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Transitional Charter of Mali

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Transitional Charter of Mali Sixty-first year SPECIAL No. 17 1 October 2020 GOVERNMENT GAZETTE OF THE REPUBLIC OF MALI DECREE 2020-0072/PT-RM OF 1 OCTOBER 2020 ENACTING THE TRANSITION CHARTER GOVERNMENT SECRETARIAT-GENERAL 2 GOVERNMENT GAZETTE OF THE REPUBLIC OF MALI DECREE 2020-0072/PT-RM OF 1 OCTOBER Taking into account the Agreement for Peace and 2020 ENACTING THE TRANSITION CHARTER Reconciliation in Mali, resulting from the Algiers process; THE TRANSITIONAL PRESIDENT AND HEAD OF STATE Considering the patriotic nature of the events of 18 August 2020 which led to the free and In light of the Constitution, voluntary resignation of the President of the Republic Mr. Ibrahim Boubacar Keita, preceded and in light of the conclusions of the national by the dissolution of the National Assembly and consultation held on 10, 11 and 12 September the resignation of the Government; 2020, Considering the increase in deadly conflicts in the DECLARES THE FOLLOWING: central and northern regions of the country, with thousands of deaths, hundreds of villages Article 1: Enactment of the Transition Charter destroyed, thousands of displaced persons and adopted on 12 September 2020 by the country’s refugees, and the ultimate sacrifice of our armed ruling powers. forces who were ill-equipped and delivered to the enemy; Article 2: This decree, to which the Transition Charter is annexed, shall be registered and Considering the heavy toll paid by the daughters published in the Government Gazette. and sons of Mali who were victims of the violence and acts of repression that made martyrs Bamako, 1 October 2020 of peaceful demonstrators in July 2020; Transitional President and Head oF State, Recognizing the imperative need to place public Bah N’Daw action within a constitutional and legal framework, with the consent and mobilization of ------------------------------ the Malian people and the support of the international community; ANNEX TO DECREE 2020-0072/PT-RM OF 1 OCTOBER 2020 ENACTING THE Considering our commitment to the democratic TRANSITION CHARTER values and principles enshrined in the African Union’s African Charter on Democracy, TRANSITION CHARTER Elections and Governance of 30 January 2007 and in the Economic Community of West SECTION I: PREAMBLE African States (ECOWAS) Protocol on We, the ruling powers of the nation represented Democracy and Good Governance A/SP1/12/01 by the National Committee for the Salvation of of 21 December 2001; the People (CNSP), the Movement of June 5- Considering the urgency and the need to provide Rally of Patriotic Forces of Mali (M5-RFP), Mali with transition bodies in order to fill the political parties and groups, civil society constitutional and institutional vacuum in the organizations, organizations of Malians living conduct of public affairs; abroad, signatory movements of the Agreement for Peace and Reconciliation in Mali resulting Recognizing the need for a social truce to enable from the Algiers process, and the Inclusiveness the transitional authorities to lay the foundations Movements; for rebuilding the State; Motivated by a national drive to rebuild the Adopt this Transition Charter, which State, preserve republican principles and renew supplements the Constitution of 25 February democracy and citizenship; 1992 and of which this preamble is an integral Based on the Constitution of 25 February 1992 part. and Basic Act No. 001/CNSP of 24 August 2020; 1 October 2020 GOVERNMENT GAZETTE OF THE REPUBLIC OF MALI 3 SECTION II: TRANSITION VALUES, CHAPTER I: TRANSITIONAL PRINCIPLES AND MISSIONS PRESIDENT CHAPTER I: VALUES AND PRINCIPLES Article 4: The Transitional President serves as Head of State. The President ensures that the Constitution and Transition Charter are respected. Article 1: In addition to the values affirmed in the preamble to the Constitution of 25 February 1992, The President is chosen by a nomination this Charter enshrines the following values and committee set up by the National Committee for principles for conducting the Transition: the Salvation of the People. § patriotism, integrity, probity and dignity Article 5: The powers and prerogatives of the § virtue, responsibility and accountability Transitional President are defined in this Charter § discipline, civicism and citizenship and the Constitution of 25 February 1992. § fraternity, tolerance and inclusion § neutrality, transparency, justice and Article 6: The mandate of the Transitional impartiality President ends after inauguration of the President § dialogue and the spirit of consensus following the presidential election. § the spirit of solidarity, forgiveness and reconciliation. Article 7: The Transitional President is assisted by a Vice-President, who shall be appointed under the same conditions. CHAPTER II: MISSIONS The Vice-President is responsible for defence Article 2: The missions of the Transition as and security. enshrined in this Charter include the following: Article 8: Any candidate for Transitional § restoration and strengthening of security President and Transitional Vice-President must throughout the national territory meet the following requirements: § reformation of the State and creation of basic conditions for its reconstruction § be a civilian or military person § promotion of good governance § be of Malian national origin § redesign of the education system § be at least 35 years of age and no more § adoption of a social stability pact than 75 years of age § launch of process for political, § possess integrity, good character and institutional, electoral and administrative impartiality reform § be a well-known public figure § organization of general elections § be physically and mentally capable § implementation of the Agreement for Peace § have no criminal convictions and Reconciliation in Mali, resulting from the § be recognized for commitment to the Algiers process. defence of national interests. Article 9: The Transitional President and SECTION III: TRANSITION BODIES Transitional Vice-President are not eligible for election in the presidential and legislative elections that will be held to mark the end of the Article 3: The Transition bodies are the Transition. following: This provision is not subject to revision. § the Transitional President § the National Transitional Council Article 10: The Transitional President and § the Transitional Government. Transitional Vice-President shall take office no more than seven days after their appointment. 4 GOVERNMENT GAZETTE OF THE REPUBLIC OF MALI Before taking up their duties, they shall make the § be recognized for patriotic commitment following oath to the Supreme Court: § be of good character. “I swear before God and the people of Mali to Members of the Transitional Government shall faithfully preserve the republican regime, to not be eligible for election in the presidential and respect and ensure respect for the Constitution, legislative elections that will be held to mark the the Transition Charter and the Law, to perform end of the Transition. my duties in the best interests of the people, preserve democratic achievements, and ensure CHAPTER III: NATIONAL national unity, the independence of the TRANSITIONAL COUNCIL homeland and the integrity of the national territory. I solemnly and honourably pledge to Article 13: The National Transitional Council is do my utmost to achieve African unity.” the legislative body of the Transition. Within 48 hours following the inauguration It shall be composed of 121 members, divided ceremony, the President of the Supreme Court between the Defence and Security Forces, shall publicly receive written declarations of representatives of the Movement of June 5-Rally of assets for the Transitional President and Patriotic Forces (M5-RFP), political parties and Transitional Vice-President. This declaration groups, civil society organizations, trade unions, shall be updated annually. free and autonomous trade unions, human rights organizations, professional organizations, Malians Within a maximum period of one month before living abroad, the signatory movements of the the end of the Transition, the Court shall receive Agreement for Peace and Reconciliation in Mali a second written declaration. This shall be resulting from the Algiers process, the published in the Government Gazette together Inclusiveness Movements, groups of women, with any supporting documents in the event of an young people and people living with disabilities, increase in assets. religious denominations, traditional and customary authorities, consular chambers, and umbrella This declaration obligation shall also apply to all organizations for the press, arts and culture. members of the Transition bodies established by this Charter, upon entering and leaving office. An act sets the allocation breakdown between the components of the National Transitional Council. CHAPTER II: TRANSITIONAL GOVERNMENT The National Transitional Council shall exercise the prerogatives defined by this Charter and the Article 11: The Transitional Government is Constitution of 25 February 1992. headed by a Prime Minister appointed by the Transitional President. Article 14: The National Transitional Council shall be chaired by a civilian or military person It shall exercise the prerogatives defined by this elected from among its members. Charter and the Constitution of 25 February 1992. Presidency of the National Transitional Council is incompatible with the exercise of any other The Transitional Government shall consist of no mandate or responsibility during the Transition. more than 25 members. Article 15: The National
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