HUMAN RIGHTS COMMITTEE REVIEWS THE REPORT OF BENIN
The Human Rights Committee today concluded its consideration of the second periodic report of Benin its implementation of the provisions of the International Covenant on Civil and Political Rights.
The report was presented by Eloi Laourou, Permanent Representative of Benin to the United Nations Office at Geneva, who presented the latest changes in the country’s legal system. Those included the adoption of the National Policy for the Development of the Judiciary, a new Code of Criminal Proceedings, a new Election Code, a new law on freedom of association, and a law on trafficking in persons. In March 2015 the Government had adopted the Information and Communication Code, which decriminalized defamation. The Government was also in the process of creating a National Commission on Human Rights.
In the interactive dialogue Committee Experts applauded the efforts made by Benin in the promotion and protection of human rights, especially the abolition of the death penalty, the adoption of laws to combat violence against women and children, the law on information and communication, and the establishment of the National Human Rights Commission. However, they also expressed concern regarding the continued practice of polygamy and early and forced marriages, women’s participation in political life and access to land and property, female genital mutilation, living conditions in prisons and pre-trial detention periods, ritual killings of children and continued practice of child domestic servants (“vidomégons”), freedom of expression and continued defamation sentencing, independence of the judiciary and the right to a fair trial, as well as the 1991 Amnesty Law.
In his concluding remarks, Mr. Laourou noted that the process of the protection of human rights in Benin required further work in cooperation with all stakeholders. He thus urged the international community to provide continued support to Benin in order to promote civil and political liberties, as well as economic and social development.
In his concluding remarks, Fabian Omar Salvioli, Chairman of the Committee, urged the delegation to provide more detailed information on the practical implementation of the Covenant, notably about the cases of torture, infanticide, and protection for children accused of sorcery, and to heed the concerns voiced by Committee Experts.
The delegation of Benin included representatives from the Permanent Mission of Benin to the United Nations Office at Geneva, the Ministry of Justice, Legislation and Human Rights, and the Ministry of Foreign Affairs, African Integration and Francophonie.
The Human Rights Committee will next meet in public on Wednesday, 28 October, at 3:30 p.m. to discuss its methods of work, and the General Comment on Article 6 on the right to life.
Report
The second periodic report of Benin (CCPR/C/BEN/2) is available here.
Presentation of the Report
ELOI LAOUROU, Permanent Representative of Benin to the United Nations Office at Geneva, said that the country report was the result of an inclusive process of national consultation during which both State and civil society actors were involved. Sectoral consultations were organized at the ministerial level and those observations were examined by the National Committee for the Implementation of International Treaties. Benin had pursued the ratification and internalization of international human rights instruments. On 5 July 2012 it had acceded to the Second Optional Protocol of the Covenant, which led to the abolition of the death penalty and the reinforcement of national provisions for the right to life. A new Penal Code had been drawn up in 2013 and it was under discussion. In the meantime, the Government had issued a note on 2 November 2012 to notify different jurisdictions of the adhesion to the Second Optional Protocol of the Covenant.
Regarding progress in the area of non-discrimination, on 9 January 2012 Benin adopted a law on violence against women, whereby Article 5 prioritized the fight for equality between men and women as a national priority. In order to combat racial discrimination, the Government had organized two awareness raising days in 2010 and 2011, in cooperation with the Office of the High Commissioner for Human Rights. It had also adopted a plan of action in October 2014. In order to improve access to justice, in October 2014 the Government had adopted the National Policy for the Development of the Judiciary through the following steps: strengthening of the legislative, normative and institutional framework; modernization of legal services; harmonization of the penitentiary system with international standards; and improvement of the promotion and protection of human rights.
Major changes had been made through the enactment of the new Code of Criminal Proceedings in order to improve the living conditions, notably through the creation of a corrections commission, a commission for compensation of illegal detention, legal duration for arbitrary detention, and the creation of a chamber of judges for granting and refusing bail. As for violence against women and girls, in cooperation with civil society actors, in 2012 the Government had created support centres to deal with victims of gender-based violence and to offer them legal, psychological and medical assistance. The rights of the child had also been reinforced. The National Child Protection Policy had been adopted in October 2014. In January 2015 the Code on the Rights of the Child had been adopted, and Benin had also acceded to the Convention on Protection of Children. In addition, child friendly courts had been established in 2014.
In 2013 a new Election Code had been adopted and it instituted a National Election Commission, tasked to organize national, regional and local elections. The Government was elaborating a new law on freedom of association, and a law on trafficking in persons, in line with international standards. In March 2015 an Information and Communication Code had been adopted and it decriminalized defamation. The Government was also in the process of creating a National Commission on Human Rights. Regarding cooperation with United Nations Special Procedures and mechanisms, Benin had welcomed a visit by the Special Rapporteur on the sale of children, child prostitution and child pornography in November 2013. The recommendations stemming from that visit would form the basis of a plan of action. Benin was also preparing for a visit from the Sub-Committee on the Prevention of Torture in December 2015.
Questions by the Experts
An Expert applauded the efforts made by Benin in the promotion and protection of human rights, especially the abolition of the death penalty, the adoption of laws to combat violence against women and children, the law on information and communication, and the establishment of the National Human Rights Commission.
As for the applicability of the Covenant and dissemination of the Covenant among lawyers and judges, the replies by the State party were quite general. Which courts invoked the Covenant and what had been the result of that? What were human rights law clinics? The Constitution of Benin stated that the ratified international treaties and agreements prevailed over national laws. Did Benin apply the principle of reciprocity to the Covenant?
Regarding the National Human Rights Commission, could the delegation update the Committee on the provisions of the implementing decree? What measures had the Government taken to ensure that the Commission was in line with the Paris Principles? What was its composition, funding, mandate and relationship with civil society?
What did the National Policy for the Development of the Judiciary consist of? Could the delegation provide more information about human rights education at the primary and secondary school level?
Another Expert asked details about measures taken to eradicate discrimination against women. There was a lack of human rights awareness raising among the rural population. As for polygamy, it still persisted in Benin as 41.2 per cent of women were in polygamous marriages. What measures were being taken to protect those women and to abolish polygamy in practice? The Committee would like to see polygamy defined as discrimination against women. What measures were being taken to increase women’s participation in various spheres of public life? Women had difficulties in joining political parties and standing for election. There was also the issue of women’s access to land and property.
Regarding violence against women and inter-family violence, an Expert welcomed the creation of comprehensive support centres for victims of such violence. However, it seemed that women’s rights were not properly understood in Benin. Was the 2012 law on violence against women applied and how? Was the law disseminated enough among women? What were the criminal provisions for violence against women, particularly in the case of marital rape? Did victims have the right to reparations and adequate access to justice? How many complaints had been received? The practice of early and forced marriage was still prevalent in Benin as part of tradition. However, it impeded the rights of women.
An act of 2003 prohibited female genital mutilation and as a consequence practitioners had to move their practice to neighbouring countries. What was the percentage of women affected by female genital mutilation?
Another Expert inquired about the living conditions in prisons, noting that prisons were overcrowded which led to a poor level of the services provided. There were reports that some cells were assigned to VIP prisoners. There were reports that pre-trial detention was prolonged routinely and that it could even be prolonged indefinitely. It was not clear when the newly established automatic release of detainees would be implemented. The new Criminal Proceedings Code allowed judges to extend pre-trial detention only twice and only for six months. However, that provision did not apply to most prisoners. Since almost 75 per cent of prisoners were in pre-trial detention, the new Criminal Proceedings Code would require them to either be released or tried. Could the delegation clarify that situation? Defendants awaiting trial could request bail. Was it a practice or a legal requirement for judges to order bail?
As for juvenile and female prisoners, were they kept in the same cells as adult male inmates? Out of all juvenile prisoners, only two were convicted. What were the detention periods applied to juvenile offenders? The right of detainees should be guaranteed through the provision of legal and medical assistance from the moment they were brought into custody. Was any compensation given to illegally held detainees?
Another Expert inquired about the right to life and the prohibition of torture and any other form of cruel and inhumane treatment. The draft bill to amend the Criminal Code had been under consideration since September 2013. When would the final vote to pass that law take place? The progress indicated in the draft bill would lead to improvements for security and liberty of persons, and the right to a fair trial. The legal definition of torture seemed to have been brought in line with international standards. Could the delegation provide the exact wording for torture as presented in the draft bill? Did the draft bill include a provision on statements obtained through torture? What legal remedies were available for victims of torture? Was the National Observatory for the Prevention of Torture still envisaged?
Civil society reported on cases of individuals being beaten up in police stations. What steps had been taken to bring the perpetrators to justice? In what ways was it ensured that remand prisoners received adequate legal, psychological and medical assistance? Did the Public Prosecutor’s Office have the duty to initiate immediate investigation of cases of alleged torture? Was training on torture provided to police officers for prevention purposes? What was the exact scope of the 1991 Amnesty Act with respect to crimes of torture? The Committee believed that such a law was not necessary today.
Why did the abolition of the death penalty not have immediate effect on those who were currently on the death row? Those prisoners were subjected to special and more severe conditions of imprisonment. Mob justice continued to take place in Benin, as well as infanticide and ritual killings. What did the State plan to do to prevent those practices based on superstition?
The investigations of deaths and attacks on journalists and civil rights activists were under way. Could the delegation explain what it had done to prevent interference in the investigations?
Responses by the Delegation
The delegation explained that the efforts of the Government to promote human rights would take time, but that it hoped to improve its work in that respect through the interactive dialogue with the Committee. As for the legal and institutional framework for the implementation of the Covenant and the principle of reciprocity, the principle of reciprocity was not applied in a blanket and absolute form. On the basis of the principles of international law, treaties were ratified with a view to be implemented. Since December 2006, when the Covenant was published in Benin’s Official Gazette, the Covenant had been an integral part of Benin’s legal order. The Covenant was made known to the judiciary through trainings events for lawyers, judges and members of the media sector.
The delegation reassured the Committee that it took seriously recommendations from treaty bodies. Every concerned Ministry took on tasks to monitor what had been done and remaining challenges. The National Human Rights Commission would be composed of 11 members and two deputies appointed by a selection committee. They would represent the judiciary, media, trade unions, employers and civil society. Regarding the independence of the Commission and its compliance with the Paris Principles, the appointment was a peer-led process and funding was provided by the State.
Benin had prepared a number of awareness raising programmes with respect to human rights. A noteworthy programme that had been in place since 2007 involved the establishment of school clubs at the local level as part of a grass-roots effort. It had been implemented in most parts of the country. In January 2016 a five-year national awareness raising programme would begin. The Government had distributed human rights quizzes at human rights legal clinics to mark the international human rights day. Human rights legal clinics were comprised of legal practitioners who answered various questions and concerns of the public. Various ministries provided support for awareness raising programmes. Human rights were not systematically included in curricula in secondary schools, but they were part of civic education and history lessons. At the university level, human rights were taught at the Law Faculty. Within higher education, sub-regional trainings on human rights were provided. Digests of regional and international human rights mechanisms were available.
Non-discrimination and gender equality were enshrined in the Constitution and in the Law on the Fight against Discrimination of Women. A National Gender Promotion Policy was adopted in 2009 to guarantee equal access to education, vocational training and decision-making resources. Training on gender equality was provided widely. The Personal and Family Code granted equal inheritance rights to men and women, as well as equal access to land. The activities of the National Institute for the Advancement of Women were various, including training and a document centre. Only monogamous marriage was recognized in Benin. However, some women became concubines. The Personal and Family Code was widely distributed among women, including in rural areas.
Three support centres for women victims of violence had been set up. The Ministry of Justice allocated prosecutors who would work on behalf of women. Training and awareness raising were under way. The law defined sexual harassment, forced marriage, spousal rape, and female genital mutilation as forms of violence against women. Fines and sentences were defined, as well as remedy for victims.
Torture was defined by the Criminal Proceedings Code, which incorporated all recommendations from the Committee against Torture, including those on the legal definition of torture. Victims of torture could gain assistance from the beginning of an investigation. No statement obtained through torture could be used in court. When Benin became party to the Optional Protocol to the Convention against Torture in 2006, an assessment had been carried out of national mechanisms for the prevention of torture. Since they were not sufficient, a new mechanism had been created through the Criminal Proceedings Code. A draft decree was currently under review.
The 13 prisoners who were on death row had been transferred to a civilian prison in compliance with international standards. Those prisoners would have their sentences commuted.
The new Criminal Proceedings Code defined provisions for pre-trial detention and compensation in case of abuse of detention and excessively long remand. The compensation commission was not yet operational. Since 1 January 2010 the Government had increased hot meals distributed to detainees. Also, it was established that a certain number of detainees could be released. Comparative tables with periods and reasons for detention had been prepared. New detention facilities had been constructed and their services improved. Medical support for detainees had also been improved. There were different activities for detainees carried out in prisons. The Government took note of the Committee’s recommendation on the Paul Mitonsou Zinsou case and it was examining the issue. The reform of the Criminal Code was in its last phase. The European Union had helped a great deal, as well as France, in the preparation of the document. As for the 1991 Amnesty Law, it was necessary as an appeasement law to ensure national reconciliation.
The National Assembly had set up a quota system for the participation of women in political and public life. The investigation of the deaths and attacks on journalists and civil society activists were under way. The delegation assured the Committee that the judiciary was independent.
Follow-up Questions by the Experts
Experts reiterated their questions about infanticide and ritual killings of children, which were reported by civil society. Due to the secrecy of ritual killings, there was not much information available. Nevertheless, most independent observers agreed that the phenomenon did exist. What steps was the State party taking in order to fight that phenomenon? Experts also inquired about sexual abuse and violence against girls in schools and State care institutions, noting that the State party’s report had not referred to that matter at all.
The draft Children’s Code had not yet been adopted. When would it come into effect and how was the promulgation procedure organized? What were some concerns about the Code that had been expressed by the Parliament? What activities had been taken to disseminate the text of the draft Children’s Code? As for the registration of births, the Expert welcomed the progress made and the fact that up to 80 per cent of births were registered. At the same time, independent experts and civil society had expressed concerns about corruption. It was sometimes difficult to obtain birth certificates due to informal charges. The registration should take place within 10 days of birth, which was difficult to observe in cases when the birth took place outside hospitals and in the countryside. What was the percentage of registration of orphaned children in institutions? It also seemed that students were not able to pass exams without birth certificates, which caused them to drop out of school.
Regarding trafficking in children and child forced labour, draft legislation on human trafficking had been submitted to Parliament for review. What specific laws were in place to fight trafficking in children? What compensation would be provided to victims? What was the provisional timetable for the adoption of the draft law? The practice of “vidomégons” (children placed in different families as domestic servants) was still deeply rooted in Benin’s tradition. Frequently those children would become slaves in their new families. What specific measures were being taken to combat that practice? Were there figures that would back up the State party’s claim that the practice had diminished?
What actions was the State party taking to send a clear message to law enforcement officials that the use of torture and cruel treatment was unacceptable? The Committee had received information about increased instances of expedited justice in Benin. What measures had been taken in order to ensure due process? As for the 1991 Amnesty Law, the Committee did not agree with the delegation’s justification for keeping that law.
Regarding the issue of the independence of the judiciary and the right to a fair trial, an Expert asked for specific information about the process of appointment and dismissal of judges and public prosecutors. It was noted that the judiciary was not entirely independent from the executive branch and that the judiciary had still been struggling to eliminate corruption, despite the fact that a law on corruption had been adopted in Benin. What were the practices concerning the renewal of judges’ mandates? What were the reasons for their dismissal? There were concerns that political issues were involved in the process. Were the issues that had led to a strike of judges resolved?
As for the new Criminal Proceedings Code, civil society representatives had stated that there was still work to be done, namely in defining detention periods and in taking measures to further facilitate access to legal aid, especially to persons with limited financial resources. An Expert sought clarification about pre-trial detention periods, and about the ratio of convicted persons and those who were still in detention. A legal aid system was not yet available. What steps had been taken to implement the new system of legal aid?
An Expert regretted that some oral replies had been the repetition of the written replies submitted by the delegation. He asked for statistical data on the representation of women in political and public life. Another Expert reiterated her question about the measures taken to counter enforced and early marriages, and she reminded the delegation that it had not provided a specific response regarding statistical data on the current situation of female genital mutilation, and the outcome of the prohibition of that practice.
Speaking on freedom of expression and criminalization of defamation, an Expert noted that there had been an increasing number of defamation charges against journalists. The Law on Information and Communication had decriminalized defamation. However, sentences were still being handed down based on the old law. Custodial sentences had been handed down for insults against the head of state and for incitement to crime. Could actions that did not cause real danger and harm still be prosecuted?
In its reply on the question about the restriction of public gatherings, the Government explained that such restrictions had been guided by safeguarding public order. When would the Government review the relevant law? What measures had been taken for creating an environment where the media could express themselves more freely? What was the content of the Law on Information and Communication which entered into force in May 2015? The head of the Audio-Visual and Communication Authority was elected by the Government. How did that ensure that the Authority was independent from the executive branch?
As for human rights education at primary and secondary schools, was the teaching material provided and were teachers trained in human rights? How was information about the Covenant disseminated? The State party previously stated that it had published a handbook on the Covenant and organized human rights legal clinics. Could the delegation provide information about human rights legal clinics? How was civil society involved in the preparation of the country report?
Answers by the Delegation
The delegation explained that Benin’s legal system was relatively new and that the country still needed to make more progress in its development. It was stressed that the judiciary was independent from the executive branch. The fact that the lawyers’ and judges’ union had organized a strike testified to the fact that the judiciary was indeed independent.
The 1991 Amnesty Law was passed in view of the circumstances that had prevailed. The country had taken an innovative step in the African context, namely in a transition from a single- to a multi-party system. Benin had always had a strict approach to torture. It was a party to relevant protocols and oversight was duly provided through the active participation of the National Human Rights Commission. Any transition to democracy would involve amnesty and pardons in order to ensure reconciliation and stability. The Amnesty Law provided an opportunity to bring all segments of the society into the fold.
The independence of the judiciary was a reality and not just mere words. As for the appointment of judges and public prosecutors, sitting judges could not be moved or transferred without their prior accord. That was ruled by the Constitutional Court. Judges were independent at all stages of proceedings and they could express their opinion unhindered. Parties in legal proceedings were treated equally and justice was carried out in full respect of the law. The Higher Council of the Judiciary oversaw their appointment and dismissal. Nominations for the appointment of judges and public prosecutors came from the Ministry of Justice and were then voted on in the Higher Council of the Judiciary. The State took an active interest in the appointment of members of the judiciary to ensure the proper work of judiciary bodies. Judges could be subject of sanctions, and in recent years 25 of them had been sanctioned due to the failure to perform their duties.
The requirement of wearing prison jackets was being reviewed. Expedited justice was sometimes carried out. Police forces were being trained on due process. It was true that cases of torture in police stations had been reported, but they were being investigated. It was important to raise awareness among law enforcement officials that torture and cruel treatment was unacceptable.
The new Criminal Proceedings Code had just been adopted. According to it, judges who did not heed the established pre-trial detention periods could be penalized and detainees released. The maximum duration for pre-trial detention was five years, and it could be renewed twice. The age of criminal responsibility had been was raised to 13. When prosecuted for petty offences, it was rare to see minors held in pre-trial detention. Juvenile pre-trial detention was kept as brief as possible. It was no longer the Appeals Court that heard juvenile cases, but the Children’s Court. The draft Children’s Code was adopted in 2013 and it was now in the enactment phase.
Cases of torture committed by law enforcement officials were under investigation and could result in the withdrawal of police credentials. There was no differential treatment of detainees with respect to the new Criminal Proceedings Code.
The deadline for birth registration had been extended to 30 days. Awareness campaigns had been organized in order to prevent drop out from schools by girls. As for the sexual abuse and violence suffered by girls in schools and state care institutions, such cases were taken very seriously. A committee had been set up, supported by UNICEF, in order to examine such cases and to monitor their legal prosecution up to the compensation phase. As for the infanticide of the so-called “witch” children, it was included in the revised Criminal Code and Children’s Code. Franciscans Benin worked with the Government to draw up the draft Children’s Code. With the support of UNICEF, the draft Children’s Code of 2014 had been disseminated.
As for human rights education in primary and secondary schools, it was provided through history and geography lessons in secondary schools. Support material and training courses had been provided by the Ministry of Justice through the Human Rights Directorate. Philosophy teachers had been undergoing specific human rights training, as well as history and geography teachers.
The Covenant had been published in the Official Gazette, and a series of training sessions for members of the judiciary had been held. The security forces and criminal prosecution officers had also received specific human rights trainings. At the communal level, civil society activists and local politicians received human rights training, and their role was to transmit that knowledge throughout the community. School clubs also organized events on topical issues. Civil society had been involved in the drafting of the country report. First, in terms of information and data gathering, and secondly in terms of approval of the draft country report.
As for the limitation on public gatherings, the delegation explained that it reserved the right to protect the general public, and not just demonstrators. Accordingly, it had drafted a framework law on peaceful assembly. As for freedom of expression, the delegation noted that a difference between propaganda and information had to be drawn and that journalists had to respect that difference. The 2015 Information and Communication Code stipulated provisions for access to information, including information of public nature and confidential information. If the newspaper overstepped the mark, the authorities could issue a decision to discontinue their operation permit.
Ritual killings of children were of great concern for the Government. Together with the Government, Franciscans Benin had organized a seminar about that practice. Once the court was informed about infanticide, it took appropriate steps.
Questions by the Experts
An Expert asked about the risk of politicization by the Parliament of the appointment of members of the Constitutional Court.
Another Expert reiterated the question of the “vidomégon” children. Was there any prosecution of ritual killings of children, or of sexual abuse of children? Were ritual killings confined to a certain region in the country? Were there legal provisions to protect children from sexual abuse and labour exploitation?
An Expert inquired about the challenges of the social rehabilitation of prisoners. How long could persons be held in prison? Was detention automatically extended?
Answers by the Delegation
The Constitutional Court was a body enshrined in the Constitution and it was by its nature political. Jurists of the highest calibre were elected to that body, which was decisive in providing oversight of all other branches of the Government. Members were entirely independent and in the past the Court had always functioned correctly.
The practice of “vidomégon” had been decried in recent years. A large proportion of the population of Benin, however, had gone through that phenomenon in the past and some abuse had been recorded. The practice had been declining in recent years due to the availability of free public education. Usually the process of return of “vidomégon” children to their original families went well. In other cases, there were shelters set up for them.
As for social rehabilitation of prisoners, some prisoners had expressed the intention to remain in prison, which was a widespread phenomenon in Africa. There was a need to prevent repeat offending.
There were legal provisions for protecting children from sexual trafficking and labour exploitation, which were enshrined in the Personal and Families Code and in various legal provisions and decrees on the prevention of human trafficking and labour exploitation. There were also inter-state agreements to combat child and human trafficking and exploitation with neighbouring countries. A new draft bill on human trafficking was under review.
Detention was not automatic and since the entry of the new Criminal Proceedings Code, a penalty judge decided whether detention should be continued. Detention could only be extended once.
Concluding Remarks
ELOI LAOUROU, Permanent Representative of Benin to the United Nations Office at Geneva, expressed gratitude to the Committee Experts for their comments, adding that the Government of Benin had always been committed to the promotion and protection of human rights. That process required further work in cooperation with all stakeholders. Mr. Laourou urged the international community to provide continued support to Benin in order to promote civil and political liberties, as well as economic and social development.
FABIÁN OMAR SALVIOLI, Chairman of the Committee, noted that the Committee lacked detailed information on the practical implementation of the Covenant in Benin, notably about cases of torture, infanticide, and protection for children accused of sorcery. Reminding that Committee Experts had voiced concerns on a number of points, he urged the delegation to heed them.
For use of the information media; not an official record
CT15/037E