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Mali’s Anti-Corruption Laws Fall Short of International Standards
Bamako, Mali - A recent analysis has revealed that Mali’s anti-corruption laws are inadequate and fail to meet international standards.
Criminal Code Penal (CPM)
According to the CPM, offenses are classified into three categories based on the severity of punishment: crimes, délits (felonies), and contraventions (misdemeanors).
- Crimes are punishable by death, imprisonment for life, or imprisonment from 5 to 20 years.
- Délits, which include felonies, are punishable by imprisonment from 11 days to 5 years, work in the public interest, or a fine.
- Contraventions are punished with a “peine de police” (summary offense).
Shortcomings of Mali’s Anti-Corruption Laws
Experts have criticized Mali’s anti-corruption laws for being overly restrictive and failing to criminalize certain offenses. For instance:
- The CPM does not seem to cover indirect corrupt behaviors, such as bribery of foreign public officials.
- The lack of criminalization of certain offenses, such as bribery of foreign public officials and embezzlement of property in the private sector.
- The restrictive definition of corruption, which only covers direct corrupt behaviors.
- The limited scope of the offense of abuse of functions, which is only applicable to government procurement.
Comparison with UNCAC
Mali has signed and ratified the United Nations Convention Against Corruption (UNCAC), which defines various offenses of corruption, including bribery, embezzlement, and abuse of functions. However, a comparison between the UNCAC and Mali’s CPM reveals significant differences in the scope and reach of anti-corruption laws.
Recommendations
The findings have raised concerns about the effectiveness of Mali’s anti-corruption efforts and the need for reforms to bring its laws in line with international standards. The country’s anti-corruption agencies and institutions must work to strengthen their laws and enforcement mechanisms to combat corruption effectively.
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 | 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 | Not criminalized |
| Embezzlement of property in the private sector | Not criminalized |
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