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Mali’s Anti-Corruption Laws: A Review of the Criminal Code and International Obligations

Bamako, Mali - In a bid to combat corruption, Mali has signed and ratified several international treaties aimed at preventing bribery and other forms of corrupt practices. However, an analysis of the country’s criminal code reveals that its anti-corruption laws are limited in scope and may not fully align with international standards.

The Malian Criminal Code

The Malian Criminal Code (CPM) classifies offenses into three categories:

• Crimes: punishable by death or imprisonment
• Délits (felonies): punishable by imprisonment, community service, or fines
• Contraventions (misdemeanors): punished by a summary offense

Bribery in the CPM

According to Article 122 of the CPM, bribery is criminalized when a person uses threats, promises, offers, gifts, or presents to obtain an act or advantage from a public official. However, this provision does not cover indirect corrupt behaviors, which are defined in the United Nations Convention Against Corruption (UNCAC).

Comparison with UNCAC

The UNCAC defines corruption as including “the promise, offering or giving, directly or indirectly” of any benefit to influence a public official’s decision. In contrast, the CPM only criminalizes direct corrupt behaviors.

Offenses Not Fully Criminalized

• Abuse of functions: favoritism is limited to government procurement
• Concealment: the concealing party may only be punished as an accomplice in specific cases

International Obligations

The UNCAC also requires countries to criminalize:

• Bribery in the private sector
• Embezzlement
• Trading in influence
• Illicit enrichment

However, these offenses are not fully criminalized under Malian law.

Anti-Money Laundering Laws

Mali has ratified the UNCAC but has not signed the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The country’s anti-money laundering (AML) laws also do not fully align with international standards.

Conclusion

While Mali has taken steps to combat corruption by signing and ratifying international treaties, its criminal code needs to be revised to ensure that it fully aligns with international standards and covers all forms of corrupt practices. The government must take concrete actions to strengthen its anti-corruption laws and institutions to effectively prevent and punish corruption.

Table: Offenses of Corruption Covered by the UNCAC and Criminalized in Mali

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