Mali’s Anti-Corruption Laws Found Lacking
Bamako, Mali - A review of Mali’s anti-corruption laws has revealed significant gaps in the country’s legal framework for combating corruption.
Restrictive Definitions of Corruption Offenses
The Criminal Procedure Code (CPM) classifies offenses into three groups: “crimes” punishable by death or imprisonment, while “délits” and “contraventions” carry lighter penalties. However, experts say that the CPM’s definitions of corruption offenses are restrictive, failing to cover indirect corrupt behaviors.
Limitations in Criminalizing Certain Offenses
The code also criminalizes certain offenses too narrowly, such as the abuse of functions, which is limited to government procurement.
Inadequate Laws and Commitment to Combating Corruption
Mali signed the United Nations Convention Against Corruption (UNCAC) in 2003 and ratified it in 2008, committing to combat corruption through a range of measures. Yet, despite this commitment, the country’s anti-corruption laws remain inadequate.
Comparison with UNCAC Definition
| 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 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 |
Unratified OECD Convention
The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions has also gone unratified by Mali, raising concerns about the country’s commitment to combating corruption and its willingness to cooperate with international efforts to combat bribery.
Limited Scope of Existing Laws
The PREI law No. 14-015 aims to prevent and repress illicit enrichment, but its scope is limited to public officials, while the AML law No. 06-066 criminalizes money laundering, although there are inconsistencies in the penalties imposed.
Conclusion
Experts say that the lack of robust anti-corruption laws and enforcement mechanisms hinders efforts to combat corruption in Mali. The government must take concrete steps to strengthen its legal framework and improve cooperation with international organizations to effectively combat corruption.
Sources
- United Nations Convention Against Corruption
- OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
- Criminal Procedure Code (CPM)
- Prevention and Repression of Illicit Enrichment law No. 14-015
- AML law No. 06-066