali 5 July 2017). Article 283 of the Code of Persons and the Family provides the following:

[translation]

Article 283: Marriage is not possible if there is no consent.

The consent is not valid if it was obtained through violence or if an error was made about the person.

Each party must give their consent orally and in person before the civil registrar. It is noted by signature or, failing that, a fingerprint at the end of the certificate.

However, for geographical reasons, if one of the future spouses lives outside the place of marriage and is unable to appear in person before the civil registrar, that party may provide consent through a certificate prepared by the civil registrar for their residence.

This certificate is sent by this civil registrar to the civil registrar responsible for the marriage celebration.

The marriage must be celebrated in this case before a representative appointed by the party unable to attend. This representative must sign or, failing that, add their fingerprints to the end of the marriage certificate.

Consent by parents or legal representatives may be given within the conditions set out in paragraph 3 of this article.

By reason of illness or for geographical reasons, or any other cause, consent by parents or legal representatives may be given in writing in a certificate prepared by the mayor or head of the administrative district of the residence of the party concerned. The signature or, failing that, the fingerprints of the party concerned must be appended to this certificate. (Mali 2011)

The WILDAF/Mali representative explained that [translation] "it is often the case with levirate that it is a traditional marriage that has no legal value" (WILDAF/Mali 5 July 2017). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3 . Refusing Levirate

According to the CNDH representative, levirate [translation] "is a customary practice that is not obligatory. The persons concerned are not obliged to accept it. … Spouses can refuse it without any consequences" (Mali 30 June 2017). The CNDH representative also stated the following regarding people who refuse levirate:

[translation]

Generally, there is no problem except for some women who do not have any financial resources and cannot take care of themselves. These people become vulnerable and often accept levirate so that they can get help to care for their children. (Mali 30 June 2017)

The same source also stated that refusing the levirate might cause [translation] "tension in the family" and, in particular, could have "repercussions for the rights of the children," such as "confiscating their inheritance and their mother's belongings, rejection [by] other family members, separation from their mother and having to quit school" (Mali 3 July 2017). The CNDH representative also explained that [translation] "generally speaking, when it is refused, the woman is the one who is most exposed and vulnerable. She could be beaten by the family, or even cast out and stripped of her belongings and/or her late husband's belongings" (Mali 3 July 2017). The WILDAF/Mali representative also noted that [translation] "the woman often has no choice but to accept [levirate] or else she risks losing any status within the family or the community and she is often deprived of any inheritance" (WILDAF/Mali 5 July 2017). The same source provided the following explanation:

[translation]

Levirate can be refused by the woman or by the deceased husband's brother, but the consequences are not the same. The deceased's brother can refuse[;] the family or the community can accept [his refusal], he will not be subjected to abuse or be rejected by the family or the community. However, if the woman refuses, she can be subjected to violence, she can be rejected, or she can be denied the inheritance from her husband, and her children can be taken from her if they are young. (WILDAF/Mali 5 July 2017)

A research report written by two University of South Florida consultants about the empowerment of women in the Sahel region, including in Mali, that was submitted to the UN World Food Program (WFP) notes the following:

Women have little choice but to accept their new husband, since the larger household assures food security and stability for their children. Refusing the levirate can create serious ruptures between families and even villages (if the refusing bride comes from elsewhere, the village will recoup its loss by bringing back one of its own widows from the neighboring community), and is therefore virtually unattested. (Boyer and Deubel Oct. 2016, 28)

4. Protection and assistance offered

The CNDH representative stated that [translation] "many women's rights and human rights organizations in Mali" are available for people who refuse levirate (Mali 30 June 2017). The same source explained that [translation] "many associations and NGOs" offer "legal and judicial assistance" through "legal clinics" (Mali 3 July 2017). According to the CNDH representative, the CNDH [translation] "intervenes on behalf of all citizens whose rights have been violated" (Mali 3 July 2017). Without providing any more details, the same source stated that religious and traditional authorities offer [translation] "many remedies" and that other jurisdictions can be approached or can intervene (Mali 3 July 2017).

Statistics on the use of these remedies or information about their effectiveness could not be found among the sources consulted by the Research Directorate within the time constraints of this Response

The WILDAF/Mali representative stated the following:

[translation]

Authorities can intervene if a woman has the courage to go to them. It should be noted that many women do not have the courage because they fear being stigmatized or because they do not know where to go after having approached the authorities. NGOs, like my organization, raise awareness and educate women on marriage and how to approach the authorities. We help women who come to us. We do not have a shelter for victims and the processes are often drawn out. The family or the community can pressure the women, and they then acquiesce and renounce their rights. (WILDAF/Mali 5 July 2017)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Boyer, Micah and Tara Deubel. October 2016. Gender, Markets and Women's Empowerment: Sahel Region Case Studies in Mali, Niger and Chad. [Accessed 6 July 2017]

Fédération internationale des ligues des droits de l'homme (FIDH) et al. June 2016. L'application de la Convention sur l'élimination de toutes les formes de discrimination à l'égard des femmes : Rapport alternatif aux 6ème et 7ème rapports periodiques du gouvernement du Mali. [Accessed 6 July 2017]

Governance in Africa. N.d. "WILDAF - FeDDAF = Women in Law and Development in Africa - Femmes droit et développement en Afrique." [Accessed 12 July 2017]

Mali. 3 July 2017. Commission nationale des droits de l'homme (CNDH). Correspondence from a representative to the Research Directorate.

Mali. 30 June 2017. Commission nationale des droits de l'homme (CNDH). Correspondence from a representative to the Research Directorate.

Mali. 2011. Code des personnes et de la famille. Loi n°2011 - 087 du 30 Décembre 2011. [Accessed 6 July 2017]

Mathys, Ellen, Emmet Murphy and Monica Woldt. February 2015. USAID Office of Food for Peace Food Security Desk Review for Mali, FY2015-FY2019. [Accessed 6 July 2017]

Network of African National Human Rights Institutions (NANHRI). N.d. Commission nationale des droits de l'homme du Mali. [Accessed 30 June 2017]

United Nations (UN). 25 July 2016. Committee on the Elimination of Discrimination Against Women (CEDAW). Observations finales concernant les sixième et septième rapports périodiques (présentés en un seul document) du Mali. (CEDAW/C/M/LI/CO/6-7) [Accessed 6 July 2017]

Women in Law and Development in Africa/Mali (WILDAF/Mali). 5 July 2017. Correspondence from a representative to the Research Directorate.

Additional Sources Consulted

Oral sources: Association espoir jeunes femmes; Association malienne des droits de l'homme; Association malienne pour le suivi et l'orientation des pratiques traditionnelles; Association pour le progrès et la défense des droits et des femmes du Mali; Coordination des associations et ONG féminines du Mali; Professor of sociology, Université du Québec à Montréal; United Nations - UN Women Mali.

Internet sites, including: AllAfrica; Amnesty International; Care France; Courants de Femmes; Les Échos; ecoi.net; L'Essor; Factiva; Fédération international des ligues des droits de l'homme; France - Cour nationale du droit d'asile; Freedom House; Genre en action; Gouvernance en Afrique; Human Rights Watch; Jeune Afrique; Journal du Mali; MaliActu.net; Maliweb.net; PanaPress; Radio France internationale; United Nations - Refworld.