EXECUTIVE SUMMARY
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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.
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