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CRU Policy Brief
           JUNE 2020

           Decentralisation amidst
           hybrid governance
           The case of northern Mali

                                                                                                                      Anna Schmauder
    The Malian peace agreement of 2015, known as the Algiers Agreement, aimed to
    improve relations between select representatives of northern Mali and central state
    authorities through decentralisation. Yet, in contrast to ongoing counterterrorism
    efforts, governance reform through the decentralisation process has received
    little attention from either the Malian government or its international partners.
    As a consequence, effective decentralisation in northern regions remains limited
    at this point in time.
    This policy brief contributes to the debate on decentralisation in Mali by illustrating
    how decentralisation in northern Mali has become an issue of contestation
    between central state authorities and armed signatories. Decentralisation remains
    captured in a logic of territorial control, in which the representation of armed
    signatories takes precedence before the needs and interests of marginalised tribes
    and communities in northern regions. Central state authorities and signatories
    have been reinforcing this logic of representation, each trying to hamper the
    influence of the other over territorial control in northern regions.

1    Introduction

The Malian peace agreement of 2015,               Since the 1990s rebellion, decentralisation
known as the Algiers Agreement, aimed             has become a reflexive co-optation strategy
to improve relations between select               in response to repeated northern uprisings.2
representatives of northern Mali and central      In practice, however, efforts to decentralise
state authorities through decentralisation.1      governance quickly lost momentum once the
Yet, in contrast to ongoing counterterrorism      military threat of northern Tuareg-led armed
efforts, governance reform through the            groups subsided. As a consequence, effective
decentralisation process has received little      decentralisation in northern regions remains
attention from either the Malian government       limited at this point in time. Since 2015,
or its international partners.                    armed signatories to the Algiers Agreement

1   2015 Algiers Agreement, Article 6 calls for   2   Seely, J. 2001. ‘A political analysis of decentralisation:
    enhanced representation of populations in         coopting the Tuareg threat in Mali’. The Journal of
    the national assembly.                            Modern African Studies, 39:3, p. 499-524.
CRU Policy Brief

    – specifically the former rebel coalition                    For historically subordinated groups,
    CMA3 – have pushed for the decentralisation                  this provided an opportunity to contest
    of governance. Yet, implementation of new                    societal hierarchies.6 Decentralisation
    decentralised regions following the peace                    thereby became both a tool for increased
    agreement has been slow. This is because                     representation of the north and a tool to
    the Malian government has diverging                          challenge the hierarchical order of northern
    priorities – pushing for the return of state                 societies.7
    security forces and DDR4 in northern
    territories instead.5                                        To this day, division lines of local politics
                                                                 run along autochthonous (first-arrivers) and
    This policy brief contributes to the debate                  allochthonous (late-arrivers) members of a
    on decentralisation in Mali by illustrating                  community.8 Whereas village and fraction
    how decentralisation in northern Mali                        chiefs are customarily representatives
    has become an issue of contestation                          of the families of first-arrivers, so-called
    between central state authorities and                        late-arrivers to a particular area have
    armed signatories. It outlines the extent to                 had to fit into confined power structures.
    which decentralisation in the north of the                   Local hierarchies are further structured
    country has reproduced existing governance                   around historically defined categories
    problems, in which the interests of both                     of ‘nobles’, ‘vassals’ and ‘slaves’.9 When
    signatory armed groups and customary                         decentralisation formally concentrated
    elites take precedence over those of                         financial power in the hands of the mayor,
    marginalised communities. Since the 2012                     the creation of electoral offices at municipal
    crisis, governance in northern Mali has been                 level provided a channel for challenging the
    determined more by a logic of territorial                    socio-economic and socio-political authority
    control than by decentralised structures.                    of these customary elites.10 In this sense,
    In that sense, armed actors define the scope                 the electoral competition introduced through
    of administrative governance.                                decentralisation is intertwined with both
                                                                 inter- and intra-community contestation,
                                                                 as members of historically subordinated
    2 Democratising                                             fractions could formally compete for office
       representation?                                           with members of historically dominant
                                                                 fractions.

    Recurring uprisings in northern Mali
    were centred around demands for both
    increased electoral representation and
    more autonomous territorial governance.
    Since the 1990s, decentralisation has
                                                                 6  Pezard, S. and Shurkin, M. 2015. Achieving Peace
    been considered the necessary response
                                                                    in Northern Mali: Past agreements, local conflicts,
    to these demands – in the creation of                           and the prospects for a durable settlement. Santa
    new territorial units and new electoral                         Monica, California, RAND Corporation. p. 32.
    positions. Starting with the first municipal                 7 Hagberg et al. 2019. ‘Intervention local, élites
    elections in 1999, governance in Mali                           politiques et décentralisation de l’état au Mali’.
    formally shifted from centrally appointed                    8 Hetland, Ø. 2007. ‘The politics of decentralisation in
    state representatives to locally elected                        Mali: the prospects for local democracy’, Forum for
    civil authorities.                                              Development Studies, 34:1, p. 142.
                                                                 9 Molenaar, F., Tossel, J., Schmauder, A., Idrissa, A.
                                                                    and Lyammouri, R., August 2019, The Status Quo
                                                                    Defied: The legitimacy of traditional authorities in
                                                                    areas of limited statehood in Mali, Niger and Libya,
    3   Coalition for Azawad Movements.                             The Hague: Clingendael Institute.
    4   Disarmament-Demobilization-Reintegration.                10 Lecocq, B. 2003. ‘This country is your country:
    5   The Carter Center April 2020. Rapport de                    territory, borders and decentralisation in Tuareg
        l’Observateur independent Observations sur la mise          politics’. Itinerario-international journal on the history
        en œuvre de l’Accord pour la paix et la réconciliation      of european expansion and global interaction, 27:1,
        au Mali, issu du processus d’Alger.                         p. 60.

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CRU Policy Brief

    As electoral office promised not only public              most powerful.15 At both local level as mayors
    authority but also access to state resources,             and district level as members of parliament,
    electoral contestation introduced through                 they have in many instances successfully
    decentralisation effectively fuelled tensions in          cemented their influence.16
    tribal hierarchies, as customary elites at the
    highest echelons of traditional authority were            This logic of elite capture is best illustrated
    challenged. Rather than institutionalising                in the region of Ménaka, where the position
    channels of contestation between the                      of member of parliament was consecutively
    central state and northern peripheries,                   in the hands of customary elites. Oullimiden
    decentralisation has instead increased local              amenokal Bajan Ag Hamatou is an example
    and regional contestation.                                of this dynamic, holding the position of both
                                                              member of parliament and customary leader
    Yet the ability to capture elected office                 of Ménaka for more than two decades.
    is closely linked to both financial status                This combination of hereditary and electoral
    and control of resources. This logic also                 capital facilitated the continuation of tribe-
    holds in central Mali, where subordinated                 based representation in which customary
    groups have a similarly poor chance of                    leaders are elected based on the hereditary
    being elected.11 Electoral mobilisation                   position they hold within the most numerous
    requires both social and economic capital.12              tribal communities.17
    The prevailing logic of decentralisation is
    more one of particular interests based on                 This dynamic illustrates how decentralisation
    the logic of kinship and tribal fractions, than           processes are ill-equipped to deal with
    of representation of community interests.13               situations of hybrid governance in which
    The institutional position of member of                   non-state actors play key governance roles.
    parliament reproduces the political and                   As a result, customary actors are able to
    social inequalities that exist among tribal               capture newly created electoral positions to
    fractions.                                                maintain and stabilise their existing positions
                                                              of power.
    As a consequence, customary elites14 have
    skilfully been able to capture electoral office
    across the territory, where their fractions are

    11 Jourde, C., Brossier, M. and Cissé, MG. 2019.
       ‘Predation and violence in Mali: Fulani statutory
       elites and logic of domination in the Mopti region’.
       Canadian Journal of African Studies / Revue               and economic power that comes with the title.
       canadienne des études africaines, 53:3, p. 431-445.       Lecocq, B. 2003. ‘This country is your country:
    12 Vliet, M. 2014. ‘Weak legislatures, failing MPs, and      territory, borders and decentralisation in Tuareg
       the collapse of democracy in Mali’. African Affairs,      politics’. Itinerario-international journal on the history
       113, p. 45-66. NIMD 2019. Etude Nationale sur le          of european expansion and global interaction, 27:1,
       coût financier des campagnes electorales et des           p. 60.
       mandats electifs au Mali.                              15 De Bruijn, M. and Pelckmans, L. 2005. ‘Facing
    13 Vliet, M. 2014, op. cit.                                  dilemmas: training Fulbe slaves in modern Mali’.
    14 As administrators of territory since pre-colonial         Canadian Journal of African Studies / La Revue
       times, customary elites have remained powerful            canadienne des études africaines, 39:1, p. 69-95.
       in the face of absent state capacity, especially       16 Nonetheless, the 2013 deputy elections in the
       in northern Mali. Customary governance actors             district of Kidal can be considered proof that this
       play key roles in local conflict resolution and           power also has its limits.
       land management. See Molenaar, F. et. al. 2019.        17 Similarly in Mopti, the electoral arena has
       The Status Quo Defied: The legitimacy of traditional      consolidated the status of dominant Fulani elites.
       authorities in areas of limited statehood in Mali,        See Jourde, C., Brossier, M. and Cissé, M.G. 2019.
       Niger and Libya, The Hague: Clingendael Institute.        ‘Predation and violence in Mali: Fulani statutory
       p. 96. The title of the highest echelon of customary      elites and logic of domination in the Mopti region’.
       authority – amenokal – signifies him as ‘owner            Canadian Journal of African Studies / Revue
       of the land’, highlighting the combined political         canadienne des études africaines, 53:3, p. 431-445.

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CRU Policy Brief

    3 Decentralisation and                              Central state authorities lacking willingness
       redistricting                                     to engage with these issues have left
                                                         the decentralisation process stalled,
                                                         even in areas where it has already
    Next to the logic of territorial representation,     been implemented. In January 2016,
    an essential part of Malian decentralisation         decentralisation increased the number of
    lies in the re-ordering of territory into newly      regions in Mali to ten, transforming the
    defined boundaries – called ‘redistricting’.         previous northern districts of Ménaka and
    In northern Mali, this essentially means             Taoudéni into distinct regions and thereby
    transforming existing districts into                 increasing the number of elected positions
    regions and the consequent changing of               for northern communities.19 Four years
    municipalities into districts. This territorial      after its implementation, operationalisation
    aspect of decentralisation is further fuelling       of these new regions had not yet been
    tensions – with regard to potential access           completed on all administrative levels, and
    to central state resources in Bamako, and            decentralisation in northern Mali is therefore
    to existing resources and infrastructure in a        effectively lacking a proper foundation.
    given territory.                                     As a result, central state authorities did not
                                                         take the new regions into account in the
    The 2019 regional consultation processes             legislative elections of March and April 2020.
    on decentralisation in Mali’s northern
    regions has illustrated this pattern. As voting      This move has been interpreted by some
    for members of parliament takes place at             as a disregard of existing decentralisation.
    district level, the greater the number of            As one interviewee argued, the decision
    districts the better the representation of           has further alienated civilians, who have a
    a given population in Bamako, and hence              hard time comprehending such disregard of
    the higher the likelihood of having access           legally recognised regions.20 In this sense,
    to central state resources. In the process           while recognition of existing decentralised
    of redistricting in Kidal, communities that          structures would have effectively increased
    were consulted proposed the creation of              institutional representation of candidates
    up to 19 districts in the existing region,           affiliated with the former rebel alliance
    with each powerful fraction attempting to            CMA, its blatant disregard risks adding to
    establish their own district. Districting has        an already pervasive sense of inequality in
    become synonymous with holding power                 northern regions.
    and resources.

    As seen in Ménaka, territorial redistricting         4 Armed actors and changing
    exacerbates grievances around access to                 power relations
    essential resources. In a region characterised
    by repeated episodes of severe drought,
    decentralisation in northern Mali has, in            In the absence of reliable state apparatus
    some instances, increased grievances                 capable of governing its entire territory,
    around access to water, education                    Malian central state authorities have relied
    and justice. For example, in early 2018              on a dual governance strategy in which
    historically marginalised communities in             officially implemented decentralisation
    Ménaka protested against the proposed                is accompanied by strategic alliances
    redistricting.18                                     with regional elites – both customary and
                                                         armed. Rather than co-optation attempts

                                                         19 République du Mali. 2012. Loi N°2012-018 portant
                                                            création des Cercles et Arrondissements des
    18 Yattara, Inamoud – unpublished transcript.           Régions de Tombouctou, Taoudénit, Gao, Ménaka
       Note Techniques: Analyse de la déclaration des       et Kidal.
       Communautés lésées du cercle de Ménaka relative   20 Interview AMM Representative, Bamako, Mali,
       au découpage communal (Région de Ménaka).            February 2020.

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CRU Policy Brief

    through decentralisation, state–society                     inclusive representation of constituencies.
    relations in northern Mali have instead been                Through their reliance on local elites to
    shaped by a strategy of counterbalance                      counterbalance Ifoghas Tuareg, central state
    relying on establishing regional proxies as                 authorities ultimately profit from the elite
    an antithetical element to restive Ifoghas                  capture of democratic positions.
    Tuareg tribes.21 In this sense, central state
    authorities’ governance relied more on a few                Since the 2015 peace agreement, interim
    selected individuals and groups, rather than                authorities installed in northern regions, in
    any attempt to ‘represent the full spectrum                 coordination between the signatory armed
    of society’ through the formal decentralised                groups and central state authorities, have
    governance channels.22                                      contributed to a further blend of authority.
                                                                While these interim authorities at regional
    In Ménaka, Bamako’s reliance extended to                    and district levels have been installed by
    both the aforementioned customary elites                    the state, they represent key personnel of
    cementing their influence in electoral office               the signatory armed movements, making
    and the armed groups comprising the pro-                    a separation of power de facto impossible.
    government Platform, including the Imghad                   The position of interim authorities is thus
    Self-Defence Group GATIA and its ally MSA,                  an additional example in which armed
    led by Daoussahak Tuareg. This dual reliance                territorial control has become congruent
    on customary and armed actors favoured                      with administrative power. As such, interim
    counterbalancing rather than integrating                    authorities in Ménaka – a former stronghold
    and co-opting rebellious Ifoghas Tuaregs,23                 of the Platform coalition – have been
    putting the decentralisation process at the                 nominated by Platform members GATIA/
    end of the queue.                                           MSA, whereas interim authorities in Kidal
                                                                had been proposed by the ex-rebel coalition
    This dual position of customary leadership                  CMA.
    in Ménaka as proxy and de facto para-
    sovereign of the region24 is best expressed                 The strategy of counterbalancing, however,
    in the saying ‘If Bajan is strong, the state                failed most recently with regard to Bamako’s
    is strong.’25 In this sense, customary elites               non-state armed allies of the Platform
    operate on the same clientelism pattern                     – GATIA/MSA. As partners in French
    employed by the state, with both central                    counterterrorism operations, they had been
    state authorities and their regional proxies                increasingly targeted by radical actors, which
    relying on particular interests rather than on              weakened the alliance and resulted in splits
                                                                within the Platform. The ex-rebel coalition
                                                                CMA stepped into this chasm of territorial
                                                                control, further expanding into northern
    21 Boone, C. 2003. Political Topographies of the African
                                                                regions including Ménaka. This change in
       State: Territorial authority and institutional choice.
                                                                power relations has led the aforementioned
       Cambridge, UK, Cambridge University Press.
       The strategy of counter-balance was also deployed
                                                                customary elites – long-acting as proxy
       to influence in-group dynamics of the Ifoghas.           for Bamako – to adapt through renewed
    22 Pezard, S. and Shurkin, M. 2015. Achieving Peace         alliances with the CMA. At the November
       in Northern Mali: Past agreements, local conflicts,      2019 summit of Ifoghas-dominated HCUA,
       and the prospects for a durable settlement. Santa        arguably the CMA’s most influential bloc,
       Monica, California, RAND Corporation, p. 26.             Oullimiden aménokal Bajan Ag Hamatou
    23 Nonetheless, the CMA cooperated by securing              officially declared his alliance to the group.26
       northern Mali during the 2018 presidential elections     This switch of allegiance was similarly
       that led to the re-election of President Ibrahim         observed across various tribal fractions,
       Boubacar Keita.
                                                                formally announcing their shift to the CMA,
    24 Sandor, A. 2017. Insecurity, the Breakdown of social
       trust, and armed actor governance in central and
       northern Mali. A Stabilizing Mali Project Report.
       August, p. 23.                                           26 United Nations 2020. Letter dated 28 February 2020
    25 Grémont, C. 2004. Les liens sociaux au Nord-                from the Panel of Experts Established pursuant to
       Mali: entre fleuve et dunes: récits et témoignages.         Resolution 2374 (2017) on Mali addressed to the
       Karthala Editions.                                          President of the Security Council.

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CRU Policy Brief

    thereby adapting to the armed group most                   of Ménaka as a district of Gao region, would
    capable of extending at least a fragile form               have increased the number of national
    of protection.27                                           representatives of this territory by a factor of
                                                               four. Instead of one member of parliament for
    In the increasingly fragmented conflict                    the district of Ménaka – as in previous years,
    landscape of Mali, this switching of alliances             amenokal Bajan Ag Hamatou was elected
    is indicative of the necessity for customary               with 75% – the new region of Ménaka could
    central state proxies to align to new                      have elected four members of parliament for
    power balances. it similarly underlines the                each of the respective districts of the newly
    continued dependency of both central state                 created region.
    and armed actors on selected influential
    customary leaders. As local strongmen,                     Governance dynamics in northern Mali are
    their ability to mobilise large numbers of                 therefore characterised by the competing
    the population makes them an attractive                    logic of both formal and informal peripheral
    cooperation partner for both governments                   governance arrangements deployed by
    and non-state armed actors.28 In this sense,               the central state. As such, the formal
    customary actors remain intermediaries                     decentralisation process has been in
    between state and society,29 a function                    competition with a logic of armed territorial
    that further allows them to cement local                   control, on which both the ex-rebel coalition
    power hierarchies, to the disadvantage of                  CMA and the central state through its
    subordinated groups.                                       proxy armed Platform coalition relied.
                                                               In this sense, the predominant form of
    While it is difficult to distinguish the degree            governance has so far been shaped
    to which territorial control will correspond               by selective reliance on customary
    with political power in Ménaka, the latest                 elites and pro-state armed groups to
    legislative elections demonstrate the                      counterbalance the ex-rebel CMA coalition.
    CMA’s ability to attain electoral dominance.30             As a consequence, decentralisation in the
    This ambition has similarly translated to the              northern region of Ménaka has contributed
    region of Ménaka. Their capacity as veto                   little to democratising representation and has
    players on the national level has once again               instead empowered selected ethnic groups
    become visible ahead of the 2020 legislative               to the detriment of subordinated fractions.
    elections, for which CMA advocated
    the taking into account of increased
    representation of northern populations by                  5    Conclusion
    including the region of Ménaka created
    in 2016. Accounting for the new region of                  Five years since the signing of the 2015
    Ménaka, with its distinct districts – instead              Peace Agreement, governance in northern
                                                               Mali is characterised by overlapping spheres
                                                               of customary, armed and administrative
                                                               authority,31 in which the separation of power
    27 Interview HCUA Representative, Bamako, Mali,            eludes set categories. As authority waxes
       March 2020.                                             and wanes,32 signatory armed groups hold
    28 Raleigh, C. and De Bruijne, K. 2017. ‘Where rebels      administrative positions through the interim
       dare to tread: A study of conflict geography and        authorities, but also shape the latitude
       co-option of local power in Sierra Leone’. Journal of   of administrative actors through their
       Conflict Resolution, 61:6, p. 1230-1260.
    29 Molenaar, F. et al. 2019, The Status Quo Defied:
       The legitimacy of traditional authorities in areas
       of limited statehood in Mali, Niger and Libya.
       Clingendael Institute. Chapter 2; Leonardi, C. 2019.    31 Raleigh, C. and De Bruijne, K., 2017. ‘Where rebels
       Making Order Out of Disorder: Customary authority          dare to tread: A study of conflict geography and
       in South Sudan. Rift Valley Institute.                     co-option of local power in Sierra Leone’. Journal of
    30 Thurston, A. ‘Mali: Analysing the Legislative              Conflict Resolution, 61:6, p. 1230-1260.
       Results from Kidal’. Sahel Blog. Available here:        32 Hagmann, T. and Péclard, D. 2010. ‘Negotiating
       https://sahelblog.wordpress.com/2020/05/01/mali-           statehood: dynamics of power and domination in
       analyzing-the-legislative-results-from-kidal/.             Africa’. Development and Change, 41(4), 539-562.

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CRU Policy Brief

    role as key military powers. In this sense,                 In addition, decentralised structures have
    military force accompanies political power                  been a marginalised channel of contestation.
    – a recognition to which even pro-state                     Instead, most power plays still take place
    customary leaders such as the amenokal in                   at macro level through the problem of
    Ménaka have to submit.                                      armed territorial control and the implicit
                                                                political influence it implies. Changing power
    In the aftermath of the 2015 Algiers                        relations in northern Mali, following the
    Agreement, decentralisation has become                      implosion of the Platform coalition in 2019,34
    conceptualised as both a tool to increase                   could therefore provide renewed impetus to
    relations between northern Mali and central                 focus on institutionalised decentralisation
    authorities and a means to transform armed                  instead of selective informal decentralised
    governance into institutionally accepted                    arrangements.
    channels of contestation. This has been
    more aspiration than reality, a fact that has               The current decentralisation process is
    been most recently underlined in the context                captured in a logic of territorial control
    of legislative elections held on 29 March                   that remains dominated by the armed
    2020, in which the failure to implement                     signatories, whose representation takes
    decentralisation in Ménaka region led                       precedence before the needs and interests
    to renewed contestation by the ex-rebel                     of marginalised tribes and communities in
    coalition CMA.                                              northern regions. Central state authorities
                                                                and signatories have been reinforcing
    These ramifications of decentralisation                     this logic of representation, each trying
    do not depend on the institutional                          to hamper the influence of the other over
    creation of decentralised structures, but                   territorial control in northern regions. In
    on the governance dynamics in which                         the present context of changed power
    decentralisation takes place.33 While                       relations, implementing decentralisation at
    decentralisation has in some cases enabled                  district and municipality levels in the newly
    the population to challenge historical                      created region of Ménaka will likely lead to
    hierarchies, the decentralisation process in                greater representation of CMA interests in
    the aftermath of the 2015 peace agreement                   the national assembly. But the integration
    continues to play out between elites. The                   of former rebels follows institutionalisation,
    signatory armed groups – presenting strong                  be it in the security sector or governance.
    but marginal fractions such as those within                 In this regard, Mali’s international partners
    CMA, and representing numerous tribes                       should not shy away from holding central
    such as within the Platform – have installed                state authorities accountable: the fact that
    interim authorities, while customary elites                 criticism of the stalled decentralisation
    proved able to secure their positions as                    process has come from the ex-rebel CMA
    deputies through flexible alliances.                        bloc does not render it any less valuable.

                                                                34 The Carter Center. January 2020. Rapport de
                                                                   l’Observateur independent Observations sur la mise
                                                                   en œuvre de l’Accord pour la paix et la réconciliation
                                                                   au Mali, issu du processus d’Alger. Significant splits
                                                                   within the armed groups composing the signatory
    33 See Boone, C. 2003. Political Topographies of the           Platform coalition – both within the Arab Movement
       African State: Territorial authority and institutional      of Azawad (MAA) and the GATIA (Tuareg Self-
       choice. Cambridge, UK, Cambridge University                 Defence Group and Allies), weakened the politico-
       Press.                                                      military power of the Platform coalition.

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www.clingendael.org/cru        @clingendaelorg
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About the author
Anna Schmauder is a Junior Researcher at Clingendael’s Conflict
Research Unit. In this capacity, she focuses on hybrid governance in
peacebuilding contexts and their intersection with security dynamics
in the Sahel region.
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