HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF BENIN

22 October 2004

The Human Rights Committee has considered the initial report of Benin on how that State party implements the provisions of the International Covenant on Civil and Political Rights.

Introducing the report, Dorothé Cossi Sossa, Minister of Justice, Legislation and Human Rights of Benin, said since becoming a State party to the International Covenant on 12 March 1992, Benin had adopted a number of measures to give precedence to the principles within. Among the measures taken were the updating of legal instruments such as the Criminal Code, the Code on Criminal Procedure, revised laws on media, and the new Code on the Family which addressed gender equality. Despite these efforts and others, cases of violations of individual’s rights continued to take place, Mr. Sossa added.

In preliminary remarks, Committee Chairperson Abdelfattah Amor said the Committee commended the Government of Benin for its desire for reform, which was exemplified by the drafting of new laws, such as the law on criminal procedures. The Committee was perplexed, however, because there was a lack of information on how legal texts were translated on the ground. Among other concerns raised by the Committee were the problems of prison overcrowding and prison conditions in general. The Committee had every reason to believe Benin’s determination to uphold the principles of human rights, but at the same time the State was obligated to challenge the social reality to make sure social problems were not an impediment to achieving human rights, Mr. Amor said.

Other Committee Experts raised questions on subjects pertaining to, among other things, acts of torture, female genital mutilation, gender equality, prison conditions, pre-trial detention and police custody, the functions of the Constitutional Court, illiteracy and trafficking in children.

The Committee will issue its formal, written concluding observations and recommendations on the report of Benin towards the end of its session which will conclude on 5 November.

Also representing Benin were representatives of the Constitutional Court, the Supreme Court, the Office of the President of the Republic, the Ministry of Justice, Legislation and Human Rights, the Ministry of the Family and Social Protection, the Ministry of the Interior, the Ministry of Foreign Affairs, and the Permanent Mission of Benin to the United Nations Office at Geneva.

Benin is among the 153 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty. It is also one of the 104 States parties to the Optional Protocol to Covenant.

The Committee will reconvene at 10 a.m. on Monday, 25 October to begin its consideration of the fifth periodic report of Morocco (CCPR/C/MAR/2004/5).

Report of Benin

The initial report of Benin (CCPR/C/BEN/2004/1), which covers the period from 1992 to 1996, outlines the efforts that the country has made to meet the obligations it assumed on becoming a State party to the International Covenant on Civil and Political Rights. It is divided into three parts: the land, the people and demography; the general political structure; and the general legal framework for the protection of human rights. There are eight major ethnic groups in Benin and several religions co-exist in the country including Animism, Christianity and Islam. Benin is among a group of countries with low incomes and low human development indices. Although, overall, Benin’s macroeconomic situation gradually improved over the decade 1990-2000, this economic performance has had no significant impact on social conditions in the country or on the people’s living standards.

Through the rules it sets forth, the Constitution has brought about improvements in the sense of more positive rights and freedoms for Beninese citizens and reaffirms the Beninese people's attachment to all international instruments, which take precedence over domestic law. Among other things, the Constitution reaffirms the State’s commitment to guaranteeing all human beings equal access to education, health, culture, information, vocational training and employment. Women represent more than half the population (51.35 per cent). However, they are poorly represented in State institutions. The crime rate in the sub-region obliges the Government to retain the death penalty in its legal arsenal as a deterrent. Beninese public opinion is alarmed by the crime in the sub-region and fears that abolishing the death penalty would turn the country into a haven for serious criminals.

In order to give effect to constitutional provisions, the Government has released all the political prisoners held in certain military camps and detention centres, the most notorious of which is in Ségbana in northern Benin. The Beninese prison system is based largely on the French model. Long-stay and short-stay prisons have sections for each category of prisoner (women, men and juveniles). However, it should be remembered that economic and financial problems in Benin make it impossible to meet all the needs of the prison population. As far as foreigners from outside the community are concerned, Benin is a State party to bilateral treaties on establishment on the basis of reciprocity. Benin is making efforts to promote tourism and to improve living conditions for arriving foreigners.

Presentation of Report

DOROTHÉ COSSI SOSSA, Minister of Justice, Legislation and Human Rights of Benin, said Benin had given pride and place to human rights, which were an integral part of the Constitution of Benin and which embodied the principles of the African Charter on Human Rights. Among the steps taken to improve the situation of human rights was the reform of the legal system. The Constitution of 1990 provided for cooperation between institutions and organs which were charged with defending human rights.

Legislative powers were exercised by the National Assembly which drafted laws and the Constitution was the guardian of the rights of people and public freedoms in general, the head of the delegation said. The Economic and Social Council also gave its opinions on draft laws pertaining to economic and social matters and drew the attention of the Government to areas where laws may be improved to keep them in line with the State’s national human rights policy. Various Government institutions as well as the National Advisory Council on Human Rights had also been set up. Moreover, non-governmental organizations in Benin which dealt with the promotion and defense of human rights had made important gains since the beginning of the 1990s and had been involved in advising the Government on drafting policies pertaining to human rights.

Mr. Sossa recalled that Benin became a State party to the International Covenant on Civil and Political Rights on 12 March 1992 and since then had adopted a number of measures to give precedence to the principles within. Among the measures taken were the updating of legal instruments such as the Criminal Code, the Code on Criminal Procedure, the establishment of national and departmental centres on the safeguarding of children and youth, revised laws on media, the amended Labour Code which set out measures such as the prohibition of discrimination in employment practices while addressing gender equality and equal wages, and the Law on Elections which oversaw the governing of elections for the President and members of the National Assembly. The law on the High Court of Justice and a law dealing with religious traditions were additional examples.

Despite these efforts and others, cases of violations of human rights continued to take place, Mr. Sossa said; these cases included summary executions. The Government had been tackling these problems by education campaigns, awareness raising through the media, and by augmenting financial resources to uphold human rights.

The Minister noted that the real handicap facing Benin today was that of promoting a human rights culture which made the work of the Government more difficult and vulnerable. To address the issue of the equality of the sexes, the Government had recently enacted the new Code on the Family which enshrined total equality of the sexes. Moreover, in March of this year the Government had dispatched a special commission to travel throughout the country to inspect places of detention to look into cases of preventive detention and the violation of human rights in prisons. The commission also sought to look into established prison rules and to propose solutions where required, Mr. Sossa added.

Questions by the Committee Experts

A series of questions were submitted by the Committee Experts in advance to the meeting and others were posed orally. Among the questions raised were on the subject of the State’s National Assembly, cases of torture and the criminal definition of torture within Beninese legislation, female genital mutilation, the participation of women in pubic and political positions, anti-terrorist measures, the number of deaths in prisons and the independence of the judiciary. An Expert also asked whether the State party intended to establish a national institution that was independent and had a mandate to receive complaints of violations of human rights.

Responses by Delegation

Invoking the Covenant Domestically

In response to a question on the invocation of the International Covenant on Civil and Political Rights before the courts, the delegation said there were three conditions which must be met for a treaty to be seen as higher than domestic laws; it must be ratified, published and be subject to the rule of reciprocity. Ratification could only occur by the passing of a law after the treaty had previously been ratified by the State’s National Assembly. The delegation noted that Benin had identified only a few cases where the Covenant had been invoked before the courts.

The Judiciary

On a question pertaining to the organization of the judiciary, the delegation said that under the former regime, other than the Supreme Court, there was only one Court of Appeal with jurisdiction over the entire country. Currently, there were additional district and local appeal courts which amounted to 95 courts in all. The reform of the legislation sought to bring the people closer to places of justice. Each appeal court had an audit chamber. There were nearly 140 magistrates in the country, 99 of whom sat on the Supreme Court. In 2003, some 40 additional registrars were recruited, training for additional registrars was carried out and measures were taken to improve the salaries of judges. These were among the steps taken by the Government to meet the needs of the legal reform underway.

Concerning the appointment of and disciplinary proceedings against judges, the delegation said they were appointed by a Presidential decree and disciplinary measures were carried out by the Supreme Council of Magistrates. The judges in question were able to exercise their right to a defense. The penalties for wrongdoing ranged from fines, the change of function or removal for position, suspension of pay, demotion, or withdrawal from office. There was a guarantee that the justice system was independent to a point where a judge, when settling a case, could not be influenced, encouraged, or subjected to pressure whatsoever. This was also guaranteed by the principle of mobility which meant the judge could not have a new assignment without consent. As per the conditions for recruiting judges, the law stated that no person may become a magistrate without being of a high moral standard and no distinctions were drawn between the sexes when selections were made. Moreover, the judiciary was entirely separate from the executive powers. The judges to the Court of First Instance were both appointed by the President and the National Assembly.

With regard to the Constitutional Court, the delegation noted that the Court consisted of seven members, including three magistrates, one of whom was appointed by the President of the Republic. These members could not be reassigned during their mandate. The Constitutional Court ruled on the constitutionality of laws before they were promulgated and guaranteed public freedoms. Among other things, the Court ensured that elections were free and fair and ruled on all cases of violations brought forth by citizens who were either a victim, a witness or someone who had relevant information. To bring a case before this Court, a petition must be submitted which was verified by a fingerprint by the person submitting the petition. The Court also gave its views without having received a prior petition concerning any acts which may undermine the fundamental rights and freedoms of any individual. One example of these violations was arbitrary detention. This year, some 150 complaints had been submitted. The decisions handed down were not subject to recourse, the delegation added.

In response to a question on the trials of registrars and tax collectors, the delegation noted that a case had come to light in 1998 which involved illegal payments. Investigations led to the invocation of 27 judges, among others. All were prosecuted for fraud, misappropriation and misuse of funds. In all, 63 persons were convicted and sentenced to up to five years imprisonment.

Asked to provide more information on Benin’s “conciliation tribunals” under customary laws, the delegation said these tribunals had no power to judge or try a party but drew up reports on the procedure which was endorsed by the President of the Court of First Instance. When there was conciliation the decision was not automatic; an administrative procedure initiated by the President of the Court of First Instance had to ensure that all proper steps had been exhausted before accepting the conciliation report. If there was no conciliation the case went to court. The cases were usually minor in nature and at the local level.

The Committee asked for information about a strike by judges which took place in May 2004 as a result of a bilateral agreement entered into between Nigeria and Benin on judicial cooperation. The delegation said the agreement had come as a result of crimes which had been taking place along the Benin-Nigeria border perpetrated by “gangsters” who operated on both sides of the border. The agreement consented to an exchange of prisoners to allow justice officials from both countries to investigate and question perpetrators from the other country. Judges in Benin held a strike in protest of the agreement since they were of the view that the procedures being carried out by the Nigerian officials were improper. The delegation said the views of the judges had been taken into consideration and the issue had been settled.

Turning to a question on counter terrorism, the delegation mentioned that Benin had not yet adopted specific legislation to combat terrorism. However, a committee was currently looking into the drafting of a law on this matter.

In response to a question on legal assistance in criminal trials before courts of first instance, the delegation noted that legal assistance in terms of providing a lawyer in such cases was not compulsory; however legal assistance was possible as per the Code on Criminal Procedure if the suspect was not able to provide his own lawyer. Only at the Assize Court, which handled serious crimes, was a lawyer provided to a defendant, but at lower courts this provision was not obligatory.

Human Rights, the Right to Freedom from Torture and Detention Conditions

In response to a question on the Commission on Human Rights, the delegation said Benin had established a national human rights institution by law which was accountable to public authorities, non-governmental organizations (NGOs) and Governmental officials for dealing with matters on human rights. The Commission had 45 members in all and was tasked with assisting national authorities in drawing up reports on international instruments to which Benin was a party to allow the State party to honour its commitment to submit periodic reports on these international instruments. The Government also set up a Council on Human Rights which coordinated the activities of some 40 NGOs. This Council took stock of the human rights situation in Benin and made recommendations to the Government. Moreover, a National Committee on Follow-up Procedures had been established since 1988 and as a result Benin was able to meet its commitments to international treaties.

In response to a question on the commission set up in 1991 to compile a list of victims of torture, the delegation said the commission was an inter-ministerial body set up by a Presidential decree. The commission had identified and facilitated hearings for 1,017 victims. Among these victims, five persons had died and their families had been compensated. To date, there were victims whose cases were still pending. On a related question, the law on amnesty of 1990 excluded the provision of amnesty for acts of torture and murder as a result of political repression, the delegation added.

On the subject of torture, the delegation underlined that, as per the Constitution, any individual who was found guilty of acts of torture would be punished in keeping with the law as outlined in the State’s Criminal Code. This included both cases of individuals who had acted on their own initiative or under instructions of others. These cases were brought forth before a disciplinary court. If public officials, such as police officers, were found guilty, they could no longer carry out their functions; for more serious offences they were incarcerated.

In response to a question posed by the Committee on deaths in prison, the delegation said that deaths did occur in prisons but were the result of illnesses and not mal-treatment.

Concerning the death penalty, the delegation reaffirmed that the question of abolishing the death penalty in Benin had been considered this year and two possibilities were presented: the abolitionist and the non-abolitionist which was based on the strategy of reassuring the population while focusing on a policy of dissuasion.

With regard to the question on cases of ill-treatment by State officials and in particular the case of the ill-treatment of four journalists by the police in 2003, the delegation said the Constitutional Court had tried several cases involving State officials charged with such treatment which usually involved members of the pubic security forces. There was also a special disciplinary court for the police which was set up as a means to address these acts. In the case of the four journalists, the delegation remarked that the incident occurred in April 2003 when under the instruction of the Director of the National Police, the journalists in question were arrested for having published articles which the Director considered to be offensive, despite previous warnings. The Public Prosecutor was informed and heard the parties. Subsequently, the journalists filed complaints of having been subjected to arbitrary detention and degrading and humiliating treatment. Although the follow-up medical examinations could not prove these claims, the complainants were compensated for the damage alleged to have been suffered by them.

On a question regarding police custody, the delegation said the legal foundation for police custody was regulated by two fundamental texts - the Constitution and the Code of Criminal Procedure. This custody could last no longer than 48 hours and could only be extended in exceptional conditions; under these conditions, no longer than eight days, as per the Constitution. Police officers were obligated to inform the State prosecutor without delay of the crimes, as per the Code on Criminal Procedure. There had been cases of individuals being held for longer than eight days for which the police responsible had been subjected to disciplinary measures, the delegation added. There were no cases of individuals being held for longer than one month, as had been suggested by information presented by the Committee. Moreover, spot checks were carried out by Government officials to make sure no violations of human rights were being conducted during police custody. Any cases of violations were quickly brought under control. The delegation added that Benin was struggling against organized crime and police officers had arrested individuals who were allegedly involved in these criminal activities. In this case, those in custody were held for longer than eight days but the police said they allowed this as an exception to publicize the arrests in the media and to demonstrate the Government’s actions against organized crime.

Concerning rights of detained persons, the delegation said no detainee could be deprived of their right to food in a police station and each person held in detention had food brought to them by their family. As for those in custody who had no family, the police provided food. Moreover, a person in custody was allowed to have access to a doctor if he fell ill. Access to a lawyer was also provided but rarely carried out since police activities were limited to gathering evidence to bring a case before a prosecutor, the delegation said. The draft criminal code had no provisions in this regard at the moment.

With regard to pre-trial detention, the delegation said that as per the current status of the Code on Criminal Procedure, the maximum period of detention for a charged person awaiting trial could last up to six months. A minor in this situation could be placed in a centre for the safeguarding of children or in a private institution. The Code aimed to limit the time spent in detention before a trial and prohibited the extension of this pre-trial period.

The delegation said the Government of Benin had been making efforts to improve the conditions of detainees. Finances allocated for the prison system had been increasing in the past 10 years. Three new prisons had been built to replace existing ones and there was a centre exclusively for children and adolescents. The State’s policy on reconstruction of its prison system was a demonstration of its commitment to ensuring sanitary conditions in prison. Men and women in detention were held separately, either in separate prisons or separate quarters in the same prison. There were also facilities in prisons for women to breastfeed their children.

Concerning overcrowding in prisons, the delegation again referred to the rehabilitation of prisons and detention centres to alleviate this problem. The Government had also acquired land recently to build new prisons. A decree was enacted this year to allow for the conditional release for good behaviour of a prisoner as an additional measure to reduce overcrowding in prison.

The Committee submitted a question on the “especially deplorable conditions” of prisoners on death row. The delegation said these prisoners were particularly dangerous criminals and had been separated from other prisoners. They were placed in high security areas to ensure they did not escape. These prisoners were allowed to receive visits from adult members of their families but not from minors. No death or suicide had been recorded over the last ten years for prisoners on death row, the delegation added.

Gender Equality

As for women’s representation in State institutions and political parties, the delegation noted that the Constitution had placed particular emphasis on the equality of men and women, adding that women were represented in various governmental bodies. However, there was no present law in place that aimed to increase the representation of women in State institutions. A workshop was set up by the Government to look into this matter further. The delegation noted that the percentage of women holding political offices had increased from 1991 to 2003; the total percentage of women in 1991 was just over nine per cent and in 2003 just over 23 per cent. The number of women serving in Parliament had remained constant. At the last Presidential election there was a female candidate.

Asked to provide additional information on violence against women and measures to put a stop to such acts, the delegation noted that these acts ranged from rape, paedophilia, sexual abuse of girls, female genital mutilation, domestic violence and trafficking in women and children. The Government had taken several measures embodied in the provisions of the Criminal Code, the adoption of laws dealing with health and reproduction and female genital mutilation, laws for the protection of women and children, and the setting up of legal assistance centres by non-governmental organizations. The Government sought to provide information and education as well as to offer advice, support and legal assistance for women so they could enjoy their rights, the delegation added.

The delegation was asked to comment on charges that some 40 articles of the draft Personal and Family Code were unconstitutional. They indicated that both monogamy and polygamy were recognized in Benin, however before entering into marriage the future spouse was obligated by law to choose one of these options. One of the articles in question also expressed the view that a woman could not keep her maiden name which was deemed to be unconstitutional. The Government acknowledged that this article must be amended and brought in line with the Covenant. Another article stated that a man was able to engage in polygamy and a woman was not which was contradictory to the State laws on gender equality. Regarding inheritance rights, the surviving spouse benefited for the succession, as long as there was no separation judgment. Moreover, after the adoption of the new Personal and Family Code there was no longer a reference to customary law. The Code regulated the situation with regard to individuals and property and established equality between men and women in terms of rights and duties. The new Marriage Act had been enacted that allowed a woman to keep her maiden name to which she would add her husband's name. Furthermore, marriage in Benin, as per the new law, was now monogamous.

Concerning forced marriages, according to the new Marriage Act, consent was required by both spouses before betting married and they had to be at least 18 years of age. The Government was currently undertaking campaigns to encourage citizens to respect the law and the conditions set out in the Marriage Act.

Concerning female genital mutilation, the delegation referred to the enactment of an Act in 2003 which banned the practice and set out penalties for carrying it out. All persons practicing female genital mutilation were liable to be punished by imprisonment terms ranging from six months to three years. In cases of death the sentences were aggravated. Moreover, public health institutions were obligated to take in victims of female genital mutilation. The Ministry of Family Protection organized a group to initiate awareness campaigns on female genital mutilation with the aim of reminding the communities of the consequences of the practice and informing them that there was a law which banned and punished the practice. An information manual had been produced on female genital mutilation and information officers were also trained to reach out to local communities. Some 17 per cent of the women questioned in Benin had been subjected to female genital mutilation. However, there were differences among different regions and the practice was rooted in customs among certain ethnic groups. Other issues such as infanticide and forced marriages were also being targeted by similar programmes.

Concerning infanticide, the Government had organized sessions to provide information on this crime and had disseminated the Convention on the Rights of the Child to the public. Moreover, the Government had been training health workers and there were a number of charities and non-governmental organizations who took in children until they could be adopted.
In response to a question on trafficking in children, the Secretary General in the Ministry of the Family and Social Protection of the delegation said the problem of trafficking in children was on the increase in Benin. The Government had introduced a number of measures including disseminating and publicizing the Convention on the Rights of the Child as well as a number of awareness-raising campaigns nationwide; workshops had also been conducted for various officials. Campaigns were being organized with neighbouring countries such as Nigeria and Togo, as well. Local committees had also been set up to combat trafficking. The head of the delegation added that if one spoke more frequently of child trafficking in Benin, it was not because there were more cases occurring but because of a new Government policy in the form of an “alert system” being carried out along its borders which aimed to track down traffickers. In turn, the Government publicized such cases in the media.

Health Issues

With regard to HIV/AIDS, in support of the State’s policy on combating HIV/AIDS, the Government had adopted a decision which had led to the establishment in August 2000 of a fund to combat HIV/AIDS. A multi-sectoral project had also been created which financed the activities of the Government and private institutions in anti HIV/AIDS activities. Moreover, the Government had created a national committee which was headed by the President. There were local village anti HIV/AIDS committees. The main focus of these activities was geared around prevention and support for those infected with the epidemic. Family planning programmes to address the issue of unwanted pregnancies were also enacted by the Government as well as programmes for reproductive health. In Benin, abortion was punishable by law.

In response to a question posed by the Committee on illiteracy, the delegation indicated that in Benin education for boys had been given priority to that for girls because of the mentality of villagers. The Government understood the need to educate girls so it had established a number of measures to strengthen existing social frameworks. These included setting up youth centres, exempting girls from rural areas from paying school fees, establishing education grants for girls, setting up technical colleges, secondary schools and vocational training centres for girls, and conducting literacy campaigns to reduce the illiteracy rate of women. These measures had proved successful, the delegation added.
Rights of Refugees

In response to a question on the case of 11 Togolese soldiers with refugee status in Benin who were accused of fomenting a coup d’etat against the Togolese President, the delegation said that the 11 soldiers were arrested for being accomplices in a coup d’etat against the Togolese President. With support from the Office of the High Commissioner for Refugees these 11 soldiers were awaiting a new host country and there was no risk of extradition. The Government of Benin was responsible for ensuring their safety while on its territory and had approached the 11 refugees who expressed their concern about how to get to another country of asylum. The delegation added that these 11 individuals had been housed in Benin in a safe house and not a prison since February this year. However, the Government was anxious to have these individuals sent to another country.

A Committee Expert asked for information about the case of Nigerian refugees who had complained of abuse by Beninese police in 2002. Similarly, the Expert raised the case of the 152 Liberian boat refugees in June 2002 who had been denied access to Benin despite being classified as asylum-seekers by the United Nations High Commissioner for Refugees. The delegation said they would submit responses at a later stage.

Preliminary Remarks

ABDELFATTAH AMOR, Committee Chairperson, said the Committee commended the delegation’s efforts in submitting its report which outlined the legislative measures being undertaken in Benin. However, it was important for the Committee to see how this legislation was being implemented in the State party. In that connection, the Chairperson asked the delegation to provide additional information so it would able to draft its concluding observations.

Among the areas to be commended was the Government of Benin’s desire for reform, which was exemplified by the drafting of new laws, such as the law on criminal procedures. The Committee was perplexed, however, because there was a lack of information of how legal texts were translated on the ground. Citizens in Benin were allowed to petition the Constitutional Court in order to defend their rights and freedoms but the Chairperson asked to what extent citizens could really benefit from this provision. The Chairperson noted that there were gaps between laws and cultural attitudes and that the society may not keep up with the State in terms of laws. The perception of women in Benin was worrying, he added. Female genital mutilation was something that was tolerated socially and deemed even normal and necessary in some cases. The Chairperson said this practice would probably continue since schooling and education was so low in some areas.

Mr. Amor said although the Committee was told that only monogamous marriages were recognized in Benin they were not told if there were any sanctions with regard to polygamy. The law that did not recognize polygamy was ahead of the social reality which would only change if the law through sanctions came to punish acts of polygamy. In terms of the perception of children, Mr. Amor said there had been cases of infanticide which were the result of social beliefs. There was also a question whether the law supported the right to the life of a child and whether the culture echoed the law in this regard.

In Benin there was the issue of culture which did not make it easy to internalise human rights quickly, Mr. Amor said. Benin had been doing a great deal in terms of education, but when it came to cultural aspects and attitudes, much remained to be done. Benin had come a long way in terms of the political situation which had changed radically and peacefully, but at the same time the determination to establish the rule of law faced certain difficulties. There was also the question of whether the citizens of Benin actually were aware of their rights.

The Chairperson noted that many non-governmental organizations in Benin had been doing a lot to publicize human rights and ensure training but these measures should be taken by the Government. Among other concerns raised by the Committee were the problems of prison overcrowding and prison conditions in general. The Committee had every reason to believe Benin’s determination to uphold the principles of human rights, but at the same time the State was obligated to challenge the social reality to make sure social problems were not an impediment to achieving human rights, Mr. Amor said.