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Benin report - Institut Africain de la Gouvernance

Benin report - Institut Africain de la Gouvernance

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CHAPTER FOUR: ECONOMIC GOVERNANCE AND MANAGEMENT__________________________________________________________________________difficulties of making a clear distinction between politics and the judiciary;difficulties re<strong>la</strong>ting to the very functioning of the administration, markedby the existence of service re<strong>la</strong>tions – a situation of <strong>de</strong>pen<strong>de</strong>nce resultingfrom its excessive ranking;<strong>de</strong>ep-rooted nepotism; andfavouritism at all levels where appointments are reserved for those whocan serve selfish interests.477. With regard to money <strong>la</strong>un<strong>de</strong>ring in the country, the CSAR mentions that itsprevalence is not known. However, some key measures have been taken interms of legis<strong>la</strong>tion, policies, programmes, institutional <strong>de</strong>velopment and theallocation of resources to combat money <strong>la</strong>un<strong>de</strong>ring in the country. Forexample, the Directive and the Single Law on the fight against money<strong>la</strong>un<strong>de</strong>ring in WAEMU member states was adopted by the Council ofMinisters of the AU. <strong>Benin</strong> recently adopted this <strong>la</strong>w in Parliament. However,its entry into <strong>la</strong>w is subject to its promulgation by the head of state.ii.Conclusions of the CRM478. The CRM notes that the CSAR does not analyse the categories of corruption in<strong>Benin</strong> in a manner that would enable the recommendations to address thespecific forms and modalities of corruption. However, the discussions withstakehol<strong>de</strong>rs and additional reading helped to show that the most commonforms of corruption are bribery, tax and customs evasion, over-invoicing ofservices provi<strong>de</strong>d to the state through government contracts, un<strong>de</strong>r-invoicingof <strong>de</strong>bts owed to the state, misappropriation, influence peddling, favouritism,and vote-buying during elections. The areas most affected by these practicesare public administration (in general), state financial administration (taxation,customs and government contracts), politics and justice (also see ChaptersThree and Five).479. The CRM also notes that the CSAR lists the causes of corruption in <strong>Benin</strong> butoverlooks the weaknesses in control bodies and their <strong>de</strong>pen<strong>de</strong>nce onpoliticians and top officials in public administration. This <strong>la</strong>ck of in<strong>de</strong>pen<strong>de</strong>ntoversight transfers control to those with the most power. On the other hand,there are factors that encourage partiality in <strong>de</strong>cision making, andconsequently spread corruption. These are: the ignorance and illiteracy of thepopu<strong>la</strong>tion; impunity; <strong>de</strong><strong>la</strong>ys in providing public services; the excessivecentralisation in public administration; political favouritism in the appointmentof top officials because of the absence of job <strong>de</strong>scriptions and career p<strong>la</strong>ns;and the acceptance of the practice of offering gifts and of preferentialtreatment.480. With regard to the fight against corruption in its different forms, the CSAR issilent on some commendable efforts ma<strong>de</strong> by the government of <strong>Benin</strong> sincethe 1990s. However, these efforts are ineffective in view of the magnitu<strong>de</strong> of170

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