Mali’s Fight Against Corruption: A Review of its Laws and Practices
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Mali has been a signatory to the United Nations Convention Against Corruption (UNCAC) since December 9, 2003, and ratified it on April 18, 2008. However, an analysis of Mali’s laws and practices reveals that they are not fully in line with international standards.
The Criminal Code of Mali
The Criminal Code of Mali (CPM) classifies offenses into three groups based on the severity of the penalty:
- Crimes: punishable by death, imprisonment for life, or imprisonment from five to 20 years
- Délits (felonies): punishable by imprisonment from 11 days to five years, work in the public interest, or a fine
- Contraventions (misdemeanors): punished by a summary offense
Comparison with UNCAC Standards
A comparison of Mali’s laws with those outlined in the UNCAC reveals several gaps. The CPM:
- Does not criminalize bribery in the private sector
- Does not criminalize embezzlement of property in the private sector
- Does not criminalize laundering of the proceeds of crime
- Has a limited scope for criminalizing certain offenses, such as abuse of functions and concealment
Offenses Covered by UNCAC and Criminalized in Mali
The following table outlines the offenses covered by the 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 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; Articles 112 to 119 CPM: Offense of favoritism |
| Illicit enrichment | Prevention and Repression of Illicit Enrichment (PREI) 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 |
Inconsistent Penalties for Money Laundering
The inconsistent penalties for money laundering under the CPM and AML Law No. 06-066 are also noteworthy.
Conclusion
In conclusion, while Mali has signed and ratified the UNCAC, its laws and practices fall short of international standards in several areas. The Malian government must take steps to strengthen its anti-corruption laws and ensure their effective implementation if it is to make progress in combating corruption.