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Mali’s Anti-Corruption Efforts: A Mixed Bag

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Bamako, Mali - As the global fight against corruption gains momentum, Mali is taking steps to strengthen its anti-corruption laws. However, a recent report by GIABA (Inter-Governmental Action Group Against Money Laundering in West Africa) has highlighted some important gaps in the country’s legal framework.

Challenges in Malian Anti-Corruption Laws

The UNCAC defines corruption as “the abuse or misuse of public power for private gain,” and provides a list of offenses that must be criminalized by states parties. While Mali has criminalized most of these offenses, there are still significant shortcomings.

Limited Coverage of Indirect Corrupt Behaviors

In Mali, bribery of national public officials is criminalized under Article 120 of the Penal Code, which punishes anyone who uses threats, promises, offers, gifts, or presents to obtain an act or favor. However, the report notes that indirect corrupt behaviors are not adequately covered in Malian law.

Restrictive Definition of “Public Official”

The country’s anti-corruption efforts are also hampered by a restrictive definition of “public official,” which is limited to those holding administrative, judicial, military, or similar positions. This means that corruption committed by private sector officials or individuals with influence may not be considered as serious offenses.

Inconsistencies in the Criminal Code

Furthermore, the report highlights inconsistencies in Mali’s criminal code. For example:

  • The offense of abuse of functions is limited to government procurement.
  • Concealment is only punishable if it occurs in certain contexts.

Progress and Challenges

Despite these challenges, Mali has made some progress in recent years. The country ratified the UNCAC in 2008 and has implemented a law on the prevention and repression of illicit enrichment (PREI). Additionally, a new anti-money laundering (AML) law was adopted in 2006, which criminalizes money laundering and defines it as “any act or omission aimed at concealing or disguising the origin, location, movement or transfer of property.”

Conclusion

In conclusion, while Mali has taken steps to strengthen its anti-corruption laws, there are still significant gaps that need to be addressed. The country must work to broaden its definition of public officials and ensure that all forms of corruption are criminalized.