Benin Legal System

The judiciary has exercised its independence in civil matters. If administrative or informal remedies fail, a citizen may file a complaint with the Constitutional Court about an alleged violation of human rights. The decision of the Constitutional Court is not binding on the courts; However, citizens can use the decisions of the Constitutional Court to take legal action against offenders in the ordinary courts. Judicial decisions other than those of the Constitutional Court may be appealed to the Court of Justice of the Economic Community of West African States and the African Court on Human and Peoples` Rights. In 2016, the government submitted a statement to the African Union Commission recognizing the jurisdiction of the African Court on Human and Peoples` Rights to receive cases from NGOs and individuals. Unlike in previous years, there were no illegal roadblocks. As part of its efforts to reduce corruption, the government has banned roadblocks throughout the country. The majority of children who worked as apprentices were under the age of 14 for apprenticeship, including children who worked in construction, car and motorcycle repair, hairdressing and sewing. Children worked as workers with adults in quarries, including crushing granite, in many areas. Children were temporarily forced to sell property and beg, and street children engaged in prostitution (see section 6).

Children under the age of 14 worked in the formal or informal sector in the following activities: agriculture, hunting and fishing, industry, construction and public works, trade and sales, food and beverages, transport and other services, including employment as domestic workers. International Child Abduction: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the U.S. State Department`s annual report on international child abduction by parents under travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html. Benin has experienced a lot of political instability and unrest. It has suffered from 12 years of unstable government, including several coups that began three years after independence. The regime of President Mathieu Kérékou, who came to power in a coup in 1972, has experienced nearly two decades of fragile but unprecedented stability. The Marxist rhetoric introduced in 1974 culminated in a repressive military regime in the late 1970s, but this had largely ceased by the early 1980s. Meanwhile, however, the Revolutionary People`s Party of Benin (PRPB) was the only legal political party. A national revolutionary assembly, elected by the citizens, elected the president, who was also the head of state. Independent monitoring: The government has allowed prison visits by human rights monitors.

Religious groups and non-governmental organizations (NGOs) visited the prisons, although some NGOs complained that credentials were not systematically issued when making requests for visits. Among the organizations that visited the prisons were the local section of Prison Fellowship, Caritas, Prisons Brotherhood, Christian Action for the Abolition of Torture, the French Development Agency, Rotaract (Rotary International), the International Committee of the Red Cross, Amnesty International and Prisoners Without Borders. On 4 September, the National Assembly adopted Law No. 2018-35 amending and supplementing Law No. 2001-09 of 2002 on the right to strike; in October, the president implemented the law. The law limits the maximum duration of a strike to 10 days per year for all civil servants, local government employees, public and private sector workers and semi-public employees, with the exception of workers excluded from the strike. Under the law, health workers and military and paramilitary personnel – including police, customs, and water, forestry and hunting officers – are excluded from strikes. A minimum service is required for workers performing essential tasks, such as judges, prison and judicial staff, energy, water, maritime and air transport, financial management and telecommunications, with the exception of private broadcasters and broadcasters. Another provision stipulates that strikes motivated by the violation of fundamental rights and generally recognized trade union rights may not result in wage deductions. This pace has shaped business activity in Benin over the past two years as part of the reform of the commercial justice system. “The revelation in the World Bank`s Doing Business report that it takes an average of more than two years to hear commercial cases was a revelation for the administration of justice,” said William Kodjoh-Kpakpassou, President of the Cotonou Commercial Court.

Benin Legal System