Mali: A New Slate of Judges for the Constitutional Court

A political crisis in Mali began with the legislative elections in March/April and escalated with the M5-RFP protest movement’s rallies in June and July – the M5-RFP being the June 5 Movement – Rally of Patriotic Forces, a coalition of civil society and opposition groups. The protesters have focused their energies on multiple targets: President Ibrahim Boubacar Keïta (IBK), his son Karim, the National Assembly, and the Constitutional Court. The protesters’ complaints about all of these figures and institutions are interlinked; among other relationships at play, it was the Constitutional Court that overturned the results of 31 legislative races and in so doing created one of the main grievances fueling the protests.

On August 7, President Keïta named a brand new slate of nine members for the Constitutional Court, fulfilling a pledge he had made and conforming to a demand from the Economic Community of West African States (ECOWAS), the regional bloc that is the lead mediator between IBK and the M5-RFP. The new slate take their oaths of office today, August 10.

The old, departing slate included Manassa Danioko, a career judge and diplomat who had been appointed president of the Court in 2015. She became a symbol for the M5-RFP of the Court’s corruption, while she presented herself as a defender of the Constitution. The letter of protest that she and two colleagues wrote to IBK protesting their dismissal – calling it unconstitutional and illegal – is worth reading, not just because it captures her perspective but also because it raises thorny issues about judicial independence. Various sides within Malian politics and the international community are trading accusations about what is constitutional or unconstitutional, and as actors improvise I don’t think either IBK or the M5-RFP can claim to be consistent defenders of the constitution. That does not mean, though, that I sympathize with Danioko – her approach to public relations during the protest has been poorly conceived, to say the least.

The formula for picking out the new judges was a bit complicated – three chosen by the president, three by the President of the National Assembly, Moussa Timbiné, and three chosen by the High Council of the Magistrature. Here is the list:

  1. Amadou Ousmane Touré, magistrate – picked by IBK
  2. Aser Kamaté, magistrate – picked by IBK
  3. Doucoure Kadidia Traoré, lawyer – picked by IBK
  4. Malick Ibrahim, lawyer – picked by Timbiné
  5. Ba Haoua Toumagnon, magistrate – picked by Timbiné
  6. Beyla Ba, retired magistrate – picked by Timbiné
  7. Demba Tall, magistrate – picked by High Council
  8. Mohamed Abdourahamane Maiga, magistrate – picked by High Council
  9. Djènéba Karambenta, magistrate – picked by High Council

The new president of the Court is the above-listed Amadou Touré, a prosecutor and former auditor general and ambassador to Cote d’Ivoire. Most recently he has been chief of staff to Prime Minister Boubou Cissé (h/t Serge Daniel).

I do not think these appointments will depoliticize the Court, either in practice or in the eyes of the M5-RFP. This is not a question about the qualifications of the new appointees, who all appear to be accomplished legal professionals – rather, it has to do with the mechanisms by which they were selected and, at least in Touré’s case, with their professional itineraries. Selecting an executive branch staffer to head a judicial institution whose independence is in question from multiple directions is not really a good look. The Nord Sud Journal even reports that another appointee, Demba Tall, is PM Cissé’s cousin (h/t Baba Ahmed), which takes us back to the question of family networks in Mali’s top institutions.

Also, as Andrew Lebovich points out, there is a problem with Timbiné getting to pick one-third of the new slate:

To spell this out further, Timbiné – although President of the National Assembly – is himself one of the 31 “mal-elected” deputies whom ECOWAS and others want gone from the legislature, or at least compelled to do a re-run election. And, moreover, the M5-RFP refused to participate in naming the new judges. So this overhaul of the Court ticks a box vis-a-vis ECOWAS’ stipulations, but is unlikely to mollify the protesters. IBK may have to rely on cracks within the M5-RFP, rather than these institutional shakeups (which are, I’m trying to say, likely less impactful than they might first seem), to withstand the protests.

 

 

 

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