Country Report on Human Rights Practices for 1989
BENIN
The People's Republic of Benin is a single-party state headed
by President Mathieu Kerekou, who came to power in a military
coup in 1972. In 1974 President Kerekou declared Benin to be
a Marxist-Leninist state under the direction of a single
political party, the People's Revolutionary Party of Benin.
However, on December 7, 1989, the party's Central Committee,
the standing committee of the National Revolutionary Assembly,
and the National Executive Council (cabinet ministers plus the
six provincial governors), under the chairmanship of the
President, announced that Marxism-Leninism was no longer the
State's official ideology.
Benin's Armed Forces number approximately 4,000 personnel. In
addition to the regular army, there are small navy, air force,
and militia contingents. The army is the main internal
security force, backed by the paramilitary gendarmerie,
regular police units, the presidential guard, and the
Documentation and Information Service, the Government's
intelligence agency.
Benin's unCerdeveloped economy is largely based on subsistence
agriculture, cotton production, regional trade, and a low
level of offshore oil production. In June the Government
signed agreements with the World Bank and the International
Monetary Fund which included austerity reforms, e.g., reducing
the number of state enterprises, cutting wasteful fiscal
expenditures, deregulating trade, and encouraging privatesector
activity. Benin's small modern economy, however,
remained depressed in 1989 due to falling world prices for
local exports, relatively high debt service charges, and
widespread unemployment.
Human rights continued to be circumscribed in 1989. In the
face of social unrest and strikes by students, teachers, civil
servants, and even some military personnel over the
deteriorating economic situation and alleged corruption, the
Government cracked down hard on demonstrators in January,
February, and December 1989, killing one worker and two
youths, including a 12-year-old, and detaining a number of
persons. On August 29, 1989, the President granted a general
amnesty and clemency to 133 political detainees, to another 30
persons accused of coup-plotting, and to 29 persons in exile.
He also stressed the importance of human rights by: approving
a visit from an Amnesty International (AI) mission in April;
authorizing the establishment of a nongovernmental National
Commission on Human Rights; and personally visiting the
military Camp Guezo Detention Center in June to discuss with
security officials the problem of arbitrary detention. Major
human rights concerns included mistreatment of prisoners and
detainees, arbitrary detentions, restrictions on freedoms of
speech, press, assembly, and the right of citizens to change
their government.
RESPECT FOR HUMAN RIGHTS
Section I 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 in Benin in 1989, but the Government's use of lethal
force in countering public disturbances and strikes in 1989
led to the deaths by gunfire of at least one striking factory
worker at Save in January and two young demonstrators in
Cotonou in December.
b. Disappearance
There were no reports of disappearances in 1989.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The Beninese penal code requires that prisoners be treated
consistent with "prison discipline and security."
Mistreatment of prisoners and detainees occurs. Cases of
prison death from torture (primarily beatings), disease, or
poor prison conditions were reported by private sources and by
AI in its 1989 Report.
There were credible reports that two prisoners died after
having been tortured in 1989. Serge Gnimadi, a 21-year-old
member of the National Union of High School Teachers, was
arrested on January 23 for allegedly engaging in vandalism and
other activities threatening public order during strikes in
Porto Novo. He died in prison at the end of February; the
Government stated tetanus was the cause of death. Luc
Togbadja, a student arrested for transporting antigovernment
tracts on March 3, was detained at Cotonou's Camp Guezo until
May 6. He was then moved to the Petit Palais, a security
forces installation, and reportedly beaten to death there.
President Kerekou visited Camp Guezo shortly thereafter to
investigate allegations of human rights abuses, but at the end
of 1989 there had been no report or formal investigation, and
no disciplinary action had been taken against responsible
persons.
Prison conditions in Benin are very poor. Sanitation and
medical facilities are deficient, and the prison diet is
inadequate unless supplemented by food from friends or
relatives. Much public attention has centered on conditions
at two remote detention centers: the civil prison in Segbana,
where there had been protests in 1988, and Sero Kpera military
camp in Parakou. The amnesty in August reportedly eased
significantly the overcrowding in several prisons, including
Segbana, where members of the Dahomey Communist Party had been
detained.
d. Arbitrary Arrest, Detention, or Exile
While Benin's legal system requires judicial review of
detention, this is not always observed in political cases.
The Constitution states that no citizen may be arrested
without an arrest order authorized by an established judicial
body. However, there is no time limit with respect to
charging a defendant or bringing the accused to trial. In
practice, persons have been detained incommunicado, some for
extended periods, without charge and without recourse to legal
assistance or judicial hearing. Outside the judicial system,
the Government has used an administrative body, the Permanent
National Commission of Inquiry, to question political
detainees about their activities and to decide whether they
should remain in custody.
The President publicly addressed the question of arbitrary
arrest and detention in 1989. On June 20, he visited Camp
Guezo (Benin's military and security headquarters) to discuss
military personnel involvement in arbitrary arrests.
President Kerekou asked security officials for a complete
accounting of all prisoners being held at the camp and warned
against arbitrary detention. Kerekou then organized a June 22
working session with a number of security and judiciary
personnel and ordered them to settle quickly all proven cases
of arbitrary arrest. By year's end, this was accomplished.
There was no evidence of further investigation of, or actions
taken against, security officials.
At the beginning of 1989, over 200 Beninese were believed
detained in various prisons for political reasons. During the
January-February 1989 strikes, 68 persons were arrested for
vandalism or otherwise disturbing public order. On April 1,
40 detainees were released from Camp Sero Kpera in Parakou.
Among these was Dr. Afolabi Biaou, who had been arrested in
1985 and detained since then without charge. Both AI and the
American Association for the Advancement of Science had made
appeals in his case. An unknown number of persons were also
arrested during antigovernment demonstrations in early
December. Most are believed to have been released.
The August amnesty freed 133 political detainees, including
several whose cases had been noted by AI , the International
Human Rights Law Group, and the American Association for the
Advancement of Science. They included: Anselme Agbanoundo, a
geological engineer arrested in October 1985; Thomas Houedete,
an economist and professor at the University of Benin,
arrested in October 1985; Didier D'Almeida, arrested in
November 1984; Yako Toko Chabi, in detention since 1985; and
Jonas Gnimagnon, Chairman of the Committee of Wives and
Relatives of Prisoners of Conscience, arrested in May 1989.
The Government had reportedly suspected these persons of ties
to the banned Dahomey Communist Party.
The August amnesty also freed 30 persons suspected of coup
plotting in 1975 and 1977. At the end of 1989, as many as 20
others remained imprisoned for alleged involvement in more
recent conspiracies to overthrow the Government. One group,
allegedly involved in a March 1988 plot, is still awaiting
trial. A second group, implicated in a Libyan-backed plan to
overthrow President Kerekou, was tried and sentenced in
February 1989.
There was no use of forced exile in Benin as a means of
political control in 1989. The August amnesty also included
an invitation for 29 voluntary exilees to return to Benin,
although it is not confirmed that any had accepted the amnesty
by the end of the year.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Benin's legal system is based on French civil and customary
law. In recent years, a civilian court system organized on
provincial and national levels has operated, with the People's
Central Court as the highest regular court of appeal. In
September 1988, the Government held elections for civilians to
sit on local tribunals for the first time. Defendants have
both the right to be present at their trial and the right to
an attorney (at public expense, if needed).
In the past, the Government rarely brought security cases to
the trial stage. However, in 1988 a new law established the
State Security Court, and in 1989, as noted above, a number of
political opponents charged with involvement in a
Libyan-backed plot were tried before this Court in an open
trial and sentenced in February. Their testimony, including
segments critical of government policy, was broadcast on
public television.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Benin's Constitution provides for the inviolability of the
home and requires a warrant from a judge before the police can
enter a residence. In practice, authorities enter homes
without a warrant in suspected security cases. Reports
indicated that the security police also monitor telephones and
the mail of persons suspected of antigovernment activities.
Section 2 Respect For Civil Liberties, Including:
a. Freedom of Speech and Press
Public expression of political opinion is controlled, and open
criticism of the Government, as occurred during the 1989
strikes and disturbances, is not permitted. However, some
negative coverage of the Government and its policies appeared
in the independent press during 1989. Most Beninese appear
willing to discuss politics freely in private or in small
groups, even in the presence of foreigners.
The Government owns and operates the local radio and
television stations and one daily newspaper. The Beninese
media also includes three independent private newspapers (La
Gazette du Golfe, Tam-Tam Express, and La Recade) , as well as
La Croix, a weekly paper published by the Catholic Church, and
Echo, a monthly journal of opinion circulated throughout West
Africa. The official media generally carry those stories that
are approved by, or serve the interests of, the State.
Private newspapers treat controversial political issues with
circumspection, but many articles appeared in the private
press in 1989 mildly criticizing President Kerekou and the
party on various domestic political and economic issues.
There are limits to such criticism, however, as in March the
Government arrested and briefly held Parfait Agbele, a
journalist with the Gazette du Golfe, reportedly after he had
begun research for a story on Luc Togbadja's death. In
September the Government confiscated a number of copies of the
Gazette after it had published a controversial opinion poll on
the Government, and in October it suspended the paper "until
further notice." The suspension was canceled on December 8
but with the caveat that future editions be submitted to the
Government for prior censorship.
There is normally no censorship of foreign books or artistic
works. Foreign periodicals are widely displayed on
newsstands, and foreign radio broadcasts are readily available
to much of the population through shortwave radio. No attempt
is made to interfere with foreign radio broadcasts.
b. Freedom of Peaceful Assembly and Association
In recent years, the Government has permitted the formation of
a number of nonpolitical , private, social, service, and
professional organizations. All meetings of a political
nature, however, must be approved by the State. The
Government used gunfire against alleged stone-throwers
participating in antigovernment demonstrations in 1989.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Christianity, Islam, and traditional religions all coexist in
Benin, and adherence to a particular faith does not confer any
special status or benefit. There are no restrictions on
religious ceremonies, teachings, or foreign clergy, and
religious conversion is freely permitted.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Domestic movement is not restricted. Passport and exit
permits are necessary for travel outside West African
countries but are usually not difficult to obtain. Emigration
is common; many Beninese move to neighboring countries to earn
a living and do so without jeopardizing their citizenship.
The Government encourages the repatriation of its citizens
living abroad but with only limited success to date.
According to the United Nations High Commissioner for
Refugees, there were 869 identified refugees in Benin as of
August 1989, 808 of whom were Chadians who had fled the
fighting in their country. Although some settled in Benin,
many now were in the process of returning to Chad. The
Government imposes no restriction on the return of refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change their government
through democratic means. Political leadership is exercised
by President Kerekou and a small group of senior officials,
many of whom are military officers. The Cabinet and Political
Bureau are made up of persons from a variety of ethnic groups
and geographic areas. The People's Revolutionary Party, the
sole recognized political party, controls the selection of
candidates for the National Revolutionary Assembly and local
government bodies. While party membership is not a requisite
for holding office or for civil service employment, it can be
helpful for political and career advancement. The National
Revolutionary Assembly itself rarely takes issue with policies
formulated by the President. In the June elections for the
National Revolutionary Assembly Beninese citizens voted "yes"
or "no" for a single slate of candidates, chosen in advance.
There were reports of soldiers intimidating voters, and at a
number of polling stations the principle of the secret ballot
was not honored. The Assembly, which has little influence on
policymaking, reelected Kerekou without opposition to the
Presidency 2 months later.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
In the past, the Government considered any attempt to
investigate human rights practices to be interference in its
internal affairs. However, 1988-1989 saw a change in that
policy. In 1988 the International Committee of the Red CrossSESIS.
was permitted to visit Benin and investigate prison
conditions. In April 1989, AI representatives visited Benin
to discuss the organization's concerns on a number of human
rights issues.
In April the National Revolutionary Assembly passed a law
creating the Beninese Commission on Human Rights. The
Commission, which at the end of 1989 was still in the process
of being organized, is a nongovernmental entity designed to
promote human rights and review complaints forwarded by
private citizens. It will be comprised of 45 members,
including lawyers, representatives of nongovernmental
organizations, and government officials.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
There is no evidence that discrimination based on race, sex,
religion, language, or social status exists in Benin.
The Constitution states that women are by law the equals of
men in the political, economic, cultural, and social spheres,
and the Government officially encourages opportunities for
women. The Constitution also notes that the State "protects
the family, in particular, the mother and child" and calls for
the development of maternity hospitals and childcare
facilities. Female employees have the right to paid maternity
leave, although the actual enjoyment of this benefit is
limited mostly to civil servants, teachers, and other
professionals. Beninese women play a major role in the
commercial sector as well as in small-scale family farming,
but they have not traditionally had the same educational
opportunities as men.
Violence against women, such as wife beating, has been given
little attention by the Government. Civil penalties may be
applied in cases of domestic violence, but the police and
courts are often reluctant to intervene, considering such
affairs to be "family matters." The Organization of
Revolutionary Women of Benin serves to transmit government and
party policy on such issues and make known women's views to
the leadership.
According to several local medical practitioners, the practice
of female circumcision is not widespread in Benin. However,
published reports in the United States suggest about 20
percent of the female population is subject to this practice,
mostly in the northern part of the country. The Government is
making efforts to eradicate this practice through an education
campaign conducted by government-employed health workers, and
there are signs that the practice is diminishing, especially
in urban areas.
Section 6 Workers Rights
a. The Right of Association
Benin's Constitution states that "union activities are
guaranteed to workers," and workers are free to join the union
of their choosing. However, the National Workers' Union of
Benin (UNSTB), which is closely linked to the Government and
party (the President of the National Assembly acts as head of
the UNSTB), is the only legally recognized trade union
federation in the country. Approximately 75 percent of wage
earners belong to organized labor unions. Civil servants are
obligated to join the UNSTB as a condition of their
employment. In August Benin's National Union of High School
Teachers declared its independence from the UNSTB and 2 weeks
later held a widely publicized and cordial meeting with
President Kerekou.
While the right to strike is not explicitly denied or
protected in the Beninese labor code, the last labor strike
prior to 1989 occurred in 1975 and was forcibly suppressed by
the Government after 3 days. However, at various times during
1989 civil service employees at all 15 government ministries,
teachers, and professors went on strike for nonpayment of
salary arrears. Given such broad opposition, the Government
did not interfere with the strikes, but it arrested several
persons who allegedly engaged in vandalism or other activities
causing public disturbances during the strikes. Also, during
a strike by workers at the sugar cane factory at Save in
January 1989, soldiers reportedly opened fire into the crowd
in an attempt to restore order, killing at least one worker.
The UNSTB is affiliated with the Organization of African Trade
Union Unity and the Communist-controlled World Federation of
Trade Unions.
b. The Right to Organize and Bargain Collectively
Collective bargaining is provided for under the Beninese labor
code. Individual labor unions negotiate with employers on
labor matters and represent workers' grievances to employers
and to the Government. The Government often acts as arbiter.
Until the National Union of High School Teachers became
independent in August, all labor organizing and collective
bargaining took place under the umbrella of the
government-controlled UNSTB. The Beninese 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. Benin's labor laws apply throughout the country,
including in the export processing zone.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited under Article 3 of
the Beninese labor code and is not practiced.
d. Minimum Age For Employment of Children
The Beninese labor code prohibits the employment or
apprenticeship of children under the age of 18 in any
enterprise. However, enforcement is erratic at best, and
child labor does occur, especially in the subsistence economy,
where children below the age of 14 often work on family farms.
e. Acceptable Conditions of Work
Benin's labor force of 1.9 million (out of a population of 4.5
million) is primarily employed in agriculture (80 percent),
with less than 2 percent of the population involved in the
industrial (wage) sector. For the wage sector, the Beninese
labor code establishes a 40-hour workweek and sets a minimum
wage of approximately $40 per month. In many instances,
however, the Government's ability to enforce labor laws and
regulations in the wage sector is limited by a shortage of
administrative and financial resources and a difficultBENIH
economic environment in which unemployment is high. The
minimum wage level normally provides for a degree of food and
housing for a family, but in order to provide a decent living
it usually has to be supplemented by other means, such as
subsistence farming.
The Government has given vigorous support to policies designed
to improve the conditions of workers in both the agricultural
and industrial sectors. It has, for example, committed itself
to the provision of free or low-cost medical care and social
services and set occupational safety standards. The labor
code sets stringent health and safety standards, but again the
resources needed to enforce these regulations are limited
