EXECUTIVE SUMMARY __________________________________________________________________________ entrench a culture of democracy within the political system. Presidential elections were held in 1991, 1996, 2001 and 2006, and the democratic transition of the head of state (1991, 1996 and 2006) is to be welcomed as an example for others to follow. 3.5 Decentralisation and local governance appear to be a major challenge to democracy and political governance in Benin, given the expectations of the grass-roots population. The CRM noted the marked gap between the need for greater decentralisation that was articulated strongly by the parties, and limited human and material resources, as well as the communes’ legally recognised competencies to effect improved standards of living for the population. This matter is particularly important in light of the mandate given to decentralised authorities to encourage local development. 3.6 In the area of economic, social, cultural, civil and political rights, the CRM could observe the effectiveness of constitutional guarantees in respect of human rights and fundamental liberties. Civil and political rights enshrined in the most important international instruments are included in the constitution. The CRM was also gratified to note the effective freedom of worship and religious tolerance. In Benin, many different Christian denominations, Islam and traditional religions coexist peacefully with one another. Economic, social and cultural rights are also enshrined in the constitution: the right to education, health, work and the right to strike. The same is true of solidarity rights (so-called third-generation rights), i.e. the right to development, and to a healthy, satisfying and sustainable environment. The CRM, nonetheless, noted that this declaration remained one of form rather than substance and that it was incomplete. 3.7 Access to justice was also perceived by the CRM to be a major challenge to establishing democracy and social equality. Although Benin is a country that upholds the rule of law and in which every effort is made to promote and popularise fundamental rights, it is also true that these rights must be effectively protected by the institutions responsible for them. This is not always the case. Reforming the justice system and providing greater access to it remain critical tasks in consolidating the rule of law, legal security of citizens and investment. 3.8 Insofar as the constitutional provisions enshrining the separation of powers are concerned, the CRM noted the wealth of constitutional and legislative provisions on the separation and balance of powers of the republic. From a formal perspective, it was noted that each of these powers is dealt with under a separate chapter in the constitution, and that complementary provisions governing these powers are enshrined in organic laws. These laws are adopted by a different majority to that which is required for the adoption of ordinary laws. Also, the Constitutional Court automatically monitors these laws to ensure that they conform to the constitution. In other words, the principle of the separation of powers is well ensured by elaborate judicial mechanisms. Nevertheless, effective separation of powers and control mechanisms are not obvious given the institutional environment, and given that other structures have limited powers in relation to the Executive. 7

Select target paragraph3