PREAMBLE
The
sovereign people of Mali, with its strong traditions of
heroic struggle, committed to stay true to the ideals of
the victims of repression and the martyrs fallen on the
field of honour for the advent of a state of law and
pluralist democracy,
- Affirms its commitment to preserve and strengthen the democratic gains of the Revolution of March 26, 1991,
- Solemnly commits to uphold the republican and secular state,
- Proclaims its determination to defend the rights of Women and Children as well as cultural and linguistic diversity of the national community,
- Reaffirms its determination to maintain and consolidate national unity,
- Undertakes to ensure improved quality of life, environmental protection and cultural heritage,
- Agrees with the Universal Declaration of Human Rights of 10 December 1948 and the African Charter on Human and Peoples' Rights of 27 June 1981,
- Reaffirms its commitment to the achievement of African Unity, to promote peace, regional and international cooperation, peaceful settlement of disputes between States in respect of justice, equality, freedom and the sovereignty of peoples.
TITLE
I: RIGHTS AND DUTIES OF THE HUMAN
ARTICLE 1: The
human person is sacred and inviolable. Everyone has the
right to life, liberty, security and integrity of his
person
ARTICLE
2: All
Malians are born and remain free and equal in rights and
duties. Discrimination based on social origin, colour,
language, race, sex, religion and political opinion is
prohibited.
ARTICLE
3: No one
shall be subjected to torture or inhuman, cruel, degrading
or humiliating treatment. Any individual or public official
who is guilty of such acts, either on his own initiative or
on instructions will be punished according to law.
ARTICLE
4: Every
person has the right to freedom of thought, conscience,
religion, worship, opinion, expression and creation in
compliance with the law.
ARTICLE
5: The
State recognizes and guarantees, under conditions laid down
by law, freedom of movement, free choice of residence,
freedom of association, assembly, procession and
demonstration.
ARTICLE
6: The
home, concerns, private and family life, secrecy of
correspondence and communications are inviolable. They can
not be encroached upon save in the manner provided by law.
ARTICLE
7: Freedom
of press is recognized and guaranteed. It is exercised
under conditions laid down by law. Equal access for all to
state media is provided by an independent body whose status
is determined by organic law.
ARTICLE
8: The
freedom of artistic and cultural creation is recognized and
guaranteed. It is exercised under conditions laid down by
law.
ARTICLE
9: Punishment
is personal. No person shall be prosecuted, arrested or
charged except under a law enacted prior to the acts
alleged against him. Every defendant is presumed innocent
until proved guilty in a court. The right to defense,
including that of being assisted by counsel of his choice
is guaranteed from the preliminary investigation.
ARTICLE
10: Any
person subject to a deprivation of liberty has the right to
be examined by a doctor of his choice. No person may be
detained for a period exceeding forty eight hours without a
reasoned decision of a magistrate's court order. No person
may be detained in a prison without a warrant issued by a
magistrate of the judiciary.
ARTICLE
11: Nothing
is not prohibited by law can be prevented and no one may be
compelled to do anything not provided.
ARTICLE
12: No one
may be forced into exile. Any person persecuted for
political or religious beliefs, his ethnicity, is eligible
for asylum in the Republic of Mali.
ARTICLE
13: The
right to property is guaranteed. Property may only be
expropriated for public purposes and against just and prior
compensation.
ARTICLE
14: Freedom
of enterprise is guaranteed within the framework of laws
and regulations.
ARTICLE
15: Everyone
has the right to a healthy environment. Protection,
environmental protection and the promotion of quality of
life are a duty for all and for the state.
ARTICLE
16: In the
event of a declared national emergency, all citizens have
the duty to assist, as provided by law.
ARTICLE
17: Education,
instruction, training, work, housing, recreation, health,
and welfare are recognized rights.
ARTICLE
18: Every
citizen has the right to education. Public education is
compulsory, free and secular. Private education is
recognized and exercised under the conditions defined by
law.
ARTICLE
19: The
right to work and to rest is recognized and is equal for
all. Work is a duty for every citizen, but nobody can be
forced to do a given job work except in the case of
performance of outstanding service to the public interest,
equal to everyone in the conditions determined by law.
ARTICLE
20: Freedom
of association is guaranteed. Unions operate freely and
without limits other than those provided by law.
ARTICLE 21: The
right to strike is guaranteed. It is exercised within the
framework of existing laws and regulations.
ARTICLE
22: Defence
of the homeland is a duty for every citizen.
ARTICLE
23: Every
citizen must work for the common good. He must fulfill all
its civic obligations including payment of tax
contributions.
ARTICLE
24: Every
citizen, every person living in the Malian territory has
the duty to respect the constitution in all circumstances.