Benin report - Institut Africain de la Gouvernance

CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE__________________________________________________________________________according to custom. These courts that were first developed in the rural areasare beginning to gain ground countrywide. While they are seen as a relief forthe country‟s congested courts, the decisions taken by those courts are often inviolation to human rights. These courts are presided over by village chiefs,elders or retirees with no formal legal training. The decisions they take areoften contrary to the cases and jurisdiction of common law 9 ”.135. The CRM observed that most of the disputes in rural areas are land related,and stakeholders believe that over 60% of cases pending at the courts are landrelated. The sluggish justice system has often been condemned, as havecorrupted judges who continually adjourn cases. Indeed, in many cases, anordinary citizen could request that the final decision on the ownership of a plotof land or field be adjourned. This creates a state of judicial insecurity.136. The rural dwellers have been increasingly resorting to traditional authorities tomanage and settle their disputes. However, in most cases, the decisions takenby the traditional justice system are referred to the country‟s courts byplaintiffs whose suits are dismissed by traditional courts. If this situation is notregulated and controlled, it could degenerate and undermine local investment,the climate needed for economic investment, development and social peace ingeneral.Faith-related conflicts137. The CRM was satisfied with the establishment of the faith-basedconsultation framework, some of whose objectives are:to contribute significantly to the entrenchment of democracy in Benin;to work towards good governance, poverty reduction, underdevelopmentand corruption as part of the national policy on change; andto foster the peaceful coexistence of all religious denominations in Beninin order to promote peace and understanding.138. The CRM welcomes this laudable initiative given that, in many West Africancountries, religious conflicts are a source of great concern because of theirmagnitude and disastrous effects on peace and economic and socialdevelopment.139. Conflicts with neighbouring countries. While the CSAR noted the existenceof border and cross-border disputes – one recent example being the disputebetween Benin and Niger concerning the ownership of Lété Island (decided infavour of Niger by the International Court of Justice) – it does not name othercountries, like Nigeria and Burkina Faso, which have similar disputes.140. According to local government officials, some of the causes of these conflictsare:9 FIDH. July 2004. La justice au Bénin : corruption et arbitraire.74