RecommendationsV - Recommendations
The African Commission recommends that the Government of Benin should:
39. Make efforts to ensure that the provisions of the African Charter as well as the work of the African Commission are well publicised in the Country. In this regard, it encourages the State Party to take steps to translate and make available the African Charter in as many local languages as possible.
40. Take positive steps to create an effective mechanism to guarantee female participation in all levels of government, and also enact legislation to prohibit discriminatory practices against women.
41. Take the necessary steps to establish mechanisms for generating accurate statistical data on gender related issues, such as the level of female participation in all spheres and tiers of government and the number of judgements handed down by the courts regarding FGM.
42. Train judges, magistrates and other officers of the court on human rights protection.
43. Finalise steps to abolish the death penalty.
44. Ensure the enactment into law of the various draft Bills before its National Assembly touching on human rights, including: the Draft Penal Code and the Draft bill on press freedom.
45. Amend its laws on criminal defamation in line with Principle XII of the African Commission’s Declaration of Principles on Freedom of Expression in Africa.
46. Ensure that private broadcasting laws are reviewed to protect journalists from arbitrary arrest and detention.
47. Take appropriate measures to protect older women in the society in particular and older persons in general.
48. Take steps to enact legislation protecting the rights of Persons Living with HIV/AIDS (PLWHA), prohibiting discrimination against them, and ensuring their equality in all spheres of life. The African Commission also recommends that steps should be taken to develop a programme that works in preventing mother-to-child transmission of HIV/AIDS.
49. Take urgent measures so that prisoners are no longer involved with the up keeping of prison discipline.
50. Ensure that:
- the trafficking of children is punished;
- allegations of torture and ill-treatment are investigated and perpetrators of such acts be brought to justice.
- the judicial authority is provided with all logistical support in order to enable it better combat impunity and injustice;
- no statement obtained under torture or duress be allowed in proceedings and that orders from a superior are not considered as justification of torture;
- firmness is displayed to prevent abusive detention;
- prison conditions are consistent with international standards.
51. Inform the African Commission, in its next Periodic Report, of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations. Adopted at the 45th Ordinary Session of the African Commission on Human Peoples’ Rights held from 13 to 27 May 2009, Banjul, The Gambia.
This report provides an overview of developments in the legal and institutional framework, a periodic report on progress made since the last report in 2000 and an analysis of the factors hindering the promotion and protection of human rights in Benin.
"From 2000 to 2006, the Government of Benin made significant progress with respect to the implementation of the provisions of the African Charter on Human and Peoples’ Rights. However, there are still more challenges to be met with regard to the institutional and legal framework.
Regarding the institutional framework, there is a need to pursue the establishment of jurisdictions and to make them operational.
In a bid to strengthen the legal framework, there is need to carry out some lobbying to expedite the adoption of pending bills before the National Assembly in the area of human rights.
The State should boost its efforts and continue the sensitisation campaign in collaboration with civil society organisations for greater ownership of national and international legal human rights instruments to usher in a true culture of the law in Benin.
Strengthened good governance and the improvement of the legal and institutional framework are all steps which will go a long way to usher in true democracy and rule of law in Benin."