Page 1
July 2008 1
Mali Justice Project
Quarterly Report Quarter 1, Fiscal Year 2021 – 10/01/2020 to 12/31/2020
Submission Date: 01/29/2021
Contract Number: AID-688-TO-16-00002
Activity Start Date and End Date: December 8, 2015 to December 7, 2022
COR: Moussa Bambara
Submitted by: Jean Lavoie, Chief of Party
Checchi and Company Consulting, Inc.
1000 Wilson Blvd, Suite 2520
Arlington, VA 22209
Tel: 202-452-9700
Email: [email protected]
Approved by the COR , Moussa Bambara
Date: April 2, 2021
Page 2
January 2021 2
PROJECT OVERVIEW
Activity Name: Mali Justice Project
Activity Start Date and End Date: December 8, 2015 to December 7, 2022
Name of Prime Implementing
Partner: Checchi and Company Consulting, Inc.
Contract Number: AID-688-TO-16-00002
Total Estimated Cost $31,880,958
Name of Subcontractors/Sub
awardees:
Management Systems International, Inc.; Development
Professionals, Inc.; Fondation Hirondelle
Major Counterpart Organizations
DNAJ, INFJ, Ministry of Justice, Hakew Sabatili, GREFFA,
ODI Sahel, GARDL, AMSS, WILDAF, Inter Regional
Platform, AJCAD
Geographic Coverage Mali
Reporting Period: October 1, 2020 to December 31, 2020
Page 3
January 2021 3
TABLE OF CONTENTS
Project Overview................................................................................................................................ 2
List of Acronyms ................................................................................................................................. 4
1.1 Executive Summary .................................................................................................................. 6
1.2 Background and Objectives .................................................................................................... 8
Activities Update by IR and Sub IR ....................................................................................... 9
2.1 Achieved during this Reporting Period ................................................................................. 16
Component 1 .................................................................................................................................... 16
Component 2 .................................................................................................................................... 32
Component 3 .................................................................................................................................... 42
2.2 Activities Planned but Not Achieved ..................................................................................... 51
2.3 Planned Activities for Next Quarter ..................................................................................... 55
3 Challenges Encountered and Proposed Solutions ........................................................... 57
4 Cross-Cutting Issues .............................................................................................................. 58
5 Monitoring, Evaluation and Learning .................................................................................. 58
6 Management/Staffing .............................................................................................................. 58
7 Risk Management and Security ............................................................................................ 59
LIST OF ANNEXES:
ANNEX A. SUCCESS STORIES
ANNEX B. QUARTERLY FINANCIAL REPORT
ANNEX C. INDICATOR TABLES
Page 4
January 2021 4
LIST OF ACRONYMS
ADENORD Association Pour le Développement du Nord Mali
AGETIC Governmental Agency for Managing Information and Communication Technologies
AJCAD Youth Association for Active Citizenship and Democracy
AJM Association des Juristes Maliennes
AMSS Association Malienne pour la Survie au Sahel
APDF Association pour le Progrès et la Défense des Droits des Femmes
APROFEM Association pour la Promotion de la Femme et de l’Enfant au Mali
CAO Citizens Advocacy Office
CCP Code of Criminal Procedure
CLAC Citizen Action Club
CNCLTPA National Committee for Coordination of the Fight against Trafficking in Persons and
Related Practices
COR Contracting Officer's Representative
COVID-19 Novel Coronavirus Disease 2019
CPL Standing Legislative Committee
CPS Planning and Statistics Unit
CRADE Cabinet de Recherche Actions pour le Développement Endogène
CSM Supreme Council of Magistracy
CSO Civil Society Organization
DFM Directorate of Finance and Materials
DNAJ National Directorate for Justice Administration
DNAJS National Directorate for Judicial Affairs and Seal
ECOWAS Economic Community of West African States
GARDL Groupe Action Recherche pour le Développement Local
GBV Gender-Based Violence
GOM Government of Mali
GPEEC Gestion Prévisionnelle des Emplois, des Effectifs et des Compétences
GREFFA Groupe de Recherche d’Etude de Formation Femme – Action
HR Human Resources
HRIS Human Resource Information System
INFJ National Judicial Training Institute
ISJ Inspectorate of Judicial Services
IT Information Technology
Page 5
January 2021 5
KAKOFO “We must talk about it” corruption reporting app
MINUSMA United Nations Multidimensional Integrated Stabilization Mission in Mali
MJP Mali Justice Project
MOJ Ministry of Justice
MTAD Ministry of Territorial Administration and Decentralization
OCLEI Office Contre l’Enrichissement Illicite
ODI Sahel Organisation pour un Développement Intégré au Sahel
PEF Economic and Financial Pole
PJS Specialized Judicial Pole
PROMODEF Association pour la promotion juridico économique de la femme et de l’enfant
QIP Quick Impact Project
SKBO Sikasso-Korhogo-Bobo Dioulasso cross-border region
TFP Justice Technical and Financial Partners group
TIP Trafficking in Persons
TOR Terms of Reference
TOT Training of Trainers
USAID United States Agency for International Development
WILDAF Women in Law & Development in Africa
Page 6
January 2021 6
1.1 EXECUTIVE SUMMARY
Component 1: Enhance Justice Service Delivery and Efficiency of Justice Sector Institutions
During Year 6, which began this quarter, the three major areas of intervention that will MJP will focus
on are improving the performance, efficiency and accountability of central services – departments of
the Ministry of Justice (MOJ) that include administration, finance and courts; capacity building of the
independent government bodies set-up to address economic and financial crime, corruption, illicit
enrichment, and the fight against terrorism and transnational organized crime; and promoting human
rights and improving of citizens' perception of the judicial system.
During the quarter, MJP continued to support a working group revising the regulations on the
organization and function of the MOJ’s central services. This process began with the regulations
governing the DNAJ and has continued on to include DNAJS regulations, which is the department of
the Ministry in charge of legislation. This process supports the implementation of the Justice Sector
Orientation and Programming Act for 2020-2024, which aims to increase the autonomy, career
attractiveness, and funding of the central services.
Within the framework of human rights promotion, MJP is now providing logistical support to the
National Committee for Coordination of the Fight against Trafficking in Persons and Related
Practices. In the field of improving citizens’ knowledge of and transparency in the judicial system, the
new Minister of Justice has endorsed the MJP-drafted “Compendium of Codes and Relevant
Documents, Volume 11,” with publication imminent. This volume includes about 50 documents in
total, including relevant national and international agreements such as the Agreement for Peace and
Reconciliation, resulting from the Algiers Process and the Agreement between the United Nations
and the Government of the Republic of Mali relating to the Status of the United Nations
Multidimensional Integrated Stabilization Mission in Mali (MINUSMA). It also includes more practical
information such as instructions for formulating an efficient request for extradition and mutual legal
assistance.
Finally, in the area of improving the perception of the judiciary, the Quick Impact Project (QIP)
renovations at the High Courts of Commune I and 5 of the District of Bamako, the High Court of
Mopti, and the Court of Appeal of Sevaré were completed and officially accepted by the MOJ this
quarter. This concludes the current round of QIP renovations.
Component 2: Increase Immediate Access to Justice
During the reporting period, Component 2 continued to work to enhance Malians access to justice
services through free legal assistance and legal representation as well as public policy reforms. As
such, the grants team assisted MJP CSO partners in submitting final programmatic and financial
reports. The grants team also launched the third phase of the MJP Access to Justice grants program
by soliciting submission of project proposals from MJP CSO partners.
Page 7
January 2021 7
On the policy front, the MOJ through the DNAJS has expressly requested MJP’s support to prepare
for the adoption of a traditional justice bill. It is noteworthy that the transitional authorities have
made the passage of this bill one of their top priorities. The law is expected to pass in April 2021. At
the same time, the Minister of Justice has endorsed the proceedings of the conference on paralegalism
in Mali (that MJP organized in June 2019) by drafting and signing the foreword. The proceedings will
be published early next quarter and will set the stage for the upcoming reform of Mali’s legal aid
system.
MJP also commissioned a study on the role that the private sector could play in the funding of legal
aid in Mali. Preliminary results are encouraging as private sector companies are indicating their
willingness to co-fund legal aid as part of their corporate social responsibility, although it is still too
early to know whether this will materialize. The study will be published next quarter along with a
conference with relevant stakeholders to discuss the specifics of how the private sector could co-
fund legal aid. Any involvement from the private sector would require the Ministry of Justice to
commit to a significant level of cost sharing.
Component 3: Access to Justice Increased and Corruption Reduced Along the
Sikasso-Koury and Sikasso-Heremakono Trade Corridors
The anti-corruption component of MJP builds upon the lessons learned from the five previous years
of activity implementation and technical assistance interventions in order to consolidate capacity
development gains, improve efficiency and transparency at control checkpoints, and further
strengthen legal support mechanisms and advocacy platforms, including an increased awareness of the
services and support available to suspected victims of gender-based violence (GBV), sexual
harassment and trafficking in persons (TIP). The primary objective during the last year of under
Component 3 is to ensure that targeted capacity development efforts for project stakeholders and
partners will enable them to be self-supporting and sustainable, and that the mechanisms and tools
that have been created under Component 3 are effectively institutionalized as part of its strategy to
close out by the end of 2021.
During this first reporting period of Year 6, MJP’s anti-corruption component team was focused on
the further revisions to the Year 6 work plan, partner and stakeholder sustainability and capacity
development plans, and the development of implementing tools to improve coordination,
communication and focus of component activities. In so doing, the team continued implementing
Year 5 Work Plan activities that had been delayed due to the COVID-19 health crisis, including the
no-cost extension of sub-grant agreements with its main implementing partners, the Interregional
Platform and the Youth Association for Active Citizenship and Democracy (AJCAD). The period was
also used to prepare the request for proposals to solicit new grant proposals to continue the work
being conducted by the Interregional Platform and continued management and capacity development
of Citizen Advocacy Offices (CAOs) during the last year activities.
Page 8
January 2021 8
1.2 BACKGROUND AND OBJECTIVES
The purpose of the USAID Mali Justice Project is to support the Government of Mali’s goal of
more efficient, effective, and competent Malian justice sector institutions that are accountable
and responsive to the needs of Malians. The project aims to work with the formal and informal
justice sector to 1) improve the institutional capacities of key justice sector institutions, especially
the National Directorate for Justice Administration (DNAJ) and courts; 2) improve the
framework and processes of access to justice by supporting the work of organizations facilitating
access to justice through expanding paralegal and legal aid clinics, but also through working to
connect informal justice to the formal justice sector, and 3) provide targeted legal services,
advocacy, and public information campaigns along a key trade route to reduce the level of
corruption. In August 2020, MJP was awarded two additional years, extending the project through
December 7, 2022.
The Mali Justice Project is also part of the development objective of “strengthening citizen trust
in the State" of the USAID country strategy and Security Governance Initiative for Mali. Providing
legal services to citizens and the fight against impunity are among the priorities of the Malian
government and were the basis of the Emergency Program for Strengthening the Judiciary System
adopted in December 2015. In late 2019, the National Assembly officially adopted the Justice
Sector Orientation and Programming Act for 2020-2024, which will be the frame of reference
for all the technical and financial partners who wish to intervene in the justice sector over the
next five years. MJP was a major contributor to the drafting of this act through financial, logistic,
and technical support. The content of the Act will also orient MJP’s activities for the remainder
of the project.
The rapid adoption of the Programming Act by the National Assembly is an illustration of the
political will to support the justice sector to improve the rule of law and democracy.
Notwithstanding this significant progress, the MOJ must make available the funds provided for in
the Programming Act. So far that has not been the case. When the law was passed in December
2019, the national budget had already been voted and was being implemented. Therefore, we
expect to see some improvement in that regard in the 2021 budget.
In Year 6, the project will maintain its original design focusing on activities that drive positive
change within the justice sector and increase the government’s capacity to implement justice
related reforms and policies while supporting the implementation of key documents such as the
Joint Country Action Plan of March 2020 (JCAP2) and the Justice Sector Orientation and
Programming Act for 2020-2024.
Page 9
January 2021 9
ACTIVITIES UPDATE BY IR AND SUB IR
The following chart summarizes the activities implemented in the current quarter. Note that it
only shows activities planned for or completed this period. For a full schedule of MJP activities,
please reference the Year 6 Work Plan. Boxes in blue show activities implemented or ongoing
as scheduled in the Work Plan or ongoing. Boxes in red show activities scheduled but not
completed. Boxes in green show activities implemented or progressing ahead of schedule.
TABLE 1: MASTER GANTT CHART OF ACTIVITIES PLANNED FOR FISCAL YEAR 2021 (MJP YEAR 6)
Activities Q1
Planned
Q1
Actual Q1 Comments
Component 1 - Enhance Justice Service
Delivery and Efficiency of Justice Sector
Institutions
1.1 Improving the performance, efficiency, and
accountability of central services and courts
1.1.1 Review of texts on the organization and
functioning of central services
Ongoing. DNAJS texts under review by the
working group. MJP has negotiated a change in the
logistics of the review policy following an uptick in
COVID-19 cases at the end of the quarter and
the subsequent suspension of meetings.
1.1.2 Support to the DNAJ in courts performance
monitoring missions
Achieved. Monitoring missions conducted at the
High Court of Kita (October) and the High Court
of Koutiala (November).
1.1.3 Support for organizational diagnoses of
select sub-structures of central services
Planned for Quarter 2.
1.1.4 Support to the CPS in collecting statistical
data and coordinating the TFPs intervening in the
justice sector
Planned for Quarter 2. The previous Director of
the CPS has been nominated to the Constitutional
Court. MJP awaits the appointment of a new
Director to proceed.
1.1.5 Design, installation, and deployment of a
human resources management system (HRIS and
GPEEC)
The official handing over ceremony for two MJP-
drafted HR procedures manuals (for magistrate
and non-magistrate staff) took place on December
04, 2020 under the chairmanship of Mr. Sombé
Therea, Secretary General, representing the
Minister of Justice. A firm has been selected to
develop the HRIS modules.
1.1. 6 Training of MOJ officials on the human
resources management system (HRIS and GPEEC)
and evaluation of the individual performance of
magistrate and non-magistrate staff
Achieved. Conducted from December 16-17 at
the DNAJ.
1.1.7 Update of the HR procedure manual for
magistrate and non-magistrate staff following the
adoption of the new statutes for magistrates, and
registry staff
New statues have not yet been adopted.
Page 10
January 2021 10
1.1.8 Software development and computerization
of civil and criminal chains
Ongoing. MJP is working with the Governmental
Agency for Managing Information and
Communication Technologies (AGETIC) to jointly
design and implement the software. A working
group was established this quarter and a draft
Memorandum of Undertanding was estabished
outlining the roles and responsibilities of each
party, namely MJP, MOJ and AGETIC.
1.1.9 Deployment of the intranet in central and
external services
This activity remains pending under procurement
review.
1.1.10 Training of ISJ inspectors on audit and
logistical support in reports dissemination
The previous Chief Inspector has been named
Minister of Justice. MJP awaits the appointment of
a new Chief Inspector and new Inspectors to
proceed.
1.1.11 Training of heads of courts and
prosecutors’ offices and court clerks on the
budget-program and the annual performance plan
Achieved. Three training sessions were conducted
this quarter in Bamako (October 12-16), Kayes
(October 26-30), and Segou (November 30 -
December 4).
1.1.12 Advisory support to program managers in
the development and implementation of their
annual performance plan
Achieved. Training conducted for DNAJ managers
from December 23-24, 2020.
1.1.13 Support to the Supreme Council of
Magistracy (CSM)
Planned for Quarter 2. The previous Secretary of
the CSM has been appointed to the OCLEI. MJP
awaits the appointment of a new Secretary to
proceed.
1.1. 14 Development of a procedure manual
following the adoption of the new Criminal
Procedure Code and the new Penal Code
Pending the adoption of the new Codes.
1.1.15 Training of actors of the criminal chain on
the new Criminal Procedure Code and the new
Penal Code
1.1.16 Training of judges responsible for the terms
and conditions of sentences after adoption of the
new Criminal Procedure Code and designation of
magistrates
1.1.17 Review of codes and texts according to the
priorities of the MOJ and the Justice Programming
Act
Ongoing. To be completed as soon as new legal
texts are approved and selected review
1.1.18 Logistical support to the Standing
Legislative Committee (CPL)
1.1.19 Organization of conferences of heads of
courts and prosecutors’ offices
Achieved. This conference took place in Bamako
from November 23-24, 2020.
1.1.20 Organization of conferences on the
functioning of clerks’ offices and training of clerks
in archiving
This conference is planned for next quarter. From
October 6-7, 2020, MJP help a training workshop
for Chief Clerks on public accounting (Activity
1.3.2 from Y5WP), which has previously been
postponed.
Page 11
January 2021 11
1.1.21 Quick impact projects concerning courts
and central services
The Quick Impact Project (QIP) renovations at
the High Courts of Commune I and 5 of the
District of Bamako, the High Court of Mopti, and
the Court of Appeal of Sevaré were completed
and officially received by the Ministry of Justice
this quarter.
1.1.22 Provision of courts benefitting from quick
impact projects with archiving equipment
Procurement process underway.
1.2 Strengthening the capacities of the
Economic and Financial Pole and the
Specialized Judicial Pole
1.2.1 Perform an organizational diagnosis of the
standards, procedures, equipment of the PEF and
the PJS
Pending the adoption of the new Criminal
Procedure Code.
1.2.2 Support to the Economic and Financial Pole
(PEF) and to the Specialized Judicial Pole (PJS)
following the results of the organizational
diagnosis
Pending the adoption of the new Criminal
Procedure Code.
1.2.3 Training of magistrates and judicial police
officers of the Economic and Financial Pole (PEF)
and the Specialized Judicial Pole (PJS) on letters
rogatory and special investigation techniques as
well as on the modules resulting from the
organizational audit
MJP is actively recruiting a Capacity Building
Specialist to support these training initiatives.
1.3 Promotion of human rights and
improvement of citizens' knowledge of the
justice system
1.3.1 Logistical support to the National
Committee for Coordination of the Fight against
Trafficking in Persons and Related Practices
(CNCLTPA)
Ongoing in collaboration with Component 2. See
Activity 2.5.3.
1.3.2 Training actors in the criminal chain on GBV,
TIP, and migrant smuggling
Postponed to next quarter due to a clerks' union
strike.
1.3.3 Distribution of the "100 Legal Fact Sheets:
Justice Explained to Malians"
Achieved/Ongoing. All MJP Components are
active in distributing these resources.
1.3.4 Distribute a collection of codes and
common texts (Volume II)
Achieved. Volume II of the Compendium of
Codes and Common Texts is complete and
accepted by the Minister of Justice. The office
handover ceremony will take place next quarter.
1.3.5 Development and distribution of case law
collections
A consultant has been selected and approved to
complete this collection.
1.3.6 Design and installation of harmonized
signage at QIP sites
Achieved at all completed QIP sites.
1.3.7 Preliminary study on the design and
development of a public justice portal
The TORs for this assignment are drafted and will
be finalized next quarter.
Component 2 - Increase Immediate Access
to Justice
2.1 Strengthen the capacity of traditional
leaders, women, and youth to advance access
Page 12
January 2021 12
to justice and resolve community disputes
consistent with the rule of law
2.1.1 Technical Working Group meetings
between MTAD, MOJ, and MJP to facilitate the
implementation traditional authorities’ capacity
building activities
Ongoing. The MoJ through the national
directorate of judicial affairs and the seal, has
asked MJP to assist in the preparation of key
resources that will be presented to members of
the government who did not participate in the
earlier consultative process leading to the drafting
of the traditional justice bill. That work has
started and will be completed next quarter.
2.1.2 Support the organization of a national
workshop to validate the training curriculum for
traditional authorities
Delayed. The Director of DNAJS has urged MJP
to be ready to assist the ministry in rolling out the
traditional authorities’ capacity building activities
as soon as the traditional authorities’ bill is
officially submitted to the Council of Ministers. He
is delighted that a first version of the training
curriculum is ready for validation. 2.1.3 Conduct one three-day training of trainers for
MTAD and MOJ technical staff
2.2 Greater public access to trained paralegals
and legal services
2.2.1 Subgrants given to CSOs to support provision
of legal services
The grant process is ongoing. All project
proposals have been received, analyzed and
validated by the Mali office. Final grantee
candidates will be submitted to the DC office for
onward submission to USAID for approval.
2.2.2 Training of grantees on grant management Initial trainings will be conducted once the grant
award process is completed. 2.2.3 Training of trainers for grantees on
programmatic and technical knowledge
2.2.5 Quarterly monitoring, mentoring, and
reporting on grantees’ activities, achievements, and
financial accounting
Monitoring will begin once the grant award
process is completed.
2.3 Leveraging technology to expand access to
justice services for Malians
2.3.2 Establish a virtual legal clinic through an
access to justice Call Center
Ongoing. Offers received for the original RFP
were responsive to the logistical aspects of this
activity (creating a functioning call center) but
were not adequate for the technical requirements
(providing legal advice). A new RFP will be
launched next quarter to recruit two firms (one
legal-focused and one communication-focused) to
offer services planned under the access to justice
call center (legal advice and referral).
2.4 Establish a policy framework to improve
access to justice at the community level
Page 13
January 2021 13
2.4.2 Assist the Malian Bar Association to develop
and adopt a pro bono policy
Ongoing. The Secretary General promised to
coordinate with the president of the Bar in
January 2021 to set up a committee to review the
various issues on which they are working on with
MJP including the validation of the Bar TIP plan,
the review and approval of the legal aid report,
and finally the development of the pro bono
policy.
2.4.4 Publish the Acts of the Conference on the
funding of legal aid by the private sector
Progress ahead of schedule. The selected
consultant produced the report of the study that
he submitted after several technical meetings with
MJP program team and top management. The
study is currently being reviewed and should be
published early next quarter
2.4.5 Support the MOJ to adopt the law on the
status and role of Qadis and traditional authorities
in the distribution of justice
Ongoing. The transitional government of Mali has
set the passage of the bill on the role of Qadis and
other traditional authorities in the distribution of
justice as one of their top priorities. According to
the transition roadmap, this bill shall be passed by
latest April 2021. MJP is providing technical
support to the ministry to prepare strategic
resources that will be presented to public
stakeholders to facilitate the legislative process.
2.5 Strengthen the justice sector response to
trafficking in persons
2.5.2 Issue grants to two CSOs to offer services
to TIP victims
Ongoing. See section 2.2.1 above.
2.5.3 Assist the CNCLTPA to hold monthly
meetings to advance anti-TIP policy agenda
Ongoing. The CNCLTPA held two meetings
during the period. The Committee should have
held a third meeting but because of the surge in
COVID-19 cases that meeting could not take
place.
2.5.4 Assist the CNCLTPA to review and validate
draft laws on trafficking in persons and the
smuggling of migrants
2.6 Increase access to justice for women,
youth, and disadvantaged groups
2.6.1 Award a grant to the Hakew Sabatili network
to provide health, psychosocial, and legal services
to women, youth, and disadvantaged groups
Ongoing. See section 2.2.1 above.
2.6.2 Build the capacity of the Hakew Sabatili
Network on new gender discrimination areas
The training will take place once the grant is
awarded and Hakew Sabatili begins project
implementation.
2.6.3 Support the Hakew Sabatili network to
implement its advocacy strategy
MJP has assisted the Hakew Sabatili platform to
prepare an infographic report, a powerful
advocacy tool, that contains key information on
the achievements of the last year pilot project
along with prioritized recommendations for the
improvement of services to GBV survivors. The
document will be shared with relevant
stakeholders at the beginning of next quarter.
Page 14
January 2021 14
2.7 Public Outreach Campaigns
2.7.3 Access to justice television programs Ongoing. The administrative process is ongoing
for the selection of the service provider.
Component 3 - Access to Justice Increased
and Corruption Reduced along the Sikasso-
Koury and Sikasso-Heremakono Trade
Corridors
3.1 Sustainable reduction in the vulnerability
risks of trade corridor users in regard to
corruption and harassment, including GBV and
TIP
3.1.1 Support for the implementation of
Strategic Sustainability Plans for the
Interregional Platform and Citizen Advocacy
Offices
3.1.1.1 - Continue to implement the Platform's
Sustainability Plan
No cost extension of the 2019 grant agreement
completed with as results 828 corridors users
sensitized, more than 100 local economic
operators informed by the newly trained trainers,
19 victims of abuse assisted, and 10 radio
programs produced and broadcast;
Platform 2021 work plan and internal regulations
adopted and will be supported through a new
grant agreement.
3.1.1.2 - Supporting AJCAD in implementing its
Sustainability and Capacity Development Plan for
Citizen Advocacy Offices (PCBs)
No cost extension of the 2019 grant agreement
completed with as results 48 debates organized in
Sikasso, Koutiala, Bougouni, Kadiolo and Koury as
well as 7 voluntary facilitation sessions on GBV
(gender-based violence) organized in Sikasso and
Koutiala
3.1.2 Routinization of checkpoint
interventions and legal assistance to users who
are victims of corruption and road
harassment, with particular attention to GBV
and TIP
3.1.2.1 - Accompanying local branches to ensure
the institutionalization of Watch Cells in
agreement with the relevant regional authorities
Printing and dissemination of the Watch Cells’
procedural manual delayed but expected to be
done in the course quarter 2
3.1.2.2 - Supporting the satisfactory handling of
complaints and requests for assistance from users
422 people were reached by these outreach
missions, including 312 men and 110 women; 124
people received assistance (judicial, legal,
administrative or/and mediation) in regard to,
upon complaints of harassment or/ abuse of
authority at checkpoints, including 6 women;
21 traders formally registered their businesses.
3.1.2.3 Support for the detection, reporting and
management of GBV and TIP cases along target
road corridors
One GBV case, involving a married couple,
reported and satisfactorily resolved through
traditional marriage mediation mechanism
3.1.3 - Support for the capacity of
professional corridor users and the
solidification of public support
Page 15
January 2021 15
3.1.3.1 - Supporting the Coordination of the
Platform to design, organize and facilitate cascading
capacity building actions for the benefit of
professional users of the corridors
12 new trainers trained (2 par local branches) and
started to share knowledge to their economic
operators in their localities on the rules and
procedures of trade, customs, transport, GBV,
TIP, and the fight against corruption
3.1.3.2 - Strengthening public support in the fight
against road harassment of all kinds
Two press clubs organized with the regional
authorities in Sikasso’s on (i) the role of women
traders' associations in the development of cross-
border trade, and (ii) respect for the free
movement of people and goods in a context of
cross-border insecurity; the first 10 seven-minute
episodes of radio theater series in French and
Bambara produced with Studio Tamani
3.2 Conducive change in the enabling
environment of the control system regulations
and practices in selected road corridors
3.2.1 Support for the implementation of the
Joint Strategic Advocacy Plan of Key Partners
3.2.1.1- Facilitate the organization of quarterly
problem and incident resolution meetings in three
covered regions: Bougouni, Koutiala and Sikasso
52 regional authorities and key actors participated
in the 2 advocacy meetings organized in Koutiala
and Yorosso, and issued several recommendations
to address persistent challenges in the trade
corridors;
Process of recruitment of the advocacy consultant
initiated
3.2.1.2 - Making effective service standards specific
to checkpoint control operations
Implementation plan and documents of the first
part of the activity (standards development) have
been agreed with the Platform
3.2.2 Central Advocacy Support with the
Cadre de Concertation
3.2.2.1 - Support for the development and
structuring of arguments
Recruitment of the strategic litigation team in
process
Resume of the preparation of the Money trail field
journalist investigation
3.2.2.2 - Supporting the Joint Advocacy Actions of
the Framework for Consultation and the Platform
Recruitment process of the consultant to perform
institutional assessment of the Cadre ongoing
3.2.3 - Deploying an influence communication
campaign
3.2.3.1 - Building influence communication
capabilities
Training of partners in digital, internal and
interpersonal communication.
Elaboration of digital communication strategies
and implementation planning. Monitoring of
implementation
3.2.3.2 - Support for the Influence Communication
Campaign
Multimedia campaign with media partners (Studio
Tamani, SKBO) on the themes of free movement
of people and goods
a Week-long celebration of the International Anti-
Corruption Day in Sikasso, Bougouni, Kadiolo,
Koury and Koutiala.
Page 16
January 2021 16
2.1 ACHIEVED DURING THIS REPORTING PERIOD
Component 1 - Enhance Justice Service Delivery and Efficiency of Justice Sector
Institutions
1.1 Improve the performance, efficiency and accountability of central services and
courts
1.1.1 Review the texts on the organization and functioning of central services
One of the first activities opened as part of the implementation of the Programming Act focuses
on the revision of the texts creating the DNAJ as well as the other central services (DNAJS, INFJ,
CPS, DFM, ISJ) in order to confer more autonomy and more human resources to these services
and enable them to fulfill their missions with the required competence and efficiency. The
Working Group, that was established by the Minister of Justice and Human Rights with the
support of MJP, has thus drawn up a schedule for reviewing texts relating to central and similar
services.
It is for this reason that the texts relating to the organization and operating procedures of the
DNAJS were submitted to the Working Group but have not yet been examined and validated.
The initial programming of the sessions was indeed completely upset by the upsurge in the
COVID-19 pandemic at the end of this quarter and the subsequent suspension of meetings.
The leader of Component I therefore initiated discussions with the General Secretariat of MOJ
and the Chair of the Working Group with a view to reviewing the format of the sessions. With
this in mind, the Directors of the central services concerned will send the draft texts prepared
at their level by email to the members of the Working Group for comments and amendments.
The summaries will then be made in a small committee (a maximum of ten people). This approach,
once finalized with the General Secretariat, will make it possible to move forward during the next
quarter in the examination of the draft texts on the organization and functioning of central
services
1.1.2 Support to the DNAJ in courts performance monitoring missions
The Malian justice public service is constantly the subject of criticism highlighting its slowness and
dysfunctions, both on the part of users and citizens as well as legal professionals. It was with a
view to correcting these dysfunctions that MJP undertook the implementation of Quick Impact
Projects (QIPs) targeting a few courts in the country before subsequently conducting joint
performance evaluation missions.
Page 17
January 2021 17
These evaluation missions in partnership with the DNAJ also aim to give the executives of this
department the necessary tools through mentoring to effectively fulfill their responsibilities in
courts monitoring and control. It is also important to emphasize that the execution of QIPs is
always preceded by exchanges between the project team and the officials of the court concerned
on the basic guidelines whose implementation is likely to improve the performance and efficiency
of their work, in particular in the area of users’ reception and orientation; classification and
distribution of cases; conduct of hearings; sustainability of the improvements made thanks to the
quick impact project; securing the premises.
The evaluation missions took place respectively at the level of the High Court of Kita (a QIP site)
from October 26 to 27, 2020 and the High Court of Koutiala (non-QIP site) from November 26
to 27, 2020. Overall, hearings are held on a regular basis in these two courts and proceedings in
both civil and criminal matters are examined and judged within a reasonable timeframe on average
between one and two months, with the exception of the cases transmitted to the investigating
judge which must be the subject of information whose duration of depends on the complexity of
the offenses or the number of perpetrators and accomplices incriminated.
Cross-evaluation missions revealed that dysfunctions are common to the two High Courts of
Kita and Koutiala and relate to the following points:
• Absence of minutes of general assemblies and meetings;
• Irregular frequency in establishing quarterly notices.
However, the conclusions of these joint evaluation missions show that, unlike the High Court of
Koutiala, the High Court of Kita, beneficiary of a quick impact project, was able to capitalize and
apply the guidelines resulting in:
• The appointment of an agent responsible for the reception and orientation of users;
• The appointment of a magistrate responsible for monitoring the maintenance of the
premises in order to prevent and repair damage.
• Finally, the existence of a book for distributing the minutes and cases among the
substitutes. This makes it possible to have visibility on the workload assigned to the
collaborators of the public prosecutor and therefore promote diligent processing of cases.
These guidelines were explained to managers of the High Court of Koutiala, who made a
commitment to implement them as soon as possible. This approach will be duplicated over time
as part of the joint missions planned during the next stages.
In the same vein, the capacities of DNAJ managers are further strengthened thanks to these
missions, which are carried out within the framework of a dynamic based on mentoring so that
the managers concerned can autonomously lead in the field court evaluation missions. A guide
Page 18
January 2021 18
for evaluating court performance has been finalized in this regard and will be the subject of an
official presentation ceremony at the MOJ.
1.1.5 Design, installation, and deployment of a human resources management system
(HRIS and GPEEC)
As part of the design and deployment of a human resources management system (HRIS and
ECCM), the development of a procedure manual is a prerequisite and this step has been achieved
by providing the MOJ with two procedure manuals, one for magistrate staff and the other for
non-magistrate staff, designed by the MJP HR Specialist.
The official handing over ceremony for these manuals took place in the morning of Friday,
December 04, 2020 in the conference room of the MOJ under the chairmanship of Mr. Sombé
THERA, Secretary General, representing the Minister of Justice and Human Rights.
This ceremony marks an important step towards achieving the objective of improving human
resources management in the sectors of Malian Administration in general and Justice in particular.
Indeed, each public service in application of instruction 00003 / PRIM - CAB of November 21,
2002 in Mali, is required to have a manual of procedures which serves as the basis for the internal
control system.
However, the DNAJ did not yet have this Human Resources management and control tool setting
out the fundamental principles and general conditions of service considered essential for the
proper functioning of the Department. MJP has acceded in this regard to the request of MOJ in
order to support the modernization of human resources management and in this regard, the
development of HR procedures manuals constitutes a major milestone.
Developing the two HR procedure manuals (Magistrates and other MOJ officials) appears to be
one of the key tools for disseminating management policies, standards and procedures likely to
contribute to better management of the careers of magistrates, court clerks as well as other
officials serving in the Department.
The HR procedure manuals address the most common situations that will allow each magistrate
and other MOJ official to know his rights and duties. They bring together in a single document all
the legislation applicable to magistrate and non-magistrate staff of the MOJ to respond to this
aforementioned instruction from the Prime Minister, Head of Government as part of the
improvement of the HR management of ministerial departments.
The manuals focus specifically on:
• the conditions of access to the profession;
• initial and continuing training;
• rating procedures as well as disciplinary procedures;
Page 19
January 2021 19
• methods of remuneration;
• holidays; termination of office, in other words retraces the entire career from entry into
office to retirement of the magistrate and other MOJ staff.
The HR procedures manual for magistrates is covered in seven titles and 29 articles, while the
HR procedures manual for other officials has 9 titles and 34 articles. These two documents in
their general architecture include the title and logo of the ministry; the list of acronyms; table of
contents; the word of the Minister; the introduction.
The Director of the DNAJ, whose department is responsible for implementing these documents,
recalled that by agreeing to preface the two HR procedure manuals, the Minister of Justice and
Human Rights marks significantly the political will to see these decision support tools contribute
to the modernization and renewal of Human Resources Management.
According to him, “the production of these two procedure manuals by MJP is of paramount
importance, because these decision-support tools reflect the power of the administrative
authority to inform its services of the way it intends to apply the legislation or implement Human
Resources Management in its departments, by virtue of its organizational power”.
He stressed that mismanagement of human resources generates frustration before insisting on
the DNAJ's commitment to make good use of the aforementioned documents as well as the
other central services whose managers have been invited in this regard. He finally addressed his
warm thanks to MJP for the development of these two documents which fill a legal void in the
legislative system and thus made a specific request to the project to support the efforts of the
DNAJ for a real appropriation of these manuals by the staff of the MOJ.
After the symbolic handing over of some copies, Mr. Sombé Thera, Secretary General of MOJ,
representing the Minister renewed his thanks to MJP as well as the request made by the Director
of DNAJ.
The next step will be to train the main human resources managers in the central services and
jurisdictions in the efficient use of these procedural manuals, whose objective is to achieve shared
appropriation by all these managers and whose implementation will reduce frustrations in the
management of the careers of MOJ personnel.
Despite the numerous reminders, follow-up is still awaited on the draft agreement with the
Belgian party transmitted by the Secretary General of the MOJ to the Minister of Foreign Affairs
who is the only one empowered to validate an agreement between a Ministerial Department and
a service of a foreign country.
On the other hand, the call for tenders file concerning the development of HRIS modules was
relaunched on October 1, 2020 and made it possible to receive seven applications which were
Page 20
January 2021 20
the subject of a selection panel from November 9 to 13, 2020. One firm was retained, and the
selection was validated by the majority of panel members. The Administration is continuing to
process the file with a view to finalizing the award phase of the service contract.
1.1.6 Training of MOJ officials on the human resources management system (HRIS and
GPEEC) and evaluation of the individual performance of magistrate and non-magistrate
staff
From December 16 to 17, 2020, a training workshop was held in the DNAJ conference room for
managers of central and related services on the concepts and operational strategy of the
computerized human resources management system (HRMS) and the Provisional management of
jobs, staffing and skills (GPEEC) at the MOJ.
In terms of objectives, the training of the concerned managers should allow them to have a clear
perception of:
• The Inventory of fixtures and the stages of implementation of the HRIS of the Ministry of
Civil Service being deployed at MOJ;
• Issues related to the implementation of staffing, jobs and skills at MOJ;
• Develop current practices towards modern ones focused on the establishment of effective
annualized staffing management and resort to provisional and multi-annual staffing
management, taking into account management by program budgets.
The participants were briefed by the HR Specialist of MJP on:
• the current situation of computerization of HRM and the current action plan for the
deployment of HRMS at MOJ; on the description of the HRIS in service at the Ministry of
Labor and Civil Service;
• the establishment of action plans ensuring adequacy of available resources and the needs
required by the performance of the missions of the services by orienting the evolution of
organizational methods, by adapting the positions to the evolution of some professions,
and by identifying recruitment needs as early as possible;
• the implementation of tools and measures that will allow the new DNAJ, which will have
an HR sub-directorate within it, to increase the efficiency of agents by structuring activities
and guaranteeing effective occupation of the positions described in organizational decrees
and within organic frameworks;
• the establishment of a workforce map; the establishment of workforce management tools
adapted to the requirements of the transition to management in program budgets;
• the implementation of staffing provisional management tools.
Page 21
January 2021 21
It should be noted that this training on HRIS and GPEEC is a first in the history of the Department.
Participants called on MJP to develop a guide that will facilitate the operationalization and proper
implementation of HRIS and GPEEC issues.
The HR Specialist made a commitment to develop this tool which will be shared as a priority
with a manager who will be appointed by the Director of the DNAJ with an emphasis on
mentoring. This manager will work in tandem with the HR Specialist both for the development
of modules and for the training of managers in charge of human resources in the different central
and similar departments of the MOJ.
1.1.8 Develop a software as part of civil and criminal chains computerization at the level
of clerk’s office
Two meetings were held respectively on October 30 and November 06, 2020 in the conference
room of the Governmental Agency for Information and Communication Technologies (AGETIC)
between the MJP team led by the TL1 and the Deputy General Manager of AGETIC assisted by
his collaborators. Following the preliminary discussions between the Director of the USAID MJP
project and the General Manager of AGETIC, the meeting aimed to lay the foundations for a
partnership with a view to the implementation of the computerization of the civil and criminal
chains in general and the development in particular of a software for this purpose.
AGETIC in this regard has, according to its managers, for some time been heavily involved in the
process of computerization of the public administration aimed at marking the break with manual
processes in order to move towards digitalization. It is full of technical skills capable of meeting
the challenges in this area.
After a reminder of the initiatives and stages as well as the difficulties recorded at this level, the
two parties agreed to set up a working group on the computerization project which will include
managers from MOJ, AGETIC and MJP.
The study report on the clerk professions prepared by the consultant Mr. Yannick Jaglin at the
request of MJP will serve as a working basis because of the relevant description of the civil and
criminal chains and the recommendations made for the success of the computerization process.
The parties also agreed to develop a draft memorandum of understanding to outline the roles
and responsibilities of each party, namely MOJ, AGETIC and MJP. For this purpose, the head of
the legal department of AGETIC submitted to the IT Specialist and TL1 a draft protocol which
will be discussed and finalized as soon as possible with the assistance of the Project Director.
Page 22
January 2021 22
1.1.11 Train heads of courts and prosecution offices as well as chief clerks on the program
budgets and the annual performance plan
This training workshop was held from October 12 to 16, 2020 at the INFJ for heads of courts
and prosecution offices and clerks within the jurisdiction of the Bamako Court of Appeal on the
program budget and annual performance plan.
From October 26 to 30, 2020, the same exercise concerned the heads of courts and prosecution
offices and the clerks of the Kayes Court of Appeal. Finally, a session brought together in Ségou
from November 30 to December 4, 2020 other heads of courts and prosecutors as well as clerks
from the jurisdiction of the Bamako Court of Appeal who had not been taken into account during
the session of Bamako.
These three workshops aimed to:
• make the heads of courts / prosecutors / chief clerks aware of the issues linked to the
change in management practices with the advent of the Program Budgets in Mali;
• have the Heads of Courts/Prosecution Offices/Chief clerks master the tools of
preparation, steering and monitoring-evaluation and Program Budget, budget
programming approach and budgetary resources management rules (AE/CP);
• empower the heads of courts / prosecutors / clerks for better preparation of their
operational program budgets but also for a contribution to the budgetary process of the
Department in charge of Justice;
• change the traditional practices of budget management towards modern ones, in
particular those based on performance.
All these sessions were chaired by Mr. Issiaka COULIBALY, Representative of the Director of
DNAJ who recalled that the Heads of courts and Prosecutor's Offices as Managers of Program
Operational Budgets, already benefited in 2018 from an initiation training on the Program Budget.
According to him, this second training comes at the right time to fill the gaps observed with
regard to the different budgeting approaches, budgeting tools, monitoring-evaluation and
management rules of AE/CP (Commitment Authorizations / Payment Credits).
By singling out a mentoring-based approach, all the trainings were conducted by a pair comprising
the Public Finance Specialist of MJP and an executive from the Budget General Directorate of the
Ministry of Economy and Finance in order to strengthen the sustainability of achievements.
The modules developed:
• Module 1: Introduction to Results-Based Budgeting;
• Module 2: Budgeting tools;
• Module 3: Steering tools;
Page 23
January 2021 23
• Module 4: Innovations in budget execution and updates;
• Module 5: AE/CP management rules;
• Module 6: Monitoring and evaluation tools;
• Module 7: Program breakdown into Program operational budget;
• Module 8: MOJ Program Budget Implementation Approach with MJP support;
• Module 9: MOJ’s Annual performance plan.
Application exercises put the participants in a situation in order to better identify the practical
difficulties and it should be remembered that the expected outcomes achieved, namely:
• the issues linked to changing budget management in program mode are understood by
the heads of courts / prosecutors / clerks;
• Practices in the area of performance-based budget planning and management are better
understood;
• the tools for framing / budgeting, steering, monitoring and evaluation, the preparation
process and the rules for managing budget credits are mastered;
• Heads of courts / prosecutors / clerks are able to apply the tools and knowledge learned
particularly with regard to the innovations made and updates in this field.
The team of trainers provided clarifications on these different points of discussion throughout
the work.
The common point of these three training sessions is the observation shared by the participants
of having accumulated gaps that impact the efficiency of their daily work since their last training
which dates back to 2018 and which was carried out with MJP’s support.
These gaps that will be corrected at the end of these capacity building sessions relate to practices
that do not comply with the rules of program mode budgeting; budgeting and monitoring-
evaluation tools as well as the rules of management of Commitment Authorizations and Payment
Credits (AE/CP).
1.1.12 Advisory support to program managers in development and implementation of their
annual performance plan
With the effectiveness of the Program Budgets since January 1, 2018 in Mali, USAID / MJP
provides significant technical assistance to the Ministry of Justice and Human Rights. It is in this
context that the training workshop for DNAJ managers on techniques for formulating an annual
performance plan took place from December 23 to 24, 2020.
This workshop aimed to empower DNAJ executives to:
Page 24
January 2021 24
• formulate strategic objectives, indicators and targets in the "Annual Performance Project"
tool;
• allocate resources between activities;
• develop an annual work plan (AWP);
MJP’s Public Finance Management Specialist, who provided the training, developed modules
relating to:
• formulating strategic objectives, performance indicators, quantified outcomes (targets),
identification, budgeting and codification of activities;
• developing an annual work plan (AWP) by program implementation level;
This training enabled DNAJ executives through practical application exercises to:
• be able to formulate strategic objectives, indicators and targets in the Annual Performance
Project tool;
• allocate resources between activities;
• develop an annual work plan (AWP).
The points of attention mainly focused on:
• formulating performance indicators;
• determining targets and techniques for allocating budget envelopes.
The trainer provided clarification on these different discussion points. At the end of the session,
the participants expressed their satisfaction with this MJP initiative, which will enable them to be
autonomous in the strategic and operational formulation of programs in a program-budgets
context.
Participants also underlined that this type of activity, which concerns the managers of a central
service other than the Directorate of Finance and Materials (DFM), is a first for MOJ. They
therefore recommended the continuity and multiplication of training sessions of this type in order
to take into account all the central services to efficiently exercise their responsibilities in terms
of drawing up annual performance plans (APPs) and annual work plans (AWPs).
1.1.19 Organization of conferences of heads of courts and prosecutors’ offices
The conferences of heads of courts and prosecution offices are intended to examine the
dysfunctions of the public service of justice and to share the Chancellery's orientations as well as
good practices for a change of behavior aimed at improving the performance and efficiency of the
public service of justice.
Page 25
January 2021 25
MJP supports the DNAJS responsible for steering the holding of this type of conference and it is
in this context that on Monday 23 and Tuesday 24 November 2020, the National Institute of
Judicial Training (INFJ) hosted the Conference of Chief Prosecutors within the jurisdiction of the
Court of Appeal of Bamako, extended to the Prosecutors General at the Courts of Appeal of
Kayes and Mopti as well as the Public Prosecutor at the High Court of Kayes, Prosecutor of the
Economic and Financial Pole.
On the first theme “Presumption of innocence”, the speaker, Mr. Mohamed Maouloud Najim,
Director of DNAJS recalled that this principle is enshrined in most international instruments for
Human Rights protection and in Human and Citizen Rights Declaration of 1789. In developing
the legal framework of the presumption of innocence, the speaker made a point of making
reference to article 1 of the Malian Constitution of February 25, 1992 as well as to articles 1 and
2 of Act n° 01-80 of August 20, 2001 on the Code of Criminal Procedure.
Regarding the actors involved in the criminal chain, the speaker explained that the observation of
the rule applies to all phases of investigations until judgment. To better understand its contours
at this level, he recalled the obligations incumbent on the judicial police, those incumbent on the
investigating judge and finally the obligations of the formation of judgment in the matter.
The main points of discussion that emerged from the debates were as follows:
• The Deputy Prosecutor at the Commune II Court of the District of Bamako referred to
the case of the assassination of pharmacist Dr KODIO in Bamako in which the people
arrested were exhibited on national television, already taking them for guilty. Following
this, the other wanted persons had time to evade investigators and the images were
broadcast despite the reluctance of the judicial authorities. What judicial response to such
situations?
• The Public Prosecutor at the High Court of Commune III of the District of Bamako, for
his part, shared two concerns:
What best judicial practice is provided for by law for civil servants prosecuted and arrested and
who continue to operate the service by signing current acts? How to reconcile the presumption
of innocence and the duty to inform the population?
• The Public Prosecutor at the Court of Appeal of Bamako stated that, to his knowledge,
the powers of the Indictment Chamber in terms of monitoring the activity of judicial police
officers are not being exploited. He summed up the problem of the violation of the
principle of presumption of innocence by Judicial Police Officers (JPOs) to a question of
responsibility to be assumed by public prosecutors.
To all these questions, the speaker provided the necessary clarifications and the participants
successively intervened in terms of contribution.
Page 26
January 2021 26
The second theme "Criminal Law and New Information and Communication
Technologies (NICTs)" was presented by Mr. Idrissa Toure Public Prosecutor at the Bougouni
District Court. At the start, the speaker explained that the emergence of computer networks
and information superhighways, especially the Internet, has created a new world, cyberspace,
without geographic borders. In order to better understand how Malian criminal law deals with
NICTs, he outlined the constituent elements of the offenses concerned as well as the procedural
specificities required by investigations in this area.
The moderator then gave the floor to Mr. Ladji Sara, Public Prosecutor at the High Court of
Commune V of the District of Bamako to present the third and last theme on "impunity,
source of all laxity: part of responsibility of the actors of justice”.
Thus, after having fully developed the notion of impunity in its dimensions and issues in Mali, the
speaker explained the responsibility of justice actors in the laxity observed in this matter. Thus,
he described impunity as being linked to the phenomenon of corruption which constitutes both
a permanent threat to democratic practices and a setback or denial of justice.
The moderator at the end of the discussions and debates invited the participants to the formation
of three groups in order to deepen the themes and make relevant recommendations for
practitioners to help them in the daily conduct of the procedures submitted to them in order to
remain in phase with the objectives set by the Conference of Chief Prosecutors.
• The first group on Criminal Law and NICTs therefore recommended:
o Ratification of the Budapest Convention by Mali;
o Creation of an interconnected judicial system as well as training of actors in the
criminal chain;
o Insertion of amending provisions in the Code of Criminal Procedure to create
specialized brigades and provide specialized assistants for magistrates in NICT
matters.
• The second group on the presumption of innocence made two major recommendations:
o Obligation for public prosecutors to officially inform the administrative line
management of the detained civil servant, to enable him to take the appropriate
legal measures while respecting the presumption of innocence;
o Training of public prosecutors and Judicial Police officers on judicial
communication techniques.
• The third group on impunity recommended:
o Restoration of State authority as soon as possible, by strengthening Defense and
Security Forces;
o Urgent security for courts and judicial personnel;
o Dissolution of all militias to put an end to parallel justice;
Page 27
January 2021 27
o Vigorous fight against corruption at the level of all agents of the public, parastatal
and private administration;
o Sensitization of justice actors and the population on the implications of impunity.
The participants, through their spokesperson, conveyed their sincere thanks to MOJ and MJP at
the end of the Conference of Chief Prosecutors. They made a commitment to translate into facts
and at their level of responsibility, the recommendations formulated and expressed the wish to
see such initiatives relating to the conferences of heads of courts and prosecution offices,
reinforced with support and accompaniment from MJP.
The National Director of Judicial Affairs and Seal, Mr. Mohamed Maouloud NAJIM made a
commitment on behalf of the Department to ensure the follow-up and implementation of the
relevant recommendations made by the participants. To this end, he will submit a draft circular
letter to the Minister of Justice and Human Rights on the application of the recommendations
resulting from the conference, in particular on the aspects falling under the direct responsibility
of the heads of prosecution offices and relating to the respect for the presumption of innocence
by the judicial police and the fight against impunity.
1.1.20 Organization of conferences on the functioning of clerks’ offices and training of
clerks in archiving
• 1.3.2 from the Y5WP - Train chief clerks of courts and tribunals of the MOJ on
public accounting
From October 06 to 07, 2020, was held at the INFJ in Bamako, the training workshop for Chief
Clerks on public accounting. The objectives of this workshop were to strengthen the capacities
of Chief Clerks on the different concepts, regulatory framework, principles, rules and procedures
of Public Accounting as well as on their roles and responsibilities as de facto public accountants
in the management of revenue generated in court.
The Session was chaired by Mr. Mathieu TRAORE, Technical Advisor, Representative of the
Minister of Justice and Human Rights.
The MJP Project Director underlined the interest the project places in the functioning and
modernization of Clerk’s office management. In this regard, he recalled the organizational
diagnoses carried out by around ten High Courts and the preparation of an expert report on
clerk’s professions, initiatives which aimed to better perceive the needs / dysfunctions of the
entities in order to contribute improving procedures / mechanisms for better synergy within
Clerk’s offices.
He also indicated that MJP is on the verge of equipping many courts with computer equipment
and application software as part of the civil and criminal chains. He referred to other major
Page 28
January 2021 28
projects relating to the reviewing of texts on legal costs in civil and criminal matters and pointed
out that one of the major concerns at the level of clerk’s office remains the need to improve the
management of the resources generated in courts to increase the financial contribution of the
judicial system to the Public Treasury.
The team of trainers was constituted on the basis of a mentoring principle with, on the one hand,
the MJP Public Financial Management Specialist and, on the other hand, an official from the
National Treasury and Public Accounting Directorate (DNTCP).
The modules provided to participants are as follows:
• Module 1: Elements of public accounting (Definitions of concepts, principles, rules, legal
framework and procedures);
• Module 2: Generalities on public services management;
• Module 3: Opening and management of public bank accounts;
• Module 4: Deposit and consignment fund (organization and operation);
• Module 5: Revenue management in courts - Revenue authority.
This training allowed the clerks to:
• master the different concepts, the regulatory framework, the principles, the rules and the
procedures of public accounting;
• strengthen the capacities of Chief Clerks who are de facto public accountants;
• apply the rules and procedures of public accounting for an efficient and transparent
management of the revenues generated in courts;
The team of trainers gave clarifications on these different points of discussion throughout the
work. At the end of the training session, the participants made a commitment to make good use
of the knowledge acquired on a daily basis.
In particular, they recommended the organization of a workshop that will involve executives from
the tax services, the Public Treasury and the Clerks of Court in order to harmonize their
understanding of the application of texts and procedures in the area of the management of
resources generated by the courts.
1.1.21 Quick impact projects concerning courts and central services
In accordance with its mandate and its action plan, MJP has been supporting MOJ for several years
to rebuild a new image of Malian justice. These actions have greatly contributed to improving the
perception of justice in certain localities which have benefited from the quick impact projects
(QIPs) and mark a significant step aimed at improving the perception of the judiciary.
Page 29
January 2021 29
During the reference quarter, quick impact projects were finalized and accepted at the level of
the Court of Appeal of Sevaré and the High Court of Mopti respectively on 02 and 03 December.
Work on these two sites focused on the renovation and construction of certain spaces, namely:
• Putting in place a system aimed at strengthening security and better filtering users at the
entrance to the High Court of Mopti; a reception and guidance office has been built at the
Court of Appeal of Sevaré but is not yet operational.
• fitting out the courtrooms of these two courts and installing sound equipment to allow
all litigants to follow the proceedings under the required conditions of convenience;
• renovating the offices of the First President and the Attorney General at the Court of
Appeal and their secretariats;
• renovating the offices and secretariats of the President and the Public Prosecutor at the
High Court of Mopti;
• fitting out aimed at ensuring watertightness on buildings and a parking lot space for staff
safety;
The Public Prosecutor of the Court of Appeal of Sevaré thanked MJP for the work done, which
will allow the population to follow, in the right conditions, the hearings in general and the sessions
of the Assize Court in particular in the right conditions, sessions that record a massive presence
of both litigants and simple curious people.
The President of the High Court of Mopti also congratulated the partner MJP by highlighting all
the improvements made which denote a real change in the working conditions of staff and
reception of litigants compared to the conditions that existed on his arrival at the High Court of
Mopti in 2017 as deputy public prosecutor.
On behalf of his colleagues and staff, he said that the court managers will make every effort to
deserve both the commitment of MJP in the justice sector and the confidence of the people.
The two above-mentioned managers also made a commitment to ensure the sustainability of the
achievements made by MJP in order to avoid degradation of the facilities and to make repairs if
necessary.
Finally, it should be noted that the work of the quick impact project was received at the level of
the High Court of Commune I of the District of Bamako during an official ceremony on December
15, 2020 in the presence of the Project Director and the Head of Courts Division representing
the Director of DNAJ.
Page 30
January 2021 30
1.2 Strengthening the capacities of the Economic and Financial Pole and the
Specialized Judicial Pole
1.2.3 Training of magistrates and judicial police officers of the Economic and Financial
Pole (PEF) and the Specialized Judicial Pole (PJS) on letters rogatory and special
investigation techniques as well as on the modules resulting from the organizational audit
Strengthening the capacities of the PEF and the PJS is in line with the political will expressed by
the public authorities in general and the authorities of the Transition in particular to engage in a
resolute fight against economic and financial crime, corruption, terrorism and transnational crime.
The preliminary draft Code of Criminal Procedure drawn up with the decisive support of MJP
adopted in its final version the major recommendation of the Standing Legislative Committee
(CPL) asking to keep the autonomy of the Economic and Financial Pole and of the Specialized
Judicial Pole by validating two important innovations which are on the one hand the creation
within them of judicial formations and on the other hand the use of special investigative
techniques (SITs) in the search for evidence in matters of economic and financial crime,
corruption, illicit enrichment as well as the fight against terrorism and transnational organized
crime.
The implementation of these two important innovations will make it possible to both strengthen
the efficiency of the repression and allow for the timely trial of perpetrators and accomplices
brought before these courts.
Even before the organizational diagnosis is carried out, needs exist at the level of these two poles
in terms of capacity building in the field of international criminal assistance and the implementation
of special investigative techniques, some of which are enshrined in the texts relating to the fight
against terrorism.
To accompany this process of supporting these poles, it is planned to recruit a specialist in
criminal law and criminal procedure in order to coordinate MJP interventions as part of a
mentoring-based approach. A call for applications was launched for this purpose in December
and a panel will be set up to select a specialist during the next quarter.
1.3 Promotion of human rights and improvement of citizens' knowledge of the
justice system
1.3.3 Distribution of the "100 Legal Fact Sheets: Justice Explained to Malians"
Disseminating legal fact sheets is a permanent activity of the components of USAID MJP following
the translation of some thirty of these sheets into the national languages Bamanankan, Fulani,
Sonrhaï and Tamashek.
Page 31
January 2021 31
Several civil society organizations working with these components are also playing their part in
order to reach populations in areas far from urban centers.
1.3.4 Distribute a collection of codes and common texts (Volume II)
The dissemination of the usual texts constitutes another important aspect in the declination and
implementation of the Orientation and programming act of the justice sector 2020-2024 through
its Area n° 2 entitled "Modernization and raising of the level of performance of judicial services”
aimed at strengthening access to justice (Activity 2.5.5).
The approach adopted consists in selecting, in partnership with the National Directorate of
Judicial Affairs and the Seal, texts that will be disseminated in the first volume.
It is important to note that the new Minister of Justice and Human Rights has agreed to preface
this collection, which will be the subject of an official handover ceremony at the Department
during the next quarter.
The selection, which is completely finalized, covered around fifty texts, among which it is worth
mentioning:
• the Agreement for Peace and Reconciliation, resulting from the Algiers Process;
• The Agreement between the United Nations and the Government of the Republic of Mali
relating to the Status of the United Nations Multidimensional Integrated Stabilization
Mission in Mali (MINUSMA);
• The OHADA Uniform Acts on the harmonization of business law in Africa;
• The Constitution of February 25, 1992;
• The African Charter on Human and Peoples' Rights of 1981;
• The CIMA Code: Inter-African Conference on Insurance Markets;
• Act No. 2019-072 of December 24, 2019 on the Orientation and Programming Act of the
Justice Sector and its Action Plan;
• Texts relating to City planning in the Republic of Mali;
• Act n° 01-082 of August 24, 2001 relating to Legal Assistance and Decree n° 06-426 / P-
RM of October 6, 2006 fixing the modalities of application of Act n° 01-082 of August 24,
2001 relating to Legal Assistance;
• Act n° 00-46 of July 7, 2000 relating to the Press Regime and Press Offenses.
• Practical sheets for formulating an efficient request for extradition and mutual legal
assistance.
Page 32
January 2021 32
Component 2 - Increase Immediate Access to Justice
2.1 Strengthen the capacity of traditional leaders, women, and youth to advance
access to justice and resolve community disputes consistent with the rule of law.
2.1.1 Technical Working Group meetings between MTAD, MOJ, and MJP to facilitate the
implementation traditional authorities’ capacity building activities
The passage of the law organizing the role and status of cadis and traditional authorities in the
distribution of justice should automatically trigger the start of capacity building activities for
traditional authorities as article 10 of the preliminary draft law mandates training for traditional
chiefs. As a reminder, MJP has already developed the traditional authorities’ training curriculum.
The training of traditional chiefs and other community leaders will be based principally on this
curriculum. This training program include key issues such as the constitution and key legislation;
important soft skills such as leadership and communication; existing laws dealing with the role
and responsibilities of traditional authorities in conflict resolution; land disputes that contribute
to intercommunity violence; and other issues such as matrimonial disputes, inheritance, criminal
law, and child marriage. The Director of DNAJS has urged MJP to be ready to assist the ministry
in rolling out the traditional authorities’ capacity building activities as soon as the traditional
authorities’ bill is officially submitted to the Council of Ministers. These capacity building activities
will be implemented through the tripartite committee MOJ-MTAD-MJP. The Ministry of
Territorial Administration and Decentralization (MTAD) has also requested MJP’s assistance with
the identification of traditional authorities so as to ensure that support is going to the right leaders
in consonance with the upcoming traditional justice bill. This identification will be conducted in
partnership with PSR/Creative once we are sufficiently advanced in the legislative process.
2.2 Greater public access to trained paralegals and legal services
MJP is preparing funding for local CSOs to provide legal advisory and conflict resolution services
to marginalized communities in nine regions and two earmarked localities in Mali (Bamako, Kayes,
Koulikoro, Mopti, Gao, Timbuktu, Ménaka, Dioila, Kangaba, and Taoudénit). These services
include among others, free legal information and advice, legal outreach, legal and administrative
assistance through pro bono lawyers, referral to specialized institutions, and conflict resolution
through mediation.
2.2.1 Subgrants given to CSOs to support provision of legal services
As part of the extension of the MJP project over the period 2020-2022, a third phase of the grant
program is currently underway to fund 14 CSOs to facilitate access to justice for Malians,
including 11 former CSO partners (ADENORD, AJM, AMSS, APDF, APROFEM, CRADE,
GARDL, GREFFA, ODI SAHEL, PROMODEF and WILDAF) and three new organizations (ARCV,
HERA FOUNDATION, and ENDA Mali). ARCV and ENDA Mali in particular will work to
Page 33
January 2021 33
respectively combat descent-based slavery in the cercle of Yélimané, Kayes region, and assist
victims of trafficking in persons in the region of Gao and on the gold mining sites in the cercle of
Kangaba in the Koulikoro region. HERA FOUNDATION will provide legal representation for
beneficiaries identified by the other CSOs.
The CSO have submitted their proposals which have been analyzed and validated by the
Component 2 team. The proposals are now being translated into English and the grants team is
drafting the negotiation memorandum for each CSO. Of note, the implementing partners will
cover 9 regions, 25 cercles and 120 communes. They are projected to assist 71,236 direct
beneficiaries, including 27,665 men and 43,571 women, with the assistance of 183 paralegals.
It should be noted that with this third grants phase, MJP aims to improve and diversify services
offered by CSOs to Malians, in particular through:
• a special focus on combatting TIP and descent-based slavery with ENDA Mali and ARCV
respectively;
• the option of entrusting legal representation to a dedicated organization to which other
CSOs will refer cases.
• the recruitment of four (04) regional conflict resolution advisors to provide legally
relevant assistance to CSOs and traditional authorities. On this point, MJP has begun the
recruitment process of its 4 regional CDRAs. They have already been selected. If
confirmed by USAID, the 4 CDRAs will begin work next quarter.
The table below shows details on CSOs, their anticipated areas of project implementation, the
number of paralegals, the number of direct and indirect beneficiaries foreseen and the proposed
budget.
Page 34
January 2021 34
Table 2: Anticipated Areas of intervention, number of paralegals, beneficiaries, and budget proposed by CSO partners
CSO partners Regions Cercles Communes Number of paralegals
Direct Beneficiaries Indirect Beneficiaries Proposed Budget
M F M F
1 ADENORD Taoudénit
Arawane Achamour 6
3,044 3,167 6,088 6,334 $74,614.41 Tina Ag El hadj M=4
Al-Ourche Nibkit El Elk F=2
Tamagounite
2 AJM Mopti Mopti
Mopti 4
1,000 5,000 2,000 10,000 $85,000.00 Socoura F=2
M=2
3 AMSS Tombouctou
Tombouctou
Bourem Inaly 20
16,764 17,538 21,771 24,562 $110,000.00
Alafia M=10
Tombouctou Urbaine
F=10
Goundam Doukouria
Goundam
4 ARCV Kayes Yélimané
Diafounou Tambacara
3 250 500 1,000 3,000 $74,996.04
Diafounou-Gory
Fanga
Gory
Guidimé
Kirané-Kaniaga
Konsiga
Krémis
Marékhaffo
Soumpou
Toya
Tringa
5 APDF Dioïla Dioila
Dioila 12
100 500 66,914 68,993 $75,000.00
Wakoro M=6
Degnekoro F=6
N’Golobougo
Guegneka
N’Garadougo
Page 35
January 2021 35
6 APROFEM Bamako Bamako left bank and right bank
Commune III 2 10 86 500 2,500 $7,499.67
Commune V
7 ENDA MALI Koulikoro Kangaba
Kaniogo 60
486 350 75 65 $125,000.00 Nouga M=30
Gao Gao Gao urbaine F= 30
8 CRADE Gao
Ansongo Ansongo 12
720 900 10,000 10,000 $124,999.46
Bara M=6
Bourem Bourem F=6
Taboye
Gao
Gao Urbaine
Soni Ali ber
9 GARDL Kidal
Kidal
Kidal 7
1,200 1,750 25,910 24,324 $75,000.00
Djunhan Aghabo M=4
Takalott F=3
Tanazrouft
Tanainait
Tassik
Tafliante
Amassine
Agharouskayone
Aliou
Etambar
Angamali
Intidbane
Anefif
Anefif
Inboguitane
Djenchéché
Intachdayte
Dadette
Tahadjante
Essouk
Essouk
Diarhi
Tamatailalt
Tanazroufte
Page 36
January 2021 36
Ibdakane
Djassame
Egachar
Sadidane
Tessalit
Tessalit
Inhalid
Talhandak
Amachache
Tessalit
Hamboubar
Adjel-hoc
Taglit
Adjelhoc
Telabit
Tinazile
Inafeke
Anoumalane
Tahtiste
Marâtre
Elewidj
Intanherte
Timtaghène
Timtaghène
Inabag
Tinkar
Tazifawen
Tachrak
Tayhoten
10 GREFFA Ménaka Menaka
Menaka 6
1,235 7,940 28,782 25,674 $100,000.00 Tin-Abaw M=3
Anderanboukane Anderanboukane F=3
11 ODI SAHEL Mopti Djenné
Djenné 6
2,000 4,000 10,000 20,000 $99,835.00
Fakala M=3
Madiama F=3
Dandougou-Fakala
Mopti Mopti
Page 37
January 2021 37
Kounari
Socoura
Borondougou
12 PROMODEF Kayes Kita
Kita 30
856 1,620 90,644 94,397 $125,000.00
Kita Ouest M=15
Bendougouba F=15
Souransan Tomoto
Sebekoro
Sinko
Kokofata
Kobri
Kassaro
Tambaga
Djidjan
Boudofo Brenimba
Galen
Sibikili
Toukoto
13 WILDAF Koulikoro Koulikoro
Koulikoro 16
- 220 200 37 $85,000.00
Doumba F=16
Tienfala M=0
Sirakorola
Méguetan
Total 9 25 120 184
27,665
43,571
263,884
289,886 $1,161,944.58
Page 38
January 2021 38
Closure of the Second Access to Justice and Component 3 Grant Phases
The submission of deliverables is done progressively in line with the dates on which the grants
agreements were executed and submission of deliverables provided for in the disbursement
schedule. During the second phase of the grants program, all nine (9) grantees submitted all
scheduled quarterly reports as well as final reports. As for CSOs under Component 3 (the Sikasso
Platform and AJCAD), following the budget adjustment in their action plan as approved by the
MJP team due to the COVID-19 pandemic, they are currently at their fifth and final stage of the
submission of their deliverables. The process of closing Component 3 grants is underway with
the review and approval of final reports.
The total amount disbursed for the nine (9) funded projects is $625,151, representing a
disbursement rate of 96% of the approved project budget ($651,896). The 7 projects of
Component 2 have been closed.
The projects of Component 3 received four installments following the delay in the
implementation of activities and the reorganization of the budget due to COVID-19 restrictions.
The closure process for Component 3 projects is underway with the review and approval of the
final reports.
The unpaid balance at the end of December is $26,745. This amount includes funds allotted to
activities unimplemented during the year ($15,946) and funds ($10,799) pending payment for
CSOs having received a no-cost extension at the end of the initial grant period (AJCAD and the
Sikasso Platform).
2.3 Leveraging technology to expand access to justice services for Malians
As part of Component 2 planning for year 6, MJP will leverage mobile technology to increase the
level of legal knowledge of the public and connect litigants with paralegals and legal professionals
so that they may obtain the necessary legal assistance adapted to their situation. The most
vulnerable litigants such as women, children and indigent people are particularly targeted.
Although the plan was to initially organize a hackathon to design the mobile application, MJP
determined that a more suitable option would be to build on our existing experience with the
use of mobile technology through the KAKOFO application that Component 3 developed to
facilitate public reporting of corruption instances.
Following a useful meeting with TUWINDI, the firm that built the KAKOFO app, we agreed to
create an integrated application composed of KAKOFO features and the legal assistance modules.
The legal assistance components will be linked to the legal call center so that users can seamlessly
Page 39
January 2021 39
contact telephone advisors through the mobile application. This will constitute a revolution in
the access to justice field in Mali. Not only would Malians hugely benefit from this initiative, but
the USAID Mali Justice Project will also position itself as a pioneer in the use of technology to
enhance access to justice.
MJP will therefore prepare a statement of work for TUWINDI to begin the development of the
application next quarter.
2.4 Establish a policy framework to improve access to justice at the community level
2.4.1 Develop a citizen’s access to justice guide
The development of an access to justice guide for the people of Mali is one of MJP's key activity
in the Year 6 work plan. The goal is to sensitize the public on what constitutes access to law and
justice, where they can seek legal information and advice, the various actors and mechanisms to access
law and justice, as well as key elements of Malian laws. The purpose of this document is to contribute
to popularizing access to justice instruments, advocating, and facilitating reforms, especially on legal
aid. Following the development of a ToR, the initiative was submitted for prior approval to the
MOJ in view of the importance of such a document for the Department's access to justice policy.
Given the busy schedule of the MOJ in this transitional period and the end of year rush, the
ministry has not yet provided its feedback to the proposed ToR. Nevertheless, the director of
the DNAJS has promised to turn his focus on this issue in February 2021.
2.4.4 Publish the Acts of the Conference on the funding of legal aid by the private sector
Following the organization of two conferences in 2019 on paralegalism and legal aid reform
respectively, the need to mobilize the leverage of the private sector in the financing of legal aid
in Mali emerged among the resolutions. In line with this recommendation, MJP worked with a
consultant to conduct a study with the dual objective, on the one hand, of measuring the
perceptions and the ability of private sector actors to champion the idea of contributing to funding
legal aid in Mali via Corporate Social Responsibility, and on the other hand, to prepare the
preliminary modalities for the organization of a conference around this initiative. The selected
consultant produced the report of the study that he submitted after several technical meetings
with MJP program team and top management. The study is currently being reviewed and should
be published early next quarter. Already preliminary results are encouraging as most interviewees
have indicated their willingness to contribute to funding justice services for the poor subject to
certain conditions such as guarantee of transparency in the management of funds and
government’s backing.
Page 40
January 2021 40
2.4.5 Support the MOJ to adopt the law on the status and role of Qadis and traditional
authorities in the distribution of justice
The transitional government of Mali has set the passage of the bill on the role of Qadis and other
traditional authorities in the distribution of justice as one of their top priorities. According to the
transition roadmap, this bill shall be passed by latest April 2021. It must be said however that,
given the current stage of the legislative process (the DNAJS is still conducting some
intergovernmental consultations before sending the bill to the MOJ cabinet who will in turn
submit it to the Government’s General Secretariat for onward submission to the Council of
Ministers), it is difficult to envisage how this deadline can be met.
MJP has been the key supporting partner for the government of Mali in its quest to harmonize
formal and traditional justice. Given this tight deadline, and in preparation of the legislative
process, the ministry of justice, through the national directorate of judicial affairs and the seal,
has asked MJP to assist in the preparation of key resources that will be presented to members of
the government who did not participate in the earlier consultative process leading to the drafting
of the bill. This is another mark of the confidence that the ministry of justice has in MJP’s capacity
and a testament to the tremendous partnership that the project has forged over the years with
the government of Mali.
2.5 Strengthen the justice sector response to trafficking in persons
2.5.2 Issue grants to two CSOs to offer services to TIP victims
See section 2.2 above
2.5.3 Assist the CNCLTPA to hold monthly meetings to advance anti-TIP policy agenda
The National Committee for the Coordination of the Fight against TIP and Related Practices
(CNCLTPA) is the government entity in charge of leading and coordinating efforts to combat TIP
in Mali. However, that body is poorly staffed and under resourced. This has led to poor results
in the fight against TIP in Mali leading the US State Department to downgrade Mali in the 2020
TIP report from tier two to tier two watchlist in their ranking system. Tier 2 watchlist includes
countries whose governments do not fully comply with the Trafficking Victims Protection Act of
2000 (TVPA) minimum standards, but are making significant efforts to bring themselves into
compliance with those standards and:
• The absolute number of victims of severe forms of trafficking is very significant or is
significantly increasing; or
• There is a failure to provide evidence of increasing efforts to combat severe forms of
trafficking in persons from the previous year; or
Page 41
January 2021 41
• The determination that a country is making significant efforts to bring themselves into
compliance with minimum standards was based on commitments by the country to take
additional future steps over the next year.
One of the prioritized recommendations from the State Department’s 2020 report was to ‘’…
institutionalize monthly meetings of the anti-trafficking committee to improve operationalization
of anti-trafficking policies and inter-ministerial coordination’’. It is to implement this
recommendation that the CNCLTPA requested MJP’s support to resume monthly meeting of the
anti-TIP committee.
During the reporting period, the CNCLTPA held two meetings with MJP support. The first
meeting focused on discussions with members of the committee about the recommendations of
the 2020 U.S. State TIP Report and details of the partnership with MJP. The Chairperson of the
Committee shared the recommendations of the U.S. State Department's report on human
trafficking. In the report, Mali has been placed on the Child Soldiers Prevention Act of 2008
(CSPA) list. The report criticizes Mali's armed forces for recruiting and using children in support
role, as well as for supporting and collaborating with the GATIA, which allegedly recruits and
uses child soldiers. The Chairperson of the Committee then referred to the letter from the Prime
Minister instructing the Ministry of justice to take concrete action in order to implement the
State Department’s prioritized recommendations. As a result, members of the CNCLTPA
resolved to set up a sub-committee to work on the recommendations and turn them into an
action plan. This action plan was presented during the second meeting in December and includes
key activities such as the conduct of a study on the scope and scale of TIP in Mali.
2.6 Increase access to justice for women, youth, and disadvantaged groups
During the reporting period, the president of one of MJP local partner – WILDAF – was
nominated to head the Ministry for the Promotion of Women, Children and the Family in the
transitional government. The new Minister expedited the adoption of the draft law against
Gender-Based Violence (GBV) by submitting it to the government for approval, before passing it
on to the National Transition Council (CNT). Once again, several religious leaders opposed the
bill, even calling for the minister's resignation.
The 16 days of activism against gender-based violence was another opportunity for Component
2 to hold information and awareness raising activities. For two weeks (November 25 to
December 10, 2020), MJP and its local partners contributed to the campaign through several
activities including the broadcast of a “Grand Dialogue” show with Studio Tamani on the theme:
“the impact of descent-based slavery on women”. The program was broadcast through Studio Tamani
wide network made of 70 radios stations and 2 TV channels. Many people are still unaware that
hereditary slavery continues to be widely practiced in Mali, particularly in the Kayes region. The
Page 42
January 2021 42
broadcast, which was produced in Bamanankan (Bambara), was an opportunity to raise further
awareness on this enduring practice.
The link to the video of the debate: https://youtu.be/w6PHhz5SesU
Finally, MJP organized a conference and two school fora on violence against women at one of the
Women Centers in Bamako. More than 200 women participated in the activity, which lasted
more than three hours. An introduction on GBV was made, followed by the presentation of a
film on child marriage. It was also an opportunity to allude to the Hakew Sabatili infographic
report on the pilot project for the holistic management of GBV victims/survivors in the two
women's centers in the district of Bamako. The women present recommended screening the film
on child marriage in all the communes so that men could understand the consequences on girls
and society as a whole.
Component 3 - Access to Justice Increased and Corruption Reduced along the
Sikasso-Koury and Sikasso-Heremakono Trade Corridors
3.1. Sustainable reduction in the vulnerability risks of trade corridor users in
regard to corruption and harassment, including GBV and TIP
To contribute to achieving this result, MJP is focusing on developing sustainability strategies and
measures that are intended to increase the ability of its main partners to organize themselves and
engage with other stakeholders, both internally and externally, in a more constructive and result-
oriented dynamic that will result in increasing the integrity and collective impact of all. The success
of the activities carried out under this sub-component, will be measured by an increase of more
than 60% of the overall number of complaints relating to corruption and road harassment that
are reported and able to be solved by formal or informal negotiations and/or collective action.
3.1.1 Support for the implementation of Strategic Sustainability Plans for the
Interregional Platform and Citizen Advocacy Offices
3.1.1.1 Continue to implement the Platform's Sustainability Plan
The Platform completed implementation of all required substantial activities under its no cost
extension period for its 2019 grant agreement through November 30, 2020. However, this
partner could not complete its final evaluation of the implementation of the full grant agreement
due to the unavailability of core funds to advance for the related expenses which were planned
to be reimbursed by the last 30% tranche of funding under the grant. But because of the lack of
needed funding, the dedicated funds will be deducted in the final payment after approval of the
final deliverables. Nevertheless, during the reporting quarter, the Platform's managers were able
Page 43
January 2021 43
to take advantage of many field missions with the MJP to conduct evaluation sessions for the local
branches to ensure continued learning.
MJP reviewed and approved the last quarterly and final reports and all deliverables, in accordance
with the grant agreement and the adjusted final tranche of funding. In general, the final report
indicates progress has been made by the Platform in improving its governance practices and
ensuring compliance with required procedures under the grant.
Main achievements realized under the Platform’s grant during the reporting period are as follows:
• Improved assistance to victims of abuse, harassment and/or corruption at the checkpoints
of Bougouni, Kadiolo, Koutiala, Koury and Sikasso was provided thanks to the permanent
presence of the Watch Cells at the checkpoints;
• Increased information, awareness and sensitization on the relevant texts governing the
free movement of persons and goods and the practical modalities of road checks in the
ECOWAS/UEMOA region was provided to 553 citizens, including 152 women. Sixty
percent (60%) of the people concerned were young people;
• Production of 10 synchronized radio programs were completed to inform and raise
awareness on the Platform's missions and on the road texts and regulations in force.
These programs were produced by local and/or community radios in the project's
intervention zones (Bougouni: Radio Kafokan; Sikasso: Radio SKA-FM; Koutiala: Radio
Koudiakan; Koury: Koury-Kan FM; Kadiolo: Radio Ciwara; Zégoua: Danaya Communal
Radio and Yorosso: Radiolo Libre);
• Support was provided by the local branches of Koutiala, Yorosso and Bougouni to the
MJP in holding meetings to report to the authorities on the actions of MJP’s partners and
the training-of-trainers (TOT) methodology and approach being utilized to ensure a
sustainable mechanism for continued training on the rules and procedures of trade,
customs, transport, GBV, TIP, smuggling of migrants, and the fight against corruption.
After the end date of the grant agreement, the Platform and all of its local branches had
successfully carried out the following activities and initiatives to advance MJP’s goals and
objectives, including:
• The permanent operation of the Watch Cells at checkpoints, with 276 people informed
and sensitized about their rights and duties, and 19 mediated cases in favor of users who
were victims of abuse, corruption or harassment.
• Feedback sessions to more than 100 participants implemented by the newly trained TOT
trainees from the local branch of Koutiala, reporting back on the training they received
on the rules and procedures of trade, customs, transport, the fight against corruption,
GBV, and TIP. This self-initiative by the Koutiala branch was to ensure the implementation
Page 44
January 2021 44
of an internal policy requiring each participant in any training to report back to the other
branch members on newly acquired knowledge and skills.
With regards to its internal governance, the Platform has made considerable progress in ensuring
compliance with its Charter. The Platform’s Executive Board demonstrated its functionality in
holding one extraordinary meeting on November 18, 2020 at the Platform's headquarters in
Sikasso. This meeting resulted in the validation of the internal regulations that contain 48 articles
and among other provisions specify the conditions of membership of local platforms as a branch
of the Interregional Platform, including the annual membership fee of 300,000 FCFA, the
accountability measures of the executive office and the coordinator as well as the sanctions
applicable in case of failure or violation of the rules.
The event was also the opportunity for the Executive Bureau to prepare the second General
Assembly of the year, which took place on November 30 - December 1, 2020, and brought
together three delegates from each of the five local branches. This assembly approved the financial
balance sheets for 2020 and adopted the Platform’s 2021 Work Plan. This accountability exercise
was a first for the Platform and greatly contributed to the empowerment and mobilization of its
local branches and to social cohesion between them. From now on, the Platform has reference
documents for planning and assessing progress of its actions. This should further strengthen the
credibility of the organization and help improve its professionalism towards the mobilization of
its actors and partners.
Given the encouraging results obtained under the 2019 grant agreement, MJP entered in
discussion with the Platform to plan for further support of its activities under Component 3
during Year 6 of the project, under a new grant agreement. In addition, to further support the
institutional development of the Platform in the implementation of its sustainability plan, MJP
launched a separate, open solicitation and request for applications for external expertise in
October 2020. The selection process and validation of the selected firm is ongoing with award
expected during the next reporting quarter.
3.1.1.2 Supporting AJCAD in implementing its Sustainability and Capacity Development
Plan for Citizen Advocacy Offices (CAOs)
AJCAD continued implementing activities under its no cost extension grant period through
November 30, 2020. In addition to regular CAO activities reported under section 3.1.2.2 below,
the last quarter of its grant agreement was highlighted by the implementation of its plan to involve
the youth clubs (CLACs) in marketing the CAOs.
Overall, the achievements were as follows:
• Organization of 48 debates in Sikasso, Koutiala, Bougouni, Kadiolo and Koury on available
CAO services and the required documents for traders;
Page 45
January 2021 45
• Organization of 7 voluntary facilitation sessions on GBV in Sikasso and Koutiala.
MJP reviewed the CAOs’ performance reports and AJCAD’s quarterly reports during the no cost
extension period and provided practical recommendations on how AJCAD could further improve
the performance of the CAOs. Despite technical support being provided by MJP’s technical
specialists in the further development of the various required deliverables to be submitted under
the grant, reservations were sent to AJCAD regarding two unsubmitted deliverables related to a
round table with financial partners intended to ensure sustainability of the CAO activities and an
evaluation of the results of AJCAD’s grant activities. Issuance of the required deliverables are
expected in the next reporting quarter and final payment of the last installment under the grant
will be conditioned on MJP’s acceptance and approval of the successful completion of these
remaining activities.
In addition, the CAOs’ Coordinator and four facilitators developed a digital communication plan
following a training conducted on digital and interpersonal communication organized and
facilitated by MJP’s Communication Specialist and Communication Assistant, which was held on
October 19-23, 2020. The training was part of the CAOs’ capacity building plan that was
developed in early 2020. This digital communication plan helped to inform and raise awareness
of available CAO services, GBV assistance, and necessary business documents for traders and
related topics to 1,303 people.
3.1.2 Routinization of checkpoint interventions and legal assistance to users who are
victims of corruption and road harassment, with particular attention to GBV and
TIP
3.1.2.2 Supporting the satisfactory handling of complaints and requests for assistance from
users
Complaints and requests for assistance from trade corridor users can be received in the field by
the Watch Cells, and by the CAOs in person, through the KAKOFO mobile application and other
communication mechanisms.
During this reporting quarter, all members of the five Watch Cells have benefited from training
on the theme of "digital and interpersonal communication". The training allowed them to
standardize outreach messages and adapt them to the target audience to better disseminate anti-
corruption information in the road corridors. Data collected by the Watch Cells during this
reporting quarter show that 422 people were reached by these outreach missions, including 312
men and 110 women. In addition, the Watch Cells and paralegals continued to receive technical
assistance and support from MJP’s Transport Specialist and Advocacy Coordinator to resolve
problems encountered by the economic operators.
Page 46
January 2021 46
MJP continued providing technical support and mentoring to the CAOs in managing complaints
and assisting victims of corruption and harassment in the trade corridors.
• Results that were achieved include the following107 people received assistance (judicial,
legal, administrative or mediation) in regard to complaints of harassment or abuse of
authority at checkpoints, including 6 women, of which 89% were young people. One of
these cases concerned the physical assault of a driver by a gendarme, which resulted in a
disciplinary action and a legal proceeding. As part of the disciplinary action, the gendarme
was unfortunately moved to another locality by his hierarchy. This transfer does not
resolve the concern and may jeopardize the legal proceedings against him19 traders
received their commercial documents, thus regularizing their business activities through
their registration in the Trade and Personal Property Credit Register.
After the end date of the grant’s no cost extension period in December 2020, the Sikasso CAO
continued to operate independently through its own resources and was able to assist 17
additional victims of corruption, road harassment, and violence against women, and 2 merchants
were assisted in formalizing their activities at the Registry of Commerce and Personal Property
Credit.
3.1.2.3 Support for the detection, reporting and management of GBV and TIP cases along
target road corridors
During this reporting quarter, one case of GBV against a woman was handled. This incident
involved a woman who was frequently abused physically by her husband. Through the
intervention of the CAO, the husband’s criminal behavior and its social consequences were
exposed.
As the abused wife had insisted not to take her case to court and requested to seek appropriate
means to make her husband aware of his actions, the CAO’s facilitators relied on a traditional
marriage dispute resolution mechanism to successfully deal with it. The mechanism called upon a
trusted community leader to mediate the case and seek an appropriate solution for the couple
and their family at large, and to serve as a witness of their agreement. After a month's follow-up
with the woman, it appeared that she was no longer being physically or verbally abused by her
husband.
3.1.3 Support for the capacity of professional corridor users and the solidification of
public support
3.1.3.1 Supporting the Coordination of the Platform to design, organize and facilitate
cascading capacity building actions for the benefit of professional users of the corridors.
MJP recruited three external trainers to support the internal expertise of its technical specialists
in organizing a TOT on the rules and procedures of trade, customs, transport, GBV, TIP, and the
Page 47
January 2021 47
fight against corruption, to benefit the Platform and its local branches. The event was held from
November 23-27, 2020 at the Songhoï Hotel in Bougouni. MJP assisted the Platform’s
coordination office to review and further define the future trainers’ profiles and screen the
candidates proposed by the local branches.
According to the training report, the workshop helped to provide the Platform with
institutionalized competent training resources capable of transmitting their expertise to other
operators. Of the 12 newly trained trainers (2 participants for each branch), 11 were considered
sufficiently competent to undertake trainings of their peers at local branches. For next steps, MJP
is planning a lab format training that will be facilitated by some of the new trainers and will be
observed by their colleagues and under the mentorship of MJP’s experts.
3.1.3.2 Strengthening public support in the fight against road harassment of all kinds
During this reporting quarter, communication activities to support MJP partners in the field
continued. With regards to the SKBO network, following USAID's directives to resume visibility
of project activities, MJP organized an activity with the regional authorities in Sikasso’s two press
clubs. This activity that was covered in the media on several radio stations in the region and
raised awareness on the following themes:
1. The role of women traders’ associations in the development of cross-border trade with
a representative of the Sikasso Chamber of Commerce, a woman entrepreneur, and a
promoter of “local products processing” in Sikasso (Mrs. Awa Kéita);
2. Respect for the free movement of people and goods in a context of cross-border
insecurity, e.g., what protection is provided for the displaced?
Moving forward with Studio Tamani, we have finalized the radio theater series in French and
Bambara. In addition to the first 10 episodes, 10 seven-minute episodes have been produced.
These last episodes deal with the free movement of people and goods, the racketeering of police
officers in traffic, the problem of cross-border trade, as well as initiatives being implemented by
MJP to curb the scourge of corruption, such as the KAKOFO mobile application and the CAOs.
3.2 Conducive change in the enabling environment of the control system regulations
and practices in selected road corridors
3.2.1 Support for the implementation of the Joint Strategic Advocacy Plan of Key
Partners
3.2.1.1 Facilitate the organization of quarterly problem and incident resolution meetings
in three covered regions: Bougouni, Koutiala and Sikasso
During this reporting quarter, MJP’s Component 3 organized two quarterly feedback meetings
with regional authorities and other stakeholders. These restitution meetings were organized in
Page 48
January 2021 48
Koutiala on November 10, 2020 with 25 participants and in Yorosso on November 12, 2020 with
27 participants. To promote sustainability, the events were mainly organized and coordinated by
the Platform through its local branches.
The meetings were very decisive for the project partners in terms of their advocacy towards
local decision-makers. All participants recognized the contribution of the MJP and its partners in
the behavioral change that has been noticed in the control officers working in the trade corridors
and beyond. The 2nd Deputy Mayor of Koutiala, Mr. Oumar G. Coulibaly, stated: "The support of
this project is invaluable for us communities because it helped us play our role. It's about education,
informing citizens and a sense of responsiveness. The Platform must maintain this initiative after the
project closure (...)".
Several recommendations to address the persistent challenges on the ground were formulated
and addressed to the decision-makers present. As an example, the members of the local branch
of the Koutiala were asked to expedite the organization of a meeting between plant promoters
and the Koutiala Regional Customs Department as soon as possible. The aim was to remedy the
lack of information among economic operators on the facilities offered by national legislation in
this area. In Yorosso, the Head of the Water and Forestry Department expressed his intent to
support and participate in a meeting organized by the local branch of Koury, in order to discuss
the protection of protected plant species, such as shea, etc.
3.2.1.2 Making effective service standards specific to checkpoint control operations
To maximize ownership and, notably, the commitment of relevant authorities to support the
sensitive interventions recommended in the 2nd Mystery Shopper final report, MJP organized a
planning session with the Platform coordination team. The draft ToR for the first part of the
activity, which involves the standards for participatory development, was finalized and ready to
be submitted to the project administration for approval. The leadership of the Platform engaged
itself to lead the activity, starting with a consultation tour of regional authorities to present the
initiatives and secure their commitment.
3.2.2 Central Advocacy Support with the Cadre de Concertation
Also notably capitalizing on the results of the Mystery Shopper 2 monitoring exercise and its
prior iterations during previous years, an advocacy initiative led by the main partners of MJP will
be supported by the Cadre de Concertation. The commitment and engagement by the Cadre
will be revitalized following the completion of a rapid institutional assessment and further
supported by an advocacy and communication campaign under the coaching and mentoring of
the MJP communications team.
Page 49
January 2021 49
3.2.2.1 Support for the development and structuring of arguments
MJP also continued supporting the implementation of the Platform's advocacy plan, through
facilitating further development of the following activities:
(1) Coalition for Judicial/Strategic Litigation: The Strategic Litigation Coalition held its 4th
meeting on November 6, 2020 in order to validate the operational work plan of the team
of lawyers and jurists with proposed drafts of their scopes of work. Subsequently, MJP
launched an open call for applications and prepared the evaluation process of the
applications submitted.
(2) Money Trail Investigative Journalism: preparation for the launch of the field investigation
phase resumed in December 2020, after a few months of a pause due to the COVID-19
health restrictions.
During this quarter, the CAOs started to have high response rate compared to previous quarters
and were able to respond to 261 reported complaints. Most of these complaints concerned
reports on the costs of fines, difficulties in acquiring national identity cards, and inquiries about
the KAKOFO application. As an achievement, 2 of these assisted persons were able to obtain
their identity card at the normal cost.
3.2.2.2 Supporting the Joint Advocacy Actions of the Framework for Consultation
MJP continued its search for an individual expert consultant to undertake a rapid institutional
assessment of the Cadre de Concertation. After an unsuccessful first call for applications, a
second call was issued which resulted in the recruitment process for the selection of the
successful candidate. The award and commencement of the rapid assessment is expected to
occur in the next reporting quarter.
3.2.3 Deploying an influence communication campaign
During this reporting period, MJP worked with its usual media partners in the production of
relevant content and supported our partners in their communication needs in addressing and
responding to the COVID-19 health crisis. MJP also continued implementing a multi-faceted
communication strategy using a wide range of media: print media (social media platforms, such as
Facebook and WhatsApp, radio (including community radio), and television (including web TV),
when feasible.
3.2.3.1 Building influence communication capabilities
During the first quarter of Year 6, as mentioned in the above sections, MJP strengthened the
capacities of the Interregional Platform and the CAOs in institutional communication, internal
communication and interpersonal communication. The objective of this training session was, on
the one hand, to support the partners to contribute to the free movement of people and goods
Page 50
January 2021 50
through solid and accurate communications, to standardize messages and adapt them to the
target audiences to better disseminate anti-corruption information in the trade corridors. On the
other hand, it aimed to equip partners to develop and implement a digital communication strategy,
to optimize visibility of their activities and achievements on social media, and to improve and
strengthen their capacities in terms of communications intended for behavioral change.
All of the local branches of the platform (Koutiala, Koury, Bougouni, Kadiolo and Sikasso) and
the Sikasso and Koutiala advocacy offices were represented during this training session. The
training modules combined both theoretical presentations and practical exercises, where learners
were able to define their communication needs, choose the relevant channels for their visibility,
and develop a communication strategy by the end of the training. On the last day of the training,
both organizations were able to craft a communication strategy, along with an accompanying
implementation plan.
3.2.3.2 Support for the Influence Communication Campaign
MJP also supported its main partners, the Platform and AJCAD, in the implementation of a series
of activities to promote the 2020 International Anti-Corruption Day. These partners were
assisted in undertaking several communication actions that helped to positively influence public
opinion on the fight against corruption and further improving their knowledge of the phenomenon
of corruption and its social, economic and political impact. To this end, a slogan
#AllUnitedAgainstCorruption was designed with a specific logo to be included in all of the
campaign's visual materials.
The week-long series of activities held from December 7 - 12, 2020, were carried out in the
Sikasso region and produced interesting results. First, the event allowed MJP and its partners to
develop and strengthen relations with all a whole range of stakeholders in the fight against
corruption and road harassment. The activities mobilized actors in the corridors, media, local
authorities, civil society activists and even men in uniform that are sometimes considered a part
of the problems. There was, for example, the case of the police officers in Koutiala who, for the
first time, participated in a soccer match with the Platform and the CAO with the presence of
the highest authority of the city. In fact, on several occasions before, they had declined invitations
to participate in any activity against corruption. This time, the soccer team of police officers (see
picture) even agreed to wear the T-shirt with the slogan "All United Against Corruption". This
positive change in attitude demonstrates the improved level of trust that the regional control
authorities give to MJP’s initiatives.
Second, the event communication increased exposure of the messages of the awareness and
information campaign through the involvement of the partners who instantly broadcast images
accompanied by short informative texts on the activities being carried out. The official page of
the Mali Justice Project, dubbed “No Payment Without Receipt”, shared colorful publications
Page 51
January 2021 51
depicting all of the activities that were carried out during this week with its network members.
During this period, with the support of the BENBERE platform bloggers, the project’s webpage
was able to reach nearly 500,000 people over the defined period with several types of content
(e.g., photos, videos, text, etc.). It was also be noted that the different WhatsApp groups related
the project also contributed to ensure visibility for the different activities during that week.
2.2 ACTIVITIES PLANNED BUT NOT ACHIEVED
See Table 1 under ACTIVITIES UPDATE BY IR AND SUB IR for additional summarized information.
1.2.4 from Y5WP - Session validating the status of court clerks (discipline, results control,
evaluation, promotion, etc.) incorporating the gender theme
The consultant selected after several meetings with the leader of the Component mentioned
certain difficulties which constituted a handicap within the framework of the mandate entrusted
to him. Among these difficulties is the inexistence of a clerks' offices code which constitutes a
legal void in the architecture of the texts governing judicial organization in the Republic of Mali.
He received a copy of a draft clerks' offices code drawn up by the Specialist in charge of registry
within the Component before he was transferred to the High Court of Commune VI of the
District of Bamako.
The consultant made a commitment to submit his report before the end of the next quarter and
he will be sent periodic reminders to this effect to meet deadlines.
1.3.2 Train actors in the criminal chain on GBV, trafficking in persons and smuggling of
migrants
Gender-based violence (GBV) is one of the most widespread scourges in the world. Globally,
one in three women is raped, beaten, coerced into having sex or abused in her lifetime. Although
women and girls are the main target of GBV, men and young boys can also be victims, especially
if their behaviors are perceived as not conforming to the social norms that apply to men. These
abuses take place all over the world, in families, workplaces, schools and even communities.
In Mali, statistics on gender-based violence are of great concern. For example, the rate of excision
among women aged 15-49 is 91% (UNFPA). In addition, the 2012 crisis led to a worrying increase
in violence against women and girls across the country. Forced and / or early marriages, denial of
resources, or even genital mutilation, to name but a few, have seriously increased.
An efficient fight against this scourge requires the training of all the actors involved in the penal
chain. After having organized sessions for magistrates, heads of courts and prosecutors, MJP in
partnership with the DNAJ and the INFJ targeted the staff of court registries, secretaries of court
registries and prosecutors' offices in the justice sector, on the theme of gender-based violence
Page 52
January 2021 52
(GBV). The staff of the registries is indeed an essential link in the criminal chain in that it assists
the magistrates responsible for investigating and adjudicating criminal law offenses.
The session that was originally scheduled for December 14 and 15, 2020 was postponed following
the strike by the clerk’s union. The session was therefore postponed taking place during the
second half of January 2021.
1.3.5 Prepare and disseminate case law collections
Difficulties in accessing court decisions and the development of case law very often force
practitioners, magistrates of courts and tribunals and even lawyers to resort to decisions from
other countries in the French-speaking area in general to argue and motivate their judgments,
rulings or pleadings.
The general objective sought is the publication of a collection of case law to allow a better
knowledge of national case law on corruption and economic and financial delinquency, both
among professionals and in academia and technical and financial partners.
As part of this exercise, a call for candidates was launched by MJP for the selection of a consultant
and at the end of the count it was Mr. Arandane Toure, lawyer at the Court involved in matters
of fight against corruption.
1.3.7 Preliminary study on the design and development of a justice portal
The creation of a portal on justice constitutes one of the areas of intervention of the Orientation
and Programming Act in order to improve the knowledge of the justice system by the populations.
USAID MJP, which was the strategic partner of MOJ in the development of the aforementioned
act, has thus committed, as part of its work plan for year 6, to conduct a preliminary study on
the design and development of a justice portal.
This study should carry out an inventory of sites that exist in the field of justice in order to avoid
duplication. The TORs are being developed by TL1, the Communication and IT Specialists and
will be finalized before the end of January 2021 at the latest.
In terms of objectives, this site or portal should allow access to:
• Common codes and texts;
• Legal fact sheets which deal with practical questions on proceedings before civil, criminal,
administrative and commercial courts;
• References and comments on Malian doctrine and comparative law;
• References and comments on case law and comparative law.
The TORs will decide on the advisability of selecting a consultant or the possibility of designing
and internally developing a justice portal.
Page 53
January 2021 53
1.5.1 from Y5WP - Organize the validation workshop for the new CCP project developed
by MJP
Discussions concerning the preliminary draft Code of Criminal Procedure are at this stage
practically complete and a date remains to be agreed for the holding of the national validation
workshop which has been postponed due to the decision of the public authorities on the health
context linked to the COVID-19 pandemic.
It should be emphasized, however, that due to recent developments in the socio-political context
following the events of August 18, 2020, the authorities of the Transition have marked their
commitment to fight against impunity in matters of economic and financial crime.
As part of the implementation of the priorities of the roadmap, the Director of DNAJS, during
the second week of December requested the Lead Partner of Component I of MJP on behalf of
the Secretary General of the MOJ in order to prepare two bills and decrees inspired by the
preliminary draft Code of Criminal Procedure and aiming at the establishment of a single
economic and financial pole in Bamako whose territorial jurisdiction will be national. This creation
aims to strengthen consistency and efficiency in the fight against economic and financial crime
with the abolition of the two poles established at the Courts of Appeal of Kayes and Mopti.
The report and the draft bills will be submitted in view of the urgency before the end of January
2021 and these texts will be adopted by the Council of Ministers and voted on by the National
Transitional Council which acts as Parliament.
Discussions are planned in any case with the new Minister of Justice and Human Rights on the
need to submit the draft Code of Criminal Procedure to a national workshop before the end of
the transition period.
1.5.2 from Y5WP - Recruit a consultant for the review of the Penal Code and organize a
joint validation workshop
The last session of the Standing Legislative Committee (CPL) on the preliminary draft of the Penal
Code took place on Monday, September 07, 2020 and the Director of the DNAJS, President of
the CPL asked the consultant at the end of the work to finalize the insertion of the main
recommendations and validated reformulations.
This work was effectively carried out within the allotted deadlines and the consultant sent at the
end of October 2020 to the President of the CPL the latest version including the insertions and
reformulations validated on all the 06 books of the preliminary draft Penal Code. Due to the
close links between the preliminary draft act on the Penal Code and the preliminary draft texts
on the Code of Criminal Procedure and the Judicial Organization, the discussions mentioned in
point 1.51 with the new Minister of Justice will take into account the same issue of the national
validation workshop on these preliminary draft texts.
Page 54
January 2021 54
1.5.11 from Y5WP - Development of an administrative code and an administrative
procedure code and organization of a validation session.
Among the legal voids and other situations that hamper the distribution of quality justice, are the
extreme scattering of administrative texts and the annoyances that have a negative influence on
administrative justice decisions as well as the absence of a code of administrative procedure.
There is therefore an urgent need to develop an administrative code which brings together all
the texts relating to administrative activity and an administrative procedure code which deals
with administrative disputes taking into account Mali's international commitments and the
democratic context. It is in this capacity that MJP has decided to support this initiative at the
request of the Minister of Justice and Human Rights, who sent a letter to this effect to the
Director of MJP.
Two consultants were selected, one concerning the Administrative Code and the other the Code
of Administrative Procedure, and their files are still being processed at the level of the
Administration.
2.1.2 Support the organization of a national workshop to validate the training curriculum
for traditional authorities and 2.1.3 Conduct one three-day training of trainers for MTAD
and MOJ technical staff
The Director of DNAJS has urged MJP to be ready to assist the ministry in rolling out the
traditional authorities’ capacity building activities as soon as the traditional authorities’ bill is
officially submitted to the Council of Ministers. He is delighted that a first version of the training
curriculum is ready for validation. According to the director of DNAJS, all capacity building
activities will start once the law on traditional authorities is approved by the council of ministers
in March or April 2021 in line with the transitional government roadmap.
2.2.2 Training of grantees on grant management; 2.2.3 Training of trainers for grantees
on programmatic and technical knowledge; 2.2.5 Quarterly monitoring, mentoring, and
reporting on grantees’ activities, achievements, and financial accounting; 2.6.2 Build the
capacity of the Hakew Sabatili Network on new gender discrimination areas
The training of grantees on grant management could not take place this quarter because the grant
process was not completed. The process took longer than expected because we had to ensure
that the project proposals, we received from prospective grantees were of the higher possible
quality. Notwithstanding, we expect that this process will be completed next quarter and the
training will then follow.
3.1.2.1 - Accompanying local branches to ensure the institutionalization of Watch Cells in
agreement with the relevant regional authorities
Due to unanticipated procedural difficulties, the printing and dissemination of the Watch Cells’
Page 55
January 2021 55
procedural manual was delayed but is expected to be completed and disseminated during the
next quarter.
2.3 Planned Activities for Next Quarter
A complete list of activities planned for Quarter 2 can be found in the Year 6 Workplan or
provided upon request. Major activities planned for next quarter include:
Grants
• Finalize the negotiation memoranda
• Draft the grants agreement
• Submit documents for approval
• Signature of grants agreements
• Submit the first deliverables and pay the first installments
Component 1
• Review the texts on the organization and functioning of central services
• Support the DNAJ in its courts’ performance monitoring missions
• 1.1.3 Support central services in conducting organizational diagnostics of structures
under their responsibility
• Continue process to develop a software as part of civil and criminal chains
computerization at the level of clerk’s office
• Train ISJ inspectors on auditing and logistical support in reports dissemination
• Train court officials and prosecutors as well as chief clerks on the program budgets and
the annual performance plan
• Advisory support to program managers in developing and implementing their annual
performance plan
• Logistical support to the Standing Legislative Committee
• Organize conferences of court managers and prosecutors
• Organize conferences on the functioning of clerks’ offices
• Logistical support to the National Committee for Coordination of the Fight against TIP
and Related Practices
• Train actors in the criminal chain on GBV, trafficking in persons and smuggling of
migrants
• Publish and disseminate approved case law collection
• Preliminary study on the design and development of a justice portal
Component 2
Page 56
January 2021 56
• Subgrants given to CSOs to support provision of legal services
• Training of grantees on grant management
• Training of trainers for grantees on programmatic and technical knowledge
• Conclude the recruitment of Conflict Resolution Advisors (CDRAs)
• Begin development a mobile application (app) to provide reliable legal and administrative
information and to link users to the legal assistance system.
• Establish a virtual legal clinic through an access to justice Call Center
• Assist the Ministry of Justice to draft and adopt a legal aid policy
• Publish the Acts of the Conference on the funding of legal aid by the private sector
• Support the MOJ to adopt the law on the status and role of Qadis and traditional
authorities in the distribution of justice
• Joint training of TIP stakeholders
• Support the Hakew Sabatili network to implement its advocacy strategy
Component 3
• Continue to implement the Platform's Sustainability Plan: launch of the Platform’s
organizational development through the recruitment of consulting firm to support
strategic planning, management tools development and mobilization of economic
operators.
• Supporting CAOs management in implementing its Sustainability and Capacity
Development Plan: Grant agreement with the select CSO partner to manage the CAOs,
implement their capacity building plan and develop mechanism for sensitization and legal
protection against GBV and TIP.
• Accompanying local branches to ensure the institutionalization of Watch Cells in
agreement with the relevant regional authorities: Capacity building sessions at local
branch level to take ownership of the procedural manual content, including mechanisms
on detection, reporting and referral for presumed victims of road harassment, GBV and
TIP.
• Supporting the satisfactory handling of complaints and requests for assistance from
users: Joint training sessions focusing on strengthening the collaboration between CAOs
and the Watch Cells in assisting victims of abuses in the trade corridors and ensuring
increased users’ engagement and implementation of the sustainability plan of the
KAKOFO mobile reporting app.
• Support for the detection, reporting and management of GBV and TIP cases along target
road corridors: Improvement of data collection tools to capture relevant data on
harassment, GBV and TIP at checkpoints, and implementation of protocol of detection,
protection and networking for GBV/TIP cases at the regional and national levels.
Page 57
January 2021 57
• Supporting the coordination of the Platform to design, organize and facilitate cascading
capacity building actions for the benefit of professional users of the corridors:
Organization of lab format training sessions on GBV and TIP performed by the newly
trained trainers, including for women traders in one of the local branches.
• Strengthening public support in the fight against road harassment of all kinds:
Identification of women champions to develop case studies and prepare the realization
of the production of TV spots, radio programs and video capsules.
• Facilitate the organization of quarterly problem and incident resolution meetings in
three covered regions (Bougouni, Koutiala and Sikasso): Preparation of training sessions
for the advocacy officers of the local branches of the Platform and improvement of the
methodology to conduct an information meeting to regional authorities and key
stakeholders.
• Making effective service standards specific to checkpoint control operations: Setting up
of the Joint Committee to diligent the inventory of the existing norms and the
development of the draft standards.
• Support for the development and structuring of arguments: Collection and analysis of
data from the Money Trail Investigative Journalism, strategic litigation, KAKOFO and the
Watch Cells/CAOs.
• Supporting the Joint Advocacy Actions of the Cadre de Consultation and the Platform:
Supervision of the consultant’s work on the assessment and institutional development of
the Consultation Framework.
• Building influence communication capabilities: Select a service provider specialized on
influence communication to prepare and conduct the training of communication officers
of the partners (Inter Regional Platform and Cadre de Concertation).
• Support for the Influence Communication Campaign: Scoping meetings to select
influencers and elaboration of influence partners' proposal and action plan.
3 CHALLENGES ENCOUNTERED AND PROPOSED
SOLUTIONS
The slow pace at which the transition institutions were set up caused some uncertainties
regarding the future of key reforms including those related to the criminal procedure code and
the law on the role and status of Qadis and traditional authorities in the distribution of justice.
These doubts were quickly quelled when the government published its roadmap which included
almost all reforms on which MJP was already working including legal aid, traditional justice, and
the criminal procedure code. The fact that the transitional government decided to uphold these
Page 58
January 2021 58
key reforms as priorities for the transition period, is testament of MJP’s clout and understanding
of dynamics in the Malian justice system.
COVID-19 Pandemic-related Challenges
As the quarter ended, a second wave of the COVID-19 pandemic led the government of Mali to
announce new closures and meeting restrictions. The third meeting of the anti-TIP committee
could not be held for example because of these restrictions. The Bar Association announced that
they were not taking any external meetings till the health situation improves. The ministry of
justice cancelled all court hearings until at least January 26, 2021. MJP had to return to teleworking
to prevent the spread of the virus. MJP has however remained engaged with its CSO and
government partners occasionally taking important meetings in strict respect of preventive
measures.
4 CROSS-CUTTING ISSUES
Gender
MJP local partners are currently designing their project proposals for the next grant phase. There
is a special focus on the provision of holistic services (legal, psychosocial, economic, medical, and
social reintegration) to women and girls. That theme was particularly present during the 16 days
of activism against gender-based violence when MJP and its local partners organized several
activities to mark the event. There were two school fora for example to raise toddlers’ awareness
on the danger and impact of GBV. The event also covered one of the two women centers in
Bamako where women’s inheritance rights were discussed with more than 200 persons attending.
MJP also organized a “Grand Dialogue’’ with Studio Tamani on hereditary slavery which has been
viewed more than 1000 times on YouTube and was broadcast through Studio Tamani’s network
of 70 radio stations and two TV channels.
5 MONITORING, EVALUATION AND LEARNING
Please see Annex C for the complete data on MJP’s progress in the current quarter as it relates
to indicators and targets set in the Monitoring, Evaluation and Learning Plan. A revised Activity
Monitoring, Evaluation and Learning Plan (AMELP) is also available as of April 2019.
6 MANAGEMENT/STAFFING The Grants Specialist and Component 3 Transportation and Legal Specialist both left the project
in December. The Component 3 Outreach and Communications Specialist has officially
transitioned to a project-wide Communications Specialist role.
Page 59
January 2021 59
7 RISK MANAGEMENT AND SECURITY
Security risks are considered in the planning of all activities, especially those in regions in the
center and north of the country where inter-community clashes and attacks have increased over
the years. During the reference period, several attacks by terrorist groups took place on a
recurring basis in the area known as the three borders between Mali, Niger and Burkina Faso. In
the center of the country, villages are put under embargo by the same jihadist groups, thus helping
to limit the scope of MJP.
The new authorities of the Transition are working in a context marked by social and political
unrest. In their desire to focus on the fight against impunity and economic and financial crime,
the Ministry of Justice asked USAID MJP to develop draft texts aimed at the creation of an
economic and financial pole with national jurisdiction and this in line with the option set out in
the draft Code of Criminal Procedure it is preparing.
Additional risks are outlined in the table below:
Description of risk Chance of
risk
Severity of
risk impact
Risk Mitigation Plan/Actions
Political instability Medium Medium Although the transitional government had a
rocky start, with low public buy-in in their
agenda, things have steadily improved over the
past two months. The publication of the
transition roadmap with key concerns such as
the constitutional reform, the strengthening of
the decentralization process, electoral reforms
and key justice reforms at the heart of the
government’s priorities, contributed to
pacifying the political field.
MJP is a major player in the transitional
government ‘s justice priorities. The MOJ has
specifically requested MJP’s support in
facilitating the adoption of the traditional
authorities’ bill, drafting a legal aid bill as well
as a bill on the status of paralegals. The
government has also requested MJP’s support
in developing draft texts aimed at the creation
of an economic and financial pole with national
jurisdiction and this in keeping with the option
proposed in the draft Criminal Procedure
Code it is preparing.
These positive developments show that, even
in the face of political bouleversement, MJP
Page 60
January 2021 60
retains significant clout in the justice sector
processes and remains a trusted partner of
the government of Mali.
Difficulties in mobilizing
traditional leaders and
authorities for capacity
building activities
Low Medium As mentioned earlier, the passage of the
traditional justice bill is a priority for the
transitional government. April 2021 has been
set as the deadline for the adoption of this law
even though all signals point to the fact this
deadline will not be met. Notwithstanding, the
law will be passed eventually. In anticipation of
the promulgation of this law, the Ministry of
Justice has already asked MJP to prepare for
the launch of capacity building activities, a
major component of the traditional justice bill.
Civil unrest,
terrorist attacks,
and other security
threats in
implementation
zones
High Medium MJP considers high priority to maintain good
travel security e.g., driver training, vehicle
maintenance and security protocols. Thanks to
MJP extensive network in the field, we are able
to maintain good monitoring of security
situation in program areas. This is why, in spite
of persisting insecurity in some project areas,
MJP and its partners are able to shift gears and
adopt suitable mechanisms to continue to serve
our beneficiaries.
COVID-19 pandemic Medium Medium The government had to re-impose COVID-
19-related restrictions following a surge in the
number of cases and deaths. All gatherings of
more than 50 people are strictly prohibited.
Current MJP activities are implemented
consistent with government
recommendations.
MJP will continue to follow government
recommendations on the operations of staff in
affected areas and work in non-affected areas.
Once available, MJP will also leverage
technology (app and call center) to offer
services regardless of how the health situation
evolves.
