Expulsion of Guillaume Ngefa from Minusma: a legal and political dispute between the UN and Mali
An aerial view of Bamako.
Getty Images - john pictures
Text by: David Baché
2 mins
In Mali, the United Nations and the transitional authorities clash on the legal ground, in a very political file.
The Minusma human rights chief was declared "persona non grata" in the country on February 5.
Since then, the UN Commission on Human Rights and the Malian government have disagreed on the legality of this decision.
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The UN Commission on Human Rights says the UN Charter provides immunity to UN personnel, rendering the doctrine of
persona non grata inapplicable.
Mali's transitional government responds by citing the 1961 Vienna Convention on Diplomatic Relations, under which Mali would indeed be allowed to declare any diplomat
persona non grata,
without even having to justify its decision.
"
It's a real doctrinal debate
"
Vienna Convention?
United Nations Charter?
“
It's a real doctrinal debate
,” explains a jurist specializing in international law, who nevertheless recalls a few precedents: in Burkina Faso, at the end of December, with the expulsion of the UN coordinator;
or in Ethiopia, in September 2021, when seven UN officials were ordered to leave the country.
“
Each time, the United Nations protests with the same argument
”, develops the lawyer.
But, in fact, “
many states still apply the doctrine of
persona non grata
to UN diplomats
”.
Legal or not, the Malian transitional authorities will not reconsider
this very political decision
.
► To read also: Bamako responds to the UN and justifies the dismissal of Guillaume Ngefa from Minusma
The human rights section of the Minusma has been in their sights for months, because of its investigations into the allegations of abuses by the Malian army and its Russian auxiliaries.
Bamako thus judges that the general behavior of Guillaume Ngefa contravenes his obligations of “
impartiality
”.
Guillaume Ngefa was outside Mali when his expulsion was announced.
Whatever the opinion of legal experts, it is hard to imagine him returning to Bamako under these conditions.
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