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Mali’s Anti-Corruption Efforts Fall Short of International Standards

Bamako, Mali - Despite signing the United Nations Convention Against Corruption (UNCAC) in 2003, Mali’s anti-corruption laws have been criticized for being too restrictive and failing to criminalize certain offenses.

Criticisms of Malian Criminal Code

According to a recent analysis, the Malian Criminal Code (CPM) classifies offenses into three groups based on the severity of the penalty. However, this classification has been deemed inadequate by experts, who argue that it does not cover indirect corrupt behaviors or criminalize certain offenses such as bribery in the private sector and embezzlement of property.

Definition of Offenses

The CPM defines “crimes” as punishable by death, imprisonment for life, or imprisonment from 5 to 20 years. “Délits” (felonies) are punishable by imprisonment from 11 days to 5 years, while “contraventions” (misdemeanors) are punished with a summary offense.

Comparison with UNCAC

In contrast, the UNCAC defines bribery as “the promise, offering or giving, directly or indirectly, of any thing of value to any person in order to influence him to perform or cease from performing his official duties.” Mali’s laws do not seem to cover indirect corrupt behaviors, which is a significant gap in its anti-corruption efforts.

Restrictive Criminalization

The CPM also criminalizes certain offenses too restrictively. For example, the abuse of functions is limited to government procurement, and concealment is only considered an accomplice if committed in the context of specific violations.

Lack of Commitment to International Standards

Mali has ratified the UNCAC, but has not signed the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. This lack of commitment to international standards undermines its anti-corruption efforts and raises concerns about the country’s ability to combat corruption effectively.

Recommendations for Strengthening Anti-Corruption Laws

Experts argue that Mali needs to strengthen its anti-corruption laws by:

• Criminalizing indirect corrupt behaviors
• Expanding the scope of offenses such as abuse of functions and concealment
• Increasing penalties for corruption-related crimes

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

Conclusion

The Malian government has an obligation to strengthen its anti-corruption laws and commit to international standards to combat corruption effectively. Until then, concerns about the country’s ability to tackle corruption will remain unanswered.