CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE __________________________________________________________________________ 125. The CRM noted the existence of traditional mechanisms for managing and resolving the conflicts that are particularly rampant in the rural areas. The defiant attitude of most Beninese nationals toward the country’s justice system – which is fraught with delays, corruption and a high level of centralisation in the provision of modern services – compels most citizens to take their cases before traditional authorities, despite the shortcomings of the latter. Some of these shortcomings are:  The absence of a legal framework that sets out the role and status of traditional authorities in society, and which formalises the decisions taken by these traditional institutions; and  Traditional authorities’ ignorance about relevant provisions of the constitutional, legislative and regulatory framework and, more specifically, the provisions of the Civil Code and Penal Procedure Code. Some traditional chiefs have been taken to court for imposing sanctions that may have been allowed by custom but are considered to be cruel and degrading by the law. An example is tying and beating up persons found guilty of an offence. Box 3.1: Towards harmonious coexistence between traditional and modern governance One of the challenges facing Benin today is the need to create a modern system of governance based on observing the international legal instruments to which Benin subscribes, and on respect for the country’s own cultural and social values. This brings into sharp focus the issues of the place and role of customs and traditions in the building of a democratic system. Furthermore, there is the need to the pave way for harmonious relationships between traditional institutions of governance and modern republican institutions. The administrative organisation of Benin in the pre-colonial period was characterised by chieftaincies, which in turn were divided into nomadic and permanent chieftaincies. Kingdoms were born when some powerful chiefs were able to extend their territories. Traditionally, the king was regarded as a political figure, a family head, a religious leader and a judge all in one. The colonial period saw absolute power handed over to governors and area commandants. This stripped the chiefs and kings of their powers and delegated only menial functions to them. The post-independence era did not see any significant change in the status of traditional 8 chiefs. Indeed, many experts believe that, following the colonial era, chiefs lost their power and status – which should have been commensurate with their growing numbers – with the creation of new townships and villages, and that their status consequently diminished in the eyes of the people. Nevertheless, many observers believe that, in Benin, chiefs have a huge influence on the people, especially on rural dwellers. They influence the polls, are capable of resisting institutional attacks, and adapt to political and institutional change. It is against this backdrop that some hard thinking must be done to ensure that modern and traditional governance coexist peacefully and complement each other. The aim here is to create a legal framework to set out the role and position of traditional chiefs in a constitutional 8 Dagbénon Mathias Gogan, Sokêhoun Prisca Gogan. 69