Mali - EP 1

Episode
(1)
Duration: 05-Sep-2017 to Present

In response to the lack of progress in implementing the Bamako Agreement (with each side blaming the other), continued ceasefire violations, ongoing attacks on peacekeeping forces, expanding terrorist and criminal activities in central and southern Mali, and widespread human rights abuses in the country, the Security Council unanimously adopted UNSCR 2374 on 5 September 2017 authorizing a travel ban and an asset freeze on designated individuals and establishing a Sanctions Committee and Panel of Experts to monitor sanctions implementation. No designations were made at the time of the adoption of the resolution, but the criteria for designation were spelled out and included: individuals engaging in hostilities in violation of the terms of the 2015 Bamako agreement, actions that obstructed, delayed or threatened the implementation of the 2015 agreement, financing either of the two preceding activities, planning or facilitating attacks on peacekeepers, obstructing the delivery of humanitarian assistance in the country, violating international human rights law, and/or recruiting child soldiers.

Despite the continued delay in implementation of elements of the 2015 agreement, continued attacks on UN peacekeepers, attacks on Malian forces, and what the UN Secretary-General described as “a deterioration of the security situation” in the country (due, among other things, to terrorist violence, violence associated with growing criminal activity, and inter-communal violence), there have been no sanctions designations to date. The French proposed some informally in April 2018, but they were not taken up.

The Secretary-General’s Report of 6 June 2018 stated that the security situation in the country had worsened since the signing of the 2015 Bamako Agreement. Over the past two years, the conflict in Mali has become more complex and multi-faceted. There has been a fragmentation among the non-state parties to the 2015 Bamako Agreement, as Taureg groups have split up into clans, the presence of foreign fighters has increased as have attacks by ISIL and Al-Qaida affiliated groups, communal violence has broken out in the center of the country, and there are growing reports of trafficking and criminal activity from regions of the country outside the control of the government. The MINUSMA mandate was extended for another year on 28 June 2018 by UNSCR 2423.


Coerce

Coerce parties to the 2015 Bamako Agreement to abide by the terms of the agreement (maintain the ceasefire and implement its power sharing arrangements) and abstain from threatening the political process of stabilization and reconciliation.

Constrain

N/A.

Signal

Signal support for regional mediation and peacekeeping operations (UN/G5 Sahel/France).


Mandatory

Travel ban against individuals and asset freeze against individuals or entities engaging in hostilities in violation of the terms of the 2015 Bamako agreement, actions that obstruct, delay or threaten the implementation of the 2015 agreement, financing either of the two preceding activities, planning or facilitating attacks on peacekeepers, obstructing the delivery of humanitarian assistance in the country, violating international human rights law, and/or recruiting child soldiers.


Sanctions were imposed for a limited time period (1 year). Sanctions Committee and Panel of Experts were created. Designation criteria were specified, but no targets have been designated. PKO has enforcement role.


Coercion

Ineffective

Policy outcome

Some aspects of the 2015 Bamako agreement have been implemented, but delays continue. Ceasefire agreements have been signed, but they are often violated. The SG’s June 2018 report concludes that the security situation has deteriorated since 2015.

Sanctions contribution

No designations have been made; regional diplomatic negotiations and the presence of military forces on the ground (MINUSMA and French forces) more significant to the outcome.

Constraint

N/A

Policy outcome

N/A.

Sanctions contribution

N/A.

Signaling

Ineffective

Policy outcome

UNSC statements and renewed authorization of MINUSMA signaled support for regional mediation efforts and reinforced support for transitional and peace agreements.

Sanctions contribution

Absence of sanctions designations and absence of any mention of sanctions in SG’s report suggest UN peacekeeping mission and regional negotiation efforts were more significant to the outcome.


Insufficient information available at present.


05-09-2017

Substantive

  • Imposes travel ban (1 year) and specifies humanitarian, religious, judiciary, peace and national reconciliation in Mali, and stability in the region exemptions.
  • Imposes financial asset freeze (1 year) and specifies exemptions for necessary basic expenses, extraordinary expenses, and expenses subject of a judicial, administrative or arbitral lien or judgment, or other approved purpose (upon prior approval).
  • Decides that the financial asset freeze provisions do not prevent the designated individual or entity from making payment due under a contract entered into prior to listing if not received by a designee (upon prior notification).
  • Delineates criteria for designations.

Procedural

  • Establishes Sanctions Committee and specifies its mandate.
  • Establishes Panel of Experts (13 months) and specifies its mandate.
  • Requests MINUSMA assistance to Sanctions Committee and Panel of Experts (within its mandate and capabilities).
  • Calls for MS reporting.