Mali: Frequency of levirate and the consequences should it be refused; groups that practice this form of marriage; information on the protection and assistance provided by the state and civil society (2012-July 2013)

1. Frequency of Levirate

Levirate is a traditional practice in Mali that is still being practiced in this country (United Nations n.d.; Jemphrey Nov. 2011, 2; Mali Dec. 2012, 5). In correspondence with the Research Directorate, a representative from the Association malienne pour le suivi et l'orientation des pratiques traditionnelles (AMSOPT), an NGO that advocates against traditional practices that harm the health of women and children (Courants de femmes n.d.), stated that levirate is a [translation] "very frequent" practice in Mali (AMSOPT 17 July 2013). The representative explained that levirate is practiced by all ethnic groups, but that it may be more or less prevalent depending on the group (ibid.). She added that levirate is practiced [translation] "very frequently" among the Sarakole, the Fulane and the Soninke and that the practice exists mainly in the country's south (ibid.). In the doctorate dissertation he wrote at the University of Wales on levirate among the Supyire people of Mali, Michael Jemphrey noted that levirate is common among that ethnic group (Jemphrey Nov. 2011, 2).

According to an article published on 15 November 2009 by the Journal du Mali, levirate is a ritual that is [translation] "often forced" and combined with polygamy. In addition, [translation] "religion also attaches value to the men who 'inherit' wives from their late older brother" (Journal du Mali 15 Nov. 2009). The article also notes that, according to the president of the Association des femmes juristes, an association that fights the practice of levirate in Mali,

[translation]

... in the tribal tradition, when a woman loses her husband, she is married by force to his brother. In addition to its backward nature, levirate may be dangerous for the health of the future husband because ... if a man dies of AIDS, he will have undoubtedly infected his wife, who will transmit it to her new husband and, through him, to all of his wives. (ibid.)

2. Refusing Levirate

The Inter Press Service (IPS) states that the children of women who refuse levirate are entrusted to the family of the deceased, because they [translation] "do not belong to the woman" (19 Dec. 2011). Corroborating information could not be found among the sources consulted by the Research Directorate, nor could it find any information on the consequences for women who refuse levirate.

3. Legislation and Protection

UN Women states that the following:

[translation]

Violence against women and girls remains a concern in Mali. This violence includes the practice of levirate/sororate, rape and physical abuse. Some of these actions are punishable under the criminal code, but legal loopholes continue to persist. (United Nations n.d.)

The US Department of State's Country Reports on Human Rights Practices for 2012 notes that "[t]he laws are biased against women, particularly in divorce or inheritance. Family law and traditional practices favour men" (US 19 Apr. 2013, 18). Country Reports 2012 also indicates that "[w]omen had very limited access to legal services due to the lack of education and information," because of the very high costs of those services (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate.

According to the AMSOPT representative, [translation] "levirate is not a prohibited practice in Mali" (AMSOPT 17 July 2013). However, she said that it becomes illegal if one of the parties is pressured to accept the marriage (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the AMSOPT representative, if a woman refuses to marry a brother of her late husband, she can get help from some NGOs and associations, such as the legal clinic, AMSOPT, APDF [Association pour le progrès et la défense des droits et des femmes maliennes] and AMDH [Association malienne des droits de l'homme] (AMSOPT 17 July 2013). The representative stated that

[translation]

[t]hese organizations can help the woman by advising her; by supporting her morally or even materially, they can provide her with legal guidance by telling her the steps to follow to take legal action.

These services are very effective for helping a woman to get out of the situation, especially the legal clinic and the APDF. (ibid.)

Corroborating information could not be found among the sources consulted by the Research Directorate.

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

Association malienne pour le suivi et l'orientation des pratiques traditionnelles (AMSOPT). 17 July 2013. Correspondence from an official to the Research Directorate.

Courants de femmes. N.d. "AMSOPT- Association malienne pour le suivi et l'orientation des pratiques traditionnelles." [Accessed 22 July 2013]

Inter Press Service (IPS). 19 December 2011. "Les femmes indignées par le nouveau Code de la famille." (Factiva)

Jemphrey, Michael William Thomas. November 2011. The Levirate Custom of Inheriting Widows Among the Supyire People of Mali: Theological Pointers for Christian Marriage. Doctorate dissertation, University of Wales. [Accessed 19 July 2013]

Journal du Mali. 15 November 2009. Modibo Fofana. "Le lévirat, une pratique encore répandue au Mali." [Accessed 12 July 2013]

Mali. December 2012. Institut national de la statistique. "4ème Recensement général de la population et de l'habitat du Mali (RGPH-2009). Analyse des résultats définitifs. Thème : mortalité." [Accessed 16 July 2013]

United Nations (UN). N.d. UN Women. "Mali : contexte général." [Accessed 12 July 2013]

United States (US). 19 April 2013. Department of State. "Mali." Country Reports on Human Rights Practices for 2012. [Accessed 19 July 2013]

Additional Sources Consulted

Oral sources: Attempts to contact the following were unsuccessful: Association des femmes juristes maliennes; Association malienne des droits de l'homme; Association pour le progrès et la défense des droits et des femmes maliennes; Courants de femmes; Oxford Centre for Mission Studies; UN Women; academics, University of Exeter and McGill University.

Internet sites, including: Africa Times; Afrique en ligne; Afriqueindex.com; Agence France-Presse; Amnesty International; Association bavaroise pour la coopération au Mali; Association malienne des droits de l'homme; BBC; Centre de recherche interuniversitaire, Paris; Commission africaine des droits de l'homme et des peuples; ecoi.net; Factiva; Freedom House; International Federation for Human Rights; Jeune Afrique; Mali - Embassy of Mali to the United States of America; Minority Rights Group International; Oxford Centre for Mission Studies; Queen's University, Belfast;; Slate Afrique; UNAIDS; United Nations - Refworld; UNICEF; United Nations Development Programme; Université Paul-Valéry; University of Exeter; University of Wales.