CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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131.
Conflicts between farmers and herdsmen
The CRM noted the scale and recurrence of conflicts between farmers and
herdsmen in the rural areas, where nomads bring their cattle to graze. These
conflicts have, in many cases, led to deaths. This situation calls for the
introduction of a policy to create awareness of these conflicts and to prevent
and resolve them.
Conflicts in rural areas in general and land-related disputes in
particular
132.
A report by the International Federation for Human Rights (FIDH) notes that,
in rural areas, “most citizens resort to traditional courts to settle their cases
according to custom. These courts that were first developed in the rural areas
are beginning to gain ground countrywide. While they are seen as a relief for
the country’s congested courts, the decisions taken by those courts are often in
violation to human rights. These courts are presided over by village chiefs,
elders or retirees with no formal legal training. The decisions they take are
often contrary to the cases and jurisdiction of common law9”.
133.
The CRM observed that most of the disputes in rural areas are land related,
and stakeholders believe that over 60% of cases pending at the courts are land
related. The sluggish justice system has often been condemned, as have
corrupted judges who continually adjourn cases. Indeed, in many cases, an
ordinary citizen could request that the final decision on the ownership of a plot
of land or field be adjourned. This creates a state of judicial insecurity.
134.
The rural dwellers have been increasingly resorting to traditional authorities to
manage and settle their disputes. However, in most cases, the decisions taken
by the traditional justice system are referred to the country’s courts by
plaintiffs whose suits are dismissed by traditional courts. If this situation is not
regulated and controlled, it could degenerate and undermine local investment,
the climate needed for economic investment, development and social peace in
general.
135.
9
Faith-related conflicts
The CRM was satisfied with the establishment of the faith-based
consultation framework, some of whose objectives are:
to contribute significantly to the entrenchment of democracy in Benin;
to work towards good governance, poverty reduction, underdevelopment
and corruption as part of the national policy on change; and
to foster the peaceful coexistence of all religious denominations in Benin
in order to promote peace and understanding.
FIDH. July 2004. La justice au Bénin : corruption et arbitraire.
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