Financial Crime World

Mali’s Justice System Paralysed by Corruption and Insecurity

Bamako, Mali - Mali’s judicial system is facing a perfect storm of challenges, including chronic underfunding, corruption, and insecurity, which are hindering the restoration of the rule of law in the country.

Challenges to the Judicial System


  • High levels of impunity and restricted access to justice have contributed to the entrenchment of organized crime in Mali.
  • Despite supervisory bodies and quality reports, those involved in illicit activities are rarely prosecuted due to resource constraints and a lack of political will.
  • The Malian judiciary has been plagued by neglect and mismanagement, with many judicial personnel abandoning their posts in the face of insecurity, mostly in northern and central regions.

Consequences for the Population


  • Extended pre-trial detention for many detainees, as courts struggle to process cases effectively.
  • Customary justice institutions are often preferred by Malian individuals for civil disputes, but they do not have the capacity to enforce decisions, and law enforcement does not consistently support them.

Law Enforcement Struggles with Corruption and Limited Resources


  • The country’s law enforcement agencies are struggling with corruption, inadequate resources, and limited training.
  • Local police and gendarmes have been accused of complicity in supporting forced labour and sex trafficking, while armed groups allied with Al-Qaeda and the Islamic State continue to mount attacks on security forces.

Economic and Financial Challenges


  • Mali’s economic regulatory environment is considered weak, with trafficking playing a significant role in the country’s social and economic structure.
  • The illicit trade of goods, including fuel, subsidized foodstuffs, cigarettes, and other items, is deeply embedded.
  • The country’s cash-based economy complicates efforts to track illegal financial transactions.

Civil Society and Social Protection


  • While the government collaborates with NGOs and international organizations to refer trafficking victims to assistance services, support remains insufficient.
  • Most services are provided by NGOs funded by private and international donors, but there is a lack of standard identification procedures and formal referral mechanisms.

Sanctions and Economic Impact


  • Mali has been subject to sanctions imposed by the ECOWAS from January to early July 2022, including the closure of borders, suspension of commercial and financial transactions (with exceptions for essential goods), and freezing of assets in ECOWAS central banks.
  • These sanctions have already had an impact, with Mali defaulting on considerable interest and principal payments and inflation rates increasing.

Conclusion


Mali is facing a perfect storm of challenges that are hindering the restoration of the rule of law and stability in the country. The judicial system is paralyzed by corruption and insecurity, while law enforcement agencies struggle with limited resources and training. The economic regulatory environment is weak, and the country’s cash-based economy complicates efforts to track illegal financial transactions.

It is imperative that the government addresses these challenges and works towards creating a more stable and secure environment for its citizens.