STRIKE OUT! MALI'S MAGISTRATES RETURN TO WORK

UNCLAS SECTION 01 OF 03 BAMAKO 000375

SIPDIS

E.O. 12958: N/A
TAGS: PGOV KDEM KJUS ML
SUBJECT: STRIKE OUT! MALI'S MAGISTRATES RETURN TO WORK

1.(SBU) Summary: During the month of May, a long-running
dispute between the Malian government and the two magistrate
labor unions SAM and SYLIMA threatened to paralyze the Malian
legal system. One union, and then the other, launched
strikes of unlimited duration to protest the government's
failure to implement new pay schedules. The two magistrate
unions were joined in their strike by the members of the
clerks of court union, SYNAG. While the larger and more
moderate Autonomous Union of Magistrates (SAM) returned to
work on May 18, members of the Free Union of Magistrates
(SYLIMA) and of the clerks of court union only resumed their
duties on June 2, after the government threatened to find
replacements for the striking magistrates. In meetings with
the Embassy on June 5, the leaders of both SAM and SYLIMA
claimed their strikes were a complete success, and denied
that the unions were attempting to delay the certification of
the April 26 election results. The strike by judges and
prosecutors, who are already perceived by Malians as
extremely well-off, is not likely to increase Malians' faith
in the judicial system. End Summary.

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A Tale of Two Unions
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2.(SBU) The Autonomous Union of Magistrates (SAM) -
representing Mali's judges and public prosecutors - was
created in 1992. In 1997, SAM's founder, Daniel Tousseini,
accepted a post with the Ministry of Justice and stepped down
from leadership in the labor union. From 1997 to 2003, two
figures - Hameye Foune Mahalmadane and Fodie Toure -
dominated the leadership of the union. In 2003, Fodie Toure
was elected President of SAM. Mahalmadane, then the
Secretary General, contested the results of the election.
After losing his battle for leadership, Mahalmadane left SAM
and created the Free Union of Magistrates (SYLIMA). In a
meeting with the Embassy on June 5, Fodie Toure, former
President of the National Independent Election Commission
(CENI) and still at the head of SAM, indicated that both
unions serve the same clientele and essentially have the same
objectives. A magistrate has the option of belonging to
either one, although to date SAM remains considerably larger,
with approximately 250 members to SYLIMA's 100.

3.(SBU) Although SAM and SYLIMA often pursue identical
objectives, the tone of the unions is markedly different.
The Malian press invariably compares Fodie Toure's "dove" to
Hameye Mahalmadane's "hawk." In the June 5 meeting, Toure
indicated he doesn't care much for the comparison, but that
it is essentially accurate. He prefers to say that while SAM
is "respectful," SYLIMA is more "violent." It was plainly
evident at the June 5 meetings that there is no love lost
between the two union leaders.

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They Never Promised to Keep their Promises
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5.(SBU) The strikes in May were the culmination of years of
failed negotiations between the magistrate unions and the
government. As early as 2006, SAM produced a memorandum for
the government outlining concerns, which were resubmitted in
the form of negotiating demands in 2007. SYLIMA, likewise,
provided a list of negotiating demands to the government in
June 2007. The two labor unions demanded that magistrate
salaries, which have not changed since 2000, be brought into
line with increases in the cost of living. Other demands
included updating court infrastructure, providing magistrates
with greater access to work related technology like law books
and computers, and revising the magistrate code to eliminate
anomalies where junior magistrates might receive higher pay
than more senior magistrates assigned to other locales.

6.(SBU) During extensive negotiations with the government
during 2007, full agreement was reached on the majority of
the unions' demands. The government agreed to implement a
new payscale effective January 1, 2008, which would provide
magistrates a salary ranging from 200,000 to 250,000 CFA
(approx. 400-500 USD) per month based on seniority. Before
the new payscale was budgeted, however, the government
approached the unions and requested a delay in the
implementation of the agreement, due to fiscal shortfalls.
Both SAM and SYLIMA acquiesced, and a new date of August 1,
2008 was agreed upon. A second delay later postponed the pay
increases to January 1, 2009.

7.(SBU) In December 2008, the unions approached government
representatives to remind them of the government's
engagement. Although assured by the government that the new
payscales had been duely budgeted, 2009 arrived with no
change in the magistrates' salaries. Further negotiations
followed, whereupon the government agreed to implement the
new payscale as of October 1, 2009. According to the

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magistrate unions, the government also agreed during those
negotiations immediately to sign decrees codifying the
increase into law, presumably limiting the government's
ability to reneg on its agreement. In April 2009, when the
government failed to prepare the appropriate decrees, both
unions submitted the legally required notice of intent to
strike.

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The Spoiled Children of the 3rd Republic
--------------

8.(SBU) On May 4, SYLIMA and the clerks of court union went
on an unlimited strike. SAM followed suit on May 13. The
two simultaneous strikes left the Malian judicial system
completely paralyzed, with up to 80% of courts closed
nationwide according to SAM leader Toure. In addition to
delaying all court trials scheduled during the strike period,
the clerks of court strike left Malian citizens unable to
obtain legal documents such as passports or birth
certificates. Many suspects in criminal matters were held
without charge for far longer than the 48 hours provided by
the law, simply for lack of judges before whom to appear.
Some Malian newspapers reported isolated cases of individuals
completing jail sentences but remaining behind bars because
there was no way to process their release.

9.(SBU) SYLIMA leader Mahalmadane claimed, in his June 5
meeting with the Embassy, that the strike was as successful
in pulling public opinion to the magistrates' side as it was
in putting pressure on the government. In fact, the opposite
is true. Notwithstanding the government's utter inability to
keep its agreements with the unions, the majority of the
press accounts of the strike were hostile to the unions,
focusing on the inconvenience caused Malian citizens. The
Malian people are highly suspicious of judges and
prosecutors, perceiving the judicial system as hopelessly
corrupt. Malian magistrates are widely proclaimed to be the
"spoiled children of the 3rd Republic," and the strike was
generally perceived as resulting from greed rather than
legitimate grievances.

10.(SBU) In addition, allegations surfaced from some quarters
that the magistrates were attempting to "take the April 26
election results hostage" in order to improve their
bargaining position. Malian electoral law requires that
election results be certified by the Constitutional Court
after the courts have disposed of all challenges to election
results. Critics charged that the Malian magistrates' strike
would keep the election results in an untenable and
unacceptable limbo, and that this was precisely the unions'
intent. SAM leader Toure dismissed this idea as ridiculous,
noting that Mali has never in the past had difficulty seating
municipal councils while election result challenges are
pending. Toure also noted that such challenges usually take
two months, so at worst, the strike would only add one month
to an already time-consuming process.

11.(SBU) On May 15, less than 72 hours after SAM had gone on
strike, the union agreed to return to work on May 18.
According to Toure, SAM abandoned its strike because the
President of the Supreme Court had secured a promise from
President Amadou Toumani Toure personally that the government
would adopt decrees necessary to implement the magistrates'
pay increases effective October 1, 2009. SAM leader Toure
indicated to the Embassy that President Toure had never
broken a personal promise to the union since he took office
in 2002, and that the union had greater faith in him than in
the government representatives they had dealt with
previously. Toure and the SAM leadership also reasoned that
if the union had already agreed to postpone payment until
October 1, there was no need to strike 5 months in advance.

12.(SBU) By contrast, SYLIMA did not abandon its part of the
magistrates' strike until June 2, 2009, almost a month after
the strike began. The SYLIMA decision came almost
immediately after the government implemented decrees hiring
"temporary" replacements for the striking magistrates.
SYLIMA leader Mahalmadane insisted that the government's
action had absolutely nothing to do with their decision to
abandon the strike, telling the Embassy instead that the
union backed off because a large number of "big
personalities" from civil society asked it to do so.

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Can the Government Deliver?
--------------

13.(SBU) Both Toure and Mahalmadane claimed the strikes were
a success, although neither received any additional
concessions from the government. Moreover, neither Toure nor
Mahalmadane doubt the ability of the government to keep its
word and implement the new payscale as of October 1.

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Mahalmadane noted cynically that if one examines the money
the government spends on itself, there is no doubt it
possesses the resources to keep its word should it choose to
do so. Toure, more optimistically, noted that a special
commission, comprising members of the bar, the High Council
of Islam, and retired judges, are witnesses to the
government's agreement and will be able to apply appropriate
pressure. It should be noted, however, that this commission
has been in place since the negotiations began and has done
nothing to inspire the government to keep its word up to this
point. Both unions, however, insist their return to work is
contingent upon the government keeping its word, and that if
decrees authorizing their pay increases are not signed by
October 2009, they reserve the right to strike again.

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Comment: Another Blow to the Rule of Law
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14.(SBU) Unfortunately, Malian magistrates seem to have
compounded the mistrust and resentment of the Malian people
by holding hostage the judicial system until their own
demands are met. Recent allegations that some magistrates
have released decisions favoring the wealthy and politically
well connected in spite of the evidence against them have
further cast doubt on the impartiality of the judiciary.
Thus, even though the magistrates today are victims of unkept
government promises, the Malian people have perceived the
magistrates' strike not as an act to gain redress for
legitimate grievances, but as another example of judicial
greed at the expense of Malian society. End comment.

MILOVANOVIC