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Post author By Charlie December 13, 2021
The Government System of Mali
theweeklyrambler.com/the-government-system-of-mali/
Mali is a landlocked country located in West Africa where it borders Algeria, Niger,
Burkina Faso, Ivory Coast, Guinea, Senegal, and Mauritania. Its capital city is Bamako
which is located in the southwestern part of the country on the river Niger. You may have
heard of Mali in the news recently due to two recent military coups that have taken place
in the country that have topple civilian governments, as well as the ongoing insurgency in
the North of the country, in which the French have intervened in militarily at the invitation
of Mali.
What is today Northern Mali is believed to have been inhabited since prehistoric times
back when it was fertile grassland unlike the desert it is now thanks to desertification, it is
now part of the Sahara Desert. Rock paintings and carvings give evidence of habitation
during such time period going back to at least 10,000 BC, and evidence of independent
invention of pottery goes back to 9,400 BC.
Early towns and cities were created in the first millennium BC by the Mande Peoples, who
are an ethnic group related to the Soninke peoples. Lucrative trans-Saharan trade in gold,
salt and slaves had begun by the 6th Century AD contributing to the rise of several
empires in West Africa. These three famed empires/Sahelian Kingdoms were major
powers for their time and competed amongst each other, the earliest being the Ghana
Empire, dominated by the Soninke Mande-speaking peoples. The Ghana Empire
expanded through West Africa from the 8th Century but met its end from 1078 when it
was conquered by the Almoravid Dynasty.
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The Mali Empire was the next to form on the upper Niger River where it reached its
greatest height of power during the 14th Century. During this time the cities of Djenne and
Timbuktu became major centers for trade and Islamic teaching. The Mali Empire was the
main power, including subjecting the Songhai. The Mali Empire would later decline due to
internal issues and the Songhai Empire would become independent and grow into the
main power in the region. The Songhai peoples had originated from what is today
northwestern Nigeria.
The Songhai Empire would expand and eventually gain the entire eastern portion of the
crumbling Mali Empire. The Songhai Empire would later collapse mostly due to an
invasion by the Saadi Sultanate from the area of modern-day Morrocco in 1591, with the
invasion being commanded by Judar Pasha. The fall of the Songhai Empire ended the
region’s trading crossroads, and with the Europeans establishing sea trade routes, the
trans-Saharan trade routes became obsolete.
During the 18th Century much strife would be brought to the region by a major famine
caused by drought and locusts, which led to many having no choice but to fall into the
ugly hands of slavery or face death from starvation. The area following the fall of the great
empires was not totally under control of any one force, there were
several successor states that followed and existed for periods of time, such as the
Bambara Empire or Kingdom of Segou from 1712 ruling parts of what is today central and
southern Mali until it was conquered by Umar Tall of the Toucouleur, completed in 1861.
Previous to this Umar Tall had also defeated the Kingdom of Kaarta which had split off
from Segou and had controlled parts of Western Mali from 1753 to 1854.
The Kenedougou Kingdom originated in the 17th Century on what is now the border
between Mali and Burkina Faso, it managed to resist efforts of the Wassoulou Empire to
conquer it, but would later be defeated by French colonial forces in 1898, being one of the
last places to fall to them.
The Toucouleur Empire existed from 1864 and controlled most of what is now modern-
day Mali, but this period was seen as an unstable time with continued resistance and
pressure from French colonial forces which would eventually subjugate them.
Finally, the Wassoulou Empire was short-lived, existing from 1878 in the predominantly
Mandinka area of modern-day upper Guinea and southwestern Mali before it moved to
the Ivory Coast and was conquered by French colonial forces in 1898.
The late 19th Century saw the arrival of French colonial control over the area, with most
of the area being firmly under French control by 1905 and incorporated into French
Sudan which was part of the larger French West Africa. French Sudan eventually
renamed itself to the Sudanese Republic and managed to gain autonomy in 1958 within
the French Community. Then in 1959 the Sudanese Republic and Senegal joined
together to form the Mali Federation which France allowed to become fully independent in
1960 with Modibo Keita as the first President.
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Senegal would soon withdraw from the federation in August 1960 and the Sudanese
Republic became the Republic of Mali in September 1960. Modibo Keita remained
President and under his Sudanese Union-African Democratic Rally party he quickly
consolidated power and declared a single-party socialist state with a strong basis on
nationalism. The country also attempted to adopt its own currency rather than relying on
the Franc Zone. Keita withdrew from the French Community and developed close ties
with the Eastern bloc.
From 1962 to 1964 the country would get its first taste of insurgency from the Tuareg’s in
the north of the country, with Mali needing the support of Morrocco and Algeria in order
to suppress it and following this the Tuareg regions were subject to military authority.
Due to the worsening economic situation in the country Keita rejoined the Franc Zone in
1967 as well as modifying some economic policies. But these changes would not come
quickly enough as Keita’s regime would be overthrown in a bloodless military coup in
November 1968 led by Moussa Traore, which is now seen as a Liberation Day in the
country despite it implementing the regime of a ruthless dictator.
A military-led regime was installed with Traore becoming President, he attempted to
reform the economy but was frustrated by ongoing political turmoil as well as a drought
that lasted until 1974 and killed thousands of people. Student protests against the regime
would begin in the late 1970s and there were several attempted military coups, which the
Traore regime managed to repress for now.
But continued failure in economic reform continued to grow further dissent, and with
growing calls for multi-party democracy to be established, the regime allowed some mild
liberal reforms, but refused full democracy. By 1990 strong opposition had continued to
mount against the regime and further complication came from the rise of ethnic violence
in the north of the country as many Tuareg’s returned and waged resistance.
Economic issues also continued to increase especially due to the introduction of strict
programs to satisfy demands of the IMF, the split between the general populace and
political elites grew larger and larger economically. Student protests during 1991 were
brutally suppressed by government forces which also included mass arrests and torture
of leaders and protesters.
The period between 22nd and 26th March 1991 saw mass pro-democracy protests as
well as a nationwide strike in both urban and rural communities, which became known as
the March Revolution. Soldiers opening fire on protesters led to the breaking out of riots
and construction of barricades and the Traore regime imposed a state of emergency.
But despite the deaths of hundreds the protests and calls for resignation and democracy
continued and with a growing number of soldiers refusing to shoot protesters, many also
begun to lay down their arms and join the side of the prodemocracy protesters.
Finally, these antigovernment protests spurred a military coup that toppled the Traore
regime, established a transitional government, and drafted a new democratic constitution.
Alpha Oumar Konare won the first democratic presidential election. The country entered
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into a period of political and social stability, although it would not last.
A renewed Tuareg rebellion begun in the North of the country in 2012 kicking off the Mali
War, being led by the National Movement for the Liberation of Azawad. Not long after this
a military coup toppled the government that same year citing the failure of the civilian
government to quell the Tuareg rebellion. The coup was viewed poorly by the wider
regional community with sanctions and an embargo put on Mali by the Economic
Community of West African States.
Among all the political chaos the MNLA took advantage and quickly took control of the
north of the country and declared independence as Azawad. But Islamic groups that had
allied with the MNLA, including Ansar Dine and Al-Qaeda in the Islamic Maghreb turned
on them and took control of the North themselves with an aim to implement Sharia law.
In January 2013 French Armed Forces intervened in the conflict at the request of the
interim government and joined with Malian forces to retake the North from the Islamic
insurgents, most of which was retaken although low-level fighting continues to this day as
well as a limited French presence.
Destabilization has also developed in the central part of the country since 2015 due to
land and natural resources tensions between agricultural communities such as the
Dogon, Bambara, and Fula, leading to the formation of self-defense militias and a
growing of ethnic tensions and instances of massacres against the Fula, the Malian
government has also been accused of using Bambara and Dogon militias as proxies.
In June 2020 popular unrest begun in the country over irregularities in the March and
April parliamentary elections, including the kidnapping of the opposition leader Soumaila
Cisse. The protests grew increasingly deadly and President Ibrahim Boubacar Keita
dissolved the constitutional court.
The unrest eventually led to members of the military launching a mutiny in August of that
year which developed into a successful military coup that removed the President and
civilian government from power. The coup leaders formed a committee and promised
elections in the future and a curfew was implemented. ECOWAS and the West
condemned the coup and demanded that President be reinstalled, but this demand was
ignored.
The committee eventually setup an agreed 18-month transition back to civilian rule and
put in place an interim government. But tensions persisted between elements of the
military and the interim government and soon after a Cabinet reshuffle that removed two
leaders of the 2020 coup, another military coup was launched in 2021 that toppled the
interim government and installed another interim government with a Malian military
officer Assimi Goita currently holding the post of President of the transitional
administration.
In response to yet another coup Mali was suspended from both ECOWAS and the African
Union who had clearly had enough of the shenanigans being perpetrated by the interests
of the Malian military leadership. France temporarily suspended military operations and
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national advisory missions with the Malian military but restarted them only a month later.
The democratic future of Mali remains uncertain for now. The Mali War and ethnic
tensions in the central area of the country continues amidst the political chaos.
Mali is made up of many ethnicities with the largest being the Bambara followed by the
Fula, Soninke, Senufo/Bwa, Malinke, Dogon, Songhai, Tuareg, and then Bobo as some of
the largest ethnic groups. The country’s official language is French with Arabic, Fulani,
and Mandinka as recognised as national languages. The largest religion is Sunni Islam.
The country’s currency is the West African CFA Franc, which is also used by Benin,
Burkina Faso, Guinea-Bissau, Ivory Coast, Niger, Senegal, and Togo. Mali’s population is
coming up to 21,097,000.
Government Type
Mali Coat of Arms.
So, things in Mali are not running exactly as they should really be under normal
circumstances having been complicated by not just one but two coups, there is currently
a transitional government in place with Colonel Assimi Goita as Interim President (again)
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and Choguel Kokalla Maiga as Interim Prime Minister, a leader of the M5 movement that
played a large role in the 2020 anti-government protests. Prior to the 24 May 2021 coup,
the former interim government and interim presidency that had been put into power
following the 2020 coup had promised fresh elections for both the legislative and
presidency would take place on 27 February 2022.
Although following the 2020 coup an independent (Bah Ndaw) was installed into the
presidency (after it was briefly held by Colonel Assimi Goita who then became Vice-
President), although Bah Ndaw was called an ‘independent’ despite being a former
Malian military officer (he was retired from that position) and had also served as Defense
Minister between 2014 and 2015. Nonetheless it was a little more civilian than military, but
he was pressured by international observers to appoint an actual civilian Prime Minister.
Of course, the coup that happened not long after the election announcement has possibly
thrown the date of fresh elections into some doubt, although Goita has said that the
elections will still be taking place, so we shall see if that is the case, and if they will be
free and fair. This time Assimi Goita has held on to the interim presidency and so it is
certainly under military control, although a civilian Prime Minister was appointed.
This post will not be looking into the current structure of the military junta/transitional
government, but into the structure of government as guided by Mali’s current Constitution
which is still in effect, which may well itself cover transitional government. But I just
thought I would let everyone know of Mali’s current predicament before beginning. It is of
note that the country’s Parliament has been dissolved since the 2020 coup and is not
scheduled to be re-elected until the stated 2022 date, as it stands a transitional council is
currently in place that represents the armed forces as well as limited representation of
certain political parties.
Mali is meant to be a semi-presidential representative democratic republic with
a civilian (by convention) President who is Head of State and a civilian (by convention)
Prime Minister who is Head of Government. The Parliamentary system is a unicameral
one which is made up of the National Assembly. Multiple parties are allowed, with all of
the political parties still operating under the current conditions. Of course, though, coups
will disrupt the ability of parties and Prime Minister’s to effectively govern, especially with
the dissolution of the National Assembly, which therefore disrupts the multi-party
democracy system and thus democracy as a whole for Mali (because you know,
removing the original democratically elected President and Parliament in 2020).
By the constitution political parties are bound to comply with the expression of suffrage,
respect the principles of national sovereignty, democracy, territorial integrity, national
unity, and the secularity of the State.
The Executive Government
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Government ministry buildings – located in the capital Bamako. Photo in the Public Domain.
There is a President who is Head of State (although the Constitution officially calls it the
Chief of State, which is merely just a difference in title, still the same thing) and who
oversees the country’s government and institutions and who is meant to ensure the
continuation of the constitution. Like many Presidents they are meant to be a unifying
force for the nation. He must also guarantee national independence, territorial integrity,
and respect of treaties and international agreements. He has a duty to assure the regular
functioning of public powers and the continuity of the State.
Presidential Absence and Vacancy
If the President is temporarily unable to perform within the office of President the office
will be provisionally exercised by the Prime Minister.
If the Presidency becomes vacant for any reason during an ongoing term, as declared by
the Constitutional Court seated by the President of the National Assembly and the Prime
Minister, then the President of the National Assembly shall become Interim President until
fresh elections are held. The Interim President is limited in their powers in areas that
include appointment of a Prime Minister and Cabinet and the placement of limits of their
power, dissolving of the National Assembly, submitting anything to a referendum, and
usage of exceptional powers under emergency provisions.
Fresh elections for the Presidency must take place within 21-40 days following a
vacancy.
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Assimi Goita as Interim President has certainly over-reached his authority when going by
what is stated here, and should not even be in the position at all as he was not the
President of the National Assembly. Fresh elections have certainly not been organised or
taken place within the prescribed time period. So, I would say that to me at least the
current interim presidency is quite unconstitutional and perhaps even by extension the
current Prime Minister and Government are illegitimate as it stands.
Presidential Powers and Duties
The President promulgates the laws passed by the Parliament within 15-days (or 8 if
urgency is declared). The President can choose to veto a passed law or certain articles of
it and return it to the National Assembly for another consideration.
The President may submit questions to a referendum of anything in the national interest,
any bill dealing with the organisation of public authority, entailing approval of
a Community agreement, or to authorize the ratification of a treaty that may affect the
functioning of existing institutions. But before submitting something to a referendum the
President must have a proposal from the Government, during the sessions of or upon
proposition of the National Assembly, after consultation by the Constitutional Court.
Following consultation with the Prime Minister and President of the National Assembly,
the President may dissolve the National Assembly for fresh elections held within 21-40
days, this action cannot be repeated in the year that follow these elections.
The President communicates with the National Assembly and the High Council of
Territorial Units.
The President is also the Commander-in-Chief of the country’s armed forces and as such
presides over the High Council and Committee of Defense of the National Defense.
He/she appoints high military officers as guided by law.
Many Presidents are a guarantor of judicial independence (which to some is
questionable) and it seems to be no different here with the President also being the
President of the High Council of the Judiciary. The President also has the power of
pardon and the ability to propose laws of amnesty.
The President accredits the ambassadors and envoys to foreign powers and those from
foreign powers are accredited to the President.
The President can delegate certain of his powers to the Prime Minister.
A number of the President’s powers require counter-signature by the Prime Minister and
in applicable cases by a Minister concerned to have any effect. Powers that do not
require any counter-signature are those to do with the appointment of Prime Minister
(who will be who has the most confidence anyway) and Government (which is done on
the recommendation of the Prime Minister anyway), submitting of questions to
referendum (which is done on proposal of Government/National Assembly anyway),
dissolving of the National Assembly (which the Prime Minister and President of the
National Assembly are consulted on nonetheless), the power of pardon, the power to
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propose laws of amnesty, his/her role as President of the High Council of the Judiciary,
and powers to do with State of Emergency and State of Siege (of which their declarations
involve much consultation nonetheless as stated in the next part on this).
Emergency Provisions
Under exceptional circumstances the President can declare a State of Siege or State of
Emergency to free up exceptional powers and suspend certain rights, but only after
consultation with the Council of Ministers. The President must also consult with the Prime
Minister, the President of the National Assembly, the President of the High Council of
Territorial Units, and with the Constitutional Court.
Such decrees can be considered when institutions of the Republic, independence of the
Nation, territorial integrity, or the fulfillment of international commitments are threatened in
a grave or immediate manner and also when the regular functioning of the Constitutional
governmental authorities are interrupted.
The application of exceptional powers by the President cannot compromise national
sovereignty or territorial integrity. Exceptional powers must be used to assure the
continuity of the State and reestablishment without delay the regular functioning of
institutions in conformity with the Constitution.
During this time the National Assembly meets by right and cannot be dissolved. After 10-
days of a State of Siege or State of Emergency the National Assembly will vote on
whether to extend it or not.
Interestingly other than that there are no further stated restrictions on usage of
exceptional powers or any stated default time limitations or stated mechanisms for the
National Assembly to end a State of Siege or State of Emergency, presumably this is
covered by legislation although it is safer to guarantee such constitutionally as to better
avoid exploitation, abuse and corruption.
Prime Minister and Government
The Government determines and conducts the policy of the Nation and prescribes for the
administration of the Armed Forces (didn’t stop the coups though). The Government is
responsible before the National Assembly and must maintain its confidence for the Prime
Minister and their Government to remain in power (or you know, just wait for another
coup). The Prime Minister, after deliberation with the Council of Ministers, pledges before
the National Assembly the responsibility of the Government with regard to its program or
eventually with a declaration of general policy.
The responsibility of the Government can be questioned by the introduction of a Motion of
Censure which requires at least one-tenth of members to back it for it to be introduced. It
requires a two-thirds majority in order to be adopted.
When a Motion of Censure is adopted by the National Assembly or when it disapproves
of the program or declaration of general policy of the Government, then the Prime
Minister must resign their Government.
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It is the job of the President to appoint the Prime Minister (who is the Head of
Government) following parliamentary elections or a change in government. The President
sets limits of the powers of the Prime Minister if he/she presents resignation of their
Government to the President.
The Prime Minister directs and coordinates the actions of the Government and is
responsible for the execution of national defense policy. The Prime Minister assures the
execution of legislation that has been promulgated into law by the President following its
passage through the National Assembly. The Prime Minister exercises the power of
regulation as guided by the Constitution. The Prime Minister can delegate certain of
his/her powers to his/her Ministers.
If needed, actions of the Prime Minister are countersigned by the relevant Minister to
have affect.
The President, on recommendation of the Prime Minister, appoints the members of
Government and sets limits on their powers.
The President appoints the civil servants as guided by law.
The President presides over the Council of Ministers, the highest executive decision-
making body, with the Prime Minister substituting in the President’s place as guided by
established conditions of the Constitution. The President signs the Ordinances and
decrees taken within the Council of Ministers.
The Council of Ministers actually name the members of the Supreme Court by decree,
which is something quite unique. This is the very same Supreme Court that the Prime
Minister and Ministers submit to the President of the Supreme Court a written declaration
of their good intentions, which is reaffirmed on an annual basis.
No member of Government can also hold a parliamentary mandate at the same time, or
hold any functions of professional representation at the national or local level, or of any
public employment or any professional or lucrative activity.
In order to carry out its program or in areas determined by law the Government may
demand the authorization of Parliament to take measures by ordinance that are usually
within the domain of the law during a specified period of time or between the two sessions
of the National Assembly. Such ordinances are taken in the Council of Ministers after
consulting with the Supreme Court. When adopted they have affect but will become null
and void if the bill for their ratification is not submitted to the National Assembly before the
date set by the enabling act.
Other Bodies and Appointments + Presidential Removal
As stated, as the guarantor of Judicial independence the President is assisted by the
High Council of the Judiciary. The makeup of the council is determined by an organic
law and so is not constitutionally fixed. This council is…
Charged with the progress of careers of Magistrates.
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Advises on all questions of the independence of the judiciary.
Decides on discipline of Magistrates.
The Supreme Court is the highest court of the land on all matters excluding that
reserved to the Constitutional Court. It includes a judicial section, an administrative
section, and an accounts section. An organic law determines its makeup and appointment
although we already know that the Council of Ministers is involved in this process. The
President appoints a Magistrate of the judicial order for President and Vice-President of
the Supreme Court from a suitable proposition of the High Council of the Judiciary.
The Constitutional Court is quite clearly the highest court for matters on the
Constitution. The court consists of nine Councilors that serve for 7-years and can be
reappointed only one further term. Three of the Councilors are appointed by the President
of the Republic with at least two of them being Jurists; another three are appointed by the
President of the National Assembly with at least two of them being Jurists; and three
Magistrates are appointed by the High Council of the Judiciary. President of the
Constitutional Court is elected among the nine members.
This court obligatorily decides on…
If organic laws and other laws are constitutional before they are promulgated.
If regulatory acts that affect fundamental rights of the human person and/or civil
liberties are constitutional.
Other categories of law and regulatory acts may also be deferred to this court as
well as treaties before they are ratified.
The constitutionality of Interior regulations of the National Assembly; High Council of
Territorial Units; and of the Economic, Social and Cultural Council.
Conflicts between institutions of the State regarding attribution.
The regularity of all elections and operations of referendum of which it proclaims the
results.
Resolves contested elections.
There is a High Court of Justice. This court is competent to judge the President of the
Republic and Ministers accussed before it by the National Assembly for high treason or
actions qualified as crimes or misdemeanors committed in the exercise of their functions
as well as their accomplices in the case of conspiracy against the security of the State.
The National Assembly can accuse the President or anyone else mentioned here via a
two-thirds majority vote of all members, and if convicted by this court they will be removed
from office.
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The High Court of Justice has nine members who are renewed by the National Assembly
every 5-years alongside their own term. The President of the High Court of Justice are
elected by the members of this court from among themselves.
There is a High Council of Territorial Units.
The members and the President, whom are elected via indirect suffrage, serve terms of 5-
years. The number of members and the conditions of their replacement are determined
via an organic law. The council cannot be dissolved.
Studies and gives considered advice concerning all policies of local and regional
development.
May make propositions to the Government for all questions concerning the
protection of the environment and the improvement of the quality of life of citizens
within the units. The Government shall be obligated to file a conforming bill within
15-days of this charge with the National Assembly.
The Government is obligated to solicit the advice of this council for all actions
concerning the domains cited above.
Members assure the representation of the territorial units of the Republic. Malians
outside of Mali are represented on this council.
The National Assembly and this council may convene in a limited committee at the
request of the Prime Minister.
The President of the National Assembly and the President of this council may call a
common session of Deputies and members of this council to consider local and
regional problems of national importance, such a session cannot exceed 15-days.
There is an Economic, Social and Cultural Council.
This council has competence in all aspects of economic, social and cultural development.
Members of the council are the representatives of syndicates, associations and socio-
professional groups, elected by the association or group of origin; the representatives of
the collectives designated by their peers; and the representatives of Malians abroad.
Associate members must be senior officers of the State from within the realm of economy,
society, and culture.
The council participates in all projects of national interest of an economic, social and
cultural character.
This council collects, and puts into suitable form, a yearly collection of aspirations,
the needs and the problems of civil society with directions and propositions, to the
attention of the President of the Republic, the Government, and the National
Assembly.
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The council is obligatorily consulted on any appropriations bill, any economic, social
or cultural program or plan as well as any legislative dispositions of a fiscal,
economic, cultural and social character.
The council may designate one of its members, upon demand of the President of
the Republic, the Government, or the National Assembly, to expound before them
the views of the council on the projects and propositions submitted to it.
The Government and National Assembly when in session have an obligation to give
effect to the views and reports formulated by this council within a maximum of 3-
months for the Government and before the end of the current session for the
National Assembly.
The council receives copies of laws, ordnances, and decrees from the moment of
their promulgation. The council is also apprised of decisions of the Government
relative to economic, social, and cultural organisation.
The Legislative Government
Meeting place of Mali’s National Assembly. Photo by Laurent Schaffar from Wikimedia
Commons. CC BY-SA 3.0. Source.
For now, the National Assembly is a unicameral Parliament, meaning there is no other
chamber higher or lower than it. The main jobs and responsibilities of the National
Assembly are to represent the people of the Nation, scrutinize and debate introduced
legislation, possibly amend such legislation, and either pass or reject such legislation.
Another big job is to supervise the actions and activities of the Prime Minister and
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Government and hold them to account, with the ability to withdraw confidence from the
Prime Minister and Government causing them to resign. It is meant to have 147-members
although this is not constitutionally fixed and can be changed via an organic law.
Organic laws are those that require different procedure, such as needing an absolute
majority to pass the National Assembly rather than just a simple majority, and before
being promulgated into law it must first be reviewed by the Constitutional Court.
The National Assembly also considers and votes on the Law of Finances that determines
the resources and duties of the State and determines the economic and social objectives.
The annual budget must be passed by the National Assembly within a certain period of
time, if it fails to be passed then the Government will establish a budget based on the
previous year’s after consultation with the Supreme Court.
Legislative bills can be introduced by the Government or by members of the National
Assembly.
The National Assembly can be called to an extraordinary session by the Prime Minister or
by a majority of its members on a specific agenda of importance.
The National Assembly decides on authorizing declarations of war.
The National Assembly establishes its own procedure to follow in-house. The President of
the National Assembly is elected from among themselves at the beginning of a new term,
the President of the National Assembly represents the National Assembly in an impartial
manner, regulates debate, enforces rules and procedure, and conducts the agenda of the
National Assembly.
The Electoral System
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Photo by Acntx from English Wikipedia. CC BY-SA 3.0. Source.
Presidential Elections are meant to happen every 5-years and a single person may only
hold office for two terms before having to step aside. The election requires a candidate to
win an absolute majority of the popular vote in the first round, if that does not happen a
single round is held between the top two candidates which is won by simple majority
popular vote.
Candidates must be of native Malian nationality and in possession of all their civic and
political rights. The Presidency cannot be held alongside any other political function, any
other electoral mandate, any public employment, or any other professional or lucrative
activity.
Elections for the National Assembly take place every 5-years to elect its current 147
members. Members are directly elected from single and multi-seat constituencies using
the two-round system, whereby a member needs an absolute majority of votes to win in
the first round and if no one meets that criteria a second round is held between the top
two candidates and is won by simple majority vote.
Sources
The source of this comes from Mali’s 1992 constitution. It is of note that an amendment
was planned to be approved via a referendum in 2021 but due to the coup it has for now
been indefinitely postponed but it is likely to be put back up again in the near future. The
main part of the amendment would see the creation of a bicameral parliament, adding a
Senate as the upper chamber of which one-third of its members would be appointed by
the President. The Senate would give increased representation to regions, including more
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sparsely populated areas in the north of the country which is favoured by separatists, and
of which is the main reason the amendment was created under a deal between the
government and separatists in the North. It is something that would hopefully bring more
peace and stability, although there is some opposition to giving the President the power to
appoint many of its members.
As always it is important to understand that although this post may be as up to date as
possible for now, I still may have misinterpreted some things and missed other things and
the constitution can change and also the fact that Mali can be an example of where the
Constitution is not followed properly, but this is also the case within many other countries
as well. The Constitution may be amended in the future to the point where this post may
eventually become outdated. Cross-research is always important if using this seriously.
It is also of note that the former Prime Minister (appointed following the 2020 coup) had
called for a brand-new Constitution to be adopted, although this has since been thrown
into uncertainty following the 2021 coup. But the possibility remains due to the nature of
Mali’s current administration that a new constitution could possibly be adopted in the
future, meaning this post would become outdated.
Amendments to the Constitution are proposed by the President of the Republic or by
members of the National Assembly with passage requiring a two-thirds majority vote of all
members of the National Assembly and approval in a referendum. Sections on integrity of
the State; republican and secular form of Government; and the multiparty system cannot
be amended. It is to be reminded that although there are unamendable parts to many
constitutions does not mean they cannot be amended… because you know, corruption
exists, and there is a fairly big loophole of simply just adopting an entirely new
constitution to amend such things rather than amending the existing constitution which
says you cannot do that, as soon as a new constitution is adopted through legitimate
procedure the previous one is null and void.

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The Government system of Mali

  • 1. 1/16 Post author By Charlie December 13, 2021 The Government System of Mali theweeklyrambler.com/the-government-system-of-mali/ Mali is a landlocked country located in West Africa where it borders Algeria, Niger, Burkina Faso, Ivory Coast, Guinea, Senegal, and Mauritania. Its capital city is Bamako which is located in the southwestern part of the country on the river Niger. You may have heard of Mali in the news recently due to two recent military coups that have taken place in the country that have topple civilian governments, as well as the ongoing insurgency in the North of the country, in which the French have intervened in militarily at the invitation of Mali. What is today Northern Mali is believed to have been inhabited since prehistoric times back when it was fertile grassland unlike the desert it is now thanks to desertification, it is now part of the Sahara Desert. Rock paintings and carvings give evidence of habitation during such time period going back to at least 10,000 BC, and evidence of independent invention of pottery goes back to 9,400 BC. Early towns and cities were created in the first millennium BC by the Mande Peoples, who are an ethnic group related to the Soninke peoples. Lucrative trans-Saharan trade in gold, salt and slaves had begun by the 6th Century AD contributing to the rise of several empires in West Africa. These three famed empires/Sahelian Kingdoms were major powers for their time and competed amongst each other, the earliest being the Ghana Empire, dominated by the Soninke Mande-speaking peoples. The Ghana Empire expanded through West Africa from the 8th Century but met its end from 1078 when it was conquered by the Almoravid Dynasty.
  • 2. 2/16 The Mali Empire was the next to form on the upper Niger River where it reached its greatest height of power during the 14th Century. During this time the cities of Djenne and Timbuktu became major centers for trade and Islamic teaching. The Mali Empire was the main power, including subjecting the Songhai. The Mali Empire would later decline due to internal issues and the Songhai Empire would become independent and grow into the main power in the region. The Songhai peoples had originated from what is today northwestern Nigeria. The Songhai Empire would expand and eventually gain the entire eastern portion of the crumbling Mali Empire. The Songhai Empire would later collapse mostly due to an invasion by the Saadi Sultanate from the area of modern-day Morrocco in 1591, with the invasion being commanded by Judar Pasha. The fall of the Songhai Empire ended the region’s trading crossroads, and with the Europeans establishing sea trade routes, the trans-Saharan trade routes became obsolete. During the 18th Century much strife would be brought to the region by a major famine caused by drought and locusts, which led to many having no choice but to fall into the ugly hands of slavery or face death from starvation. The area following the fall of the great empires was not totally under control of any one force, there were several successor states that followed and existed for periods of time, such as the Bambara Empire or Kingdom of Segou from 1712 ruling parts of what is today central and southern Mali until it was conquered by Umar Tall of the Toucouleur, completed in 1861. Previous to this Umar Tall had also defeated the Kingdom of Kaarta which had split off from Segou and had controlled parts of Western Mali from 1753 to 1854. The Kenedougou Kingdom originated in the 17th Century on what is now the border between Mali and Burkina Faso, it managed to resist efforts of the Wassoulou Empire to conquer it, but would later be defeated by French colonial forces in 1898, being one of the last places to fall to them. The Toucouleur Empire existed from 1864 and controlled most of what is now modern- day Mali, but this period was seen as an unstable time with continued resistance and pressure from French colonial forces which would eventually subjugate them. Finally, the Wassoulou Empire was short-lived, existing from 1878 in the predominantly Mandinka area of modern-day upper Guinea and southwestern Mali before it moved to the Ivory Coast and was conquered by French colonial forces in 1898. The late 19th Century saw the arrival of French colonial control over the area, with most of the area being firmly under French control by 1905 and incorporated into French Sudan which was part of the larger French West Africa. French Sudan eventually renamed itself to the Sudanese Republic and managed to gain autonomy in 1958 within the French Community. Then in 1959 the Sudanese Republic and Senegal joined together to form the Mali Federation which France allowed to become fully independent in 1960 with Modibo Keita as the first President.
  • 3. 3/16 Senegal would soon withdraw from the federation in August 1960 and the Sudanese Republic became the Republic of Mali in September 1960. Modibo Keita remained President and under his Sudanese Union-African Democratic Rally party he quickly consolidated power and declared a single-party socialist state with a strong basis on nationalism. The country also attempted to adopt its own currency rather than relying on the Franc Zone. Keita withdrew from the French Community and developed close ties with the Eastern bloc. From 1962 to 1964 the country would get its first taste of insurgency from the Tuareg’s in the north of the country, with Mali needing the support of Morrocco and Algeria in order to suppress it and following this the Tuareg regions were subject to military authority. Due to the worsening economic situation in the country Keita rejoined the Franc Zone in 1967 as well as modifying some economic policies. But these changes would not come quickly enough as Keita’s regime would be overthrown in a bloodless military coup in November 1968 led by Moussa Traore, which is now seen as a Liberation Day in the country despite it implementing the regime of a ruthless dictator. A military-led regime was installed with Traore becoming President, he attempted to reform the economy but was frustrated by ongoing political turmoil as well as a drought that lasted until 1974 and killed thousands of people. Student protests against the regime would begin in the late 1970s and there were several attempted military coups, which the Traore regime managed to repress for now. But continued failure in economic reform continued to grow further dissent, and with growing calls for multi-party democracy to be established, the regime allowed some mild liberal reforms, but refused full democracy. By 1990 strong opposition had continued to mount against the regime and further complication came from the rise of ethnic violence in the north of the country as many Tuareg’s returned and waged resistance. Economic issues also continued to increase especially due to the introduction of strict programs to satisfy demands of the IMF, the split between the general populace and political elites grew larger and larger economically. Student protests during 1991 were brutally suppressed by government forces which also included mass arrests and torture of leaders and protesters. The period between 22nd and 26th March 1991 saw mass pro-democracy protests as well as a nationwide strike in both urban and rural communities, which became known as the March Revolution. Soldiers opening fire on protesters led to the breaking out of riots and construction of barricades and the Traore regime imposed a state of emergency. But despite the deaths of hundreds the protests and calls for resignation and democracy continued and with a growing number of soldiers refusing to shoot protesters, many also begun to lay down their arms and join the side of the prodemocracy protesters. Finally, these antigovernment protests spurred a military coup that toppled the Traore regime, established a transitional government, and drafted a new democratic constitution. Alpha Oumar Konare won the first democratic presidential election. The country entered
  • 4. 4/16 into a period of political and social stability, although it would not last. A renewed Tuareg rebellion begun in the North of the country in 2012 kicking off the Mali War, being led by the National Movement for the Liberation of Azawad. Not long after this a military coup toppled the government that same year citing the failure of the civilian government to quell the Tuareg rebellion. The coup was viewed poorly by the wider regional community with sanctions and an embargo put on Mali by the Economic Community of West African States. Among all the political chaos the MNLA took advantage and quickly took control of the north of the country and declared independence as Azawad. But Islamic groups that had allied with the MNLA, including Ansar Dine and Al-Qaeda in the Islamic Maghreb turned on them and took control of the North themselves with an aim to implement Sharia law. In January 2013 French Armed Forces intervened in the conflict at the request of the interim government and joined with Malian forces to retake the North from the Islamic insurgents, most of which was retaken although low-level fighting continues to this day as well as a limited French presence. Destabilization has also developed in the central part of the country since 2015 due to land and natural resources tensions between agricultural communities such as the Dogon, Bambara, and Fula, leading to the formation of self-defense militias and a growing of ethnic tensions and instances of massacres against the Fula, the Malian government has also been accused of using Bambara and Dogon militias as proxies. In June 2020 popular unrest begun in the country over irregularities in the March and April parliamentary elections, including the kidnapping of the opposition leader Soumaila Cisse. The protests grew increasingly deadly and President Ibrahim Boubacar Keita dissolved the constitutional court. The unrest eventually led to members of the military launching a mutiny in August of that year which developed into a successful military coup that removed the President and civilian government from power. The coup leaders formed a committee and promised elections in the future and a curfew was implemented. ECOWAS and the West condemned the coup and demanded that President be reinstalled, but this demand was ignored. The committee eventually setup an agreed 18-month transition back to civilian rule and put in place an interim government. But tensions persisted between elements of the military and the interim government and soon after a Cabinet reshuffle that removed two leaders of the 2020 coup, another military coup was launched in 2021 that toppled the interim government and installed another interim government with a Malian military officer Assimi Goita currently holding the post of President of the transitional administration. In response to yet another coup Mali was suspended from both ECOWAS and the African Union who had clearly had enough of the shenanigans being perpetrated by the interests of the Malian military leadership. France temporarily suspended military operations and
  • 5. 5/16 national advisory missions with the Malian military but restarted them only a month later. The democratic future of Mali remains uncertain for now. The Mali War and ethnic tensions in the central area of the country continues amidst the political chaos. Mali is made up of many ethnicities with the largest being the Bambara followed by the Fula, Soninke, Senufo/Bwa, Malinke, Dogon, Songhai, Tuareg, and then Bobo as some of the largest ethnic groups. The country’s official language is French with Arabic, Fulani, and Mandinka as recognised as national languages. The largest religion is Sunni Islam. The country’s currency is the West African CFA Franc, which is also used by Benin, Burkina Faso, Guinea-Bissau, Ivory Coast, Niger, Senegal, and Togo. Mali’s population is coming up to 21,097,000. Government Type Mali Coat of Arms. So, things in Mali are not running exactly as they should really be under normal circumstances having been complicated by not just one but two coups, there is currently a transitional government in place with Colonel Assimi Goita as Interim President (again)
  • 6. 6/16 and Choguel Kokalla Maiga as Interim Prime Minister, a leader of the M5 movement that played a large role in the 2020 anti-government protests. Prior to the 24 May 2021 coup, the former interim government and interim presidency that had been put into power following the 2020 coup had promised fresh elections for both the legislative and presidency would take place on 27 February 2022. Although following the 2020 coup an independent (Bah Ndaw) was installed into the presidency (after it was briefly held by Colonel Assimi Goita who then became Vice- President), although Bah Ndaw was called an ‘independent’ despite being a former Malian military officer (he was retired from that position) and had also served as Defense Minister between 2014 and 2015. Nonetheless it was a little more civilian than military, but he was pressured by international observers to appoint an actual civilian Prime Minister. Of course, the coup that happened not long after the election announcement has possibly thrown the date of fresh elections into some doubt, although Goita has said that the elections will still be taking place, so we shall see if that is the case, and if they will be free and fair. This time Assimi Goita has held on to the interim presidency and so it is certainly under military control, although a civilian Prime Minister was appointed. This post will not be looking into the current structure of the military junta/transitional government, but into the structure of government as guided by Mali’s current Constitution which is still in effect, which may well itself cover transitional government. But I just thought I would let everyone know of Mali’s current predicament before beginning. It is of note that the country’s Parliament has been dissolved since the 2020 coup and is not scheduled to be re-elected until the stated 2022 date, as it stands a transitional council is currently in place that represents the armed forces as well as limited representation of certain political parties. Mali is meant to be a semi-presidential representative democratic republic with a civilian (by convention) President who is Head of State and a civilian (by convention) Prime Minister who is Head of Government. The Parliamentary system is a unicameral one which is made up of the National Assembly. Multiple parties are allowed, with all of the political parties still operating under the current conditions. Of course, though, coups will disrupt the ability of parties and Prime Minister’s to effectively govern, especially with the dissolution of the National Assembly, which therefore disrupts the multi-party democracy system and thus democracy as a whole for Mali (because you know, removing the original democratically elected President and Parliament in 2020). By the constitution political parties are bound to comply with the expression of suffrage, respect the principles of national sovereignty, democracy, territorial integrity, national unity, and the secularity of the State. The Executive Government th th
  • 7. 7/16 Government ministry buildings – located in the capital Bamako. Photo in the Public Domain. There is a President who is Head of State (although the Constitution officially calls it the Chief of State, which is merely just a difference in title, still the same thing) and who oversees the country’s government and institutions and who is meant to ensure the continuation of the constitution. Like many Presidents they are meant to be a unifying force for the nation. He must also guarantee national independence, territorial integrity, and respect of treaties and international agreements. He has a duty to assure the regular functioning of public powers and the continuity of the State. Presidential Absence and Vacancy If the President is temporarily unable to perform within the office of President the office will be provisionally exercised by the Prime Minister. If the Presidency becomes vacant for any reason during an ongoing term, as declared by the Constitutional Court seated by the President of the National Assembly and the Prime Minister, then the President of the National Assembly shall become Interim President until fresh elections are held. The Interim President is limited in their powers in areas that include appointment of a Prime Minister and Cabinet and the placement of limits of their power, dissolving of the National Assembly, submitting anything to a referendum, and usage of exceptional powers under emergency provisions. Fresh elections for the Presidency must take place within 21-40 days following a vacancy.
  • 8. 8/16 Assimi Goita as Interim President has certainly over-reached his authority when going by what is stated here, and should not even be in the position at all as he was not the President of the National Assembly. Fresh elections have certainly not been organised or taken place within the prescribed time period. So, I would say that to me at least the current interim presidency is quite unconstitutional and perhaps even by extension the current Prime Minister and Government are illegitimate as it stands. Presidential Powers and Duties The President promulgates the laws passed by the Parliament within 15-days (or 8 if urgency is declared). The President can choose to veto a passed law or certain articles of it and return it to the National Assembly for another consideration. The President may submit questions to a referendum of anything in the national interest, any bill dealing with the organisation of public authority, entailing approval of a Community agreement, or to authorize the ratification of a treaty that may affect the functioning of existing institutions. But before submitting something to a referendum the President must have a proposal from the Government, during the sessions of or upon proposition of the National Assembly, after consultation by the Constitutional Court. Following consultation with the Prime Minister and President of the National Assembly, the President may dissolve the National Assembly for fresh elections held within 21-40 days, this action cannot be repeated in the year that follow these elections. The President communicates with the National Assembly and the High Council of Territorial Units. The President is also the Commander-in-Chief of the country’s armed forces and as such presides over the High Council and Committee of Defense of the National Defense. He/she appoints high military officers as guided by law. Many Presidents are a guarantor of judicial independence (which to some is questionable) and it seems to be no different here with the President also being the President of the High Council of the Judiciary. The President also has the power of pardon and the ability to propose laws of amnesty. The President accredits the ambassadors and envoys to foreign powers and those from foreign powers are accredited to the President. The President can delegate certain of his powers to the Prime Minister. A number of the President’s powers require counter-signature by the Prime Minister and in applicable cases by a Minister concerned to have any effect. Powers that do not require any counter-signature are those to do with the appointment of Prime Minister (who will be who has the most confidence anyway) and Government (which is done on the recommendation of the Prime Minister anyway), submitting of questions to referendum (which is done on proposal of Government/National Assembly anyway), dissolving of the National Assembly (which the Prime Minister and President of the National Assembly are consulted on nonetheless), the power of pardon, the power to
  • 9. 9/16 propose laws of amnesty, his/her role as President of the High Council of the Judiciary, and powers to do with State of Emergency and State of Siege (of which their declarations involve much consultation nonetheless as stated in the next part on this). Emergency Provisions Under exceptional circumstances the President can declare a State of Siege or State of Emergency to free up exceptional powers and suspend certain rights, but only after consultation with the Council of Ministers. The President must also consult with the Prime Minister, the President of the National Assembly, the President of the High Council of Territorial Units, and with the Constitutional Court. Such decrees can be considered when institutions of the Republic, independence of the Nation, territorial integrity, or the fulfillment of international commitments are threatened in a grave or immediate manner and also when the regular functioning of the Constitutional governmental authorities are interrupted. The application of exceptional powers by the President cannot compromise national sovereignty or territorial integrity. Exceptional powers must be used to assure the continuity of the State and reestablishment without delay the regular functioning of institutions in conformity with the Constitution. During this time the National Assembly meets by right and cannot be dissolved. After 10- days of a State of Siege or State of Emergency the National Assembly will vote on whether to extend it or not. Interestingly other than that there are no further stated restrictions on usage of exceptional powers or any stated default time limitations or stated mechanisms for the National Assembly to end a State of Siege or State of Emergency, presumably this is covered by legislation although it is safer to guarantee such constitutionally as to better avoid exploitation, abuse and corruption. Prime Minister and Government The Government determines and conducts the policy of the Nation and prescribes for the administration of the Armed Forces (didn’t stop the coups though). The Government is responsible before the National Assembly and must maintain its confidence for the Prime Minister and their Government to remain in power (or you know, just wait for another coup). The Prime Minister, after deliberation with the Council of Ministers, pledges before the National Assembly the responsibility of the Government with regard to its program or eventually with a declaration of general policy. The responsibility of the Government can be questioned by the introduction of a Motion of Censure which requires at least one-tenth of members to back it for it to be introduced. It requires a two-thirds majority in order to be adopted. When a Motion of Censure is adopted by the National Assembly or when it disapproves of the program or declaration of general policy of the Government, then the Prime Minister must resign their Government.
  • 10. 10/16 It is the job of the President to appoint the Prime Minister (who is the Head of Government) following parliamentary elections or a change in government. The President sets limits of the powers of the Prime Minister if he/she presents resignation of their Government to the President. The Prime Minister directs and coordinates the actions of the Government and is responsible for the execution of national defense policy. The Prime Minister assures the execution of legislation that has been promulgated into law by the President following its passage through the National Assembly. The Prime Minister exercises the power of regulation as guided by the Constitution. The Prime Minister can delegate certain of his/her powers to his/her Ministers. If needed, actions of the Prime Minister are countersigned by the relevant Minister to have affect. The President, on recommendation of the Prime Minister, appoints the members of Government and sets limits on their powers. The President appoints the civil servants as guided by law. The President presides over the Council of Ministers, the highest executive decision- making body, with the Prime Minister substituting in the President’s place as guided by established conditions of the Constitution. The President signs the Ordinances and decrees taken within the Council of Ministers. The Council of Ministers actually name the members of the Supreme Court by decree, which is something quite unique. This is the very same Supreme Court that the Prime Minister and Ministers submit to the President of the Supreme Court a written declaration of their good intentions, which is reaffirmed on an annual basis. No member of Government can also hold a parliamentary mandate at the same time, or hold any functions of professional representation at the national or local level, or of any public employment or any professional or lucrative activity. In order to carry out its program or in areas determined by law the Government may demand the authorization of Parliament to take measures by ordinance that are usually within the domain of the law during a specified period of time or between the two sessions of the National Assembly. Such ordinances are taken in the Council of Ministers after consulting with the Supreme Court. When adopted they have affect but will become null and void if the bill for their ratification is not submitted to the National Assembly before the date set by the enabling act. Other Bodies and Appointments + Presidential Removal As stated, as the guarantor of Judicial independence the President is assisted by the High Council of the Judiciary. The makeup of the council is determined by an organic law and so is not constitutionally fixed. This council is… Charged with the progress of careers of Magistrates.
  • 11. 11/16 Advises on all questions of the independence of the judiciary. Decides on discipline of Magistrates. The Supreme Court is the highest court of the land on all matters excluding that reserved to the Constitutional Court. It includes a judicial section, an administrative section, and an accounts section. An organic law determines its makeup and appointment although we already know that the Council of Ministers is involved in this process. The President appoints a Magistrate of the judicial order for President and Vice-President of the Supreme Court from a suitable proposition of the High Council of the Judiciary. The Constitutional Court is quite clearly the highest court for matters on the Constitution. The court consists of nine Councilors that serve for 7-years and can be reappointed only one further term. Three of the Councilors are appointed by the President of the Republic with at least two of them being Jurists; another three are appointed by the President of the National Assembly with at least two of them being Jurists; and three Magistrates are appointed by the High Council of the Judiciary. President of the Constitutional Court is elected among the nine members. This court obligatorily decides on… If organic laws and other laws are constitutional before they are promulgated. If regulatory acts that affect fundamental rights of the human person and/or civil liberties are constitutional. Other categories of law and regulatory acts may also be deferred to this court as well as treaties before they are ratified. The constitutionality of Interior regulations of the National Assembly; High Council of Territorial Units; and of the Economic, Social and Cultural Council. Conflicts between institutions of the State regarding attribution. The regularity of all elections and operations of referendum of which it proclaims the results. Resolves contested elections. There is a High Court of Justice. This court is competent to judge the President of the Republic and Ministers accussed before it by the National Assembly for high treason or actions qualified as crimes or misdemeanors committed in the exercise of their functions as well as their accomplices in the case of conspiracy against the security of the State. The National Assembly can accuse the President or anyone else mentioned here via a two-thirds majority vote of all members, and if convicted by this court they will be removed from office.
  • 12. 12/16 The High Court of Justice has nine members who are renewed by the National Assembly every 5-years alongside their own term. The President of the High Court of Justice are elected by the members of this court from among themselves. There is a High Council of Territorial Units. The members and the President, whom are elected via indirect suffrage, serve terms of 5- years. The number of members and the conditions of their replacement are determined via an organic law. The council cannot be dissolved. Studies and gives considered advice concerning all policies of local and regional development. May make propositions to the Government for all questions concerning the protection of the environment and the improvement of the quality of life of citizens within the units. The Government shall be obligated to file a conforming bill within 15-days of this charge with the National Assembly. The Government is obligated to solicit the advice of this council for all actions concerning the domains cited above. Members assure the representation of the territorial units of the Republic. Malians outside of Mali are represented on this council. The National Assembly and this council may convene in a limited committee at the request of the Prime Minister. The President of the National Assembly and the President of this council may call a common session of Deputies and members of this council to consider local and regional problems of national importance, such a session cannot exceed 15-days. There is an Economic, Social and Cultural Council. This council has competence in all aspects of economic, social and cultural development. Members of the council are the representatives of syndicates, associations and socio- professional groups, elected by the association or group of origin; the representatives of the collectives designated by their peers; and the representatives of Malians abroad. Associate members must be senior officers of the State from within the realm of economy, society, and culture. The council participates in all projects of national interest of an economic, social and cultural character. This council collects, and puts into suitable form, a yearly collection of aspirations, the needs and the problems of civil society with directions and propositions, to the attention of the President of the Republic, the Government, and the National Assembly.
  • 13. 13/16 The council is obligatorily consulted on any appropriations bill, any economic, social or cultural program or plan as well as any legislative dispositions of a fiscal, economic, cultural and social character. The council may designate one of its members, upon demand of the President of the Republic, the Government, or the National Assembly, to expound before them the views of the council on the projects and propositions submitted to it. The Government and National Assembly when in session have an obligation to give effect to the views and reports formulated by this council within a maximum of 3- months for the Government and before the end of the current session for the National Assembly. The council receives copies of laws, ordnances, and decrees from the moment of their promulgation. The council is also apprised of decisions of the Government relative to economic, social, and cultural organisation. The Legislative Government Meeting place of Mali’s National Assembly. Photo by Laurent Schaffar from Wikimedia Commons. CC BY-SA 3.0. Source. For now, the National Assembly is a unicameral Parliament, meaning there is no other chamber higher or lower than it. The main jobs and responsibilities of the National Assembly are to represent the people of the Nation, scrutinize and debate introduced legislation, possibly amend such legislation, and either pass or reject such legislation. Another big job is to supervise the actions and activities of the Prime Minister and
  • 14. 14/16 Government and hold them to account, with the ability to withdraw confidence from the Prime Minister and Government causing them to resign. It is meant to have 147-members although this is not constitutionally fixed and can be changed via an organic law. Organic laws are those that require different procedure, such as needing an absolute majority to pass the National Assembly rather than just a simple majority, and before being promulgated into law it must first be reviewed by the Constitutional Court. The National Assembly also considers and votes on the Law of Finances that determines the resources and duties of the State and determines the economic and social objectives. The annual budget must be passed by the National Assembly within a certain period of time, if it fails to be passed then the Government will establish a budget based on the previous year’s after consultation with the Supreme Court. Legislative bills can be introduced by the Government or by members of the National Assembly. The National Assembly can be called to an extraordinary session by the Prime Minister or by a majority of its members on a specific agenda of importance. The National Assembly decides on authorizing declarations of war. The National Assembly establishes its own procedure to follow in-house. The President of the National Assembly is elected from among themselves at the beginning of a new term, the President of the National Assembly represents the National Assembly in an impartial manner, regulates debate, enforces rules and procedure, and conducts the agenda of the National Assembly. The Electoral System
  • 15. 15/16 Photo by Acntx from English Wikipedia. CC BY-SA 3.0. Source. Presidential Elections are meant to happen every 5-years and a single person may only hold office for two terms before having to step aside. The election requires a candidate to win an absolute majority of the popular vote in the first round, if that does not happen a single round is held between the top two candidates which is won by simple majority popular vote. Candidates must be of native Malian nationality and in possession of all their civic and political rights. The Presidency cannot be held alongside any other political function, any other electoral mandate, any public employment, or any other professional or lucrative activity. Elections for the National Assembly take place every 5-years to elect its current 147 members. Members are directly elected from single and multi-seat constituencies using the two-round system, whereby a member needs an absolute majority of votes to win in the first round and if no one meets that criteria a second round is held between the top two candidates and is won by simple majority vote. Sources The source of this comes from Mali’s 1992 constitution. It is of note that an amendment was planned to be approved via a referendum in 2021 but due to the coup it has for now been indefinitely postponed but it is likely to be put back up again in the near future. The main part of the amendment would see the creation of a bicameral parliament, adding a Senate as the upper chamber of which one-third of its members would be appointed by the President. The Senate would give increased representation to regions, including more
  • 16. 16/16 sparsely populated areas in the north of the country which is favoured by separatists, and of which is the main reason the amendment was created under a deal between the government and separatists in the North. It is something that would hopefully bring more peace and stability, although there is some opposition to giving the President the power to appoint many of its members. As always it is important to understand that although this post may be as up to date as possible for now, I still may have misinterpreted some things and missed other things and the constitution can change and also the fact that Mali can be an example of where the Constitution is not followed properly, but this is also the case within many other countries as well. The Constitution may be amended in the future to the point where this post may eventually become outdated. Cross-research is always important if using this seriously. It is also of note that the former Prime Minister (appointed following the 2020 coup) had called for a brand-new Constitution to be adopted, although this has since been thrown into uncertainty following the 2021 coup. But the possibility remains due to the nature of Mali’s current administration that a new constitution could possibly be adopted in the future, meaning this post would become outdated. Amendments to the Constitution are proposed by the President of the Republic or by members of the National Assembly with passage requiring a two-thirds majority vote of all members of the National Assembly and approval in a referendum. Sections on integrity of the State; republican and secular form of Government; and the multiparty system cannot be amended. It is to be reminded that although there are unamendable parts to many constitutions does not mean they cannot be amended… because you know, corruption exists, and there is a fairly big loophole of simply just adopting an entirely new constitution to amend such things rather than amending the existing constitution which says you cannot do that, as soon as a new constitution is adopted through legitimate procedure the previous one is null and void.