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TITLE: BENIN HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
BENIN
The Republic of Benin has a constitutional government headed by
President Nicephore Soglo, who was elected in free and fair
elections in 1991. There are a large number of political
parties represented in the National Assembly. A working
coalition of approximately 34 parties referred to as the
Presidential majority dissolved in late 1993, and no party or
grouping commands a majority of seats. There were tensions
between the executive and the legislature over the installation
of the new Constitutional Court which took place in June.
The security forces are under civilian control: the 4,000
personnel of the armed forces are under the direction of the
Minister of Defense, while the 1,500-person police force comes
under the Minister of the Interior. The 2,500-strong
gendarmerie reports to both the Minister of Defense and the
Minister of the Interior; it fills police functions in rural
areas. The questionable commitment of the military
establishment to democratic change remains a cause of concern,
especially as voluntary departures have left the officer ranks
ethnically unbalanced in favor of the otherwise underprivileged
north. The Government has implemented a voluntary departure
program to reduce the size of the armed forces and seeks to
keep the armed forces professional and depoliticized.
The underdeveloped economy is based largely on subsistence
agriculture, cotton production, regional trade, and small-scale
offshore oil production. In accordance with World Bank and
International Monetary Fund agreements, the Government is
pursuing an austerity program for the purpose, among others, of
privatizing state-owned enterprises, reducing fiscal
expenditures, and deregulating trade. Benin suffers from a
bloated and inefficient bureaucracy, high debt-servicing costs,
and widespread unemployment.
The human rights situation continued to improve. Positive
developments included the establishment of the Constitutional
Court as a potentially important judicial counterweight to the
executive and legislative branches. The Government continued
to respect the fundamental rights provided for in the 1990
Constitution, and, in a conciliatory move, President Soglo
commuted the sentences of those persons, all northerners,
convicted and still imprisoned for involvement in electoral
violence in 1991. There were no reports of political prisoners
or detainees. However, the Government continued to detain
without trial a number of persons charged with torture under
the old regime and did not address the serious administrative
delays in processing criminal cases, resulting in the denial of
timely fair trial.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killing.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture and cruel, inhuman, and
degrading treatment. There were no reports of torture.
A rising crime rate and a lack of police responsiveness to
reports of crime sometimes led mobs to take justice into their
own hands, resulting in severe injuries to suspected criminals,
particularly thieves caught in the act. While a number of such
incidents took place in urban areas, there were no reported
cases of such vigilantism being prosecuted.
Prison conditions remained harsh and characterized by extensive
overcrowding as well as lack of proper sanitation and medical
facilities. The prison diet is grossly inadequate, and
malnutrition and disease are common among prisoners.
d. Arbitrary Arrest, Detention, or Exile
Since 1990 arbitrary arrest and detention has ceased to be
routinely practiced by the Government. Procedural safeguards
against arbitrary arrest include a constitutional provision
forbidding detention of more than 48 hours without a hearing by
a magistrate, whose order is required for continued detention.
However, there were credible reports that this 48-hour limit
was exceeded in many cases, mainly due to the accepted practice
of holding a person without specified time limit "at the
disposition of" the public prosecutor's office before
presenting the case to a magistrate. According to a local
human rights group, when such cases come to its attention and
it lodges a protest, such detained individuals are promptly
released, but there are cases in which persons have been held
in this manner for periods of up to a year or more. There were
no reports of incommunicado detention.
There were no reports of political detainees held by the
Government at year's end. However, the Government continued to
hold the former head of Benin intelligence, who allegedly
carried out acts of torture under the old regime, and a deputy
in detention pending trial at year's end. The pair are being
held on charges of torture, one since late 1991, the other
since late 1992. The delay has been due to the complexity of
the case, the large number of victims involved, and the
reluctance of many victims to give evidence out of fear of
retaliation.
The Government has also held a group of military officers
involved in a May 1992 coup attempt in detention for over a
year. International human rights groups expressed concern to
the Government about the officers' extended detention without
charge or trial. A number of the accused officers escaped from
prison in March, but the remaining officers are expected to be
brought to trial in early 1994.
The Constitution contains a provision prohibiting the
Government from exiling any citizen, and many exiles have
returned to Benin since the change in government and a 1990
Presidential amnesty.
e. Denial of Fair Public Trial
The legal system is based on French civil law and on local
customary law. A civilian court system operates on the
national and provincial levels. Military disciplinary councils
deal with minor offenses by military members but have no
jurisdiction over civilians. Judges in civil courts are career
magistrates, appointed by the President, and administratively
they come under the Ministry of Justice. However, under the
Constitution, officials are answerable only to the law in
carrying out their duties and may not be transferred.
Serious crimes are first presented to an investigating
magistrate who decides whether there is sufficient evidence to
warrant trial. A defendant has the right to be present at his
or her trial and to be represented by an attorney, at public
expense, if necessary. In practice, indigent clients are
provided with court-appointed counsel upon request.
Under the Constitution, the highest courts are the Supreme
Court, which is the court of last resort in all administrative
and judicial matters, and the new Constitutional Court, charged
with passing on the constitutionality of Beninese laws,
including those that may violate fundamental human rights. The
Constitutional Court was first seated in June. Whether it will
develop as the main judicial counterweight to the legislative
and executive branches of government remained to be seen, but
it was the subject of much political debate between the
Presidency and the National Assembly (see Section 3). The
Constitution also provides for a High Court of Justice to be
convened when necessary to preside over crimes against the
nation committed by the President or by ministers in the
Government.
There were no political or security trials, and there were no
reports of political prisoners being held at year's end. In a
conciliatory gesture, President Soglo commuted the sentences of
the last persons, all of them northerners, in prison for acts
of violence in connection with the 1991 elections.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of private
property and the home and for the privacy of personal
correspondence and communications. Police are required to
obtain a judicial warrant before entering a private home, a
requirement observed in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression and of the
press and other media, and these rights were generally
respected. Beninese freely discussed politics, both in public
and private forums, including in the National Assembly. A
large and active private press was represented through more
than 15 private newspapers, mostly weeklies and monthlies.
The Government continued to own and operate the media most
influential in reaching the public, the local radio and
television stations, and the one daily newspaper. However,
official journalists continued to cover sensitive matters and
to criticize the Government, including perceived indiscretions
on the part of the President's spouse, as well as strong
criticism of the President's delay in the seating of the
Constitutional Court.
Benin experienced a large number of libel cases brought against
journalists in 1993. In one notable case, brought by President
Soglo, a journalist who had been convicted in open court in a
criminal libel case, which observers described as fair, failed
to appear at his sentencing hearing or appeal his conviction.
His failure to appear led to his receiving the maximum
sentence, 1 year's imprisonment. Several months later, he was
apprehended and sent to prison to serve his sentence. There
were complaints that the journalist went to prison subsequent
to (and because of) the publication of another article critical
of the President, a claim the President denied. Most
journalists deny the incident had any chilling effect on their
reporting, other than to make them careful to check the
accuracy of their reports.
There was no censorship of foreign books or artistic works.
Foreign periodicals were widely available on newsstands, and
much of the population has ready access to foreign broadcasts
on short wave radio.
In general, academic freedom is enjoyed in schools and in the
sole university. University professors are permitted to
lecture freely in their subject areas, conduct research, and
draw independent conclusions.
b. Freedom of Peaceful Assembly and Association
The Constitution recognizes the rights of peaceful assembly and
association. These rights were generally respected. Permits
are required for use of public places for demonstrations, and
associations are required to register. Both permits and
registrations are routinely granted, as in the case of the
long-clandestine Communist Party of Benin, which registered as
a political party for the first time.
Multiple political parties as well as numerous religious and
cultural associations exist. The Government did not take any
actions against nonregistered organizations for failure or
refusal to register.
c. Freedom of Religion
Christianity, Islam, and traditional religions coexist in Benin
with occasional friction. Adherence to a particular faith does
not confer special status or benefit. Religious ceremonies and
shrines of all faiths are protected by law. There are no
restrictions on religious ceremonies, teachings, foreign
clergy, or conversion to any religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Domestic movement is impeded somewhat by the presence of
police, gendarmerie, and customs roadblocks. Ostensibly
present for the purpose of enforcing automotive safety and
customs regulations, many of these checkpoints serve as a means
for officials to exact bribes from travelers. Travel outside
of Benin is not restricted for political reasons; those who
travel abroad may return without hindrance.
Benin respects the right of first asylum and welcomes refugees,
notably 150,000 refugees from Togo in 1993. The majority of
these refugees were accommodated by family and friends in
Benin. Refugees who marry Beninese may apply for citizenship;
other refugees are permitted to remain indefinitely but do not
have the option of naturalization, though the Government helps
integrate them into Beninese society if they chose to remain.
There were no reports of involuntary repatriation during 1993.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have this right, and the Government continued the
process of creating and consolidating its democratic
institutions, notably in the installation of the Constitutional
Court, an event which finally took place in June.
The conflict between President Soglo and the National Assembly
over the seating of the Constitutional Court centered on the
qualifications of the designated members, the infrastructure of
the Court, and the timing of the installation ceremony.
The President and an informal coalition of parties commanded a
majority in the National Assembly for much of 1993 and used it
effectively to gain passage of the controversial 1993 budget.
The Constitution provides for a 5-year term of office for the
President (who is limited to 2 terms) and a 4-year term for
National Assembly members (who may serve an unlimited number of
terms).
Women are poorly represented in the political process. There
are 2 women in the 19-member Cabinet and only 4 female deputies
in the 64-member National Assembly.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Several nongovernmental organizations monitor human rights;
they include the Human Rights Commission, the Study and
Research Group on Democracy and Economic and Social
Development, the Association of Christians Against Torture, and
the League for the Defense of Human Rights in Benin. The
groups' activities in 1993 included drawing attention to poor
prison conditions, calling upon the President to stop delaying
installation of the Constitutional Court, drawing attention to
corruption, and emphasizing the unacceptability of procedural
delays in the court system.
In contrast to the attitude of the former authoritarian regime,
which considered outside investigation into human rights
unwarranted interference in internal affairs, the current
Government has welcomed nongovernmental and international
scrutiny of human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Discrimination based on the these factors is prohibited in the
Constitution and by law, and in practice the Government
generally respected these prohibitions.
Women
The Constitution specifically states that women are the equal
of men in the political, economic, and social spheres, but they
face extensive societal discrimination, especially in rural
areas, where they occupy a subordinate role and are responsible
for much of the hard labor on subsistence farms. Women in all
parts of the country are the equals of men in inheritance and
property rights in the courts, though local custom in some
areas does not permit women to inherit real property. As a
consequence, women increasingly approached the courts to
resolve inheritance and property issues. Women do not enjoy
the same educational opportunities as men, and in some parts of
the country, families are reluctant to have their daughters
educated at all. Overall, the literacy rate for women is only
16 percent compared to 32 percent for men.
While no statistics are available, violence against women,
including wife beating, occurs, although it is prohibited by
law. Incidents are sometimes reported in the private press
and, when they are brought to the attention of judicial or
police authorities, they are treated as criminal cases.
However, some judges and police are reluctant to intervene
seriously, considering such affairs to be family matters.
Among women's groups, the Association of Women Jurists has
taken an active role in educating women about their legal
rights.
Children
The Government recognizes its responsibilities for the
protection and welfare of children as outlined in both the
Constitution and the African Charter of Human Rights and
People's Rights, to which Benin subscribes. The Ministry of
Labor and Social Affairs is charged generally with the
protection of children's rights. The Government's commitment
to children has been particularly focused on the education and
health sectors, and especially its constitutional obligation to
provide universal education for children. Education and public
health remain priority sectors even in the face of a difficult
economic austerity program. Most notable are the advances in
primary education and the highly successful vaccination program
conducted throughout the country.
Some infants born with deformities are deemed to be sorcerers
and reportedly killed at birth in some rural areas. The
Government deals with such matters as criminal offenses and
regularly prosecutes offenders. There were also credible
reports that a number of children were sent, often by their
families and for a fee, through unscrupulous traders to work as
domestic servants and farm laborers in other countries in the
region, often in deplorable conditions (see also Section 6).
Female genital mutilation (circumcision), which is condemned by
international health experts as damaging to physical and mental
health, is practiced on females at a young age. Conventional
wisdom had been that the practice existed primarily in the
north, but it has become evident that the practice is more
widespread in the south than formerly believed, although
statistical evidence is not available. Infibulation does not
appear to be widely practiced, if at all, in Benin. Recent
research by a small Beninese nongovernmental organization found
that those who perform such circumcisions, themselves often
elderly women, have a strong profit motive in the continued
practice. The Government has cooperated with an inter-African
committee working against the practice of female genital
mutilation by allowing locally produced posters and pamphlets
about the practice to be made available at government health
clinics.
National/Ethnic/Racial Minorities
Benin has a long history of regional rivalry. This led to
violence during the 1991 elections, when northerners supporting
ex-President Kerekou's candidacy clashed with southerners and
at least one death ensued. In a move to reduce regional
tensions, President Soglo commuted the sentences of the last
persons serving prison sentences for acts of violence at that
time, all of them northerners. However, relatively few
northerners have been appointed to senior governmental
positions and this, as well as the general lack of economic
development in the north, leads to regional dissatisfaction
with the Government. The southern third of the country, which
was favored during the colonial period, has about two-thirds of
the population and is itself divided among various ethnic and
religious groups.
Religious Minorities
No one religion can accurately claim a majority of the
population as its followers. Christians and followers of the
Vodun traditional religion are concentrated in the south, and
Muslims and followers of other traditional religions are
concentrated in the north.
Government action in the face of interfaith conflicts was the
subject of criticism from nearly all religious groups in 1993.
Action to quell tensions between Muslims and followers of
traditional religion in Porto-Novo in April was tardy, and two
people died in rioting before the Government intervened. In
the same month, in response to protests from followers of
traditional religions about disrespect to their practices,
government officials in Atlantique province told Christians not
to work their fields on traditional market days, causing the
Christians to make countercharges of religious discrimination.
In a case in which two opposing groups from a small Christian
sect repeatedly brawled in the streets, the Minister of the
Interior suspended the registration, and thus the legal
existence, of the church for several months, only restoring
registration upon receiving assurances the violence would cease.
People with Disabilities
The Constitution contains a clause mandating that the State
"look after the handicapped." However, there are no
legislatively or otherwise mandated provisions of accessibility
for disabled persons. The Government runs a number of social
centers for disabled persons and conducts seminars, including
one in 1993 attended by government officials and members of
associations of persons with disabilities, to encourage the
handicapped to become better organized and to recommend methods
for improved social integration. Nonetheless, disabled persons
are subject to societal discrimination. For example, they are
sometimes popularly believed to be cursed and are treated as
outcasts and forced into beggary.
Section 6 Worker Rights
a. The Right of Association
The December 1990 Constitution gives workers the freedom to
organize, join unions, meet, and strike, and those rights are
respected in practice. Benin's labor force of about 2 million
is primarily engaged in subsistence agriculture (80 percent),
with less than 2 percent of the population engaged in the
modern (wage) sector. Approximately 75 percent of the wage
earners belong to labor unions. There were efforts to organize
certain workers in the informal sector, notably motorcycle taxi
drivers and automotive mechanics.
In 1974 all preexisting unions were absorbed into a single
trade union confederation, the National Workers' Union of Benin
(UNSTB), which for 17 years was the designated mass
organization of a single-party Marxist regime. The UNSTB
declared its independence from the former ruling party in 1990
and now claims 26 nationwide affiliated unions. It represents
workers at the International Labor Organization (ILO). The
Confederation of Autonomous Unions (CSA), a separate and larger
confederation formed in 1991, represents an additional 26
unions, mostly in the public sector. In February the National
Association of Public Administration Trade Unions (FENSAP),
organized in 1992, changed its name to the General
Confederation of Workers of Benin (CGTB). A fourth
confederation, the Union Center of Workers of Benin (CSTB),
formed in late 1993.
There were a number of labor actions, including strikes of
railway workers, airline workers, and civil servants. The
Government took no action to impede any of these strikes or
other labor union demonstrations. The right to strike was
respected, even when it proved highly disruptive as in airport
workers' and railroad workers' strikes. There were no known
efforts to retaliate against strikers.
Confederations and individual unions have the right to
affiliate with international labor movements. The Government
designated the head of the CSA to represent the workers at the
International Labor Organization conference in Geneva, with the
head of UNSTB serving as adviser. In 1990 the UNSTB
disaffiliated from the formerly Soviet-controlled World
Federation of Trade Unions, and in 1992 it affiliated with the
International Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively
The Labor Code provides for collective bargaining, which took
place on such issues as assistance to laid-off workers. The
Code is basically copied from the French colonial Labor Code.
Revisions to the Labor Code were under consideration by the
National Assembly in late 1993. Individual labor unions are
authorized to negotiate with employers on labor matters and
represent workers' grievances to both employers and the
Government, with the latter often acting voluntarily as
arbitrator. Wages in the public sector are set by law and
regulation via a schedule that is periodically reviewed. The
schedule has not been changed since 1984 due to the economic
collapse of the previous government and the subsequent
austerity program required by international financial
institutions. Private sector wages in one of the larger
industrial enterprises, i.e., a brewery, were set by the
employer in 1992 after informal consultations with labor unions
and the Government.
The Labor Code prohibits employers from taking union membership
or activity into account when making decisions on hiring, work
distribution, professional or vocational training, or
dismissal. The Labor Code sets out extensive procedural
mechanisms to enforce all of its provisions including the use
of inspectors from the Ministry of Labor and labor tribunals
with rights of appeal into the regular court system.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by the Labor Code and
is not practiced.
d. Minimum Age for Employment of Children
The Labor Code prohibits the employment or apprenticeship of
children under the age of 18 in any enterprise. However,
enforcement by inspectors from the Ministry of Labor is
limited, and child labor does occur, particularly in rural
areas, where children under the age of 14 often work on family
farms. Some child labor occurs in urban areas, primarily in
the informal sector. For example, street vendors of newspapers
and foodstuffs are frequently under the age of 16.
e. Acceptable Conditions of Work
The Government administratively sets minimum wage scales for a
number of occupations. Most of those actually employed in the
wage sector earn much more than the lowest minimum wage, which
was last set in 1984 and is sufficient only to provide
rudimentary food and housing for a family. It must be
supplemented by subsistence farming or small trade in the
informal sector if a worker and his family are to enjoy a
decent living. The lowest minimum wage rate was approximately
$49 per month (CFA Francs 13,500).
For the wage sector, the Labor Code establishes a workweek
varying between 40 hours (nonagricultural employees) and 56
hours (security guards), depending on the type of work. The
law provides for at least one 24-hour rest period per week.
The Government supports policies designed to improve the
conditions of workers in both the agricultural and industrial
sectors. The Labor Code establishes health and safety
standards, but enforcement by inspectors from the Ministry of
Labor is weak. The Labor Code is silent on whether workers
have the right to remove themselves from dangerous work
situations without jeopardy to continued employment. However,
there are extensive provisions concerning the right of the
Ministry of Labor to take note of dangerous work conditions and
require employers to remedy them. (###)
[end of document]
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