CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE __________________________________________________________________________ allocated to the judiciary. It is therefore imperative to hasten the reform process to ensure better access to justice and guarantees for the effective protection of fundamental rights. Good practice 3.4: The Constitutional Court of Benin, efficiency in the service of democracy, the rule of law and fundamental liberties In an institutional environment that is strongly marked by corruption and greed, the Constitutional Court of Benin is the guarantor of the rule of law and the protector of fundamental rights and public freedoms. Established by Articles 114-124 of the 11 December 1999 constitution, the Constitutional Court has, since its inception, been used to consolidate democracy and the rule of law – principles whose foundations were laid during the transition to democracy in the 1990s. The Constitutional Court derives its authority from the constitution and is the backbone of the rule of law and of constitutional democracy in Benin. It enforces rigorous compliance with the provisions of the constitution by always interpreting the law in such a way as to give priority to the constitution, the separation of powers, and protecting the rights and freedoms of citizens. An example of this was the Constitutional Court’s objection to extending the term of office for parliamentarians from four to five years. Its explanation was that any bill seeking to amend that provision in the constitution would be contrary to the resolutions of the February 1990 National Sovereign Conference which, in the court’s opinion, are above the constitution and therefore binding ipso facto on all public authorities. The court also ordered the postponement of the inauguration of the president-elect of the republic in 1996 because the relevant constitutional provisions had been infringed. Furthermore, the president was made to comply with the decision of the Judicial Service Commission (JSC) on the appointment of judges, making it clear to him that any decision to the contrary would constitute a violation of the constitution (decision no. 2002-012 of 19 February 2002). The court’s decisions are enforceable and binding on all authorities – be they political, administrative, military or judicial – and this gives rise to occasional protests. The court nevertheless plays a vital role in regulating the institutional and judicial life of Benin, and deserves to be commended. iii. Recommendations of the APR Panel 203. In order to promote the exercise and enjoyment of all human rights, the APR Panel made the following recommendations: 1. Provide better control of the press and promote press freedom through the following actions: 90  Negotiate an industry-wide agreement for journalists from both the public and private media (journalists, media chiefs and government).  Draw up and codify statutes for journalists using the participatory approach (journalists, media chiefs and government).