CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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112.
With regard to child protection, Law 61-20 of 5 July 1961, on the
displacement of minors under 18 out of the territory, and Decree 73-37 of 17
April, on trafficking and the abduction of minors, were never enforced. A vote
on a new law, on the conditions of displacement of minors and punishment for
child trafficking in the Republic of Benin, was called for on 30 January 2006.
This text, just like others already ratified by Benin, must be enacted,
disseminated and enforced throughout the country.
113.
The effectiveness of the implementation of these instruments can be assessed
by the regularity with which the National Human Rights Consultative Council
submits reports on violations of human rights to the relevant UN bodies and to
the AU. This body is attached to the Ministry of Justice and replaces the Benin
Commission on Human Rights, which no longer exists as it was too
politicised. In this regard, it is important to stress the fact that the delay in the
submission of the National Human Rights Consultative Council reports is
worrying to say the least. The report on the implementation of the Optional
Protocol to the International Covenant on Civil and Political Rights, which
should have been submitted in 1993, was only submitted in 2004. The same
goes for the report on the implementation of CEDAW. It was due in
November 2005 but was never submitted. The report on the Convention on the
Rights of the Child, due in January 2002, suffered a similar fate.
iii.
Recommendations of the APR Panel
114.
The APR Panel recommends that:
Government should:
ratify all pending international instruments, including the African Union
Convention on Preventing and Combating Corruption;
issue the implementing decrees for all pending international legal
instruments, especially those on child protection and the promotion and
protection of women;
take all the necessary legislative and regulatory measures to ensure that
national laws are consistent with the international standards and codes that
Benin has ratified, and inform the public about these laws; and
ensure the timely submission of reports on the implementation of
international instruments to organs of the UN.
The National Assembly should accelerate the vote on the authorisations for the
ratification of instruments submitted to it, while remaining vigilant about
government’s commitments in terms of international agreements.
The National Human Rights Consultative Council and civil society
organisations should carry out informative campaigns about the instruments
ratified, and should conduct civic education to facilitate the implementation of
instruments that protect the rights of citizens.
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