Benin: Promotion Mission, 2008

The mission was conducted by Commissioner Yeung Kam John Yeung Sik Yuen, Member of the ACHPR, responsible for Benin in terms of promotion activities. He was assisted by Dr. Robert Eno and M. Nadjita Ngarhodjim, Legal Officers in the Secretariat of the African Commission. The terms of reference of the mission were to:

• Discuss with the stakeholders working in the field of human rights in the country about the measures taken to guarantee the enjoyment of human rights in the country;
• Examine the successes and good practices registered by the Government in the implementation of the African Charter and other human rights instruments for the purpose of sharing them with other countries;
• Discuss with the Government and the other stakeholders about the potential difficulties to be encountered in the implementation of the Charter;
• Urge the Government to fulfil its obligations under the terms of the Charter, in particular pertaining to the submission of its Periodic Reports; and
• Urge the Beninese Civil Society Organizations to be more involved in ACHPR activities.

Recommendations

The ACHPR recommends to the Benin Government to take the following measures for the improvement of the human rights situation in the country:

1. Submit regular reports to the Commission , that is every two years to ensure that there is constant dialogue between the Benin Government and the African Commission on the human rights situation in Benin ;
2. Ratify the African human rights instruments to which the State has not yet acceded ;
3. Take measures to align its legislation with international human rights obligations ;
4. Take measures to guarantee the participation of women in the management of public affairs and their representation in positions of responsibility ;
5. Take appropriate measures with the support of its partners to institute free secondary education ;
6. Take measures to enable all workers to exercise their union rights especially the private sector, by taking appropriate steps where necessary in applying sanctions against employers who oppose the formation of workers unions in their companies;
7. Take measures to protect workers, especially union leaders from unlawful dismissals ;
8. Reactivate the Beninese National Human Rights Commission through the passage of a new law in conformity with the Paris Principles, by adequately resourcing the CBDH to enhance its operations and by clearly defining the mandates of the CBDH and the Human Rights Consultative Committee to avoid jurisdictional conflict between the two institutions ;
9. Decongest the Cotonou Civil Prison by speeding up the process of transferring the condemned prisoners in the the Akponissrete Prison in Porto Novo ;
10. Take measures to ensure the education of minors in the prisons ;
11. Pass an anti-corruption legislation by incorporating international anti-corruption instruments to which Benin has acceded into the Benin legal system by defining corruption and related practices and providing sanctions applicable in the event of corrupt practices ; 
12. Reinforce the Anti-Corruption Observatory by providing it with adequate human, financial and material resources to enable it carry out its mission.