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Title: Benin Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
BENIN
The Republic of Benin is a constitutional democracy headed by President
Nicephore Soglo. The Government respects the constitutional provisions
for an independent judiciary in practice, including the Constitutional
Court's ruling upholding the National Assembly's establishment of a new
autonomous National Electoral Commission (CENA). Elections held in
March for the National Assembly were generally free and fair and open to
international observers. There were, however, a few instances of
government interference with opposition political campaigning, and the
Constitutional Court annulled the results in 2 of the 18 electoral
districts, resulting in a special round of elections in May for these 2
districts. There are 18 political parties represented in the new
National Assembly whose membership was increased from 64 to 83 by a new
electoral law. No party or grouping commands a majority of seats.
The civilian-controlled security forces consist of the armed forces
under the direction of the Minister of Defense and the police force
under the Minister of Interior. The two Ministers also share authority
over the gendarmerie, which exercises police functions in rural areas.
The military continued to play an apolitical role in government affairs,
but there were some concerns about morale within its ranks, its ethnic
imbalance, and the depth of its commitment to constitutional rule.
Benin is a poor country with an annual per capita Gross National Product
of approximately $400. The economy is largely characterized by
subsistence agriculture in rural areas and informal services in urban
areas. Approximately 70 percent of the population is engaged in
farming, fishing, forestry, and livestock raising. The leading exports
are cotton and crude oil from small-scale offshore oil production. The
Government continued implementing an austere economic policy to
privatize state-owned enterprises, eliminate price controls, increase
exports, and reduce fiscal expenditures. Its policy is aimed at setting
the foundation for a market economy and fostering growth in the private
sector. Foreign aid is an important source of national income.
The Government generally respected the human rights of its citizens as
provided for in the 1990 Constitution. The major human rights problems
continued to be the failure by police forces to curtail acts of
vigilantism and mob justice; serious administrative delays in processing
criminal cases with attendant denial of timely fair trials; harsh and
unhealthy prison conditions; societal discrimination and violence
against women, and some abuse of children.
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 killings.
However, a rising crime rate and a lack of police responsiveness led to
more reports of mob justice. There was an increase in citizen groups
killing or inflicting severe injuries on suspected criminals,
particularly thieves caught in the act. Although a number of these
incidents took place in urban areas, there were no indications that the
Government investigated or prosecuted anyone involved.
The government investigation into the killing of seven nomadic children
in the interior in 1994 is apparently closed and did not result in any
prosecutions.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits such practices, and there were no confirmed
reports that government forces employed them. The Government continued
to make payments to victims of torture under the previous military
regime which ruled from 1972 to 1989.
Prison conditions continue to be harsh. Extensive overcrowding and lack
of proper sanitation and medical facilities pose a risk to prisoner's
health. The prison diet is grossly inadequate, and malnutrition and
disease are common among prisoners. Prisoners are allowed to meet with
visitors.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest, detention, or exile, and
the Government generally observes this prohibition. The Constitution
prohibits detention of persons for more than 48 hours without a hearing
before a magistrate, whose order is required for continued detention.
However, there were credible reports that authorities exceed this 48-
hour limit in many cases, sometimes by as long as a week, using 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. There were no reports of incommunicado detention.
Approximately 75 percent of prisoners are pretrial detainees. Arbitrary
arrest is not routine but does occur occasionally.
The Constitution prohibits forced exile of its citizens, and many who
went into exile under previous governments have returned.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary and the right to
a fair public trial, and the Government generally respects these
provisions in practice. Judges are answerable only to the law in
carrying out their duties. However, the executive has important powers
in respect of the judiciary. The President appoints career magistrates
as judges in civil courts, and the Constitution gives the Ministry of
Justice administrative authority over judges, including the power to
transfer them.
A civilian court system operates on the national and provincial levels.
Military disciplinary councils deal with minor offenses by military
members. The Supreme Court is the court of last resort in all
administrative and judicial matters. The Constitutional Court is
charged with passing on the constitutionality of laws and decides
disputes between the President and the National Assembly. Its rulings
against both the executive and legislative branches of government
indicated its independence from these two branches of government. The
Constitution also provides for a High Court of Justice to convene in the
event of crimes committed by the President or government ministers
against the State.
The legal system is based on French civil law and local customary law.
A defendant enjoys the presumption of innocence and has the right to be
present at trial, to have an attorney--at public expense if necessary--
to confront or question witnesses, and to have access to government-held
evidence.
Despite constitutional safeguards, defendants do not always receive
timely trial. Inadequate facilities and overcrowded dockets result in
slow administration of justice. The relatively low salaries of
magistrates and clerks have a demoralizing effect on their commitment to
efficient and timely justice and make them susceptible to corruption.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits such practices, and government authorities
generally respect these prohibitions.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of the press, and
the Government respects these rights in practice. An independent and
active private press, an effective judiciary, and a functioning
democratic political system combine to ensure freedom of speech and of
the press, including academic freedom. Nevertheless, the Government
continued to own and operate the local radio and television stations and
a daily newspaper, the media most influential in reaching the public.
There is no government censorship of the media, books, or art. The High
Authority for Audio-Visual and Communications (HAAC), a new
constitutionally mandated body, requires broadcasters to submit weekly
lists of planned programs and requires publishers to deposit copies of
all publications with them. The HAAC solicited bids from private
operators to develop private radio stations but at year's end had not
approved any licenses. Journalists criticized the HAAC's published
criteria for awarding licenses.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the rights of peaceful assembly and
association, and the Government generally respected these rights in
practice. The Government requires permits for use of public places for
demonstrations and requires associations to register. Although it
routinely grants both permits and registrations, the Government in some
instances interfered with activities of political candidates during the
campaign for legislative elections. For example, the Government seized
the vehicles of an opposition party during the campaign period. It also
broke up a political rally held by another opposition figure. The
Constitutional Court has consistently and effectively ruled against
government interference with the freedom of assembly and association.
The Government did not take any actions against nonregistered
organizations for failure or refusal to register.
c. Freedom of Religion.
The Constitution provides for freedom of religion, and the Government
respects this right in practice.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for these rights, and the Government respects
them in practice. The presence of police, gendarmerie, and illegal
roadblocks, however, impedes domestic movement. Though ostensibly meant
to enforce automotive safety and customs regulations, many of these
checkpoints serve as a means for officials to exact bribes from
travelers.
The Government announced a more restrictive policy toward transhumance
and attempted to enforce it against nomadic herders at more strictly
designated entry points. Previous policy allowed migratory Fulani
herdsman from other countries to enter freely. Friction between native
farmers and foreign herders occasionally leads to violence.
The Government cooperates with the United Nations High Commissioner for
Refugees and other humanitarian organizations in assisting refugees.
There were no reports of forced expulsion of those having a valid claim
to refugee status. At the end of 1995, there were less than 40,000
refugees in Benin, mainly from Togo, compared to about 60,000 at the
beginning of 1995.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Constitution provides citizens with the right peacefully to change
their government. Citizens exercised this right by secret ballot on the
basis of universal suffrage in free and fair elections in 1991 and
legislative elections in 1995. A new law, upheld by the Constitutional
Court in 1995, created an independent National Electoral Commission
(CENA) which effectively improved the fairness and transparency of the
voting process.
There were a few instances of government interference with these
political rights during the legislative campaign (see Section 2.b.), and
a lack of coordination between the Government and CENA resulted in
administrative deficiencies at some polling stations, e.g., some voting
stations ran out of ballots. The Constitutional Court proclaimed the
winners only after judging whether the irregularities were so widespread
as to warrant a new election. In two of the electoral districts,
including the Cotonou district, the Court annulled the results and
ordered new elections. This second round of elections was much more
orderly, and the Court proclaimed the results officially a few days
after the vote.
The Constitution provides for a 5-year term of office for the President
(who is limited to two terms) and 4-year terms for National Assembly
members (who may serve unlimited numbers of terms).
Thirty-one political parties fielded candidates for the legislative
elections, and 18 parties won seats. In a fluid political environment,
three major political groupings have formed in the National Assembly,
but none has a majority. Presidential elections are scheduled for 1996.
The National
Assembly has demonstrated its independence by passing laws, such as the
new election laws, which have been upheld by the Constitutional Court
against challenges by the President.
Women participate actively in the political parties but are
underrepresented in government positions. There are now 4 women (there
were previously 2 in 1994) in the 20-member Cabinet. There are 6 female
deputies in the 83-member National Assembly. The President of the
Constitutional Court is a woman, and the HAAC and the Economic and
Social Council each have one female member. The Government and National
Assembly appointed women to 7 of the 17 positions in the National
Electoral Commission.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigations of Alleged Violations
of Human Rights
A number of human rights groups operate without government restriction,
investigating and publishing their findings on human rights cases.
Government officials are generally cooperative and responsive to their
views.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution prohibits discrimination based on race, sex, and
religion, but societal discrimination against women continues.
Women
While no statistics are available, violence against women, including
wife beating, occurs. The press sometimes reports incidents of abuse of
women, but judges and police are reluctant to intervene in domestic
disputes, considering such abuse a family matter.
Although the Constitution provides for equality for women in the
political, economic, and social spheres, women experience 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. In urban areas, women dominate the trading sector in
the open-air markets. By law, women have equal inheritance and property
rights, but local custom in some areas prevents them from inheriting
real property. Women do not enjoy the same educational opportunities as
men, and female literacy is about 16 percent (male 32 percent).
There are active women's rights groups that have been effective in
drafting a family code which would improve the status of women under the
law. The Government approved the draft family
code, but the National Assembly had not passed it by year's end.
Children
The Ministry of Labor and Social Affairs is responsible for the
protection of children's rights, primarily in the areas of education and
health. In particular, the Government is trying to boost primary school
enrollment which is only about 66 percent. In some parts of the
country, girls receive no education at all.
There is no broad pattern of societal abuse against children, nor is
there child prostitution. There are some traditional practices that
inflict violence on children which the Government has been vigorous in
its efforts to end, including prosecuting offenders. These practices
include the killing of deformed babies (thought to be sorcerers in some
rural areas) and a tradition in which a groom abducts and rapes the
prospective (under 14 years of age) bride. Criminal courts mete out
stiff sentences to criminals convicted of crimes against children.
The Government has been less successful in combating female genital
mutilation (FGM), which is not illegal. FGM is widely condemned by
international health experts as damaging to both physical and
psychological health. In Benin it is practiced on females at a young
age as well as on teenage girls and women up to age 30. Studies suggest
that at least 4 percent of Beninese women are affected by this practice,
mostly in the northern provinces. Recent research by a nongovernmental
organization found that those who perform such operations, 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 FGM by making available locally produced posters
and pamphlets at government health clinics.
People With Disabilities
Although the Constitution mandates that the State "look after the
handicapped," the Government does not mandate accessibility for disabled
persons. It does operate a number of social centers for disabled
persons to assist their social integration. Nonetheless, many are
unable to find employment and must resort to begging to support
themselves.
National/Racial/Ethnic Minorities
Benin has a long history of regional rivalry. Although southerners
dominate the Government's senior ranks, northerners dominate the
military. The south has enjoyed more advanced
economic development, a larger population, and has traditionally held
favored status.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides workers with the freedom to organize, join
unions, meet, and strike, and the Government usually respects these
rights in practice. The labor force of about 2 million is primarily
engaged in subsistence agriculture and other primary sector activities,
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 are four union confederations, and unions are generally
independent of government and political parties. The Economic and
Social Council, a constitutionally mandated body installed in 1994,
includes four union representatives. In 1995 the Constitutional Court
overruled a 1994 government decision blocking the formation of a
national student union.
There were several instances in which labor unions threatened to go on
strike, and there were a number of orderly sit-ins (measured in hours),
but there were no strikes. There were no known instances of efforts by
the Government to retaliate against union activity. Laws prohibit
employer retaliation against strikers, and the Government enforces them
effectively.
Unions may freely form or join federations or confederations and
affiliate with international bodies.
b. The Right to Organize and Bargain Collectively
The Labor Code provides for collective bargaining, and workers freely
exercised these rights. Wages in the private sector are set in
negotiations between unions and employers. A tripartite group, composed
of unions, employers, and the Government, discussed and agreed to
revisions in the Labor Code, but the new code had not yet been enacted
into law by the end of the year. The Government sets wages in the
public sector by law and regulation.
The Labor Code prohibits employers from taking union membership or
activity into account regarding hiring, work distribution, professional
or vocational training, or dismissal. The Government levies substantial
penalties against employers who refuse to rehire workers dismissed for
lawful union activities.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Labor Code prohibits forced or compulsory labor, and such labor is
not practiced.
d. Minimum Age for Employment of Children
The Labor Code prohibits the employment or apprenticeship of children
under the age of 14 in any enterprise. However, the Ministry of Labor
enforces the Code in only a limited manner (and then only in the modern
sector), due to the lack of inspectors. Child labor continues on rural
family farms, on construction sites in urban areas, and as domestic
servants. Children also commonly work as street vendors.
e. Acceptable Conditions of Work
The Government administratively sets minimum wage scales for a number of
occupations. The minimum wage is approximately $40 per month (CFA20,300
), which is insufficient to cover the costs for food and housing of even
a single worker living in an urban area. Many workers must supplement
their wages by subsistence farming or informal sector trade. Most
workers in the wage sector, however, earn more than the minimum wage.
The Labor Code establishes a workweek of from 40 to 56 hours, depending
on the type of work, and provides for at least one 24-hour rest period
per week. The authorities generally enforce legal limits on workweeks.
The Labor Code establishes health and safety standards, but the Ministry
of Labor does not enforce them effectively. The Labor Code does not
provide workers with the right to remove themselves from dangerous work
situations without jeopardy to continued employment. The Ministry of
Labor has the authority to require employers to remedy dangerous work
conditions but does not do so effectively.
(###)
[end of document]
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