Report on Citizenship Law: Mali
system conflict with cultural practices, traditional authority or the ways in which minority
groups, such as nomads, live.
Upon independence under the transitional laws that were enacted, residents of Mali
should have automatically obtained Malian nationality. Most, however, were not registered or
issued with identity documents. This left some Malians, particularly minority groups and those
living in rural areas or northern Mali, at risk of discrimination.
War broke out in northern Mali in 1962, the same year as Mali passed its first nationality
code. Conflict would greatly impede the implementation of Malian nationality law. Civil war
drove thousands of Tuareg and others abroad where many would remain unregistered in
refugee camps, something that would later impede their ability to return. Drought would cause
further thousands to leave northern Mali. Mali’s socialist government was replaced with a
military dictatorship in 1968. During this time, legal reform was not possible.
The 1990s brought a return of multi-party democracy and legal reform to Mali,
including small reforms to the nationality law, though not the sweeping changes to ensure
gender equality that some activists wanted. Islamic leaders continued to oppose the
secularisation of Malian nationality law. Armed conflict in the north would continue to plague
Mali, however, and impede the implementation of nationality. New conflict in central Mali
only added to its instability.
The place of nomadic communities in the nation-state would emerge as a serious
challenge to Mali’s legal system, including its nationality law. There remained a serious
question of nomad belonging given the existence of parallel, traditional power structures in
nomadic communities and a mis-match between pastoralism and the requirements of the state.
For all Malian communities, particularly in rural areas, the question of the role of customary
law in determining Malian nationality remains unaddressed.
In 2011, Mali drafted a new nationality law that modernised and updated may aspects
of the law, while retaining conservative, Islamic principles in other areas of family and personal
law. This period also saw the renewal of armed conflict in northern Mali, this time prompting
a coup and the collapse of government functions in the north. Following a French military
intervention, northern Mali remains highly unstable and mostly under military or rebel control.
Further attempts at reform and decentralisation, such as via a new constitution, have stalled.
Today, Mali faces the worst security challenges of its post-independence history, a
situation that greatly impedes further legal reforms and the implementation of the rule of law.
Without a true commitment to peace and decentralisation, it is unlikely that Mali will be able
to implement fully its nationality regime in the near future. Questions over the place of nomads
in the centralised state, the role of customary law and the place of Islam in government will
remain serious challenges to Malian nationality law well into the future.
22
RSCAS/GLOBALCIT-CR 2020/11- © 2020 Author(s)