On March 24, the Uemoa Court of Justice ordered the suspension of the economic sanctions that have been affecting Mali since the beginning of January. Pending a final ruling on the legality or illegality of these sanctions, the Court ruled that they should be suspended because of their serious consequences for the State and the people of Mali. But two weeks later, this decision has still not been implemented. In a press release issued Thursday, April 7, the Malian transitional government wonders about this ” relentlessness aimed at asphyxiating the Malian people » and denounces a violation of community rules. Have these rules really been flouted? What recourse do the Malian authorities have?
A ” miscarriage of justice This is how the transitional Malian government qualifies the fact that neither the countries of UEMOA, nor those of ECOWAS, have executed the decision of the Court of Justice of UEMOA. Is this non-application legal, or does it violate the law? The Central African Jean-François Akandji-Kombé is a professor at the Sorbonne, a specialist in international and community law in Africa.
” ECOWAS is a separate organization from UEMOA, so ECOWAS is not concerned. On the other hand, for UEMOA, it is within the order of the law that the organs and the member states of UEMOA execute the decisions rendered by the UEMOA judge. So it’s illegal, yes. »
► To read: Uemoa orders the suspension of ECOWAS sanctions against Mali
The Heads of State of ECOWAS therefore have the legal right to make this purely political choice: to maintain sanctions intended to make Bamako bend in the showdown that has been going on for months over the duration of the extension of the transition in Mali. .
But for the eight member countries of UEMOA: what means remain to force them, at least them, to suspend the sanctions? ” The problem, practically, is that UEMOA does not have the means to have each of the member states of UEMOA execute the decisions of the Court of Justice, explains Jean-François Akandji-Kombé. In fact, when decisions are not carried out, it is necessary to mobilize the public force. UEMOA does not have this means. »
► Read: Mali: what application of the WAEMU court decision on the lifting of sanctions?
Except to launch new and lengthy proceedings against each of the member countries of the UEMOA, Bamako therefore only has to appeal to the pressure of the African Union or the United Nations, to win the case. This is the meaning of the last press release published on April 7 by the transitional government. But given the current politico-diplomatic tensions, linked to the ongoing negotiations on the return to constitutional order and on the new Russian allies of the Malian army, it is unlikely that this call will be heard.