Mali criminalises slavery by descent in landmark legal reform

In a historic step for human rights of Communities Discriminated in Work and Descent (CDWD), Mali has officially outlawed slavery by descent through a sweeping reform of its Penal Code. On December 14, 2024, the National Transition Council approved amendments to the Penal Code that explicitly criminalise slavery and related practices, including descent-based slavery—marking a long-awaited legal recognition of a harmful tradition that has oppressed hundreds of thousands of Malians for generations.

According to a report on Lawyers without Borders, this momentous legal development has been the outcome of sustained advocacy by Malian civil society organisations, particularly TEMEDT, with the technical and financial support of Lawyers Without Borders Canada (LWB Canada) and Global Affairs Canada. For over eight years, these organisations have campaigned to end descent-based slavery in Mali under the framework of the “Support for Justice and Peace in Mali” (JUPAX) project.

The newly amended Penal Code introduces 17 new articles (Articles 324-12 to 324-28) addressing multiple forms of slavery. Among the most significant is Article 324-15, which expands the traditional definition of slavery to include customs and practices such as descent-based slavery and serfdom. These forms of bondage, previously unaddressed by Malian law, involve individuals being born into servitude, often deprived of their basic rights, agency, and access to land or property.

Descent-based slavery, long rooted in hierarchical social structures, assigns slave status at birth based on one's lineage. It strips victims of fundamental rights and ties them to a life of inherited subjugation. In some communities, individuals considered “slaves” cannot marry freely, own land, or participate in community decision-making. Until this reform, the Malian Penal Code acknowledged slavery only in its most classical form, ignoring the deeply entrenched societal and economic practices that perpetuate de facto slavery in the country.

The legislative overhaul echoes demands raised at national and international forums by both TEMEDT and LWB Canada, including calls for the explicit criminalisation of practices that uphold slavery by descent. The reform builds on earlier legal victories for victims, such as the Supreme Court's affirmation of land ownership rights for those historically enslaved.

While the reform represents progress for all victims of slavery, it also contains specific provisions aimed at protecting women and girls, who suffer disproportionately under descent-based slavery systems. The intersection of gender and inherited slavery results in extreme forms of violence, including sexual exploitation, forced marriage, and denial of education and healthcare.

The revised Penal Code now includes Article 324-14, which criminalises sexual slavery, and Article 324-19, which makes the forced marriage of an enslaved woman an act of rape. These articles represent a vital step forward in recognising the particular vulnerabilities of enslaved women and securing their rights under the law. Any act of sexual violence conducted under the guise of forced marriage—particularly when linked to enslavement—is now legally considered rape, granting survivors legal recourse and protection.

However, despite these legal protections, the implementation of the law faces significant social and cultural barriers. Deep-rooted norms, social stigma, and a lack of awareness continue to silence many victims and impede justice. Identifying, supporting, and empowering women affected by slavery remains a challenge in the face of these obstacles.

The new legal provisions carry with them an urgent responsibility for the Malian state and its institutions. To be effective, the law must be actively enforced. Article 324-26 of the revised Penal Code places a legal obligation on all public officials to report known cases of slavery to the appropriate judicial authorities. Failure to do so can lead to sanctions, making government actors directly accountable in the battle against slavery.

Authorities must now work closely with civil society organisations such as TEMEDT to ensure that these new laws are not only well-disseminated but also understood by affected communities. Legal awareness campaigns, institutional training, and victim support mechanisms will be essential to converting legal reform into practical protection.

The JUPAX project, launched in 2021, has played a critical role in this transformation. With its mandate extending until 2025, the project has supported legal empowerment, particularly for women, girls, and other marginalised groups. By promoting gender equality, reconciliation, and peace, it has helped strengthen human rights institutions and create a new generation of defenders equipped to challenge impunity.

As the implementation phase begins, advocates emphasise that the fight is far from over. Enforcing the law will require political will, systemic reform, and grassroots mobilisation. Yet, this achievement sets a global precedent and provides a powerful tool to dismantle institutionalised slavery in Mali. It sends a strong message that such practices—regardless of how embedded they are in tradition—have no place in a just and equal society.
This legal reform not only restores dignity to nearly 800,000 Malians affected by descent-based slavery but also reinforces Mali's commitment to upholding international human rights standards. The full text of the reformed Penal Code is available via the Malian human rights library Sariya Ko Mun? Que dit la loi?

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