Financial Crime World

Mali’s Anti-Corruption Laws Fall Short of International Standards

A recent analysis has revealed that Mali’s anti-corruption laws are not in line with international standards, specifically the United Nations Convention Against Corruption (UNCAC). Despite signing and ratifying the UNCAC in 2003 and 2008 respectively, Mali’s domestic legislation falls short in several areas.

Classification of Offenses

The Criminal Code of Mali (CPM) classifies offenses into three categories based on the severity of the penalty:

  • Crimes: punishable by death, life imprisonment, or imprisonment ranging from 5 to 20 years.
  • Délits (Felonies): punishable by imprisonment from 11 days to 5 years, work in the public interest, or a fine.
  • Contraventions (Misdemeanors): punished by a “peine de police” (summary offense).

Shortcomings in Anti-Corruption Laws

However, the CPM lacks provisions criminalizing certain forms of corruption, such as:

  • Bribery of foreign public officials
  • Trading in influence
  • Illicit enrichment

Moreover, the law does not provide for indirect corrupt behaviors, which is a departure from the UNCAC’s broader definition.

Comparison with International Standards

The analysis highlights several areas where Mali’s laws are more restrictive than international standards. For example:

  • Abuse of functions is limited to government procurement
  • Concealment is only punishable in certain circumstances

In contrast, the UNCAC defines bribery as “the promise, offering or giving, directly or indirectly” and criminalizes a range of offenses, including embezzlement, misappropriation, and other forms of property diversion by public officials. The convention also covers bribery in the private sector and laundering of the proceeds of crime.

Recommendations

To strengthen the country’s fight against corruption and ensure greater accountability for those involved in corrupt practices, the study recommends that Mali:

  • Update its anti-corruption laws to align with international standards, particularly the UNCAC
  • Broaden the definition of corruption to include indirect corrupt behaviors
  • Strengthen provisions related to abuse of functions and concealment
  • Ratify the OECD Convention on Combating Bribery of Foreign Public Officials

Key Findings:

  • Mali’s Criminal Code (CPM) lacks provisions criminalizing certain forms of corruption, such as bribery of foreign public officials.
  • The CPM does not provide for indirect corrupt behaviors, which is a departure from the UNCAC’s broader definition.
  • The abuse of functions is limited to government procurement, and concealment is only punishable in certain circumstances.
  • Mali has neither signed nor ratified the OECD Convention on Combating Bribery of Foreign Public Officials.