Overview
Mali has two laws criminalising HIV transmission and non-disclosure.
Mali enacted an HIV-specific law in 2006. Article 37 of the Act for Prevention, Care and Control of HIV states that anyone ‘wilfully innoculating’ HIV-infected substances (including via sexual contact) is guilty of ‘voluntary transmission’, an offence equated with attempted murder and punishable by up to 20 years in prison. The law also provides for an obligation to disclose HIV-positive status to a sexual partner within six weeks of diagnosis. Medical staff may disclose a person’s HIV-positive status to their partner if they have not done so within the prescribed time limit, without violating the provisions relating to confidentiality.
In January 2025 it was reported that Mali’s ruling junta had adopted a new Penal Code in December 2024 which, as well as criminalising same-sex activity, introduced HIV-specific provisions. As with the 2006 law, the 2024 Code allows for the disclosure of HIV test results to spouses by medical staff after six weeks. Articles 321-30/31 impose a fine for non-disclosure, raised to ten years’ imprisonment where HIV transmission occurs, and 30 years’ where this results in death. Article 321-32 makes it an offence to ‘knowingly’ transmit or attempt to transmit HIV to another by any means, punishable by three years’ imprisonment and a fine, or life imprisonment where two or more people contract HIV.
Further penalties are provided for HIV transmission resulting through negligence (Article 321-33), and for practicing traditional medicine for HIV/AIDS without a license (Article 321-34).
To our knowledge, there have been no reported cases of HIV criminalisation in Mali to date.
Laws
Law No. 06-028 of 29 June 2006 laying down rules on the prevention, care and control of HIV/AIDS
Article 27
Everyone living with HIV is required to disclose their HIV status to their spouse or sexual partner as soon as possible. This period may not exceed six (6) completed weeks from the date on which they became aware of their HIV status.
Care services must provide all the psychosocial support necessary for the HIV-positive person to disclose to his or her spouse or sexual partners. The health care organisation, whether public or private, must in particular ensure that the disclosure is made and that the means implemented are adapted to the possible difficulties of communication and understanding of the patient and his spouse or sexual partners.
In the event that the person whose serological status has just been ascertained does not voluntarily comply with the obligation to report under paragraph 1 of this article within the prescribed time limit, the doctor or any other qualified paramedical staff of the health care organisation, after having informed him/her, may report the fact to the spouse or sexual partner, without violating the provisions relating to confidentiality laid down by the laws in force.
Article 37. Sanctions for an Act of Voluntary Transmission of HIV
Anyone who has deliberately inoculated HIV-infected substances is guilty of an act of wilful HIV transmission.
Any PLWHA, any doctor, traditional therapist, pharmacist, and any person practising a medical or paramedical profession, as well as any student in medicine, pharmacy or paramedical profession studying or employed in pharmacy, herbalist, bandager, merchant of surgical instruments, who has indicated, favoured or provided the means to commit the offence provided for in article 36 of this law, is an accomplice to the act of voluntary transmission of HIV.
The deliberate transmission of HIV is considered as attempted murder and is punishable by the penalties provided for in the Criminal Code for the punishment of this offence.
Perpetrators and accomplices of acts of wilful HIV transmission are sentenced to 5 to 20 years’ imprisonment.
Penal Code
Article 321-30: Any person who, having knowledge of his/her serological status, refrains from informing his/her spouse or sexual partner of it shall be punished by a fine of 1,000,000 francs.
Article 321-31: Any person who, having knowledge of his/her HIV-positive status, refrains from informing his/her spouse or sexual partner and contaminates him/her shall be punished by ten years’ imprisonment and a fine of 5,000,000 francs.
If death results from this contamination, the perpetrator shall be punished by thirty years’ imprisonment.
If contamination results from rape, the perpetrator shall be punished by thirty years’ imprisonment.
Article 321-32: Anyone who knowingly transmits or attempts to transmit HIV to any other person by any means whatsoever shall be punished by imprisonment.
If this results in the contamination of at least two people, the
penalty is life imprisonment.
Article 321-33: Anyone who, through clumsiness, imprudence, inattention, negligence or failure to comply with regulations, including established directives in this area, unintentionally infects another person with HIV while practicing their profession shall be punished by imprisonment of two years and a fine of 300,000 francs.
Article 321-34: Any person who practices traditional medicine for HIV/AIDS without prior approval shall be punished by imprisonment of five years and a fine of 4,000,000 francs.
Acknowledgements
Report presenting the results of a survey on HIV criminalization in African countries where French is spoken, conducted from May to September 2017.
Authors: Stéphanie Claivaz-Loranger & Cécile Kazatchkine for the Canadian HIV Legal Network and HIV JUSTICE WORLDWIDE
HIV Justice Network's Positive Destinations
Visit the Mali page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.