CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE __________________________________________________________________________ by the TRIs support the observations made by the CRM. Participants in the focus groups believe that “the failure to respect the economic and sociocultural rights of the citizens of Benin is the major consequence of bad governance, particularly during all three previous presidential terms. In these conditions, the respect for legal and constitutional rights is losing its value in the face of insecurity caused by the failure to ensure the provision of the basic needs of the population”. 192. Indeed, it is not enough for the people to have freedom of expression, the right to vote and other civil rights. They also need access to food, health care, education and accommodation: in short, the right to live. This is an “area where Benin has fallen short in terms of governance since the beginning of the democratic era”. Thus, it is imperative to address the issue, as a matter of priority, to ensure the right of all nationals to a minimum standard of living. 193. The issue of the right to education seems to be the most critical of the MDGs. The government seems to be conscious of this issue, as it has made preschool and primary education free for all (see Chapter Six). The right to education in the mother tongue seems to concern the government, as does the right to cultural identity. The securing of these rights is, however, beset with a host of constraints, and can only be envisaged in the long term as current priorities are the fights against illiteracy and poverty. 194. Access to justice, and guarantees in the respect of rights and freedoms. This issue seems to be of utmost concern, and the effectiveness of measures to promote and protect human rights depends on it. While Benin respects the rule of law, and efforts are actually made to promote and disseminate information on fundamental rights, the fact still remains that these rights must also be effectively protected by institutions that are charged with that responsibility. Respect for the law by the appropriate authorities is essential if fundamental rights are to be promoted effectively and if the justice system is to be seen to be credible. 195. From this standpoint, it is important to highlight actions taken by institutions such as the National Consultative Commission for Human Rights, the Benin Commission for Human Rights, the Supreme Court and the Constitutional Court to protect human rights. Even government is subject to the jurisdiction of the courts – and the courts, although their actions may sometimes be flawed, do not hesitate to pass sentence. 196. There are many examples of such actions. The most notable of these sentences are those passed by the Constitutional Court, though other competent authorities also pronounce judgments and cause arrests to be effected in order to protect the rights of citizens from violations by public institutions (central and local governments, the law makers, the Executive and even the head of state) and individual citizens. However, these laudable actions, aimed at consolidating the rule of law and the protection of human rights, are mainly performed by the elite who live in urban areas. 88