Transitional Justice in Mali: An Increasingly Complex Endeavour

In early February 2024, as the Africa Transitional Justice Legacy Fund (ATJLF) commenced its legacy phase, I embarked on a scoping mission to Mali to inform the Fund’s future grant making in the country. The visit was a stark contrast to my experience almost two years earlier in October 2022 when I visited the country. What I witnessed in February was a surprising 360 degree shift in context. Though some change in context was expected given the country’s recent political history, the switch in Mali has been quite radical. Thus, evidencing the extent of difference time and political dynamics can make on the progress of transitional justice processes in any given context. In this piece, I give an overview of this radical shift while showing how committed ATJLF remains to the course and cause of transitional justice in Mali.

Two years after the CVJR, concerns trail Mali’s Transitional Justice Process

In 2022, the Malian Government’s had a positive posture towards the work of the Truth, Justice and Reconciliation Commission (Commission Vérité Justice et Réconciliation – CVJR) and its closing phase was applauded by stakeholders. On my 2024 trip, however, the political will seemed to have drastically diminished. The government’s political posture has significantly impacted the country’s transitional justice process and the extent of civil society engagement. The proposals submitted by our partners in early 2023, for example, centered around the CVJR report – advocacy for its publication, the implementation of its recommendations, and its dissemination etc. Given the change in government posture, however, such open advocacy is no longer encouraged and worse, has become risky given the shrinking of the civic space.

The CVJR’s final report, submitted to the military government in December 2022, remains unpublished amidst perceived political reluctance

Despite the fact that there had been two coups between 2020 and 2022 when I visited, there was an open space for civil society engagement and advocacy which saw transitional justice take impressive strides in the military-led West African state. My February 2024 mission, on the other hand, happened at a critical time when the military Government had taken drastic steps that have weakened the TJ process in the country. As part of the peace accord signed in 2015 by the rebel forces and the Malian government, Mali created CVJR with the mission “to contribute to the establishment of lasting peace through the search for truth, reconciliation and the consolidation of national unity and democratic values.” The CVJR’s final report, submitted to the military government in December 2022, remains unpublished amidst perceived political reluctance. Despite ongoing atrocities, the truth-telling process and victim statements have also ceased since the Commission’s closure. The worsening security situation leads to daily new victims, leaving those previously interviewed by the CVJR uncertain about potential reparations and next steps.

ATJLF committed to Mali’s Transitional Justice Process Despite its Isolationism

From August 2022, Mali began to see the withdrawal of foreign governments and aid organizations starting with French troops stationed in Mali to support Sahel countries with the mission to fight against terrorism and followed by the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) in December 2023, both at the request of the Malian Government. Furthermore, the immediate termination of the Algiers Peace Accord in January 2024 adds complexity to the peace and stability prospects in Mali, raising concerns about increased conflict and strained regional relations, particularly with Algeria which the junta has accused of hostility and interference in its affairs. In the same vein, the Malian Government announced its withdrawal from ECOWAS on January 28, 2024, in a joint statement with Burkina Faso and Niger, to form the Alliance of Sahel States (AES), marking a significant shift in regional alliances. The Government’s strategy to distance itself from the international community has led to prominent donors of the TJ process suspending their funding to civil society organizations.

Though there is a definite shrinking of the civic space and room for advocacy, this dialogue presents an opportunity for the furtherance of transitional justice objectives in Mali.

During his new year statement to the Nation, the president, Assimi Goita, announced the establishment of a direct inter-malian dialogue to foster peace and address the root causes of conflicts in communities, a dialogue for Malians by Malians. Though there is a definite shrinking of the civic space and room for advocacy, this dialogue presents an opportunity for the furtherance of transitional justice objectives in Mali. Despite the difficult context and lack of political will, ATJLF remains committed to engaging in Mali. In our previous grant cycles, ATJLF prioritized a victim centered approach, supporting projects which ensured that more victims have a better understanding of the CVJR’s mandate and proactively engaged and participated in its ongoing proceedings and inquiries. The Government has created the two agencies replacing the CVJR, but they are not yet operational. These agencies are the Authority for Managing Reparations for Victims (l’Autorité de gestion des réparations en faveur des victimes ) and the Center for the Promotion of Peace and Unity in Mali  (Centre pour la promotion de la paix et l’Unité au Mali). Therefore, advocacy for their quick operationalization, and the implementation of the reparations policy which the Government adopted in 2022 is necessary. This approach is in line with ATJLF’s goal of promoting the agency of victims and survivors of grave crimes during armed conflicts in all its countries of operation across West Africa.