Mali as it stands today, finds itself slapped with sanctions, its refugee crisis worsening and with the North declaring their independence. I have always maintained that sanctions do not affect governments but individuals. It would take a lot of individual suffering to get Malians on the street protesting against the junta that believe they have just saved Mali from a bigger evil. So why were sanctions issued? Ecowas, pressured by the international community, felt the need to apply sanctions so that the junta would return the country to democracy and the former constitution.
Democracy is one thing, but the former constitution might be a tall order for a number of reasons. Particularly Article 36 of the former constitution.
Article 36 states: When the President of the Republic is temporarily unable to fulfill his duties, his powers shall be provisionally exercised by the Prime Minister.
In case of a vacancy of the Presidency of Republic for some unforeseen, disruptive cause that is an absolute or unavoidable obstacle, noted by the Constitutional Court, and the President of the National Assembly and the Prime Minister, the functions of the President of the Republic shall be carried out by the President of the National Assembly.
A new process for election of a new president for a new period of five years shall then commence. The election of the new President shall take place between twenty-one and forty days after the official recognition of the vacancy or preventative obstacle.
Diacounda Traoré, leader of Adema-PASJ and a Presidential candidate himself, was the President of the National Assembly, before the junta abandoned the constitution. He was also one of the individuals sought to be arrested by the junta. The junta has been wildly popular for the very reason that Malians believe that ATT and top politicians did nothing to serve the common Malian. By putting back the very individuals that have caused harm (in the people’s eyes) would serve little purpose. In addition, Diacounda’s term expires in July. With three electoral regions fallen, it will be impossible for him to hold elections within the 40 days. First the territorial integrity of Mali needs to be restored. Then, Mali can start to plan elections so the people’s voice can be heard.
Yeah and his team, consisting of 10 other political parties and 3 other presidential candidates have formed the Alliance of Democrats for the Patriots out of the crisis (ADPS) or (l’Alliance des Démocrates Patriotes pour la Sortie de crise (ADPS) in French).
ADPS has been working hard to find a solution that is the most compatible with the previous Constitution.
Yeah has been in consistent meetings for the last two weeks trying to come up with a plan politically that can save Mali from further sanctions and loss of territorial integrity. ADPS stance is that there is no way to restore the constitutional order, as it formerly existed because there would be a political deadlock. ADPS maintains that it is impossible for Diacounda to hold free and fair elections before his term expires as per the constitution.
Article 85 states: “The Constitutional Court is the judge of the constitutionality of the laws and it shall guarantee the fundamental laws of the individual and public liberties. It is the regulating body of the functioning of the institutions and the activity of the Public Powers.”
By instituting article 85 instead, ADPS calls on the constitutional court to organize a national forum with the purpose of legitimizing a transitional authority, an intermediate body that is not party bound and that can oversee the return to democracy.
Here are the governing principles of ADPS:
- Pass the state power to a body acceptable to all parties subject to validation by the Constitutional Court under Article 85 of the Constitution;
- Restore public confidence in the state and strengthen social peace and national harmony;
- Strengthen security measures for people and goods, restart and re-deploy the Administration, the economic and commercial activities;
- Ensure freedom of speech and press as well as equal access to all state media;
- Obtain immediate ceasefire in northern Mali for the total liberation of the country, the return of refugees and tranquility of the people in the northern part of our country;
- Avoid isolation of Mali at the regional and international levels and get support from the international community to implement the program of the Transition;
- Fight against all illicit trafficking, terrorism and all forms of insecurity in the country;
- Reform and re-mobilize the armed forces and security by providing them with adequate means to defend the territorial integrity and national unity;
- Preserve the physical and moral integrity of all those arrested during the recent events, release those against whom there would be no charge, guarantee respect for human rights and a fair justice for all Malian;
- Democratic elections, free, credible and transparent within a realistic timeframe;
- Restore the authority of the State.
ADPS has met with embassies (American, French, and Algerian to name a few) and organizations hoping spread their message. To install Diacounda in power would be almost as if the coup was pointless. The coup was an expression of what every Malian has been feeling for the past few years. The feeling of being marginalized by the powers in office. By installing a transitional authority by the constitutional court as the intermediary body, ADPS is suggesting a fresh start while attaining an end goal of restoring the territorial integrity and also organizing elections in which all of Mali can participate. The regions of Gao, Kidal and Tombouctou need to be won back. Mali cannot do this alone. It needs the help of its neighbors to fight the better armed armies of MNLA and AQIM.
The solution has to come from within. In the countries where the international community has come up with the solution, those countries still struggle with the concept of democracy. Democratic rule of law that fits with the culture of its people are very essential to its success. ADPS hopes that while the international community will help with gaining back territories, but ultimately, the political solution to Mali’s crisis needs to be born on Mali soil and in the hearts of Malians.
ADPS hopes to invite all political leaders to a national forum. The Forum hopes to outline what ADPS espouses but more importantly, hopes that all political parties will put aside their partisan differences and will have one goal only and that is the good of Mali and the Malian people. It is also hoped at the Forum that Malians can together agree on how the transition can be managed, the period of transition and the President of the transition government. Also it will be essential to decide how the three lost territories can be won back effectively and without the loss of lives.
This national Forum is a crucial step in the restoration of national unity, territorial integrity and peace throughout Mali.
Once order is restored, then fair elections must be held. Fair elections are the very heart of democracy. Without free and fair elections, the leader that gets selected becomes a farce to be put up with.
My two cents. I hope that Mali, my adoptive country, will come together and build some consensus on how to resolve the power vacuum and how democracy can be successfully restored. We cannot blindly assume that things should return to the way they were two weeks ago. Things happen for a reason. The coup happened for a reason. That means something was not working. Now is Mali’s chance to rectify the thing that wasn’t working. To go back to the same situation would be to repeat the mistake that was made. If we do this, in 20 more years we will find ourselves at the same crossroads and no closer to a solution. Let’s get this right so that Mali as a whole can truly once again become the beacon of democracy it should be.