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Mali’s Anti-Corruption Laws Fall Short of International Standards
Bamako - Mali’s Criminal Procedure Code (CPM) classifies offenses into three groups based on the severity of penalties, but critics say it falls short of international standards in criminalizing corruption.
Definition of Corruption
The CPM defines “crimes” punishable by death or imprisonment, “délits” (felonies) punishable by imprisonment or fines, and “contraventions” (misdemeanors) punished by summary offenses. However, experts note that the CPM’s definition of corruption is narrower than international standards set by the United Nations Convention against Corruption (UNCAC).
Shortcomings in Laws
- Mali signed the UNCAC in 2003 and ratified it in 2008, but has yet to fully implement its provisions.
- The country is also not a signatory to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
- A review of Mali’s laws reveals several shortcomings:
- Article 122 CPM criminalizes bribery, but only covers public officials and does not extend to private sector corruption.
- Embezzlement of property in the private sector is also not criminalized.
- The CPM’s criminalization of certain offenses is too restrictive, particularly with regards to abuse of functions and concealment.
Comparison with International Standards
A table comparing Mali’s laws with international standards highlights the country’s lack of progress in combating corruption. According to the table:
- Only bribery of national public officials is criminalized in Mali, while other offenses such as embezzlement, trading in influence, and illicit enrichment are not covered by law.
Table: Offenses of Corruption Covered by UNCAC and Criminalized in Mali
| UNCAC Offense | Offense under Malian Law |
|---|---|
| Bribery of national public officials | Articles 120 and 122 CPM |
| Bribery of foreign public officials and officials of public international organizations | Not criminalized |
| Embezzlement, misappropriation or other diversion of property by a public official | Articles 106 and 107 CPM: Misuse of public property |
| Trading in influence | Article 121 CPM |
| Abuse of functions | Articles 110 to 111 CPM: Illegal acquisition of interests |
| Illicit enrichment | Prevention and Repression of Illicit Enrichment (PREI) law No. 14-015 |
| Bribery in the private sector | Article 122 CPM |
| Embezzlement of property in the private sector | Not criminalized |
| Laundering of the proceeds of crime | AML Law No. 06-066: Articles 298 and 299 CPM |
Conclusion
The lack of progress in combating corruption is a major concern for Mali’s economic and political development. The country’s failure to implement effective anti-corruption measures may hinder its ability to attract foreign investment and combat poverty and inequality.
Sources
- United Nations Convention against Corruption (UNCAC)
- Organization for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
- Mali’s Criminal Procedure Code (CPM)
- Prevention and Repression of Illicit Enrichment (PREI) law No. 14-015
- Anti-Money Laundering (AML) Law No. 06-066