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. While waiting for a final decision on the...

Do UEMOA and ECOWAS have the right to continue to sanction Mali?

Image from archivo.

AFP - ISSOUF SANOGO

Text by: David Baché

2 mins

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 statement released 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 "

denial of justice

", this is how the Malian transitional government qualifies the fact that neither the countries of the Uemoa, nor those of the ECOWAS, have executed the decision of the Court of Justice of the 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.

►

To 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.

Do UEMOA and ECOWAS have the right to continue to sanction Mali?

Do UEMOA and ECOWAS have the right to continue to sanction Mali?

You may like

Trends 24h

Latest