CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE __________________________________________________________________________ are serious constraints that need to be addressed through sound and participatory leadership that extols the respect for the rule of law and freedoms. 167. Decentralisation. The grass-roots population expects to see an improvement in their lives. Therefore, decentralisation and local governance appear to be the major challenges for democracy and political governance in Benin. Chapter X (Articles 150-153) of the constitution of 11 December 1990 lays down the foundations for decentralisation. However, these articles only became effective after February 2003 and the first local elections. At least six laws, 26 decrees and five inter-ministerial orders govern the various aspects of decentralisation in Benin. This high number of legislative and regulatory texts has contributed to mystifying an already complex issue. They have made ownership of decentralisation difficult for all stakeholders (the central government, deconcentrated and decentralised authorities, elected local councillors at all levels and the grass-roots population). This problem was not adequately highlighted by the CSAR. 168. While it may seem premature to take stock of the decentralisation process in Benin, a few observations can still be made on the basis of existing documents, relevant legal texts and information gathered on the ground. 169. There is the need for increased decentralisation to ensure greater participation by the grass-roots population. There should be greater focus on cultural specifics, and the management of Benin’s socio-cultural diversity needs to be improved. However, the constitutional and legislative foundations laid for decentralisation do not seem to be solid enough. Indeed, the constitution does not make the autonomy of the decentralised communities sufficiently explicit, while it only provides for the principle of free administration, national solidarity and interregional balance. Moreover, the fact that decentralisation should be geared toward local development and meeting the needs of the people is not clearly stated. 170. It is important to highlight the lack of clarity in the definition of local affairs. There is still much ambiguity about the state relinquishing its powers to decentralised local governments. Besides, the central government is unwilling to relinquish its powers. A case in point is the refusal to transfer the Tantokpa market to Cotonou. Transfer of powers and resources is a major problem, and there seems to be total confusion on the ground about which services are the competence of the state and which are the competence of local authorities. 171. The human and material resources do not measure up to the legally recognised skills that the communes ought to have. The elected local councillors are often not well educated or well trained. The staff is aging, unqualified, politicised and inadequate. Material resources are insufficient in both quantity and in quality. Financial resources are inadequate, both in terms of net worth and transfers from the state. It has become critical to rethink the issue of finance for the communes and local taxation in order to make them viable and independent. These communes seem to have inherited the flaws and defects of the sub-prefectures they succeeded. 81