CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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197.
Access to justice is still a problem for the large majority of Beninese for
various reasons. The first is inadequate national coverage and a limited
number of courts that are saddled with too much work. With the paucity of
courts in the country, and pending the establishment of additional ones, a
person with a court case must travel about 200 kilometres to reach a Court of
First Instance and about 300 kilometres to reach an Appeal Court – a daunting
task for an already deprived population.
198.
The second issue is no doubt a cultural one, on account of the remoteness of
what is considered to be “justice for white people and the rich” by the rural
dwellers. They are less educated, are more often than not deprived of their
legal identity, and still remain rooted in their culture and traditional values.
Another concern for participants is the dual nature of Benin’s legal system,
which is both modern and traditional, although the courts are not ‘technically’
qualified to handle issues concerning witchcraft and the casting of spells. On
this score, participants rightly felt that it would be an issue of governance to
find ways and means of addressing the issue, as happened in Cameroon. They
refer to the need for a better internalisation of the traditional justice system
with all the solutions that it offers to citizens. From this particular standpoint,
the mediation role played by traditional chiefs could be better used in the short
and medium terms on condition that it is human-rights friendly.
199.
The third reason is the limited resources and institutional capacity of the
judicial system. In November 1996, the forum on the justice system in Benin
pinpointed this as an impediment to the effective delivery of justice and, as a
consequence, legal and judicial security for citizens. These obstacles include
complex procedures, bureaucracy, congestion in courtrooms, prohibitive costs,
a shortage of manpower, insufficient training for judges and support staff in
spite of all the efforts made in recent times, lack of staff motivation, outdated
equipment, dilapidated buildings, bribery and corruption.
200.
Moreover, although the law provides for legal aid, it is not effectively
enforced for those who need it. It is only when a person is committed to trial
that the state provides him/her with counsel. A 10-year and entirely funded
PIRSJ was eventually introduced, following a broad participatory process, to
find appropriate solutions to address the issue of equal access to an
independent and efficient justice system that guarantees the fundamental rights
of all citizens of Benin.
201.
Indeed, the issue of judicial reform remains a major challenge for the
consolidation of the rule of law and legal security of citizens and investors.
Unfortunately, in spite of the pervading and recurring discourse on the need
for an effective and secure justice that is accessible to all, the ongoing reform
is slow in yielding results. It is thus clear why 64.21% of the respondents
believe that justice in Benin is not accessible to citizens. A further 19.06% felt
that it was and 16.72% had no opinion.
202.
Is the low position occupied by the attorney-general and minister of justice on
the protocol list of members of the current government symptomatic of the
little importance given to the justice system? The same can be said of budget
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