Mali’s Struggle to Combat Corruption: AML/CFT Uniform Law Lacking

In a bid to combat corruption, Mali has adopted an Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) uniform law. However, experts argue that it still lacks teeth in tackling the country’s corruption epidemic.

The Issues with the AML/CFT Law

The AML/CFT law defines predicate offenses as “any crime or offense within the meaning of the law… that has allowed its perpetrator to obtain assets or income.” Critics argue that this definition does not adequately cover indirect corrupt behaviors and favors certain crimes over others.

Corruption in Mali: A Significant Issue

Corruption is a significant issue in Mali, with many government officials and public servants engaging in illegal activities. The country’s Penal Code (CPM) criminalizes most corruption offenses covered by the United Nations Convention against Corruption (UNCAC). However, experts say that there are gaps in the CPM definition of “public official” compared to the UNCAC definition.

Key Differences

• Public Official Definition: The UNCAC defines a public official as any person holding a legislative, executive, administrative or judicial office of a state party, while Mali’s CPM only covers public officials of administrative or judicial status, military and similar personnel.
• Offense Criminalization: Certain offenses are criminalized too restrictively in Mali’s laws. For example, the offense of favoritism is limited to government procurement, while concealing party can only be punished as the principal perpetrator in certain violations.

Expert Concerns

Experts believe that these gaps hinder Mali’s efforts to combat corruption effectively. “Mali needs to strengthen its legal framework to ensure that all forms of corruption are adequately criminalized and prosecuted,” said a senior official at GIABA, the West African Financial Action Task Force.

Government Efforts

The Malian government has acknowledged these concerns and is working to address them. In 2019, the country adopted a Prevention and Repression of Illicit Enrichment (PREI) law, which aims to prevent public officials from enriching themselves illegally.

Way Forward

Despite these efforts, experts say that more needs to be done to combat corruption in Mali. “Corruption is a complex issue that requires sustained political will and commitment,” said the GIABA official. “Mali’s government must continue to work towards strengthening its legal framework and implementing effective measures to prevent and prosecute corruption.”