Malians voted in support of a new draft constitution prepared by the military junta, which makes important and controversial changes to the country’s political structure. The amendments are expected to facilitate a transition to civilian leadership in the West African country.
The changes were passed in a referendum, with 97% of those who cast their ballots approving the new constitution, according to Mali’s electoral authority.
The draft is a response to the peculiar political situation that the country has been experiencing for years. It emphasizes the defense of national sovereignty and the fight against corruption.
Observers have voiced concerns over the amendments, saying they will enable the military to stay in power beyond elections next year. The amendments will expand the role of the president and the military.
Despite criticism of the constitutional changes themselves, the United Nations and regional bodies view the junta’s decision to hold the referendum as an important test for the junta, the Deutscher Welle reports.
Among the key changes to the constitution, it affirms that “Mali is an independent, sovereign, unitary, indivisible, democratic, secular and social Republic” and that “All Malians are born and remain free and equal in rights and duties”.
The text also guarantees respect for human rights, freedom of thought, religion and expression, trade union freedom, the right to strike and the right of all to a fair trial. It insists that “Suffrage shall be universal, equal and secret”.
The new constitution gives strong powers to the president. It says that the President “shall determine the policy of the Nation”, whereas under the current Constitution, dating from 1992, this is done by the government. The President appoints the Prime Minister and ministers and dismisses them. “The government is responsible to the President”, rather than to the Assembly.
Experts say the new document may have created more political complications as it makes the process of impeaching the president very difficult. They say by its wording, the president can be impeached by Parliament for “high treason”, but “high treason” is not clearly defined and, with the powers granted the executive arm, this would be almost impossible to pull through.
The new constitution is a shift from a semi-presidential to a presidential regime. The president is elected for five years by direct universal suffrage. He can only be re-elected once.
Some opinions suggest that the constitution appears a paradox on its stance against coup d’etats. Mali has seen three coups d’état since 1991 and five since independence. While the draft says that “Any coup d’état is an imprescriptible crime”, according to article 188, it says “acts committed prior to the promulgation (of the new Constitution) and covered by amnesty laws cannot, under any circumstances, be prosecuted”, thereby granting leaders of the junta amnesty from prosecution. The draft also states that “the State shall ensure that the Armed and Security Forces have, at all times, (the) capabilities required for their mission”, thereby enshrining the dominance of the armed forces.
A Senate has also been created, in addition to the existing National Assembly, as well as a Court of Auditors, responsible for auditing public finances. MPs and senators will be obliged to submit a declaration of assets, which will be updated each year.
By the new constitution, the multitude of traditional languages used in Mali will become official languages. French has been demoted to a working language.
The new constitution signals a major political shift for Mali, and prepares it for a new environment in which respect for key elements that define its diverse social and political environment must be respected, experts say.
