Violence and instability have plagued Mali since 2012, when Tuareg separatists and Islamist armed groups seized territory in the north following a military coup. Despite the presence of international armed forces, the conflict continues to escalate into extreme violence, spilling over into neighboring Burkina Faso and Niger. Between February 2021 and February 2022, nearly 2,000 civilians were killed, with two-thirds of the deaths attributed to armed groups linked to al-Qaeda and the so-called Islamic State of Iraq and the Levant (ISIL).
Human Rights Violations in Burkina Faso
Burkinabé soldiers and gendarmes have been implicated in numerous instances of summary executions during counterterrorism operations. The remains of 180 men, many blindfolded and with hands bound, were discovered around the northern town of Djibo between November 2019 and June 2020. In early March 2020, security forces allegedly executed 23 people in Cisse village. In April, 31 detainees were reportedly executed during an army operation in Djibo. On May 11, 12 men arrested by gendarmes in Tanwalbougou, Est Region, were found dead in their cells just hours after their detention. Additionally, the UN reported that Burkinabé forces were implicated in at least 50 extrajudicial killings during cross-border operations into Mali between May 26 and 28, 2020.
Human Rights Abuses in Mali
Malian security forces have been accused of committing over 270 unlawful killings of suspects and civilians during counterterrorism operations from late 2019 onward. These incidents include the discovery of 26 traders’ bodies in a well in the Segou region in December 2019, the killing of 43 people in the villages of Niangassadou and Binidama in June 2020, and the execution of at least 22 individuals during an operation conducted alongside a pro-government militia in Libe village, Mopti Region, on October 22, 2020.
Extrajudicial Killings in Niger
Allegations of unlawful killings in Niger have largely centered on the Tillabéri region, which borders Mali and Burkina Faso. These abuses followed two deadly attacks on Nigerien security bases in December 2019 and January 2020. Investigations by Human Rights Watch, local civil society groups, and Niger’s National Human Rights Commission (CNDH) indicate that Nigerien security forces extrajudicially executed 82 people and forcibly disappeared another 105 between October 2019 and April 2020. The CNDH found six mass graves containing 71 bodies in Inates commune, with witnesses reporting an additional six mass graves containing 34 bodies in the same area.
Counter-Terrorism Operations and Human Rights Violations
Counter-terrorism operations conducted by Sahelian security forces, the G5 Sahel Joint Force (FC-G5S), and international forces have resulted in grave human rights violations and abuses. Malian security forces have been accused of war crimes, including targeted killings, rape, and torture. Niger’s National Human Rights Commission has implicated Nigerien forces in severe abuses against civilians, while Burkinabé security forces and pro-government militias have allegedly executed hundreds of suspects since 2018.
The Central Sahel region faces one of the world’s fastest-growing displacement crises, with over 2.1 million people internally displaced, including more than 1.6 million in Burkina Faso alone. Nearly 15 million people are in need of humanitarian assistance.
Impact on the African Charter on Human and Peoples’ Rights
The ongoing violence and human rights violations in the Sahel region directly contravene several provisions of the African Charter on Human and Peoples’ Rights (ACHPR), also known as the Banjul Charter. Adopted in 1981 and ratified by all member states of the African Union, the Charter obligates states to protect and promote fundamental human rights, including the rights to life, dignity, and freedom from torture or cruel, inhuman, or degrading treatment (Articles 4 and 5). The widespread extrajudicial killings, enforced disappearances, and allegations of torture reported in Mali, Burkina Faso, and Niger represent blatant violations of these commitments.
Furthermore, the displacement of millions of civilians and the denial of access to humanitarian assistance undermine the right to freedom of movement and protection from displacement as enshrined in Article 12 of the Charter. The targeting of civilian populations during counter-terrorism operations breaches the principles of non-discrimination and equal protection before the law (Articles 2 and 3).
The ACHPR emphasizes state responsibility for protecting human rights even during armed conflicts. The failure of Sahelian states to investigate and hold perpetrators accountable for human rights violations is inconsistent with Article 1 of the Charter, which requires states to adopt legislative or other measures to give effect to the rights and freedoms guaranteed by the Charter.
Military Command Responsibility and Legal Obligations
Many of the documented atrocities across the Sahel appear to be retaliatory killings for attacks by Islamist armed groups. Military commanders are legally obligated under the laws of war to prevent soldiers under their command from committing abuses, including retaliation.
Violations have included at least 57 cases of extrajudicial executions and 142 cases of enforced disappearances. These abuses occurred as the three countries scaled up military operations to combat armed groups responsible for attacks on security forces and serious human rights abuses against civilian populations.
Recommendations for Accountability and Prevention
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Investigation and Prosecution: Conduct thorough investigations into all allegations of human rights violations and abuses. Prosecute those found responsible for violations of international humanitarian and human rights law.
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Suspension of Suspects: Remove from duty, pending investigation and prosecution, any member of the security forces suspected of ordering or carrying out extrajudicial executions, unlawful killings, or enforced disappearances.
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Deployment of Provost Officers: Deploy provost officers or military justice personnel during operations to ensure compliance with human rights and international humanitarian law.
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Respect for Detainee Rights: Ensure that individuals arrested during military operations have their rights respected, including access to legal representation, communication with families, and protection from torture or ill-treatment.
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Legal Accountability: Charge detainees with recognizable criminal offenses or release them. Account for all individuals forcibly disappeared by security forces.
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Institutional Oversight: Establish clear institutional authorities and responsibilities to prevent human rights abuses during military operations.
Addressing these issues requires not only accountability but also a concerted effort to uphold the rule of law and protect civilian populations from violence and abuse. The Sahel region’s security forces must operate within the framework of international law to ensure lasting peace and stability.
