Country Report on Human Rights Practices for 1991
BENIN
In 1991 the Republic of Benin peacefully achieved the agenda
established at the 1990 National Reform Conference to transform
the country from a single-party, military-dominated regime to a
multiparty democracy. Thirteen presidential candidates
competed in the first round of presidential elections in
March. In the presidential run-off. Prime Minister Nicephore
Soglo, who had headed the transitional government, defeated
decisively President Mathieu Kerekou, Benin's ruler during its
17 years of Marxist-Leninist rule. Official observers from
several countries found the elections free and fair. Of the 24
political parties founded after the 1990 National Reform
Conference, 16 ran candidates in the February legislative
elections. No single party won a majority of the 64 seats, and
21 parties, either alone or in alliance, are represented in the
new National Assembly. Since its convening in July, the
National Assembly has asserted its constitutional role as a
check on the executive branch.
Benin's armed forces of approximately 8,000 personnel are under
the direction of a civilian Minister of Defense, while the
1,500-man police force is under the Minister of the Interior.
The once-dominant Beninese military continued to maintain a low
profile in 1991, but their commitment to democratic changes is
a general source of concern. The new Constitution provides for
members of the Beninese military, as well as civilian
officials, to disobey the orders of superiors if obedience
would result in a serious violation of human rights. The new
Government's goal is to keep the armed forces professional and
depoliticized, and Calpinet members are now all civilians.
Benin's underdeveloped economy is largely based on subsistence
agriculture, cotton production, regional trade, and small-scale
offshore oil production. In accordance with World Bank and
International Monetary Fund agreements, Benin has undertaken an
austerity program for the purpose, inter alia, of privatizing
many state-owned enterprises, reducing fiscal expenditures, and
deregulating trade. Benin achieved an unexpected 3-percent
growth rate in 1991. Nevertheless, it must still deal with a
bloated and inefficient bureaucracy, high debt-servicing
charges, and widespread unemployment, if development
expectations are to be met.
The human rights situation in Benin continued to improve
throughout 1991. The transitional government and the newly
elected Government respected the fundamental human rights
provided for in the Constitution of December 1990. The new
Constitution includes important safeguards prohibiting
arbitrary detention and making torture a criminal offense; no
political detainees or prisoners were held during the year.
Several well-known officials from the previous regime were
arrested on charges of corruption. The head of the
now-disbanded Presidential Guard was also arrested on charges
brought against him by a Guinean who was held without trial
from 1982 to 1989. At year's end, none of those arrested had
been tried.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings. However, there were isolated instances of violence
and at least one death in the northern region in connection
with the elections during a confrontation between supporters of
different candidates. In late 1991, the trial of those
arrested and charged with this violence was in process .
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The 1990 Constitution forbids torture and cruel, inhuman, or
degrading treatment. With public attention focused on past
incidents and on bringing to justice those who committed acts
of torture under the old regime, there were no reports of
torture in 1991. Citing the need for legally admissible
evidence, the Government has moved slowly in investigating
persons, primarily members of the military, widely believed to
have committed acts of torture. Moreover, for reasons that
appear to arise from individual considerations rather than from
fear of military reprisal, those tortured by the previous
regime, mainly from the Communist Party of Dahomey, have not
instituted legal cases. This makes it difficult to bring to
justice those accused of torture.
Prison conditions in Benin remained harsh and characterized by
extensive overcrowding and lack of sanitation and medical
facilities. The prison diet is grossly inadequate, and
malnutrition and disease are common among prisoners.
d. Arbitrary Arrest, Detention, or Exile
With the release of remaining political prisoners in 1990,
arbitrary arrest and detention ceased to be practiced by the
central Government. Procedural safeguards against arbitrary
arrest include a constitutional provision forbidding detention
of more than 48 hours without a hearing before a magistrate,
whose order is required for continued detention. There were no
reports that this provision was violated, nor were there
reports of incommunicado detention.
The 1990 Constitution contains a provision prohibiting the
Government from exiling any Beninese citizen, and exiles have
returned to Benin in large numbers since the change in
government and a presidential amnesty decree of 1990.
e. Denial of Fair Public Trial
Benin's legal system is based on French civil law and on local
customary law. A civilian court system operates on the
national and provincial levels. Military disciplinary councils
deal with minor offenses by military members but have no
jurisdiction over civilians. The judges in the civil courts
are career magistrates, appointed by the President. Judges are
administratively under the Ministry of Justice. However, under
the Constitution, officials are answerable only to the law in
the carrying out of their duties and may not be removed.
Serious crimes are first presented to a magistrate who conducts
an investigation and decides whether there is sufficient
evidence to warrant a trial. Defendants have the right to be
present at their trial and to be represented by an attorney, at
public expense, if necessary.
Under the new Constitution, the highest courts are the
Constitutional Court and the Supreme Court, the court of last
resort in all administrative and judicial matters. The role of
the Constitutional Court, which has yet to be actually formed,
is to pass on the constitutionality of Beninese laws, and thus
to act as the main judicial counterweight to the legislative
and executive branches of government. Until the Constitutional
Court is seated, its functions are assumed by the High Council
of the Republic, a transitional body created under the National
Reform Conference. The Constitutional Court has a mandate to
determine the constitutionality of laws which may violate
fundamental human rights. The Constitution also provides for a
High Court of Justice—which remained unformed in 1991—to
preside over cases of crimes committed against the nation by
the President or members of the Government. A number of
judicial codes, including the penal code, were under
consideration before the Law Committee of the National Assembly
at year's end. Interim legislation abrogated certain
unacceptable provisions, including those permitting "People's
judges .
"
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The Constitution provides for the inviolability of private
property and of the home. Police are required to obtain a
judicial warrant before entering a private home. No violations
of this requirement were reported in 1991. There were also no
reports of governmental interference with private
correspondence in 1991.
Section 2 Respect for Civil Liberties, Including
a. Freedom of Speech and Press
The Constitution provides for freedom of expression and of the
press and other media. These rights were respected in 1991.
Beninese freely discussed politics in public and private forums.
The Government continued to own and operate the most
influential media, the local radio and television stations and
one daily newspaper, but in contrast to the past, official
journalists extended their coverage of sensitive matters and
criticized the Government. When government officials
criticized the official media's coverage of politics in a
neighboring country, the journalists' union protested
vigorously, a fact in turn duly reported in the official
press. Some 20 independent private newspapers, representing a
variety of viewpoints, circulated in Benin in 1991. The press
and television aired widely diverging views on the
constitutional referendum and reported on all political
parties, including the Communist Party of Dahomey, which had
been banned under the previous regime.
There was no censorship of foreign books or artistic works.
Foreign periodicals were widely available on newsstands, and
much of the population listens to foreign broadcasts on
shortwave radio.
In general, academic freedom is enjoyed in schools and in the
sole university. University professors are permitted to
lecture freely in their subject areas, conduct research, draw
independent conclusions, and form unions.
b. Freedom of Peaceful Assembly and Association
The Constitution recognizes the rights of peaceful assembly and
association. These rights were respected in 1991. Multiple
political parties exist, as do numerous religious and cultural
organizations. Only political parties wishing to participate
in elections need register with the Government. In April
police dispersed and briefly detained some protesters who were
demonstrating against the decision of the then President
Mathieu Kerekou to run for reelection. The demonstrators had
declined to seek a permit before undertaking to parade in
central Cotonou. Once the detainees were brought before a
magistrate, charges were dropped.
c. Freedom of Religion
Christianity, Islam, and traditional religions coexist in
Benin, and adherence to a particular faith does not confer any
special status or benefit. Religious ceremonies and shrines of
all faiths are protected by law. There are no restrictions on
religious ceremonies, teachings, foreign clergy, or conversion
to any religion.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Domestic movement is unrestricted. The Government earlier
dismantled police and gendarmerie roadblocks within the country
to facilitate free movement, although a number of checkpoints
remained. Police checkpoints had reappeared by the end of the
year, however. Passports and exit permits needed for travel
outside of West African countries are not difficult to obtain.
Emigration is common. Beninese live and work in neighboring
countries without jeopardizing their citizenship.
Benin welcomes refugees and helps to integrate them into
Beninese society if they choose not to return to their country
of origin. Refugees who marry Beninese are entitled to
citizenship. Benin's longstanding refugee population from Chad
declined from 600 in 1990 to a few dozen in 1991, reflecting
continued voluntary repatriation. At the end of 1991, a
political crisis in Togo temporarily brought Togolese refugees
to Benin, an estimated 15,000 at its peak. The United Nations
Development Program has handled refugee matters in Benin since
the office of the United Nations High Commissioner for Refugees
closed in 1990. >
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.
During 17 years of authoritarian, single-party rule, the
Beninese were unable to change their government. The 1990
National Reform Conference and the subsequent transitional
government laid the groundwork for the creation of a multiparty
democracy in which citizens in 1991 peacefully changed their
government in accordance with the new Constitution of December
1990. Legislative and presidential elections were held in
February and March respectively. In the presidential
elections, 13 candidates participated; none achieved an
absolute majority. President Kerekou, who had brought
authoritarian rule to Benin, and then Prime Minister Soglo, who
had been appointed by the National Reform Conference, contested
a run-off election. Nicephore Soglo won by a two-to-one margin
in elections by secret ballot that foreign observers from the
United States, Canada, Cote D'lvoire, France, Germany, and
Nigeria found to be free and fair. However reluctantly,
outgoing President Mathieu Kerekou handed over the reins of
government to President Soglo. The Constitution provides for a
5-year term for the President, who is limited to two terms of
office, and for a 4-year term of office for National Assembly
members, who may serve an unlimited number of terms.
In the Assembly, 21 parties are represented, with President
Soglo 's alliance holding the most seats—only 12 out of the
total of 64.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Several Beninese nongovernmental organizations monitor human
rights, including the Human Rights Commission, the Study and
Research Group on Democracy and Economic and Social
Development, the Association of Christians Against Torture, and
the League for the Defense of Human Rights in Benin. In
contrast to the attitude of the former authoritarian
government, which considered outside investigations into human
rights unwarranted interference in Benin's internal affairs,
both the transition government and the newly elected Government
have welcomed international and nongovernmental scrutiny of
human rights in Benin.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status.
Such discrimination is prohibited in the Constitution and by
law, and there is no evidence of officially sanctioned
discrimination.
Benin has a long tradition of regional rivalry. This led to
violence during the elections when northerners, who supported
ex-President Kerekou 's candidacy, and southerners clashed.
These clashes were most severe in several northern cities and
led to at least one death. Approximately 6,000 southerners
fled the north temporarily as a result. Subsequent to
President Soglo 's election, southerners have reasserted their
traditional claim to power and relatively few northerners have
been appointed to senior governmental positions. Nor were any
northerners elected to leadership positions in the National
Assembly. The southern third of the country, which was favored
in the colonial period, has about two-thirds of Benin's
population and is itself divided among various ethnic and
religious groups.
The Constitution specifically states that women are by law the
equals of men in the political, economic, and social spheres.
The Government officially encourages opportunities for women,
and 2 of 20 cabinet ministers are women. Beninese women also
play a major role in the commercial sector. In rural areas,
however, they have traditionally occupied a subordinate role
and are responsible for much of the subsistence farm labor. In
particular, women have not enjoyed the same educational
opportunities as men. In some parts of the country, families
are reluctant to have their daughters educated at all.
While no studies are available, violence against women,
including wife beating, occurs, although it is prohibited by
law. Police and courts are reluctant to intervene in cases of
domestic violence, considering such affairs to be family
matters. Female circumcision exists, mostly in the northern
part of the country. It is both deeply rooted in the
traditions of certain Beninese cultures, and it is a source of
income for those who perform the procedure. Efforts of a small
Beninese nongovernmental committee to reduce the practice
through educational measures have thus far met with only
limited success. A conference sponsored by the U.N.
International Children's Emergency Fund and the Inter-African
Committee on Women's Health was held in mid-October to set up a
national committee to address the situation.
Section 6 Worker Rights
a. The Right of Association
The December 1990 Constitution gives workers the freedom to
organize, to meet, and to strike. In 1974 all preexisting
unions were absorbed into a single trade union center which for
17 years was the designated mass organization of a single-party
Marxist regime. This heretofore sole center, the National
Workers' Union of Benin (UNSTB) declared its independence from
the former ruling party in 1990 and claims 26 nationwide
affiliated unions in Benin. The Confederation of Autonomous
Unions, a separate group formed in February 1991, represents an
additional 23 unions, mostly in the public sector.
Approximately 75 percent of wage earners in the modern sector
belong to organized labor unions.
There were a number of strikes in 1991 conducted by labor
unions in the public sector (teachers, airport workers, civil
servants in the Ministries of Planning, Finance, Commerce,
Industry, Education, and Culture, and the Public Treasury).
For the most part, strikers were seeking back wages, in many
cases overdue for a number of years. The Government announced
in 1991 that it would no longer pay striking public employees
for time away from the job due to strikes.
Confederations and individual unions have the right to
affiliate with international labor movements. In 1990 the
UNSTB disaffiliated from the Communist-dominated World
Federation of Trade Unions.
b. The Right to Organize and Bargain Collectively
The Beninese Labor Code provides for collective bargaining.
The Code, which dates from 1967, is basically copied from the
French colonial labor code, but the Marxist regime ignored many
of its articles. Individual labor unions are authorized to
negotiate with employers on labor matters and represent
workers' grievances to both employers and to the Government,
with the Government often voluntarily acting as arbitrator.
The Labor Code prohibits employers from taking union membership
or activity into account when making decisions on hiring, work
distribution, professional or vocational training, or
dismissals. There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by the Labor Code and
is not practiced.
d. Minimum Age for Employment of Children
The Labor Code prohibits the employment or apprenticeship of
children under the age of 18 in any enterprise. However,
enforcement by inspectors from the Ministry of Labor is
limited, and child labor does occur, especially in rural areas,
where children below the age of 14 often work on family farms.
Some child labor occurs in urban areas, primarily in the
informal sector. For example, street vendors of newspapers,
smuggled petroleum products, and foodstuffs are frequently
under the age of 16.
e. Acceptable Conditions of Work
Benin's labor force of about 2 million is primarily engaged in
agriculture (80 percent), with less than 2 percent of the
population involved in the modern (wage) sector. Many also
engage in trade activities in the informal sector. For the
wage sector, the Labor Code establishes a workweek varying
between 40 hours (nonagricultural employees) and 56 hours
(security guards), depending on the type of work. The
Government administratively sets minimum wage scales for a
number of occupations. Most of those actually employed in the
wage sector earn a good deal more than the lowest minimum wage,
which was last set in 1984 and is sufficient only to provide
rudimentary food and housing for a family. It must be
supplemented by subsistence farming or small trade in the
informal sector if a family is to enjoy a decent living. The
Government supports policies designed to improve the conditions
of workers in both the agricultural and industrial sectors.
The Labor Code also establishes health and safety standards,
but enforcement by inspectors from the Ministry of Labor and
Social Affairs is limited.
