2022 – Focus on the situation in Mali

rimom | Shutterstock

Following a meeting of the heads of state of the Economic Community of West African States (ECOWAS) on 9 January 2022, sanctions were imposed on Mali because its de facto leaders had not respected the timetable for transition to civilian rule.

Sanctions were also imposed on Mali by the heads of state of the Economic Community of West African States (ECOWAS) on 9 January 2022. The application of these sanctions has, however, been suspended pending a decision of the WAEMU regional court on the validity of said sanctions.

Sanctions imposed on Mali are as follows:

  • Travel restrictions and freezing of financial assets of Members of the transitional authority in Mali and anyone preventing the holding of presidential elections in Mali.
  • Removal by all ECOWAS member states of their ambassadors in Mali.
  • Closure of land and air borders between the ECOWAS and Mali.
  • Suspension of all commercial and financial transactions between countries of the ECOWAS and Mali, with the exception of some (essential) products
  • Freezing of assets of the Republic of Mali in central banks of the ECOWAS
  • Freezing of assets of the Malian state and state-owned/parastatal companies deposited in commercial banks of the ECOWAS countries
  • Suspension of all financial assistance and transactions for the benefit of Mali by financial institutions of the ECOWAS.
  • Suspension of Mali from organs and institutions of the UEMOA
  • Suspension of financial help for the benefit of Mali from financing institutions of the WAEMU.

These sanctions affect not only the daily life of the population but also other countries that had trade relations with Mali, because of the ban on banking transactions with other ECOWAS member countries.

We want to mention, for example, the case study of funds blocked by the Ivorian bank[1], concerning payment for services rendered by a Malian company to a company in Ivory Coast. The bank did not allow either the withdrawal of the money by the Ivorian company or the return of the funds to the Malian bank which initiated the wire transfer.

On 3 July 2022, the ECOWAS decided to lift most of the sanctions against Mali. This decision is set out in a fifth communiqué of the ECOWAS. It was taken after the ECOWAS’s approval of Mali's electoral calendar which provides for a potential presidential election in March 2024 in which members of the transition authority cannot be candidates.

Fifth communiqué of the ECOWAS

The lifted sanctions are as follows:

  • Closure of land and air borders between the ECOWAS and Mali.
  • Suspension of all commercial and financial transactions between ECOWAS Member States and Mali.
  • Freezing of the Republic of Mali’s assets deposited in the Central Banks and Commercial Banks of all ECOWAS Member States.
  • Freezing of assets of the Malian state and state-owned/parastatal companies deposited in commercial banks of all ECOWAS member states.
  • Suspension of all financial assistance and transactions in favour of Mali by ECOWAS financing institutions, particularly EBID and WADB.
  • Removal by all ECOWAS member states of their ambassadors in Mali.

Meanwhile, the maintained sanctions are:

  • Suspension of Mali from the ECOWAS bodies.
  • Targeted sanctions against individuals or groups.

The WAEMU Second Communiqué

There are also new developments with respect to the WAEMU First Communiqué: the WAEMU second communiqué which was issued on 8 July 2022.

The WAEMU Second Communiqué:

  • informs the public of the existence of the fifth communiqué of the ECOWAS above
  • lifts the suspension of financial help for the benefit of Mali from financing institutions of the WAEMU, which was a sanction previously set out in the WAEMU First Communiqué.

There is, however, no information in the WAEMU Second Communiqué on whether or not the other sanctions set out in the WAEMU First Communiqué are also lifted.

Additionally, we are not aware of any developments regarding the Ordinance – i.e., we have no information on whether the WAEMU regional court has issued its final decision on whether or not the WAEMU First Communiqué should be annulled or confirmed.

[1] Learn more about the Case Study and the WAEMU second communiqué here.

Sources