| BENIN Republic of Benin Republique du Benin Joined United Nations: 20 September 1960 Human Rights as assured by their constitution Click here Updated 03/24/10 |
| CAPITAL |
| POPULATION |
| CHIEF OF STATE |
| SELECTION PROCESS |
Porto-Novo
8,791,832
note: estimates for this country explicitly take into account the effects of excess mortality
due to AIDS; this can result in lower life expectancy, higher infant mortality and death
rates, lower population and growth rates, and changes in the distribution of population
by age and sex than would otherwise be expected (July 2009 est.)
note: estimates for this country explicitly take into account the effects of excess mortality
due to AIDS; this can result in lower life expectancy, higher infant mortality and death
rates, lower population and growth rates, and changes in the distribution of population
by age and sex than would otherwise be expected (July 2009 est.)
Thomas Yayi Boni
President since 6 April 2006
President since 6 April 2006
President elected by popular vote for a five-year term (eligible
for a second term); runoff election held 19 March 2006
Next scheduled election: March 2011
for a second term); runoff election held 19 March 2006
Next scheduled election: March 2011
HEAD OF GOVERNMENT
SELECTION PROCESS
Thomas Yayi Boni
President since 6 April 2006
President since 6 April 2006
According to the Benin Constitution, the president is both the
chief of state and head of government
chief of state and head of government
| DECLARATION OF HUMAN RIGHTS |
| ETHNIC GROUPS |
Fon and related 39.2%, Adja and related 15.2%, Yoruba and related 12.3%, Bariba and related 9.2%, Peulh and related
7%, Ottamari and related 6.1%, Yoa-Lokpa and related 4%, Dendi and related 2.5%, other 1.6% (includes Europeans),
unspecified 2.9% (2002 census)
7%, Ottamari and related 6.1%, Yoa-Lokpa and related 4%, Dendi and related 2.5%, other 1.6% (includes Europeans),
unspecified 2.9% (2002 census)
| RELIGIONS |
Christian 42.8% (Catholic 27.1%, Celestial 5%, Methodist 3.2%, other Protestant 2.2%, other 5.3%), Muslim 24.4%,
Vodoun 17.3%, other 15.5% (2002 census)
Vodoun 17.3%, other 15.5% (2002 census)
| GOVERNMENT STRUCTURE |
Republic- 12 departments. Legal system is based on French civil law and customary law; has not accepted compulsory ICJ
jurisdiction
Executive: popularly elected for five year term, eligible for a second term; runoff election held 19 March 2006 (next to be held in
March 2011)
Legislative: Unicameral National Assembly or Assemblee Nationale (83 seats; members are elected by direct popular vote
to serve four-year terms); runoff election held 19 March 2006 (next to be held in March 2011)
elections: last held 31 March 2007 (next to be held by March 2011)
Judicial: Constitutional Court or Cour Constitutionnelle; Supreme Court or Cour Supreme; High Court of Justice
jurisdiction
Executive: popularly elected for five year term, eligible for a second term; runoff election held 19 March 2006 (next to be held in
March 2011)
Legislative: Unicameral National Assembly or Assemblee Nationale (83 seats; members are elected by direct popular vote
to serve four-year terms); runoff election held 19 March 2006 (next to be held in March 2011)
elections: last held 31 March 2007 (next to be held by March 2011)
Judicial: Constitutional Court or Cour Constitutionnelle; Supreme Court or Cour Supreme; High Court of Justice
| LANGUAGES |
French (official), Fon and Yoruba (most common vernaculars in south), tribal languages (at least six major ones in north)
| BRIEF HISTORY |
Present day Benin was the site of Dahomey, a prominent West African kingdom that rose in the 15th century. The territory
became a French Colony in 1872 and achieved independence on 1 August 1960, as the Republic of Benin. A succession of
military governments ended in 1972 with the rise to power of Mathieu KEREKOU and the establishment of a government
based on Marxist-Leninist principles. A move to representative government began in 1989. Two years later, free elections
ushered in former Prime Minister Nicephore SOGLO as president, marking the first successful transfer of power in Africa
from a dictatorship to a democracy. KEREKOU was returned to power by elections held in 1996 and 2001, though some
irregularities were alleged. In 2006, Mathieu KEREKOU was not constitutionally permitted to run for re-election since he
had already served two terms and was over 70 years old. Despite speculation, this was not changed and he stood down
after the election of his successor, Yayi Boni. The Cabinet is under the authority of the President, and serves to advise and
help formulate strategies. It also liaises with ministries and other government institutions. Boni has set as his priorities (as
translated from French) In-depth reorganization of the directions and services of BOAD to gain the fight against Poverty. -
Multiplication by five levels of activities and the withdrawals between 1994 and 2004 to reach 80 billion. - The drastic
cleansing of the wallet to bring back the unpaid ones on engagements withdrawn to less than 2% - Increase each year of the
Net transfer of the resources in favour of the States. - Increase in the capital of the Bank which passed from 140 billion in
1994 to 700 billion in 2005 with the arrival new shareholders. - The increase in the contest of the loans and contests
nonrefundable which passed from 147 billion in 1994 to 421 billion in 2005. - The realization with the financial partners (the
World Bank; AFD; ACDI) of the project of development of the regional money market for an amount of more than 200
billion. - Visibility more marked of the Bank during this last decade with a very particular admiration of the financial partners
who are satisfied of the management of the Bank
Sources CIA World Factbook (select Benin) ; Wikipedia Politic of Benin ; Yayi Boni Official Web Site
became a French Colony in 1872 and achieved independence on 1 August 1960, as the Republic of Benin. A succession of
military governments ended in 1972 with the rise to power of Mathieu KEREKOU and the establishment of a government
based on Marxist-Leninist principles. A move to representative government began in 1989. Two years later, free elections
ushered in former Prime Minister Nicephore SOGLO as president, marking the first successful transfer of power in Africa
from a dictatorship to a democracy. KEREKOU was returned to power by elections held in 1996 and 2001, though some
irregularities were alleged. In 2006, Mathieu KEREKOU was not constitutionally permitted to run for re-election since he
had already served two terms and was over 70 years old. Despite speculation, this was not changed and he stood down
after the election of his successor, Yayi Boni. The Cabinet is under the authority of the President, and serves to advise and
help formulate strategies. It also liaises with ministries and other government institutions. Boni has set as his priorities (as
translated from French) In-depth reorganization of the directions and services of BOAD to gain the fight against Poverty. -
Multiplication by five levels of activities and the withdrawals between 1994 and 2004 to reach 80 billion. - The drastic
cleansing of the wallet to bring back the unpaid ones on engagements withdrawn to less than 2% - Increase each year of the
Net transfer of the resources in favour of the States. - Increase in the capital of the Bank which passed from 140 billion in
1994 to 700 billion in 2005 with the arrival new shareholders. - The increase in the contest of the loans and contests
nonrefundable which passed from 147 billion in 1994 to 421 billion in 2005. - The realization with the financial partners (the
World Bank; AFD; ACDI) of the project of development of the regional money market for an amount of more than 200
billion. - Visibility more marked of the Bank during this last decade with a very particular admiration of the financial partners
who are satisfied of the management of the Bank
Sources CIA World Factbook (select Benin) ; Wikipedia Politic of Benin ; Yayi Boni Official Web Site
| ECONOMIC OVERVIEW |
The economy of Benin remains underdeveloped and dependent on subsistence agriculture, cotton production, and regional
trade. Growth in real output has averaged around 4% in the past three years, but rapid population growth has offset much of
this increase. Inflation has subsided over the past several years. In order to raise growth, Benin plans to attract more foreign
investment, place more emphasis on tourism, facilitate the development of new food processing systems and agricultural
products, and encourage new information and communication technology. Specific projects to improve the business climate
by reforms to the land tenure system, the commercial justice system, and the financial sector were included in Benin's $307
million Millennium Challenge Account grant signed in February 2006. The 2001 privatization policy continues in
telecommunications, water, electricity, and agriculture though the government annulled the privatization of Benin's state
cotton company in November 2007 after the discovery of irregularities in the bidding process. The Paris Club and bilateral
creditors have eased the external debt situation, with Benin benefiting from a G8 debt reduction announced in July 2005,
while pressing for more rapid structural reforms. An insufficient electrical supply continues to adversely affect Benin's
economic growth though the government recently has taken steps to increase domestic power production.
trade. Growth in real output has averaged around 4% in the past three years, but rapid population growth has offset much of
this increase. Inflation has subsided over the past several years. In order to raise growth, Benin plans to attract more foreign
investment, place more emphasis on tourism, facilitate the development of new food processing systems and agricultural
products, and encourage new information and communication technology. Specific projects to improve the business climate
by reforms to the land tenure system, the commercial justice system, and the financial sector were included in Benin's $307
million Millennium Challenge Account grant signed in February 2006. The 2001 privatization policy continues in
telecommunications, water, electricity, and agriculture though the government annulled the privatization of Benin's state
cotton company in November 2007 after the discovery of irregularities in the bidding process. The Paris Club and bilateral
creditors have eased the external debt situation, with Benin benefiting from a G8 debt reduction announced in July 2005,
while pressing for more rapid structural reforms. An insufficient electrical supply continues to adversely affect Benin's
economic growth though the government recently has taken steps to increase domestic power production.
| POLITICAL CLIMATE |
Benin was thus the first African country to successfully effect the transition from dictatorship to a pluralistic political system.
In the second round of National Assembly elections held in March 1995, Soglo's political vehicle, the Parti de la
Renaissance du Benin, was the largest single party but lacked an overall majority. The success of a party formed by
supporters of ex-president Kérékou, who had officially retired from active politics, encouraged him to stand successfully at
both the 1996 and 2001 presidential elections.
In part spurred by the collapse of the Soviet Union and the resultant lack of donor support from the superpower, as well as
an economic crisis within the country, Benin adopted a new constitution in 1990 in order to open up and liberalise the
political system and economy. Its chief aims are to enshrine in law accountability, transparency, freedom of religion, freedom
of the press, separation of governmental powers, the right to strike, universal suffrage (at age 18) and independence of the
judiciary.
These developments have created economic growth in Benin, but some of the bold ideals of the constitution have yet to be
fully realised. Lack of accountability and transparency, failure to separate the judiciary from the political system, and high
levels of illiteracy are the main stumbling blocks. Additionally, state employees are poorly paid, which makes them
susceptible to bribery and corruption. There are unresolved issues with many pre-constitution laws which contradict the
constitution. Many of the older laws derive from French legal norms as France was the former colonial power. Critics have
also complained that the constitution makes no mention of the right to an adequate standard of living
Click here to read more »
In the second round of National Assembly elections held in March 1995, Soglo's political vehicle, the Parti de la
Renaissance du Benin, was the largest single party but lacked an overall majority. The success of a party formed by
supporters of ex-president Kérékou, who had officially retired from active politics, encouraged him to stand successfully at
both the 1996 and 2001 presidential elections.
In part spurred by the collapse of the Soviet Union and the resultant lack of donor support from the superpower, as well as
an economic crisis within the country, Benin adopted a new constitution in 1990 in order to open up and liberalise the
political system and economy. Its chief aims are to enshrine in law accountability, transparency, freedom of religion, freedom
of the press, separation of governmental powers, the right to strike, universal suffrage (at age 18) and independence of the
judiciary.
These developments have created economic growth in Benin, but some of the bold ideals of the constitution have yet to be
fully realised. Lack of accountability and transparency, failure to separate the judiciary from the political system, and high
levels of illiteracy are the main stumbling blocks. Additionally, state employees are poorly paid, which makes them
susceptible to bribery and corruption. There are unresolved issues with many pre-constitution laws which contradict the
constitution. Many of the older laws derive from French legal norms as France was the former colonial power. Critics have
also complained that the constitution makes no mention of the right to an adequate standard of living
Click here to read more »
| INTERNATIONAL DISPUTES |
In September 2007, Economic Community of West African States (ECOWAS) intervened to attempt to resolve the dispute
over two villages along the Benin-Burkina Faso border that remain from 2005 ICJ decision; much of Benin-Niger boundary,
including tripoint with Nigeria, remains undemarcated; in 2005, Nigeria ceded thirteen villages to Benin, but border relations
remain strained by rival cross-border gang clashes; talks continue between Benin and Togo on funding the Adjrala
hydroelectric dam on the Mona River
over two villages along the Benin-Burkina Faso border that remain from 2005 ICJ decision; much of Benin-Niger boundary,
including tripoint with Nigeria, remains undemarcated; in 2005, Nigeria ceded thirteen villages to Benin, but border relations
remain strained by rival cross-border gang clashes; talks continue between Benin and Togo on funding the Adjrala
hydroelectric dam on the Mona River
| REFUGEES AND INTERNALLY DISPLACED PERSONS (IDP) |
Refugees (country of origin): 9,444 (Togo) (2007)
| ILLICIT DRUGS |
Transshipment point used by traffickers for cocaine destined for Western Europe; vulnerable to money laundering due to
poorly enforced financial regulations (2008)
poorly enforced financial regulations (2008)
| HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES |
2009 Human Rights Report: Benin
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Benin is a constitutional democracy with a population of 7.9 million. In 2006 President Boni Yayi was elected to a five-year term in
multiparty elections. In the 2007 legislative elections, President Yayi's Cowry Force for an Emerging Benin (FCBE) won 35 of 83
seats in the National Assembly and formed a majority with a group of 13 National Assembly members from minor political parties.
This coalition proved unstable and relations grew more tense as opposition parties refused to join President Yayi's government.
International observers viewed both the presidential and legislative elections as generally free and fair. However, municipal and local
elections held in April and May 2008 were marred by numerous irregularities, protests, and credible allegations of fraud. Civilian
authorities generally maintained effective control of the security forces.
The government generally respected the human rights of its citizens. However, there were problems in some areas.
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Benin is a constitutional democracy with a population of 7.9 million. In 2006 President Boni Yayi was elected to a five-year term in
multiparty elections. In the 2007 legislative elections, President Yayi's Cowry Force for an Emerging Benin (FCBE) won 35 of 83
seats in the National Assembly and formed a majority with a group of 13 National Assembly members from minor political parties.
This coalition proved unstable and relations grew more tense as opposition parties refused to join President Yayi's government.
International observers viewed both the presidential and legislative elections as generally free and fair. However, municipal and local
elections held in April and May 2008 were marred by numerous irregularities, protests, and credible allegations of fraud. Civilian
authorities generally maintained effective control of the security forces.
The government generally respected the human rights of its citizens. However, there were problems in some areas.
- There were reports that police occasionally used excessive force.
- Vigilante violence resulted in deaths and injuries.
- Harsh prison conditions and arbitrary arrest and detention with prolonged pretrial detention continued.
- Impunity and corruption were problems.
- Women were victims of violence and societal discrimination, and female genital mutilation (FGM) was commonly practiced.
- Trafficking and abuse of children, including infanticide and child labor, occurred.
22 December 2009
Human Rights Council
Thirteenth session
Agenda item 3
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to
development Report of the Special Rapporteur on the right to food, Olivier De Schutter*
Addendum
Mission to Benin
Summary
After discussing the state of food insecurity in Benin, the Special Rapporteur analyses the legal and institutional framework
governing the right to food. He then examines the various public policies that significantly affect the gradual realization of the
right to food in Benin. Although small farmers and farm labourers are not the only vulnerable groups in Benin, the report focuses
mainly on them, since Benin has reached a crucial point in the redefinition of its agricultural policies. The policies initiated to
revitalize agriculture before and after the food price crisis in early 2008 are the subject of particular attention, as are the projects
aimed at organizing agricultural channels and improving market functioning, along with access to credit, rural land reform and
agrofuel development. The Special Rapporteur looks more briefly at how the right to food of the urban poor could be better
guaranteed.
Recommendations are made for improving the realization of the right to food. They call for more ambitious support to the
dissemination of sustainable agriculture best practices, continued reinvestment in agricultural extension systems, and a special focus
on the impact of international trade on small producers and on the integration of such producers in export channels. These efforts
should be coordinated as part of a national strategy for the realization of the right to food, an initiative that could be organized by
Benin within the framework of its existing structures, if it chose to follow this path.
VI. Conclusions and recommendations
64. Benin has recently taken important initiatives to strengthen its agricultural sector and to help the poorest households, particularly
those in rural areas, to cope with the increase in food prices. These initiatives are to be welcomed. They could be improved by
being anchored in the right to food, with a view to achieving more effective targeting and guaranteeing that demands for
participation and nondiscrimination are met. This would avoid confusion between policies aimed at ensuring food security by
increasing production and policies aimed at strengthening the right to food by guaranteeing access for all to adequate food.
65. The Special Rapporteur encourages the Beninese authorities to adopt a national strategy for the realization of the right to food,
in accordance with general comment No. 12 (1999) of the Committee on Economic, Social and Cultural Rights (E/C.12/1999/5).
Such a strategy should set key dates, objectives and indicators for realizing this right. Its adoption should be participatory, as called
for in guideline 3.8 of the FAO Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the
Context of National Food Security.21 It should improve coordination among actors, which is still lacking. The Office of the High
Commissioner for Consultative Governance could be provided with additional resources to enable it to coordinate the preparation of
the national strategy and ensure the participation of the population in debates of concern to it.
Click here to read more »
Human Rights Council
Thirteenth session
Agenda item 3
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to
development Report of the Special Rapporteur on the right to food, Olivier De Schutter*
Addendum
Mission to Benin
Summary
After discussing the state of food insecurity in Benin, the Special Rapporteur analyses the legal and institutional framework
governing the right to food. He then examines the various public policies that significantly affect the gradual realization of the
right to food in Benin. Although small farmers and farm labourers are not the only vulnerable groups in Benin, the report focuses
mainly on them, since Benin has reached a crucial point in the redefinition of its agricultural policies. The policies initiated to
revitalize agriculture before and after the food price crisis in early 2008 are the subject of particular attention, as are the projects
aimed at organizing agricultural channels and improving market functioning, along with access to credit, rural land reform and
agrofuel development. The Special Rapporteur looks more briefly at how the right to food of the urban poor could be better
guaranteed.
Recommendations are made for improving the realization of the right to food. They call for more ambitious support to the
dissemination of sustainable agriculture best practices, continued reinvestment in agricultural extension systems, and a special focus
on the impact of international trade on small producers and on the integration of such producers in export channels. These efforts
should be coordinated as part of a national strategy for the realization of the right to food, an initiative that could be organized by
Benin within the framework of its existing structures, if it chose to follow this path.
VI. Conclusions and recommendations
64. Benin has recently taken important initiatives to strengthen its agricultural sector and to help the poorest households, particularly
those in rural areas, to cope with the increase in food prices. These initiatives are to be welcomed. They could be improved by
being anchored in the right to food, with a view to achieving more effective targeting and guaranteeing that demands for
participation and nondiscrimination are met. This would avoid confusion between policies aimed at ensuring food security by
increasing production and policies aimed at strengthening the right to food by guaranteeing access for all to adequate food.
65. The Special Rapporteur encourages the Beninese authorities to adopt a national strategy for the realization of the right to food,
in accordance with general comment No. 12 (1999) of the Committee on Economic, Social and Cultural Rights (E/C.12/1999/5).
Such a strategy should set key dates, objectives and indicators for realizing this right. Its adoption should be participatory, as called
for in guideline 3.8 of the FAO Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the
Context of National Food Security.21 It should improve coordination among actors, which is still lacking. The Office of the High
Commissioner for Consultative Governance could be provided with additional resources to enable it to coordinate the preparation of
the national strategy and ensure the participation of the population in debates of concern to it.
Click here to read more »
Freedom In The World 2009 Report
Political Rights Score: 2
Civil Liberties Score: 2
Status: Free
Overview
President Boni Yayi’s coalition in the National Assembly fell apart in 2008, threatening his progress on corruption reform and
privatization. Yayi passed a number of laws by decree in July, drawing accusations that he had abused his powers. Separately, the
election commission was heavily criticized for corruption and mismanagement of the year’s local elections, in which the opposition
performed well.
Technical problems with elections are common in Benin owing primarily to the country’s poverty and limited infrastructure.
However, the 2008 local elections proved to be especially problematic and were characterized by disorganization, significant delays,
and serious irregularities. Initially slated for February, the balloting was postponed until April due to the usual logistical issues, such
as voter registration and ballot transportation. Electoral irregularities then led to contestation of the results in 24 districts; these had
to be annulled and the elections rescheduled, some for as late as September. According to final results, opposition parties performed
particularly well.
In the period before the local elections, the Supreme Court reprimanded the board of the Autonomous National Election
Commission (CENA) three separate times for “politicization” and “lack of probity,” and five CENA members were later arrested for
stealing 50,000 electoral cards. While the five were eventually released and charged with lesser crimes, the incidents significantly
undermined public confidence in the commission. The government promised to create a permanent computerized electoral register,
and work on the project officially began in September.
In February, the government set up a committee, led by a former member of the Constitutional Court, to recommend constitutional
changes with the aim of eliminating lingering elements of communism from the charter. However, many opposition leaders argued
that Yayi would use the opportunity to increase executive power. During the year, Yayi drew increasing opposition criticism for
alleged abuses of power, and the pro-Yayi parliamentary majority gradually unraveled. As a result, many of Yayi’s anticipated
anticorruption reforms failed to win passage, decentralization and privatization measures were postponed, and Yayi took the
extraordinary step of passing three laws by decree in July, using a power that is usually reserved for times of crisis. The president
offered to take more opposition members into his cabinet, but the positions he proposed were deemed unsatisfactory.
Click here to read more »
Political Rights Score: 2
Civil Liberties Score: 2
Status: Free
Overview
President Boni Yayi’s coalition in the National Assembly fell apart in 2008, threatening his progress on corruption reform and
privatization. Yayi passed a number of laws by decree in July, drawing accusations that he had abused his powers. Separately, the
election commission was heavily criticized for corruption and mismanagement of the year’s local elections, in which the opposition
performed well.
Technical problems with elections are common in Benin owing primarily to the country’s poverty and limited infrastructure.
However, the 2008 local elections proved to be especially problematic and were characterized by disorganization, significant delays,
and serious irregularities. Initially slated for February, the balloting was postponed until April due to the usual logistical issues, such
as voter registration and ballot transportation. Electoral irregularities then led to contestation of the results in 24 districts; these had
to be annulled and the elections rescheduled, some for as late as September. According to final results, opposition parties performed
particularly well.
In the period before the local elections, the Supreme Court reprimanded the board of the Autonomous National Election
Commission (CENA) three separate times for “politicization” and “lack of probity,” and five CENA members were later arrested for
stealing 50,000 electoral cards. While the five were eventually released and charged with lesser crimes, the incidents significantly
undermined public confidence in the commission. The government promised to create a permanent computerized electoral register,
and work on the project officially began in September.
In February, the government set up a committee, led by a former member of the Constitutional Court, to recommend constitutional
changes with the aim of eliminating lingering elements of communism from the charter. However, many opposition leaders argued
that Yayi would use the opportunity to increase executive power. During the year, Yayi drew increasing opposition criticism for
alleged abuses of power, and the pro-Yayi parliamentary majority gradually unraveled. As a result, many of Yayi’s anticipated
anticorruption reforms failed to win passage, decentralization and privatization measures were postponed, and Yayi took the
extraordinary step of passing three laws by decree in July, using a power that is usually reserved for times of crisis. The president
offered to take more opposition members into his cabinet, but the positions he proposed were deemed unsatisfactory.
Click here to read more »
Document - Compilation of recommendations to the countries under review during the second session of the UPR
Working Group: 5-16 May 2008
Recommendations to the government of Benin
Use of force by police
*To ensure that all reported incidents of excessive use of force by police authorities and special forces are promptly investigated
and that those responsible are brought to justice in line with international standards;
Prison conditions
*To put in at place effective measures to ensure that prison conditions are consistent with international standards all stages of
detention;
The death penalty
*To adopt a moratorium on executions with a view to permanently abolish the death penalty in the criminal code;
*To ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the
death penalty;
International justice
*To enact the draft legislation implementing the Rome Statute into national law with the necessary provisions to bring it in line
with international standards and give full implementation to the Rome Statue.
Click here to read more »
Working Group: 5-16 May 2008
Recommendations to the government of Benin
Use of force by police
*To ensure that all reported incidents of excessive use of force by police authorities and special forces are promptly investigated
and that those responsible are brought to justice in line with international standards;
Prison conditions
*To put in at place effective measures to ensure that prison conditions are consistent with international standards all stages of
detention;
The death penalty
*To adopt a moratorium on executions with a view to permanently abolish the death penalty in the criminal code;
*To ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the
death penalty;
International justice
*To enact the draft legislation implementing the Rome Statute into national law with the necessary provisions to bring it in line
with international standards and give full implementation to the Rome Statue.
Click here to read more »
U.S. Should Stop Sanctioning Allies Over ICC
High Political Price Tag for Anti-Court Policy
(New York, December 10, 2003)
The administration of U.S. President George W. Bush is penalizing more than 20 friendly nations for supporting the International
Criminal Court (ICC), Human Rights Watch said today.
In a letter to U.S. Secretary of State Colin Powell, Human Rights Watch urged the Bush administration to grant broad waivers for
all states that are currently being penalized. The United States has been pressuring governments that have ratified the ICC treaty to
sign bilateral agreements exempting U.S. citizens from the court's authority. Many governments have resisted signing because it
would violate obligations under the ICC treaty.
The American Servicemembers Protection Act prohibits military assistance for ICC states that do not sign these agreements, but
President Bush can waive the prohibition on national interest grounds. President Bush recently waived some sanctions against six
prospective NATO members. More than 20 ICC states still have military assistance being withheld, totaling more than 20 million
dollars. Those states include, among others, Benin, Croatia, Ecuador and Mali.
"It makes no sense for the United States to continue penalizing emerging democracies trying hard to support the rule of law," said
Richard Dicker, director of the International Justice Program. "Why waive sanctions for NATO members but punish states like
Mali, Benin, and Ecuador that urgently need support?"
One third of ICC states parties have signed bilateral immunity agreements with the United States, while another two-thirds have
refused to sign, many even after being sanctioned. In addition, of all the agreements signed with states parties, only nine are now
legally binding. Others require parliamentary approval before coming into effect.
Click here to read more »
High Political Price Tag for Anti-Court Policy
(New York, December 10, 2003)
The administration of U.S. President George W. Bush is penalizing more than 20 friendly nations for supporting the International
Criminal Court (ICC), Human Rights Watch said today.
In a letter to U.S. Secretary of State Colin Powell, Human Rights Watch urged the Bush administration to grant broad waivers for
all states that are currently being penalized. The United States has been pressuring governments that have ratified the ICC treaty to
sign bilateral agreements exempting U.S. citizens from the court's authority. Many governments have resisted signing because it
would violate obligations under the ICC treaty.
The American Servicemembers Protection Act prohibits military assistance for ICC states that do not sign these agreements, but
President Bush can waive the prohibition on national interest grounds. President Bush recently waived some sanctions against six
prospective NATO members. More than 20 ICC states still have military assistance being withheld, totaling more than 20 million
dollars. Those states include, among others, Benin, Croatia, Ecuador and Mali.
"It makes no sense for the United States to continue penalizing emerging democracies trying hard to support the rule of law," said
Richard Dicker, director of the International Justice Program. "Why waive sanctions for NATO members but punish states like
Mali, Benin, and Ecuador that urgently need support?"
One third of ICC states parties have signed bilateral immunity agreements with the United States, while another two-thirds have
refused to sign, many even after being sanctioned. In addition, of all the agreements signed with states parties, only nine are now
legally binding. Others require parliamentary approval before coming into effect.
Click here to read more »
General Debate of the 64th Session (2009)
Benin
H.E. Jean-Marie Ehouzou, Minister for Foreign Affairs
25 September 2009
JEAN-MARIE EHOUZOU, Minister for Foreign Affairs of Benin, said the multifaceted economic crisis had been caused by an
accelerated globalization without global economic governance. The time for assumptions had passed and now was the time to
restore the capacity of the United Nations to fulfil its vocation in its search for solutions to global problems. The Dialogue among
Civilizations was an essential precondition for strengthening multilateralism, and in order to reverse climate change, a new alliance
between man and nature must be forged. The Copenhagen Conference would offer an exceptional opportunity in that regard.
Describing several measures that his country had taken to combat marginalization and poverty, he said the Government was
committed to combating female genital mutilation and establishing equal rights between men and women through a new family
code. Benin welcomed the establishment of a single United Nations system entity for the advancement of women. Measures to
combat poverty included the promotion of microfinance, youth training, mechanization in agriculture and promoting education.
However, economic recession and climate change jeopardized the success of those measures.
Benin suffered from coastal erosion due to rising sea level and drought, he said. To combat coastal erosion, infrastructure projects
were required at the subregional level, for which enormous resources had to be mobilized. In that regard, he proposed the
establishment of a multilateral investment fund under the aegis of the United Nations and the African Union. There was a need for a
United Nations with the moral authority to commit developed countries to reform the global financial architecture, while leading
emerging countries to shoulder fully their international commitments while using their assets to promote South-South cooperation in
order to attain the Millennium Development Goals.
He called for an Organization with strengthened capacity to contribute to ensure the peaceful settlement of disputes, including
through mediation, that could settle the question of Palestine; promote disarmament and non-proliferation of weapons of mass
destruction; promote the rule of law nationally and internationally; promote equitable trade; combat terrorism; and exercise the
responsibility to protect. In reforming the United Nations, expansion of the Security Council membership in both categories was an
inescapable requirement. There was also a need for an Organization that was more just and responsive to the urgent needs of the
current times, as well as to the aspirations of the most vulnerable people on earth.
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Benin
H.E. Jean-Marie Ehouzou, Minister for Foreign Affairs
25 September 2009
JEAN-MARIE EHOUZOU, Minister for Foreign Affairs of Benin, said the multifaceted economic crisis had been caused by an
accelerated globalization without global economic governance. The time for assumptions had passed and now was the time to
restore the capacity of the United Nations to fulfil its vocation in its search for solutions to global problems. The Dialogue among
Civilizations was an essential precondition for strengthening multilateralism, and in order to reverse climate change, a new alliance
between man and nature must be forged. The Copenhagen Conference would offer an exceptional opportunity in that regard.
Describing several measures that his country had taken to combat marginalization and poverty, he said the Government was
committed to combating female genital mutilation and establishing equal rights between men and women through a new family
code. Benin welcomed the establishment of a single United Nations system entity for the advancement of women. Measures to
combat poverty included the promotion of microfinance, youth training, mechanization in agriculture and promoting education.
However, economic recession and climate change jeopardized the success of those measures.
Benin suffered from coastal erosion due to rising sea level and drought, he said. To combat coastal erosion, infrastructure projects
were required at the subregional level, for which enormous resources had to be mobilized. In that regard, he proposed the
establishment of a multilateral investment fund under the aegis of the United Nations and the African Union. There was a need for a
United Nations with the moral authority to commit developed countries to reform the global financial architecture, while leading
emerging countries to shoulder fully their international commitments while using their assets to promote South-South cooperation in
order to attain the Millennium Development Goals.
He called for an Organization with strengthened capacity to contribute to ensure the peaceful settlement of disputes, including
through mediation, that could settle the question of Palestine; promote disarmament and non-proliferation of weapons of mass
destruction; promote the rule of law nationally and internationally; promote equitable trade; combat terrorism; and exercise the
responsibility to protect. In reforming the United Nations, expansion of the Security Council membership in both categories was an
inescapable requirement. There was also a need for an Organization that was more just and responsive to the urgent needs of the
current times, as well as to the aspirations of the most vulnerable people on earth.
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TRANSLATED FROM FRENCH BY GOOGLE TRANSLATE
HAPPY NEW YEAR GREETINGS TO THE HEAD OF STATE BY THE OMBUDSMAN OF THE REPUBLIC
(January 4, 2010)
President of the Republic,
To mark the new year and for the first time in the political history of Benin, a Mediator of the Republic presents itself to you, Mr.
President, to send you the form that he wishes for your health, well-being and success of the mission that our sovereign people
entrusted to you in accordance with our fundamental law. Your family, your government, your staff and all those you love are
present in our minds in the wishes and prayers that we make here.
This position gives me indeed an obligation to respectfully draw the attention of senior leaders of our Union on the dangers we
perceive on the horizon of our development efforts.
It occurs in Africa and now an evil more devastating than malaria and AIDS, which spreads surreptitiously absolute terror.
This is the new social crime that is the deliberate refusal to provide assistance to intelligence fallow and life in danger .... because of
"premiums"!.
Lately, our countries have the unfortunate experience of social conflicts based on long work stoppages, strikes or severe without
minimum service in schools, hospitals or maternity clinics.
The proof: a journal of our West African region, in its issue of December 18, 2009 describes the situation alarming lived for several
days by people of one of our capitals in public hospitals ..''Have mercy on us! " 'cried the sick strikers ... Elsewhere, the threat of
a''white''years weighs on pupils and students.
The dramatic consequences of such situations in a continent already severely tested can not remain indifferent to our leaders, civil
societies and the international community. We can not remain passive before such a drift is a serious violation of rights and respect
for the human person. It is a truth here that crushes, that of an irresponsible anger itself-just, genocide unconscious compromising
the future of an entire continent. It is time to make it a priority without concession. This crime against ourselves, "ourselves"
executioners "ourselves," How tragic aberration suicidal! Aimé Césaire we warned: "The enemy of this people is his laziness, his
boldness, his hatred of discipline, the spirit of enjoyment and torpor"
I just respectfully ask you Mr. President, to be pioneers in this noble cause. We need to establish structures of wage negotiations
absolutely excluding the withholding of assistance to individuals and populations at risk of mental or physical death. ... The school
and the hospital must be rigorously protected sanctuaries and their agents set to benefit treatment lawfully supervised and
guaranteed.
Click here to read more »
HAPPY NEW YEAR GREETINGS TO THE HEAD OF STATE BY THE OMBUDSMAN OF THE REPUBLIC
(January 4, 2010)
President of the Republic,
To mark the new year and for the first time in the political history of Benin, a Mediator of the Republic presents itself to you, Mr.
President, to send you the form that he wishes for your health, well-being and success of the mission that our sovereign people
entrusted to you in accordance with our fundamental law. Your family, your government, your staff and all those you love are
present in our minds in the wishes and prayers that we make here.
This position gives me indeed an obligation to respectfully draw the attention of senior leaders of our Union on the dangers we
perceive on the horizon of our development efforts.
It occurs in Africa and now an evil more devastating than malaria and AIDS, which spreads surreptitiously absolute terror.
This is the new social crime that is the deliberate refusal to provide assistance to intelligence fallow and life in danger .... because of
"premiums"!.
Lately, our countries have the unfortunate experience of social conflicts based on long work stoppages, strikes or severe without
minimum service in schools, hospitals or maternity clinics.
The proof: a journal of our West African region, in its issue of December 18, 2009 describes the situation alarming lived for several
days by people of one of our capitals in public hospitals ..''Have mercy on us! " 'cried the sick strikers ... Elsewhere, the threat of
a''white''years weighs on pupils and students.
The dramatic consequences of such situations in a continent already severely tested can not remain indifferent to our leaders, civil
societies and the international community. We can not remain passive before such a drift is a serious violation of rights and respect
for the human person. It is a truth here that crushes, that of an irresponsible anger itself-just, genocide unconscious compromising
the future of an entire continent. It is time to make it a priority without concession. This crime against ourselves, "ourselves"
executioners "ourselves," How tragic aberration suicidal! Aimé Césaire we warned: "The enemy of this people is his laziness, his
boldness, his hatred of discipline, the spirit of enjoyment and torpor"
I just respectfully ask you Mr. President, to be pioneers in this noble cause. We need to establish structures of wage negotiations
absolutely excluding the withholding of assistance to individuals and populations at risk of mental or physical death. ... The school
and the hospital must be rigorously protected sanctuaries and their agents set to benefit treatment lawfully supervised and
guaranteed.
Click here to read more »
TRANSLATED FROM FRENCH BY GOOGLE TRANSLATE
Institute of Human Rights and Promoting Democracy: Democracy in Everyday Life
Meetings on constitutional practices and policies in Africa: the recent dynamic (Cotonou - Benin, Palais des congrès: 29,
30 September and 1 October 2005)
Workshop Report No. 1
Rating democratic state of law, constitutionalism and institutional development
1. Critical study of the new constitutionalism in the light of fifteen years of practice
It should first make an inventory of new African constitutionalism in light of the experiences of recent years. This inventory is
available in positive findings, but also less positive.
The positive findings
An inventory satisfactory. In the opinion of workshop participants, it seems clear that we have witnessed over the last fifteen years
a renewed vigor of constitutionalism in Africa. This is mainly reflected a desire now displayed liberal democracy, respect for the
separation of powers, the existence of cons-power within the state, protection of rights and freedoms, the consecration of
Constitutional Justice and the existence of independent administrative authorities. The workshop participants noted that these
achievements have not generally been amendments to the constitutions in recent years. Indeed, the most significant changes have
instead focused on presidential terms, then it should be noted that no changes have focused on elements untouchable constitutions.
In short, to quote the comments of one participant, "constitutions are not so bad as this and are perfectible, but useful."
Original experiments. Among the positives about the African constitutionalism, we note that they sometimes reflect the unique and
positive experiences, such as the establishment of truth commissions and reconciliation in different countries.
Internationalization. African constitutions are also subject, probably because of the similarity of problems, an increasingly
international phenomenon which, in turn, allows opportunities for regionalization of solutions. African constitutions do not escape
to a movement of rapprochement with the international normativity, devoting their place in regional and international movement.
The less positive findings
It remains that beyond a general satisfaction, appear certain gaps, certain elements that deserve reflection and improvement.
Imprecise wording. Participants were first noted that some constitutional texts suffer from drafting often imprecise, then after
fifteen years of life, these texts reveal problems now identified.
Ditches and hyphenation. One of the most basic observations made by members of the workshop concerns the gap between the
constitutions and concerns of the populations they serve, the break between the legal state and the country is that real a high
percentage of populations are compared to their constitution, more or less in a state of cultural alienation.
Place of civil society. Several participants noted that civil society and its representatives, subject to appropriate arrangements could
perhaps be more present in the effective functioning of constitutionalism and the determination of its challenges, thereby better
placed in context of constitutionalism and the development a democratic culture felt better.
Possible solutions relating to the constitutional normativity
A first task would be to establish sufficient technical and would respect the constitutional standard itself.
The quality of the constitutional standard. A first possible solution is to propose that, in general, the grantor Africa pays special
attention to the quality of the constitutional standard, particularly in terms of precision and predictability.
The multiplicity normative. Inspired by the Anglo-Saxon, we could probably suggest some other design aspects of constitutional
normativity and away from its legal character, without him losing its binding force. Thus one could imagine that some rules,
particularly those targeting politicians, can migrate to a normative alternative, more proactive type of constitutional conventions of
Anglo-Saxon.
Greater use of supraconstitutionality. If the concept of supraconstitutionality is challenged in some legal circles, it remains that may
be useful to better establish some basis of African constitutions and extending beyond the traditional issues relating to the republican
form, at 'territorial integrity and the multiparty system. Such an approach could it not be used to cover certain issues, for example,
on presidential terms or human rights? Positive practices to this effect could be identified or developed.
Possible solutions for the democratic culture
In the view of participants, one of the most important projects to address the gaps identified above is the development of
democratic culture on constitutionalism. In this regard, we must remember that the Bamako Declaration put the development of
democratic culture in the heart of its concerns. During the workshop, participants identified a number of possible solutions for the
development of a democratic culture on a more internalized constitutionalism.
Educating the democratic culture and constitutionalism. In the view of participants, it is important that people be able to better
understand their constitutions in order, to influence their social representations while allowing them to better understand their role
and their rights. Programs to this effect could be supported by States and, if necessary, the African Union and the OIF.
Implement decentralization. Decentralization of powers is not yet a reality everywhere in Africa. However, effective decentralization
of powers to allow citizens more involved in local and regional development especially their democratic culture.
Work on the culture of democracy between elections. In the context where the participants in the workshop agreed that there
would be important that everyone understands that democracy and constitutionalism have a role to play beyond the few
appointments election, they wanted the actors, including civil society, are made aware of the operating rules of democracy and are
encouraged to attend. This is particularly important with respect to the culture of rights and freedoms should in particular be given
special attention and training at all levels of education.
Define constitutional norms better matched to local cultures. Traditional African cultures include some elements of democracy and
constitutionalism, which have often been more or less ignored in favor of a constitutional normativity. Some presentations showed
that there might be a way, while respecting the basic rules of constitutionalism, to adapt them so they stick more to the cultural
realities of the societies they serve. An advantage of this approach would allow the formal right to be closer to ground realities. Pilot
projects could be undertaken in this direction.
Click here to read more »
Institute of Human Rights and Promoting Democracy: Democracy in Everyday Life
Meetings on constitutional practices and policies in Africa: the recent dynamic (Cotonou - Benin, Palais des congrès: 29,
30 September and 1 October 2005)
Workshop Report No. 1
Rating democratic state of law, constitutionalism and institutional development
1. Critical study of the new constitutionalism in the light of fifteen years of practice
It should first make an inventory of new African constitutionalism in light of the experiences of recent years. This inventory is
available in positive findings, but also less positive.
The positive findings
An inventory satisfactory. In the opinion of workshop participants, it seems clear that we have witnessed over the last fifteen years
a renewed vigor of constitutionalism in Africa. This is mainly reflected a desire now displayed liberal democracy, respect for the
separation of powers, the existence of cons-power within the state, protection of rights and freedoms, the consecration of
Constitutional Justice and the existence of independent administrative authorities. The workshop participants noted that these
achievements have not generally been amendments to the constitutions in recent years. Indeed, the most significant changes have
instead focused on presidential terms, then it should be noted that no changes have focused on elements untouchable constitutions.
In short, to quote the comments of one participant, "constitutions are not so bad as this and are perfectible, but useful."
Original experiments. Among the positives about the African constitutionalism, we note that they sometimes reflect the unique and
positive experiences, such as the establishment of truth commissions and reconciliation in different countries.
Internationalization. African constitutions are also subject, probably because of the similarity of problems, an increasingly
international phenomenon which, in turn, allows opportunities for regionalization of solutions. African constitutions do not escape
to a movement of rapprochement with the international normativity, devoting their place in regional and international movement.
The less positive findings
It remains that beyond a general satisfaction, appear certain gaps, certain elements that deserve reflection and improvement.
Imprecise wording. Participants were first noted that some constitutional texts suffer from drafting often imprecise, then after
fifteen years of life, these texts reveal problems now identified.
Ditches and hyphenation. One of the most basic observations made by members of the workshop concerns the gap between the
constitutions and concerns of the populations they serve, the break between the legal state and the country is that real a high
percentage of populations are compared to their constitution, more or less in a state of cultural alienation.
Place of civil society. Several participants noted that civil society and its representatives, subject to appropriate arrangements could
perhaps be more present in the effective functioning of constitutionalism and the determination of its challenges, thereby better
placed in context of constitutionalism and the development a democratic culture felt better.
Possible solutions relating to the constitutional normativity
A first task would be to establish sufficient technical and would respect the constitutional standard itself.
The quality of the constitutional standard. A first possible solution is to propose that, in general, the grantor Africa pays special
attention to the quality of the constitutional standard, particularly in terms of precision and predictability.
The multiplicity normative. Inspired by the Anglo-Saxon, we could probably suggest some other design aspects of constitutional
normativity and away from its legal character, without him losing its binding force. Thus one could imagine that some rules,
particularly those targeting politicians, can migrate to a normative alternative, more proactive type of constitutional conventions of
Anglo-Saxon.
Greater use of supraconstitutionality. If the concept of supraconstitutionality is challenged in some legal circles, it remains that may
be useful to better establish some basis of African constitutions and extending beyond the traditional issues relating to the republican
form, at 'territorial integrity and the multiparty system. Such an approach could it not be used to cover certain issues, for example,
on presidential terms or human rights? Positive practices to this effect could be identified or developed.
Possible solutions for the democratic culture
In the view of participants, one of the most important projects to address the gaps identified above is the development of
democratic culture on constitutionalism. In this regard, we must remember that the Bamako Declaration put the development of
democratic culture in the heart of its concerns. During the workshop, participants identified a number of possible solutions for the
development of a democratic culture on a more internalized constitutionalism.
Educating the democratic culture and constitutionalism. In the view of participants, it is important that people be able to better
understand their constitutions in order, to influence their social representations while allowing them to better understand their role
and their rights. Programs to this effect could be supported by States and, if necessary, the African Union and the OIF.
Implement decentralization. Decentralization of powers is not yet a reality everywhere in Africa. However, effective decentralization
of powers to allow citizens more involved in local and regional development especially their democratic culture.
Work on the culture of democracy between elections. In the context where the participants in the workshop agreed that there
would be important that everyone understands that democracy and constitutionalism have a role to play beyond the few
appointments election, they wanted the actors, including civil society, are made aware of the operating rules of democracy and are
encouraged to attend. This is particularly important with respect to the culture of rights and freedoms should in particular be given
special attention and training at all levels of education.
Define constitutional norms better matched to local cultures. Traditional African cultures include some elements of democracy and
constitutionalism, which have often been more or less ignored in favor of a constitutional normativity. Some presentations showed
that there might be a way, while respecting the basic rules of constitutionalism, to adapt them so they stick more to the cultural
realities of the societies they serve. An advantage of this approach would allow the formal right to be closer to ground realities. Pilot
projects could be undertaken in this direction.
Click here to read more »
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| TRAFFICKING IN PERSONS) |
None reported.