Country Report on Human Rights Practices for 1987
BENIN
.
Following its independence from France in 1960, Benin
experienced a prolonged period of political experimentation
and instability, punctuated by frequent coups d'etat. In 1972
the army staged a decisive coup that brought to power the
present Government, headed by President Mathieu Kerekou. In
1974 the Government, influenced by leftists, declared Benin to
be a Marxist-Leninist state under the direction of a single
political party, the Party of the People's Revolution of Benin.
Although Benin's Government has some of the institutional
trappings of other Marxist states, Benin's Marxism has had a
rather superficial effect on Beninese society. Farming and
commerce, the two most important sectors of the economy, have
remained firmly in private hands. The party itself is directed
by a small leadership group in which the influence of the
military remains important. The party controls the selection
of candidates for the National Assembly and local government
bodies. The military hold 5 out of 14 cabinet positions.
Early efforts at radical political and social transformation
in the mid-1970 's encountered widespread resistance and
resulted in significant erosions of political and personal
liberties. An unsuccessful coup attempt in 1977 was followed
by a period of intense suspicion of foreigners and domestic
critics. In recent years, however, the authorities have
exhibited greater tolerance of divergent social and political
views
.
Benin is ranked as one of the world's 35 poorest countries;
its underdeveloped economy is largely supported by subsistence
agriculture (80 percent of the population lives in rural
areas), regional trade, and a low level of offshore oil
production. Economic activity has been hampered by the
Government's efforts to institute centralized controls. In
1985 mounting balance of payments problems and rising debt
service costs led the Government to enter into negotiations
with the International Monetary Fund to reduce the number of
state enterprises and to encourage foreign private investment.
The human rights situation remained unchanged in 1987. There
were few incidents that might have caused the Government to
use repressive measures. As in 1985 and 1986, there was some
student unrest; in 1987 a small number of students were
arrested for demonstrating against the late payment of
scholarships
.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings.
b. Disappearanceppearance
There were no reports of disappearance or secret arrests.
c. Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishmenture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In its 1987 report. Amnesty International noted that in 1986
it had received reports of torture and other ill-treatment of
political prisoners, including beatings, whippings, and
"barrel torture" (the victim is rolled around inside a barrel
containing broken glass and stones).
Prison conditions in Benin are very poor. Sanitation
facilities are deficient, and prisoner food is inadequate
unless supplemented by food from friends or relatives.
Physical punishment reportedly occurs.
d. Arbitrary Arrest, Detention, Exile or Forced Laborrary Arrest, Detention, Exile, or Forced Labor
Benin's legal system provides for the review of detentions by
a court of law in all but a few sensitive political cases.
The Constitution states that no citizen may be arrested
without an order of arrest by an established judicial body.
In practice, however, persons have been detained, some for
extended periods, without charge and without recourse to legal
assistance or judicial hearing. For example, the American
Association for the Advancement of Science has reported that a
Beninese physician, Afolabi Biaou, was arrested in November
1984 and has been detained without charge since that time.
Biaou was previously involved with the "Support Committee for
Former Political Prisoners" in Benin and was allegedly arrested
en route to the presidential palace where he had been summoned
for a meeting.
Most political arrests have occurred during periods of
political tension. Lengths of incarceration before trial are
at the discretion of the authorities. Although arrests are
not publicized, no special attempt is made to keep them
secret. According to Amnesty International, political
detainees and prisoners have been interrogated by the National
Commission of Inquiry on State Security, headed by a senior
military officer, apparently to determine the extent of the
detainee's ties to opposition groups. The Commission
reportedly has had the power to recommend to the President the
continued detention or release of suspects.
Prior to his departure in October 1986 to meet with Western
European leaders. President Kerekou ordered the release of
about 50 prisoners held since 1985 for having participated in
strikes. Amnesty International stated in its 1987 report that
there were at least 88 political prisoners being held without
trial in Benin at the end of 1986. Apparently most of those
detainees were either suspected of involvement in the student
unrest of 1985 or were accused of supporting the banned
Dahomey Communist Party.
Student unrest continued in 1987, mainly over the late payment
of scholarships. The Government arrested a small number of
student leaders but released them by the end of 1987.
There were no reports alleging the use of forced labor, which
is prohibited under Beninese law.
e. Denial of Fair Public Trial of Fair Public Trial
Benin's judicial system is allowed to function independently
in all but sensitive political cases. In such instances,
detainees may or may not be permitted legal counsel or granted
a public hearing. There is no time limit with respect to
charging a defendant or bringing the accused to trial. In
recent years, the Government has used only the established
civilian "revolutionary court" system. These courts are
organized on provincial and national levels, and there are
plans for courts at the district level once sufficient judges
have been trained. The highest court of appeal is the Central
People's Court.
f. Arbitrary Interference with Privacy, Family, Home or Correspondencerary Interference with Privacy, Family, Home, or
Correspondence
Although Benin's Constitution provides for the inviolability
of the home and requires a warrant from a judge before the
police can enter a residence, there have been occasional
unconfirmed reports of forced entries in sensitive political
cases. Other reports indicate that the security police monitor
telephones and the mail of suspected persons. There are no
other known types of interference with the home or family.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Pressof Speech and Press
With few exceptions, the local press, radio, and television
are all government owned and operated. Among the exceptions
are La Croix, a weekly paper published by the Catholic church,
and Echo, a monthly journal of opinion circulated throughout
West Africa, which treat political issues with circumspection.
The official media carry only those stories that are approved
by or serve the interests of the party and the State.
Opposition to government policies and open criticism of the
Government are not tolerated. Academic freedom on nonpolitical
issues, however, is permitted, and there is normally no
censorship of foreign books and artistic works. Foreign
periodicals are widely available on newsstands. Foreign radio
broadcasts are readily available to much of the population
through shortwave radio. No attempt is made to interfere with
radio reception. Although the public expression of political
opinion by Beninese is tightly controlled, the general
atmosphere in Benin is not one of fear and repression. Many
Beninese are willing to discuss politics freely in private or
in small groups.
b. Freedom of Peaceful Assembly and Associationof Peaceful Assembly and Association
All meetings of a political nature must be sponsored by the
single political party. Although organized public opposition
to the Government itself is not permitted, there are numerous
examples of groups which have organized to protest specific
government policies or actions. In recent years, the
Government has welcomed the formation of a wide variety of
private social, service, and professional organizations
{including Lions and Rotary clubs), many of which maintain
active international affiliations. There is no known
persecution of professional groups.
Labor unions are organs of the party and unified under a
general labor organization, the Union Nationale des Syndicats
des Travailleurs du Benin (UNSTB) . Although controlled by the
Government, individual local unions negotiate with individual
employers on labor matters and represent workers' grievances
to employers and to the Government. The Government often
plays the role of arbiter.
Although the right to strike is not explicitly denied or
protected, it is clear that labor strikes are not sanctioned.
The Constitution of 1977 states that "union activities are
guaranteed to workers" but "must be used for the elevation of
the conscience of the proletarian class and for the
augmentation and continued development of production." When
labor actions and arrests occasionally occur in Benin, they
usually involve students or professionals and take the form of
brief work stoppages to protest such things as late
scholarship or salary payments.
c. Freedom of Religionof 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 or teachings, and religious conversion is
freely permitted.
d. Freedom of Movement Within the Country, Foreignof Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Domestic movement is not restricted. International movement
is controlled in that a passport and exit permission must be
obtained for travel to other than West African countries;
obtaining these documents, however, is not difficult.
Economic rather than governmental constraints usually preclude
travel outside the region. There are no restrictions placed
on residence within Benin, except for recently released
prisoners who may be subject to travel restrictions.
Emigration is common in Benin. Many Beninese move to
neighboring countries to earn a livelihood without
jeopardizing their citizenship. Beninese living abroad are
encouraged by the Government to return home to help develop
their country, but only a small number have done so.
By far the largest group of displaced persons in Benin are
Chadians who have fled the fighting in their country. There
are, according to the United Nations High Commissioner for
Refugees, about 3,500 displaced Chadians in Benin. Many of
these are now permanently settled in Benin, although they are
free to return to Chad if they wish.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Gonvernment
The current one-party political system provides no mechanism
whereby citizens are free to change their government.
Leadership is exercised by President Kerekou and a small group
of senior party officials, many of whom hold positions in the
Government. The electoral process allows for citizen
participation in the nomination of candidates for the National
Revolutionary Assembly, in theory the principal decisionmaking
body of the Government. Party membership is neither a
requisite for participation in this process nor for high
office or civil service employment. The final selection of
candidates for the single national slate, however, is made by
the party leadership. No opposition parties or slates are
permitted. The Assembly itself rarely takes issue with
policies formulated by the party leadership.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Government considers any outside attempt to investigate
human rights practices in Benin to be interference in its
internal affairs. In February 1986, the Government deposited
instruments of ratification for the African Charter on Human
and People's Rights.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Historically, Beninese women have played a major role in the
commercial sector as well as in small-scale family farming.
Women have not had the same educational opportunities as men.
Most boys now attend primary school, but only about one out of
every two girls is in the primary grades. Nevertheless, the
Government officially encourages new opportunities for women
and, while there are no women in ministerial positions, a
number of women figure prominently in executive level positions
in the presidency and in the various ministries. There are
two women on the Central Committee of the party. The ruling
party has a women's organization--the Organisation des Femmes
Revolutionnaires du Benin (OFRB) . As do other specialized
party organizations, the OFRB serves to transmit party policy
to its members. It also provides a channel for women's views
to be made known to the party leadership.
CONDITIONS OF LABOR
The Government has given vigorous support to policies designed
to improve the conditions of average workers in both the
industrial and agricultural sectors. It has, for example,
committed itself to the gradual extension of free or low-cost
medical care and social services; legislated minimum wage
levels (approximately $50 per month) and occupational safety
conditions; and established procedures and mechanisms for the
protection of worker rights, including legislation prohibiting
child labor. The Beninese Labor Code establishes a 40-hour
workweek and implicitly defines a "minimum age" by authorizing
participation in the social security system beginning at age
14. The civil service administration will not hire persons
under 18. In many instances, however, the Government's
ability to enforce these policies and regulations is limited
by a shortage of administrative and financial resources and by
the need for the entire family to farm subsistence plots of
land
