The Malian government hopes to hold a constitutional referendum that would increase presidential powers and would create a Senate. Initially, the referendum’s path ran smooth: on June 3 (French), the National Assembly voted 111-35 approving the proposed text, and on June 6 (French), the Constitutional Court affirmed the constitutionality of the text. But then opposition parties and civil society activists mounted significant protests against the idea – enough to prompt the Malian government to postpone the referendum indefinitely.
Now, it looks like the referendum will re-travel the same circuit. With the opposition formally challenging the constitutionality of the referendum, the Constitutional Court weighed in again (French). This time, once more, the court upheld the basic constitutionality of the proposed referendum. The court rejected the opposition’s argument that because of widespread insecurity in northern and central Mali, the country lacks the territorial integrity that the 1992 constitution makes a necessary condition for holding any such vote. However, the court did accept the opposition’s arguments on other points – noting, for example (French), that the proposed referendum text does not state the tenure of certain senators. Two-thirds of the proposed senators will be elected and will serve five years, but the text does not currently say how long the one-third who are appointed by the president will serve. To rectify the omission, the court has returned the text to the National Assembly for redrafting. President Ibrahim Boubacar Keïta has said he is committed to the passage of the referendum.
If the legal issues are partly resolved, the political conflict is not. The opposition remains committed to defeating the referendum – preferably, for the opposition, by preventing it from coming to a vote at all. To that effect, the anti-referendum coalition is planning (French) “a national march, a sit-in in front of the Constitutional Court, a series of meetings with the accredited diplomatic corps in Mali, ‘dead city days’ [i.e., general strikes], and civil disobedience.”