Benin report - Institut Africain de la Gouvernance

CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE__________________________________________________________________________to the constitution. This states that conscience, competence, probity, sacrifice and loyalty inthe interest of the common good are essential if the legitimate aspirations of the people ofBenin are to be realised.Members of government must declare their faith in the 10 cardinal values listed below as ademonstration of their total commitment to the success of the president‟s programme: (i)public interest takes priority in every decision or action; (ii) liability in the performance ofduties in accordance with the principle of accountability; (iii) integrity, as members are rolemodels in society and champions of public morals; (iv) equity, demonstrated by a desire forsocial justice and fairness; (v) solidarity in government action; (vi) transparency as a symbolof good governance and a reflection of the legitimacy of decisions and actions ; (vii) openmindedness,characterised by objective dialogue based on „republican concepts‟; (viii) civility,reflected in administrative decorum, courteousness and respect for the president of therepublic; (ix) confidence in self, colleagues and partners, without losing sight of theimportance of checking oneself and others; and (x) accountability with regard to the right ofthe people to information.In a society characterised by high levels of corruption, to which it is seeking solutions, politicalleaders would set a clear example if they translated their commitment into action – acharacteristic of dynamic and honest leadership.217. The issue of whether the separation of powers, and its related controlmechanisms, is effective is of major interest in this institutional environment.Since the 1990 constitution came into effect, each of the powers has carriedout its function relatively well. Looking at the CSAR and the TRI reports, veryrarely has the public or even the CRM had occasion to blame the separation ofpowers for a serious problem in a government institution. Parliament regularlyexercises its control over government activities through written or verbalquestions. The Constitutional Court also regularly and independently performsits function of regulating political life.218. However, the poor institutional capacity of some authorities – such as theNational Assembly (as the parliamentarians themselves admit), the SupremeCourt, the High Court of Justice, and the courts and tribunals – must becondemned because it undermines the power of the Executive and its head,who is simultaneously head of state and head of government. This could resultin the abuse and personalisation of the power of the president.219. The work of focus groups and the information gathered by the CRM during itsfield work attest to this. An opinion poll conducted in June 2007 revealed that34.78% of those polled believe that the current constitutional mechanismspromote the separation and balance of powers. However, 15.05% did notagree. This leaves a very high number of people who were noncommittal(50.17%, more than half the interviewees) because they had no knowledge ofthe issues.220. However, many of those interviewed thought that the prerogatives given to theExecutive by the constitution have made the Executive so strong that the otherpowers, particularly the legislature, do not have real influence. Many otherswere emphatic that there is some collusion between powers so that it wouldseem as if there was one power instead of several. It has become imperative tointroduce better checks of the different functions and to strengthen control of96