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.

 

 

 

What Role for the Chérif of Nioro in Mali’s Current Political Upheaval?

Mali is in the midst of a serious political upheaval now, as the June 5 Movement – so named for the date of its first protest – mobilizes tens of thousands of people in the capital Bamako to call on President Ibrahim Boubacar Keïta (IBK) to resign. The June 5 movement followed its June 5 protest with another on June 19, and the next rally is schedule for June 27.

I have discussed the organizers of the June 5 Movement in previous posts The most prominent of the organizers is the Muslim cleric Mahmoud Dicko. But I want to turn to a major Malian cleric who is playing a less direct but equally crucial role in the current moment. I am referring to Mohamed Ould Cheiknè Hamaullah, the Chérif of Nioro du Sahel. The Chérif is the foremost Sufi leader in Mali (Dicko is Salafi, or even post-Salafi). The Chérif has, in recent years, been publicly aligned with Dicko on various issues – including their mutual opposition to IBK’s re-election in 2018.

In between the June 5 protest and the June 19 protest, Prime Minister Boubou Cissé flew to Nioro (map) to meet the Chérif, after IBK had asked Cissé to stay on as Prime Minister while forming a “government of change.”

According to one readout of the two-hour meeting, Cissé asked three things of the Chérif: (1) Give his blessing for Cissé’s retention as Prime Minister; (2) Ask the June 5 organizers to delay the June 19 rally; and (3) Reopen his local shops. The Chérif agreed only to the first of these requests, and then made his own three requests, via Cissé, of IBK: (1) That IBK remove his (IBK’s) son Karim from positions of influence; (2) That the president restore the candidates in the legislative elections whose initial victories were overturned by the Constitutional Court; and (3) That the president fire Manassa Danioko, President of the Constitutional Court.

At the June 19 rally, Dicko affirmed that the Chérif supported the protest and had refused the government’s request to intercede.

What of Danioko? I am still finding the reporting about quite hard to sort through, and to tell who has resigned, but some sources say that Danioko is unwilling to step down, and that it would be legally quite complicated if not impossible for IBK to invoke Constitutional provisions that would allow him to dissolve the court.

Karim Keïta, an elected deputy representing a Bamako district and a key player in the president’s network, appears unlikely to step back from power either.

There is a lot more to say about the Chérif – for more context on him, see Benjamin Soares’ classic book Islam and the Prayer Economy. And see also Andrew Lebovich’s excellent 2019 paper on Mali’s clerics here.

In brief, the Chérif is playing a multi-faceted role now as (a) a powerful symbol of authority, one whose aura various actors are seeking to draw on, and (b) a key negotiator with the government in and of himself.

Finally, I recommend this piece by Olivier Dubois, discussing ways that the June 5 movement resonates – and does not resonate – in different parts of Mali, including the Kayes Region, where Nioro is situated.