Having regard to the Transition Charter;
Having regard to the Transition Charter;
Having regard to Law No. 2022-001 of February 25, 2022 on the revision of the Transition Charter;
Having regard to Judgment No. 2023-08/CC-Ref of July 21, 2023 proclaiming the final results of the constitutional referendum (ballot of June 18, 2023);
Considering the conclusions of the National Conference on State Refoundation of December 30, 2021,
The President of the Transition, Head of State, promulgates the Constitution whose content follows:
The sovereign People of Mali,
Rich in its cultural, linguistic and religious diversity;
Proud of its millennial history and its ancestors;
Heir to great empires and kingdoms built on endogenous sociocultural values that must inspire present and future generations;
Faithful to the ideals of the martyrs of colonialism, the fathers of independence and all those who fell on the field of honor for the defense of the Fatherland, the advent of a rule of law, pluralist democracy and good governance;
Considering the recurrent multidimensional crisis affecting the state and society;
Considering that corruption and illicit enrichment compromise the country's development efforts;
Convinced of the necessity to promote living together and national reconciliation with respect for identities and cultural diversity;
Concerned with guaranteeing the defense and security essential to the existence of a sovereign state;
Resolved to enhance the cultural, material and immaterial heritage and to preserve the natural resources of the territory for present and future generations;
Determined to promote social welfare;
Affirms its will to strengthen the democratic achievements of the revolution of March 26, 1991 and to promote the ideals of refoundation carried by the Malian People;
Commits to defending sovereignty, national unity and territorial integrity;
Reaffirms its attachment to the republican form and to the secularism of the state;
Commits to undertaking all necessary actions to fight against corruption and illicit enrichment and promote good governance;
Commits to ensuring the improvement of quality of life and the protection of the environment;
Subscribes to the Universal Declaration of Human Rights of December 10, 1948 and to the African Charter on Human and Peoples' Rights of June 27, 1981;
Commits to guaranteeing respect for human rights, particularly those of women, children and persons living with disabilities, enshrined in sub-regional, regional and international treaties and agreements signed and ratified by Mali;
Commits to fighting against all forms of violence;
Reaffirms its commitment to the achievement of African unity, to the promotion of peace, sub-regional, regional and international cooperation, to the peaceful settlement of disputes between states in respect of justice, equality, freedom and the sovereignty of peoples.
All Malians are born and remain free and equal in rights and duties. Any discrimination based on social origin, region, color, language, race, ethnicity, sex, religion or political opinion is prohibited.
The human person is sacred and inviolable. Every individual has the right to life, liberty, security and integrity of person.
The State ensures the protection of children against human trafficking and related offenses and against recruitment into violent extremist groups.
No one may be subjected to torture, slavery, inhuman, cruel and degrading treatment.
Any individual, any agent of the State who is guilty of such acts, either on their own initiative or upon instruction, shall be punished in accordance with the law.
No one may be forced into exile.
Any person persecuted by reason of their political or religious convictions, or their ethnic affiliation, may benefit from the right of asylum in the Republic of Mali.
Any person subject to a measure depriving them of liberty has the right to be examined by a doctor of their choice.
No one may be detained for a period exceeding forty-eight (48) hours except by reasoned decision of a magistrate of the judicial order.
No one may be detained in a penitentiary establishment except on a warrant issued by a magistrate of the judicial order.
Every person has the right to a fair trial and to a judgment rendered within a reasonable time.
The right to defense, including that of being assisted by the lawyer of one's choice, is guaranteed from the preliminary investigation.
Every accused person is presumed innocent until their guilt is established by the competent court.
Punishment is personal. No one may be prosecuted, arrested or charged except by virtue of a law promulgated prior to the acts with which they are charged.
Everything that is not prohibited by law cannot be prevented and no one can be compelled to do what it does not order.
Marriage and the family, which constitute the natural foundation of life in society, are protected and promoted by the State.
Marriage is the union between a man and a woman.
Education, training, work, housing, leisure, health, social protection, food and access to water constitute recognized rights.
Every citizen has the right to education. Public education is compulsory, free and secular. Private education is recognized and is exercised under the conditions defined by law.
The home, private domain, private and family life, personal data, secrecy of correspondence and communications are inviolable. They may only be infringed under conditions provided by law.
The right to property is guaranteed. No one may be expropriated except for reasons of public utility and against just and prior compensation.
Every person has the right to freedom of thought, conscience, religion, worship, opinion and expression, in accordance with the law.
Freedom of the press and the right of access to information are recognized and guaranteed. They are exercised under conditions determined by law.
Freedom of artistic and cultural creation is recognized and guaranteed. It is exercised under conditions established by law.
The State recognizes and guarantees, under the conditions established by law, freedom of movement, free choice of residence, freedom of association, assembly, procession and demonstration.
The right to work and rest is recognized and is equal for all.
No one may be compelled to perform specific work except in the case of performing an exceptional service of general interest, equal for all, under conditions determined by law.
Freedom of association is guaranteed. Trade unions exercise their activities without constraint and without limits other than those provided by law.
The right to strike is guaranteed. It is exercised within the framework of laws and regulations in force.
Freedom of enterprise is guaranteed within the framework of laws and regulations in force.
Every person has the right to a healthy and sustainable environment.
Every citizen, every person living in Malian territory has the duty to respect, in all circumstances, the Constitution.
The defense of the Fatherland is a duty for every citizen.
All citizens aged 18 years or older may be mobilized alongside the Armed and Security Forces for the defense of the Fatherland.
The protection of the environment and the promotion of quality of life are a duty for every citizen and for the State.
In case of established calamity, all citizens have the duty to provide their assistance under the conditions defined by law.
Every citizen is required to fulfill their civic duties, notably to discharge their tax obligations.
Every citizen has the duty to work for the common good, to respect and protect public property.
Every citizen invested with a public mandate or charged with public employment or a public service mission has the duty to fulfill it with conscience, loyalty and integrity.
Mali is an independent, sovereign, unitary, indivisible, democratic, secular and social Republic.
Its principle is government of the People, by the People and for the People.
The capital of the Republic of Mali is Bamako. It may be transferred to any other place in the national territory by law.
The national emblem is the tricolor flag composed of three (03) vertical and equal bands of green, gold and red colors.
The motto of the Republic is: "One People - One Goal - One Faith".
The national anthem is: "Mali".
The law determines the seal and coat of arms of the Republic and sets the conditions and procedures for their use.
Any illegal use and any desecration of the attributes of the Republic are punished by law.
The national languages are the official languages of Mali.
An organic law determines the conditions and procedures for their use.
French is the working language.
The State may adopt any other language as a working language.
Secularism does not oppose religion and beliefs. Its objective is to promote and strengthen living together based on tolerance, dialogue and mutual understanding.
The State guarantees respect for all religions, beliefs, freedom of conscience and the free exercise of worship in accordance with the law.
The social Republic is based on the principles of solidarity, equality, justice, protection and integration. The State takes the necessary measures to ensure their implementation.
Public action is guided by principles based on respect for State sovereignty, the sovereign choices of the People and the defense of their interests.
No public authority may, under penalty of sanctions, use the powers it derives from the Constitution or the law to commit misappropriation of public resources or property for its own benefit or for the benefit of those in power, members of their families, organizations, or any other persons through favoritism, corruption, embezzlement, influence peddling or other means.
The institutions of the Republic are:
National sovereignty belongs to the People who exercise it through their representatives elected by direct or indirect universal suffrage or by referendum.
No fraction of the People nor any individual may claim its exercise.
Suffrage is universal, equal and secret. It may be direct or indirect.
Citizens of Mali of both sexes of voting age and enjoying their civil and political rights are electors, under conditions determined by law.
Political parties contribute to the expression of suffrage. They are formed and freely exercise their activities under conditions determined by law.
They must respect the principles of national sovereignty, democracy, the integrity of the national territory, national unity and the secularism of the State.
Civil society organizations exercise, within the framework of participatory democracy, a mission of citizen oversight under conditions determined by law.
The State exercises its sovereignty over the entire national territory.
The State may not cede any portion of the national territory nor renounce any of the sovereign rights it exercises over it.
Any attack on the integrity of the national territory is a crime against state security.
The State has sovereign right over the wealth and natural resources located on its territory.
The exploitation of these wealth and natural resources must be ensured in compliance with environmental protection rules and in the interest of present and future generations.
The President of the Republic is the Head of State. He is the guardian of the Constitution. He embodies national unity. He is the guarantor of national independence, territorial integrity, and respect for international treaties and agreements. He ensures the regular functioning of public authorities and ensures the continuity of the State.
The President of the Republic determines the policy of the Nation.
The President of the Republic is elected for a term of five (05) years, by direct universal suffrage. He is re-eligible only once.
In no case may anyone exercise more than two (02) terms as President of the Republic.
Any candidate for the office of President of the Republic must be of Malian nationality by origin and possess no other nationality, at the date of filing the candidacy.
He must enjoy all his civil and political rights, be of good morality and great integrity.
He must be at least thirty-five (35) years old and at most seventy-five (75) years old at the date of filing the candidacy and be fit to exercise the function.
The election of the new President of the Republic takes place at least forty-five (45) days and at most sixty (60) days before the expiration of the mandate of the incumbent President.
The President of the Republic is elected by absolute majority of votes cast.
If this is not obtained in the first round, a second round is organized on the third Sunday following the proclamation of the first round results by the Constitutional Court.
If, within the seven (07) days preceding the date of the first round ballot, one of the candidates dies or is prevented, the Constitutional Court may order the postponement of the election without such postponement exceeding fifteen (15) days.
The second round is open to the two (02) candidates who received the greatest number of votes in the first round of voting.
The candidate who received the greatest number of votes is declared elected.
In case of death, withdrawal or impediment of one of the two (02) candidates qualified for the second round, the ballot remains open to the next candidate in order of votes cast.
If, between the two (02) rounds, one of the candidates dies or is prevented, the Constitutional Court may order the postponement of the election without such postponement exceeding fifteen (15) days.
The control of the regularity of the election of the President of the Republic is ensured by the Constitutional Court which rules on complaints and proclaims the final results of the ballot.
The law completes the provisions relating to the election of the President of the Republic.
The functions of President of the Republic are incompatible with the exercise of any other political function, any other elective mandate, any public employment and any other professional and lucrative activity.
During his mandate, the President of the Republic cannot, either by himself or through others, acquire or lease anything that belongs to the domain of the State. He cannot take part, either by himself or through others, in public and private contracts for administrations or institutions under the State or subject to their control.
When the President of the Republic is temporarily prevented from fulfilling his functions, his powers are provisionally exercised by the Prime Minister.
In case of vacancy of the Presidency of the Republic for any cause whatsoever or absolute or definitive incapacity established by the Constitutional Court seized by the President of the National Assembly, the President of the Senate and the Prime Minister, the functions of the President of the Republic are exercised by the President of the National Assembly. In case of incapacity, withdrawal or death of the latter, they are exercised by the President of the Senate.
The election of the new President of the Republic takes place ninety (90) days at least and one hundred twenty (120) days at most after establishment of the vacancy or the absolute and definitive nature of the incapacity.
The person serving as interim President of the Republic may not be a candidate in said election.
In all cases of vacancy, the replacement may not apply articles 57, 60, 69, 70 and 184 of this Constitution.
The elected President takes office upon expiration of the mandate of the President in office.
Before taking office, the President of the Republic takes, before the Constitutional Court, in solemn hearing, the following oath:
"I swear, before God and the sovereign People of Mali, to respect and ensure respect for the Constitution and the laws, to preserve the republican regime, to fulfill my functions in the supreme interest of the Nation, preserve the rights and freedoms of the person, democratic achievements and public goods, to guarantee national unity, the independence of the Fatherland and the integrity of the national territory, to conduct myself everywhere as a faithful and loyal servant of the Nation and to do everything possible for the realization of African unity.
In case of violation of this oath, may the People withdraw their confidence from me and may I suffer the rigor of the law".
After the investiture ceremony and within a period of seven (07) days, the President of the Republic submits the written declaration of his assets to the President of the Court of Accounts. This declaration is subject to annual updates and upon cessation of functions.
The President of the Court of Accounts informs the national public of the completion of the formality of the declaration and updates.
The President of the Republic appoints the Prime Minister and terminates his functions.
He appoints the other members of the Government, after consultation with the Prime Minister and terminates their functions.
The President of the Republic presides over the Council of Ministers. The Prime Minister substitutes for him, upon his authorization and on a determined agenda.
The President of the Republic promulgates laws within fifteen (15) days following the transmission to the Government of the definitively adopted text.
In case of urgency, the promulgation deadline may be reduced to eight (08) days.
He may, before the expiration of this deadline, request from Parliament a new deliberation of the law or certain of its articles.
This new deliberation cannot be refused and suspends the promulgation deadline.
The President of the Republic, on his own initiative or on joint proposal of the two (02) chambers of Parliament, after opinion of the Constitutional Court published in the Official Journal, may submit to referendum any question of national interest, any bill concerning the organization of public powers, the approval of a union agreement or the authorization to ratify a treaty which, without being contrary to the Constitution, would have implications for the functioning of institutions.
When the referendum has concluded in favor of adopting the bill, the de President of the Republic promulgates it within the deadlines provided for in article 59.
Once a year, during the first quarter, the President of the Republic delivers, before Parliament assembled in Congress, a speech on the state of the Nation.
The President of the Republic communicates with the National Assembly and the Senate through messages which he has read by the President of the National Assembly and by the President of the Senate. Outside of session, the National Assembly and the Senate convene specially for this purpose.
The President of the Republic is the Supreme Chief of the Armed and Security Forces. He presides over the National Security Council and the National Defense Committee.
The President of the Republic orders general mobilization and determines the modalities of citizen participation in the defense of the Fatherland when the security situation requires it.
The President of the Republic is the President of the Superior Council of the Magistracy.
The President of the Republic exercises the right of pardon. He proposes amnesty laws.
The President of the Republic signs ordinances and decrees taken in the Council of Ministers.
The President of the Republic appoints to senior civil and military positions determined by law.
The Grand Chancellor of National Orders, General Officers, Ambassadors and Special Envoys, Regional Governors, Directors of Central Administrations are appointed by decree taken in the Council of Ministers.
Appointments must be based principally on criteria of competence, experience and integrity.
The President of the Republic accredits Ambassadors and Special Envoys to foreign States and international Organizations.
Foreign Ambassadors and Special Envoys are accredited to him.
The President of the Republic may, after consultation with the Presidents of the two (02) chambers and the President of the Constitutional Court, pronounce the dissolution of the National Assembly.
No dissolution may be pronounced within twelve (12) first months of the legislature or when a motion of impeachment is declared admissible.
General elections take place sixty (60) days at least and one hundred twenty (120) days at most after dissolution.
No new dissolution may be carried out within the year following these elections.
Upon expiration of the deadline set in the third paragraph of this article, if legislative elections are not organized, the dissolved National Assembly is restored to its functions.
When the institutions of the Republic, the independence of the Nation, the integrity of the national territory, the execution of international commitments are threatened in a serious and immediate manner and the regular functioning of constitutional public powers is interrupted, the President of the Republic takes the exceptional measures required by these circumstances after consultation with the Prime Minister, the Presidents of the National Assembly, the Senate and the Constitutional Court.
He informs the Nation by message.
Parliament meets by right.
The application of these exceptional powers by the President of the Republic must not, under any circumstances, compromise either national sovereignty or territorial integrity.
The exceptional powers must aim to ensure the continuity of the State and the restoration, as quickly as possible, of the regular functioning of institutions, in accordance with the Constitution.
During the exercise of exceptional powers, no institution of the Republic may be dissolved or suspended.
Legislative measures taken during the exercise of exceptional powers become null and void if they are not ratified by Parliament within ninety (90) days after their entry into force.
The President of the Republic may delegate certain of his powers to the Prime Minister.
Acts of the President of the Republic, other than those provided for in articles 57, 60, 65, 69 and 70 as well as in the first paragraph of this article, are countersigned by the Prime Minister and, where applicable, by the ministers concerned.
The law establishes the benefits granted to the President of the Republic and to former Presidents of the Republic enjoying their civil rights.
The responsibility of the President of the Republic may be engaged for acts qualified as high treason.
He may be removed from office by Parliament for high treason.
There is high treason when the President of the Republic violates his oath.
The motion of impeachment is initiated by the members of either chamber of Parliament. It is only admissible if it is signed by at least two-thirds (2/3) of the members.
The concerned Chamber refers the matter to the competent commission which proceeds with all investigations and hearings necessary at the end of which it assesses whether or not there are grounds to pursue the procedure.
If the commission decides that there are no grounds to pursue, the impeachment procedure is terminated.
If the commission decides that there are grounds to pursue, it draws up the reasoned act of accusation which is submitted to the vote of the Chamber by simple majority of the members.
In case of adoption of the act of accusation, the other Chamber is referred to within eight (08) days and must rule in identical terms within fifteen (15) days. If the act of accusation is not adopted, the impeachment procedure is terminated.
The indictment by the two (02) Chambers automatically entails the lifting of any immunity of the President of the Republic.
The two (02) Chambers of Parliament meet in ad hoc Congress to rule on the impeachment of the President of the Republic. The impeachment is pronounced by a majority of three-quarters (3/4) of the members.
Only votes in favor of impeachment are counted.
Sessions of the ad hoc Congress are presided over by the President of the Supreme Court.
The President of the Republic has the rights of defense. He may be assisted by counsel of his choice at all stages of the procedure.
An organic law determines the procedures for implementing this article.
The President of the Republic is criminally liable, before the courts of common law, for crimes and offenses committed outside the exercise of his functions.
However, he may not be required to testify, nor be the subject of an action, an investigative act, an instruction or prosecution until the end of his term. Any limitation or forfeiture period is suspended.
Proceedings and procedures that are obstructed may be resumed or initiated against him one (01) month after the cessation of functions.
The Government comprises the Prime Minister, Head of Government, and the ministers.
An organic law sets the number of members of the Government.
The Government conducts the policy of the Nation as determined by the President of the Republic. It has the Administration at its disposal.
The Prime Minister is the Head of Government. In this capacity, he directs the action of the Government.
He ensures the execution of laws. Subject to the provisions of articles 66 and 67, he exercises regulatory power.
He may delegate certain of his powers to ministers.
He substitutes for the President of the Republic in presiding over the Council of Ministers by delegation and for a determined agenda.
He substitutes for him in presiding over the National Security Council and the National Defense Committee.
The acts of the Prime Minister are countersigned, where applicable, by the ministers responsible for their execution.
The Government is responsible to the President of the Republic.
Government members shall submit to the President of the Court of Accounts a written declaration of their assets within a maximum period of thirty (30) days after their appointment.
The President of the Court of Accounts informs the national public of the completion of the declaration formality and updates.
The provisions of article 52 are applicable to Government members.
The Prime Minister presents the Government's action plan before Parliament. The presentation takes place before each of the two (02) Chambers within thirty (30) days at most after the President of the Republic's address on the state of the Nation. It is followed, where appropriate, by debates accompanied by recommendations without vote.
The functions of Government member are incompatible with the exercise of any parliamentary mandate, any professional representation function at the national or local level, any public employment or any professional and lucrative activity.
Members of the Government are criminally liable for crimes or offenses committed in the exercise of their functions.
Prosecution and investigation are within the jurisdiction of the Supreme Court. Judgment falls under the ordinary criminal courts. For prosecution, investigation and judgment, the provisions of the Code of Criminal Procedure are applicable.
The Administration accomplishes, in various forms, the missions of general interest for which the services have been established.
The Administration participates in promoting economic, social and cultural development by responding, in an appropriate manner, to the needs of the national community and users, with transparency, respect for Human Rights and democracy.
Administration agents are required, in the exercise of their missions, to respect the fundamental principles of public service including legality, equality, impartiality, neutrality and continuity.
They must adopt behavior that respects the rules of ethics and professional conduct, in particular, integrity and moral probity.
The State ensures that the recruitment of Administration agents is carried out within the framework of transparent procedures that guarantee equal opportunities for all and that their career development is based on criteria of competence and professionalism.
The State ensures that administration agents are provided with the working conditions, remuneration and security necessary for the proper accomplishment of their missions.
Independent administrative authorities exercise their missions, particularly in the areas of mediation, regulation, verification and control, protection of individual freedoms and rights, organization and management of elections.
Independent administrative authorities are created by law.
The Armed and Security Forces are responsible for defending the integrity of the national territory, protecting persons and their property, maintaining public order and enforcing laws.
They participate in economic, social, cultural development actions and environmental protection of the country.
The Armed and Security Forces serve the Nation. They are republican, apolitical and subject to political authority.
The Armed Forces may only be employed in maintaining public order under conditions determined by law.
The Armed and Security Forces may participate in external missions of peace, stabilization or security within the framework of respect for Mali's international commitments.
The State ensures that the Armed and Security Forces have, at all times, the necessary human resource capacities and material means to accomplish their missions. The planning of these resources and means is carried out through programming laws.
Legislative power is exercised by Parliament.
Parliament votes on laws and contributes to the evaluation of public policies.
Parliament comprises two (02) chambers: the National Assembly and the Senate.
Congress is the meeting of the two (02) chambers of Parliament. The presidency of Congress is held by the President of the National Assembly and the vice-presidency is held by the President of the Senate.
Members of the National Assembly bear the title of Deputy.
Deputies are elected for five (05) years by direct universal suffrage. The electoral system may be majoritarian, proportional or mixed.
Malians established abroad are represented in the National Assembly according to the procedures defined by law.
Members of the Senate bear the title of Senators.
The Senate is constituted, for three quarters (3/4), of members elected by indirect universal suffrage representing territorial communities and, for one quarter (1/4), of designated members representing traditional authorities and legitimacies, Malians Established Abroad and personalities who have honored the service of the Nation.
The mandate of members of the Senate is five (05) years.
No one may be simultaneously a member of the National Assembly and the Senate.
The law determines the procedures for the election of Deputies to the National Assembly. It also determines the procedures for the election or designation of Senators.
An organic law establishes, for each of the two (02) Chambers, the conditions of eligibility, the regime of ineligibilities and incompatibilities. It also determines the conditions under which their replacement is carried out, in case of vacancy of seat.
An organic law establishes the allowances and other benefits allocated to Deputies and Senators.
After their official installation and within a period of thirty (30) days, the President of the Court of Accounts receives the written declarations of assets of Deputies and Senators.
These declarations are subject to annual updates and upon cessation of functions.
The President of the Court of Accounts informs the national public of the completion of the declaration formality and updates.
Deputies and Senators enjoy parliamentary immunity only in the context of exercising their functions. They cannot be prosecuted, investigated, arrested, detained or tried by reason of opinions or votes expressed during parliamentary sessions.
Any Deputy or Senator who is subject to a final criminal conviction is stripped of their mandate, at the request of the minister responsible for Justice. The same applies when the Deputy or Senator is sentenced to a final correctional penalty equal to or greater than one (01) year of imprisonment without suspended sentence.
Any imperative mandate is null and void.
The right to vote of members of Parliament is personal. Organic law may exceptionally authorize the delegation of votes. In this case, no one may receive delegation of more than one mandate.
Any Deputy or Senator who resigns from their political party or the organization they represent shall forfeit their mandate.
The resignation is duly recorded in writing. Joining another party or another organization is considered a resignation.
The resigning Deputy or Senator is replaced under conditions determined by organic law.
The National Assembly and the Senate meet, by right, in two (02) ordinary sessions per year.
The first session begins on the first working Monday of October. It may not exceed seventy-five (75) days.
The second session begins on the first working Monday of April and may not exceed ninety (90) days.
Parliament is convened in extraordinary session, either at the request of the President of the Republic, or at the request of the majority of members of the National Assembly or the Senate, on a determined agenda.
In case of extraordinary session, the closure decree takes effect as soon as Parliament has exhausted the agenda for which it was convened and at the latest fifteen (15) days from the date of its convocation.
Except in cases where Parliament meets by right, extraordinary sessions are opened and closed by decree of the President of the Republic.
The Deputy or Senator has the obligation to participate in the work of committees and plenary sessions, under penalty of sanctions provided for by the internal regulations of the National Assembly and the Senate.
Each chamber of Parliament establishes its internal rules. The internal rules of Congress are established by both (02) Chambers.
The President of the National Assembly and the President of the Senate are elected for the duration of the legislature.
The President of the National Assembly and the President of the Senate may be subject to impeachment proceedings for failure to fulfill the duties of their office.
To be admissible, the impeachment initiative must be signed by at least two-thirds (2/3) of the members of the chamber concerned.
No impeachment proceedings may be initiated in the first two (02) years following the assumption of office of the President of the National Assembly or the President of the Senate.
Impeachment is pronounced by a majority of three-quarters (3/4) of the members of the chamber concerned, under the conditions determined by its internal rules.
In case of impeachment, the National Assembly or the Senate proceeds to elect a new President under the conditions set by the internal rules. The new President completes the term of the impeached President.
The sessions of the Chambers of Parliament are public. However, each chamber may sit in closed session, on its own initiative or at the request of the Government. The internal rules establish the procedures.
The complete record of debates is published in the Official Journal.
Law is voted by Parliament by simple majority. Within the domain of law, in addition to matters expressly assigned to it by other articles of the Constitution:
The finance law determines the resources and expenditures of the State under conditions established by an organic law.
Programming laws determine the objectives of the State's economic, social, cultural and national security action.
Matters other than those within the domain of law have a regulatory character.
Legislative texts that intervened in these matters prior to the entry into force of this Constitution may be modified by decree after opinion of the Supreme Court.
Those of these texts that will intervene after the entry into force of this Constitution may only be modified by decree if the Constitutional Court has declared that they have a regulatory character.
Laws and regulations are published in the Official Journal.
The declaration of war is authorized by Parliament specially convened in Congress for this purpose, by absolute majority of its members.
The President of the Republic informs the Nation thereof by message.
The state of emergency and the state of siege are decreed in the Council of Ministers.
Their extension, beyond fifteen (15) days, must be authorized by Parliament by absolute majority of its members. A law determines the conditions thereof.
The initiative for laws belongs concurrently to the President of the Republic and to members of Parliament.
Bills are deliberated in the Council of Ministers, after opinion from the Supreme Court and deposited on the desk of one of the two Chambers.
Finance bills are submitted, in the first instance, to the National Assembly.
Bills having as their principal object the organization of territory, the status of territorial collectivities, the status of traditional authorities and legitimacies as well as bills relating to the environment and to Malians established abroad are submitted, in the first instance, to the Senate.
The agenda of the Chambers includes, by priority and in the order fixed by the Government, the discussion of bills deposited by the Government and of legislative proposals.
Members of Parliament and the Government have the right of amendment which is exercised in session or in committee according to the conditions fixed by the internal regulations of the chambers.
After the opening of debate, the Government may oppose the examination of any amendment that has not been previously submitted to it.
The Government may, for the execution of its action plan, request from Parliament authorization to take by ordinance, for a limited period, measures that are normally within the domain of law.
Ordinances are taken in the Council of Ministers, after opinion of the Supreme Court. They enter into force upon their adoption, but become null and void if the ratification bill is not submitted to Parliament before the date set by the enabling law. Upon expiration of the period mentioned in the first paragraph of this article, ordinances may only be modified by law in matters that are within the legislative domain.
If the Government so requests, the Chamber seized shall rule by a single vote on all or part of the text under discussion, retaining only the amendments proposed or accepted by the Government. Proposals and amendments formulated by members of Parliament are not admissible when their adoption would result in either a reduction of public resources or the creation or aggravation of a public burden, unless such proposals or amendments are accompanied by a proposal for equivalent revenues or savings.
If it appears, during the legislative procedure, that a proposal or amendment is not within the domain of law, the Government may raise inadmissibility. In case of disagreement between the Government and the Chamber seized, the Constitutional Court, at the request of the Government or the President of the Chamber concerned, shall rule within eight (08) days.
Every bill or proposed law is examined successively by the two (02) Chambers of Parliament with a view to adopting an identical text.
Discussion of bills takes place, before the first Chamber seized, on the text presented by the Government.
A Chamber seized of a text voted by the other chamber deliberates on the text transmitted to it.
When, as a result of disagreement between the two (02) chambers, a bill or proposed law could not be adopted after two (02) readings by the two (02) Chambers, or if the Government has declared urgency, after a single reading by each of them, the Prime Minister has the power to convene a joint committee charged with proposing an identical text on the remaining provisions.
The text prepared by the joint committee may be submitted by the Government for approval to both (02) chambers. No amendment to this text is admissible, except with the agreement of the Government.
If the joint committee fails to adopt a common text or if this text is not adopted under the conditions provided for in the preceding paragraph, the Government may, after a new reading by the National Assembly and the Senate, request the National Assembly to rule definitively.
In this case, the National Assembly may adopt either the text prepared by the joint committee, or the text voted by it, modified, where appropriate, by one or more of the amendments adopted by the Senate.
Laws to which this Constitution confers the character of organic law are voted under the following conditions:
However, in the absence of agreement between the two (02) Chambers, the text is adopted on final reading by the National Assembly by absolute majority of its members.
Organic laws may only be promulgated after declaration by the Constitutional Court of their conformity to the Constitution.
Parliament is seized of the finance bill upon the opening of the ordinary session preceding the budgetary period.
If the National Assembly has not ruled at first reading, within forty (40) days after the filing of the finance bill, the Government refers the matter to the Senate which must rule within fifteen (15) days. The procedure provided for in article 123. shall apply.
If Parliament has not ruled within seventy (70) days, the budget is then established ex officio by the Government based on the revenues of the previous fiscal year and after opinion of the Court of Accounts.
Before either Chamber of Parliament, the Prime Minister may, on his own initiative or at the request of the President of one of the Chambers, make a statement on a specific subject which gives rise to a debate without vote.
Parliament controls the action of the Government.
Members of Parliament may pose written questions to ministers who are required to respond within fifteen (15) days following the date of their receipt. The questions and responses are published in the Official Journal.
Members of Parliament may pose oral questions and current affairs questions to ministers according to the procedures determined by the internal rules of each Chamber.
Each Chamber of Parliament may designate, within itself, committees of inquiry whose powers and procedures for organization and operation are established by its internal rules.
However, no commission of inquiry may be created when the facts have given rise to judicial proceedings and as long as such proceedings are ongoing. If a commission has already been created, its mission ends as soon as a judicial investigation is opened relating to the facts that motivated its creation.
The judicial power is independent of the executive and legislative powers. It is exercised by the Supreme Court, the Constitutional Court, the Court of Accounts and other Courts and Tribunals.
Alternative and traditional methods of dispute resolution are authorized under conditions determined by law.
The judicial power is the guardian of the freedoms defined by this Constitution. It ensures respect for rights and freedoms. It is responsible for applying, in its own domain, the laws and regulations of the Republic.
Justice is rendered in the name of the Malian People.
Judicial decisions are rendered solely on the basis of impartial application of the law.
Judgments are drafted within the time limits provided by laws and regulations in force, under penalty of administrative sanction.
Judges are subject, in the exercise of their functions, only to the authority of the law. Magistrates of the bench are irremovable.
Any failure by a Judge to fulfill his duties of independence, impartiality and integrity constitutes a serious professional misconduct punishable by disciplinary sanctions, without prejudice, where applicable, to judicial proceedings.
The President of the Republic is the guarantor of the independence of the judicial power.
He is assisted by the Superior Council of the Magistrature.
The Superior Council of the Magistrature oversees the management of magistrates' careers and gives its opinion on any matter concerning the independence of the magistrature.
It acts as a Disciplinary Council for Magistrates.
The Superior Council of the Magistrature may be referred to by a litigant under conditions established by an organic law.
The Superior Council of the Magistracy is constituted half of personalities chosen from outside the body of Magistrates.
An organic law establishes the attributions, composition, organization and operating rules of the Superior Council of the Magistracy.
The Supreme Court is the highest jurisdiction in judicial and administrative matters.
It has contentious and consultative competencies.
The Supreme Court rules sovereignly on appeals for cassation directed against judgments and decisions rendered as final resort in matters falling within its competence.
The Supreme Court issues opinions on any question of law falling within the scope of its competencies.
The Supreme Court is presided over by a Magistrate appointed by decree of the President of the Republic, upon conforming proposal of the Superior Council of the Magistracy.
The Vice-president and the other members of the Supreme Court are appointed under the same conditions.
An organic law establishes the attributions, organization, operating rules as well as the procedure followed before the Supreme Court.
The Constitutional Court is judge of the constitutionality of laws and it guarantees the fundamental rights of the human person and public freedoms.
It is the regulatory body for the functioning of institutions and the activity of public authorities.
The Constitutional Court comprises nine (09) members who bear the title of counselors.
The mandate of counselors is seven (07) years, non-renewable.
The nine (09) members of the Constitutional Court are designated as follows:
The Counselors are chosen, primarily, from among Teacher-Researchers in public law, Lawyers and Magistrates having at least fifteen (15) years of experience, as well as qualified personalities who have honored the service of the Nation.
The Counselors, thus designated, are appointed by decree of the President of the Republic.
The President of the Constitutional Court is elected by his peers.
In case of temporary impediment, his functions are performed by the oldest Counselor.
In case of death or resignation of a Counselor, the new member is chosen by the relevant appointing authority and completes the mandate begun.
The Constitutional Court has mandatory jurisdiction over the constitutionality of organic laws before their promulgation and the internal regulations of the National Assembly, the Senate and the Congress before their implementation.
Organic laws are submitted by the President of the Republic to the Constitutional Court before their promulgation.
Other categories of laws, before their promulgation, may be referred to the Constitutional Court by the President of the Republic, the President of the National Assembly or one-tenth (1/10) of the Deputies, the President of the Senate or one-tenth (1/10) of the Senators.
The internal regulations of the National Assembly and the Senate are submitted to the Constitutional Court by the Presidents of said institutions before their implementation. The same applies to the internal regulations of the Congress.
Referral to the Constitutional Court suspends the time limit for promulgation of the law.
In the cases provided for in paragraphs 1 and 3 of this article, the Constitutional Court rules within thirty (30) days. However, at the request of the Government, if there is urgency, this time limit is reduced to eight (08) days.
A provision declared unconstitutional cannot be promulgated or applied.
The Constitutional Court rules on conflicts of jurisdiction between the institutions of the Republic. It is seized by the Presidents of the institutions concerned.
The Constitutional Court controls the regularity of the election of the President of the Republic and referendum operations. It examines complaints and proclaims the final results.
The Constitutional Court rules, in case of dispute, on the regularity of the election of Deputies and the election or designation of Senators.
The Constitutional Court is seized, in case of dispute over the validity of an election, by any candidate, any political party or by the authority responsible for organizing elections.
When it grants a petition, the Court may, as the case may be, annul the contested election or reform the results.
International commitments provided for in article 182 may be referred, before their ratification, to the Constitutional Court by the President of the Republic, the President of the National Assembly or one-tenth (1/ 10) of the Deputies, the President of the Senate or one-tenth (1/ 10) of the Senators.
The Constitutional Court verifies, within a period of thirty (30) days, whether these commitments contain a clause contrary to the Constitution.
However, at the request of the President of the Republic, if there is urgency, this period is reduced to eight (08) days.
A commitment declared contrary to the Constitution cannot be ratified.
When, in the course of proceedings before a court, it is argued by a litigant that a legislative provision infringes the rights and freedoms guaranteed by the Constitution, the Constitutional Court may be seized of this question upon referral from the Supreme Court.
When the exception of unconstitutionality is transmitted, the court stays its ruling until receipt of the decision of the Constitutional Court.
A provision declared unconstitutional on the basis of the preceding paragraph is repealed. The Constitutional Court determines the effects of this repeal. An organic law determines the procedures for implementing this article.
The decisions of the Constitutional Court are not subject to any appeal. They are binding on public authorities, all administrative and judicial authorities and all natural and legal persons.
An organic law establishes the rules of organization and functioning of the Constitutional Court, as well as the procedure followed before it.
The Court of Accounts is the supreme court of public finances and the supreme institution for the control of public finances. It has judicial, control and advisory functions.
The Court of Accounts assists the Government and Parliament in controlling the execution of finance laws and evaluating public policies.
The Court of Accounts judges the accounts of public accountants for funds and materials.
It controls the regularity of financial operations, sanctions management faults, declares and clears de facto management.
The Court of Accounts may, at any time, exercise any control, either on its own initiative or at the request of the President of the Republic, the Prime Minister, the President of the National Assembly or the Senate.
The Court of Accounts verifies the accounts of political parties.
The Court of Accounts receives asset declarations from those subject to the provisions referred to in articles 56, 79 and 102.
The President and other members of the Court of Accounts are appointed by decree of the President of the Republic after favorable opinion of the Superior Council of the Magistracy.
An organic law establishes the attributions, organization, operating rules of the Court of Accounts as well as the procedure followed before it.
The Economic, Social, Environmental and Cultural Council has jurisdiction over all matters of economic, social, environmental and cultural development.
It participates in any commission of national interest of an economic, social, environmental and cultural nature.
The Economic, Social, Environmental and Cultural Council annually collects the needs, expectations and problems of society and drafts a report with guidelines and proposals. This report is addressed to the President of the Republic, the Prime Minister and the Presidents of the two (02) Chambers of Parliament.
It conducts, with the Government once (01) per year, an evaluation of the follow-up given to the recommendations of the report.
The Economic, Social, Environmental and Cultural Council may, on its own initiative, undertake studies accompanied by proposals on any matter of an economic, social, environmental and cultural nature affecting the life of the Nation.
The study reports are communicated to the President of the Republic, the Prime Minister and the Presidents of the two (02) Chambers of Parliament.
The Economic, Social, Environmental and Cultural Council is consulted by the President of the Republic on any draft finance law, any draft plan or programming law.
At the request of the President of the Republic, it gives its opinion on draft laws, ordinances or decrees relating to matters falling within the areas of its competence.
The Economic, Social, Environmental and Cultural Council is composed of:
It also includes associate members chosen by reason of their recognized competence in the economic, social, environmental or cultural fields.
The members of the Economic, Social, Environmental and Cultural Council bear the title of Counselor of the Republic.
The Economic, Social, Environmental and Cultural Council meets each year by right in two (02) ordinary sessions of thirty (30) days each, upon convocation by its President.
It may meet in extraordinary session, at the request of its President or of the majority of its members, for a duration which may not exceed ten (10) days. The decree of convocation and closure is issued by the President of the Republic.
The sessions of the Economic, Social, Environmental and Cultural Council are public.
However, it may sit in closed session, on its own initiative or at the request of the President of the Republic.
The President of the Economic, Social, Environmental and Cultural Council is elected by his peers during the opening session of the first session for a term of five (05) years.
No member of the Economic, Social, Environmental and Cultural Council may be prosecuted, investigated or judged for opinions expressed by him during Council sessions.
The President of the Economic, Social, Environmental and Cultural Council may be subject to impeachment proceedings for failure to fulfill the duties of his office.
To be admissible, the impeachment initiative must be signed by at least two thirds (2/3) of the Council members.
No impeachment proceedings may be initiated in the first two (02) years following the President's assumption of office.
Impeachment is pronounced by a majority of three quarters (3/4) of the Council members, under conditions determined by an organic law.
In case of removal from office, the Council shall proceed to the election of a new President under the conditions established by organic law. The new President shall complete the term of the removed President.
The organization, operating rules and designation of members of the Economic, Social, Environmental and Cultural Council are established by organic law.
The organization of the territory of the Republic is based on the principles of deconcentration and decentralization.
The territory is subdivided into administrative districts and territorial communities.
Administrative districts constitute the territorial framework for representation and intervention of the State.
Territorial communities constitute the territorial framework for participation of populations in the management of their own affairs.
They administer themselves freely through elected councils, under conditions determined by law.
Administrative districts and territorial communities are created and abolished by law.
The State ensures the harmonious development of territorial communities, based on national solidarity.
To this end, it may allocate, by law, for a limited duration, exceptional powers and resources to one or more levels of territorial communities, while respecting national unity and territorial integrity.
Traditional Authorities and Legitimacies, guardians of society's values, contribute to strengthening living together and social cohesion, to the prevention and management of conflicts.
The different categories of traditional Authorities and Legitimacies, their roles and the modalities of their intervention are determined by law.
The Republic of Mali may conclude, with any African State, association or integration agreements including partial or total abandonment of sovereignty with a view to achieving African unity.
The President of the Republic negotiates and ratifies treaties. He is informed of any negotiation tending toward the conclusion of an international agreement not subject to ratification.
Peace treaties, commercial treaties, treaties or agreements relating to international organizations, those that commit the finances of the State, those that relate to the status of persons, may only be approved or ratified by virtue of law. They take effect only after having been approved or ratified.
Treaties or agreements regularly ratified or approved have, from their publication, an authority superior to that of laws, subject, for each treaty or agreement, to its application by the other party.
The initiative for constitutional revision belongs concurrently to the President of the Republic and to members of Parliament.
The draft or proposed revision must be adopted, in identical terms, by both (02) Chambers of Parliament by a majority of two (2/3) thirds of their members.
The revision is final only after having been approved by referendum.
No revision procedure may be initiated or pursued when the integrity of the territory is under attack.
The republican form of the State, secularism, the number of terms of the President of the Republic and multipartyism may not be subject to revision.
The foundation of all power, in the Republic of Mali, resides in the Constitution.
The People have the right to civil disobedience for the preservation of the republican form of the State.
Any coup d'état or putsch is an imprescriptible crime against the Malian People.
Facts prior to the promulgation of this Constitution, covered by amnesty laws, may not, under any circumstances, be the subject of prosecution, investigation or judgment.
Legislation in force remains valid insofar as it is not contrary to this Constitution and is not the subject of express repeal.
Until the establishment of new institutions, established institutions continue to exercise their functions and powers.
However, the activities of the High Court of Justice end upon the promulgation of this Constitution.
This Constitution shall be submitted to referendum. In the event that it receives a majority of votes cast, the President of the Transition, Head of State, shall proceed to its promulgation within eight (08) days following the proclamation of the final results of the referendum by the Constitutional Court.