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Benin report - Institut Africain de la Gouvernance

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CHAPTER SIX: SOCIOECONOMIC DEVELOPMENT__________________________________________________________________________ii.Conclusions of the CRM744. The CRM was satisfied that <strong>Benin</strong> has ratified all conventions and adhered tothe co<strong>de</strong>s and standards recommen<strong>de</strong>d by the CSAR. These inclu<strong>de</strong>:The right to <strong>de</strong>velopment enshrined in the African Charter on Human andPeople‟s Rights, including the Protocol to the African Charter on Humanand People‟s Rights re<strong>la</strong>tive to Women‟s Rights in Africa – adopted by the18 th Conference of Heads of State and Government of the OAU on 18 June1981 in Nairobi – was ratified by <strong>Benin</strong> on 20 January 1986. The CRMwas <strong>de</strong>lighted to note that, since 1990 (at the end of the National SovereignConference that brought together the bone and sinew of the nation), theAfrican Charter on Human and People‟s Rights was appen<strong>de</strong>d to the<strong>Benin</strong>ese constitution and adopted at the referendum of 2 December 1990.It is now an integral part of the constitution and <strong>Benin</strong>ese <strong>la</strong>w.The Protocol to the African Charter on Human and People‟s Rightsre<strong>la</strong>tive to Women‟s Rights in Africa was ratified on 30 September 2005.The MDGs, 2000.The United Nations Dec<strong>la</strong>ration on the Right to Development, 1986.The African Charter on the Rights and Welfare of the Child, 1990.The Constitution of the African Union, adopted on 11 July 2000 in Lome,which came into force in 26 May 2001 and was ratified on 11 July 2001.The international CEDAW (Beijing Action Forum). <strong>Benin</strong> ratified theconvention, and its optional protocol was ratified in December 2004.745. However, none of these conventions were published in the Official Gazette ofthe Republic of <strong>Benin</strong>. This could constitute an obstacle to theirimplementation. In addition, the co<strong>de</strong>s and standards were not disseminated tothe people – who are supposed to be the beneficiaries – and only a few havebeen incorporated into national <strong>la</strong>w.iii.Recommendations of the APR Panel746. The APR Panel makes the following recommendations:Publish all instruments ratified by <strong>Benin</strong> in the Official Gazette of therepublic and keep a register of these publications (government).Harmonise <strong>Benin</strong>‟s <strong>la</strong>ws with the ratified instruments which, in principle,take prece<strong>de</strong>nce over national <strong>la</strong>ws (government and Parliament).Establish other mechanisms in or<strong>de</strong>r to take ownership of co<strong>de</strong>s and normsratified at the national level. These should inclu<strong>de</strong> trans<strong>la</strong>ting them into246

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