Introduction to the Legal and Judicial System of Benin

Gérard Aïvo is an Associate Professor of Law, Professor of Public Law, Head of the Department of Public Law, and Lecturer-Researcher at the Faculty of Law and Political Science of the University of Abomey-Calavi in Benin.

Lazard Hounsa is a Lawyer and Researcher, President of the Association of Young Lawyers of Benin, and a member of the Constitutional Law Center.

NOTE: Access the French version of this article.

REMARQUE: Accédez à la version française de cet article.

1. Introduction

Upon attaining international sovereignty on August 1, 1960, the Colony of Dahomey, created in 1904 and becoming a Republic on December 4, 1954, rose to the rank of a modern state under the leadership of President Hubert K. MAGA, the first President of Dahomey after independence. Located in West Africa, Niger and Burkina Faso border Benin to the north, the Atlantic Ocean to the south, Nigeria to the east, and Togo to the west. Covering an area of 114,763 square kilometers, with an estimated population of eleven million five hundred twenty-seven thousand four hundred twelve (11,527,412) inhabitants in 2018. According to Trading Economics, Benin’s population was 13.8 million in 2024. The Republic of Benin is a French-speaking country with a Romano-Germanic legal tradition.

The country is divided into twelve departments: Alibori, Atacora, Atlantique, Borgou, Collines, Couffo, Donga, Littoral, Mono, Ouémé, Plateau, and Zou. Stretched along its length, it extends from the Atlantic Ocean to the Niger River over 700 kilometers. Its width varies from 125 kilometers (along the coast) to 325 kilometers (latitude of the locality of Tanguiéta).

Benin’s population is very young, with nearly half (46.7%) under 15 years old.[1] The distribution by sex and major age groups shows that the population is predominantly female (51.2%). People aged fifteen to fifty-nine represent 52.2%. Regarding the place of residence, 44.6% of Benin’s population lives in urban areas and 55.4% in rural areas.[2] Since it acceded to international sovereignty, the Republic of Benin has experienced a tumultuous constitutional and political history. The years 1960 to 1972 were marked by great instability with the succession of several civilian and military regimes. From 1972 to 1990, the country underwent a military-Marxist revolutionary experiment amid the Cold War. Economic collapse and popular pressure led General Mathieu Kérékou, President of the People’s Republic of Benin and charismatic leader of the revolutionary regime, to organize a Conference bringing together all the Living Forces of the Nation to define a new orientation for state policy. This “National Conference,” held in Cotonou from February 19 to 28, 1990, opted for the creation of a “State based on the rule of law and pluralist democracy in which the fundamental rights of Man, public freedoms, the dignity of the human person and justice are guaranteed, protected and promoted as the necessary condition for the true and harmonious development of every Beninese, both in his temporal, cultural and spiritual dimensions.”[3]

Benin thus embarked on the ongoing process of building a democratic rule of law in all its dimensions and requirements, appearing as a young democracy where the rule of law is built every day, with a dynamic civil society and a hyperactive Constitutional Court that regulates state institutions and protects the fundamental rights of citizens. Territorial administration has been effectively decentralized since 2003. Benin’s Constitutional Court has been one of the most dynamic on the African continent. Since the National Conference and to the present day, there have been seven presidential elections reinforced by four successful transitions of power; nine legislative elections and four communal, municipal, and local elections; and in total, twenty polls organized under the democratic renewal, sixteen of which were peaceful but not without difficulties and delays. The various presidential elections successively placed at the head of the country, Nicéphore Dieudonné Soglo, first President of the era of democratic renewal from 1991 to 1996 (a five-year term), Mathieu Kérékou, the “born-again” for his comeback from 1996 to 2006 (two five-year terms), Boni Yayi, from 2006 to 2016 (two five-year terms), and Patrice Talon from 2016 to 2026 (the second term is ongoing).

Before 2016, Benin was seen in Africa as a “democratic giant” but also as an “economic and infrastructural dwarf,” because the country was not sufficiently reformed and faced many challenges on the economic, infrastructural, and socio-political levels. From 2016 onwards, the country would undergo profound reform. However, the democratic performance that made Benin a model of democracy and stability in Africa was disrupted after President Patrice Talon came to power following the 2016 presidential election. From that year, important political, legislative, economic, digital, and institutional reforms were carried out. On the technical level, most of these reforms undoubtedly enabled the modernization of the country across the economic, infrastructure, industrial, tourism, digital, and sanitation sectors of the living environment.

However, on the political level, some of the reforms undertaken generated acute political crises and marked a democratic retreat.[4] Three factors induce this democratic decline. First, there was the revision of the Beninese Constitution on November 7, 2019, which opposition political parties and movements consider non-consensual.[5] Then, there were the legislative elections of April 28, 2019, which took place in a context of high political tension and which allowed the election of deputies from only the two parties of the presidential movement (Progressive Union, forty-seven seats, and Republican Bloc, thirty-six seats, with a turnout of 27.12%,[6] the lowest since the advent of democratic renewal). It was necessary to wait for the legislative elections of January 8, 2023, for the opposition party “Les Démocrates” to enter parliament with twenty-eight deputies out of 109, the rest being won by the two parties of the presidential movement.[7] The opposition’s entry into parliament lowered political tension in the country. Finally, the third crisis-generating factor was the adoption of Law 2019-43 of November 15, 2019, on the Electoral Code in the Republic of Benin, amended and supplemented by Law 2024-13 of March 15, 2024. The opposition criticized it, and some civil society actors, as well as religious denominations, who are calling for a relaxation of the conditions for participation in elections (sponsorship) and the conditions for validating seats won at the polls (the obligation to obtain 20% in each electoral constituency at the risk of losing everything) before the 2026 elections.[8]

Benin remains a poor country in the global ranking of states, but is making significant progress on certain indicators, such as increases in enrollment rates, particularly girls’; the emergence of a middle class; and the diversification of its export products. The challenge of economic and social development remains a national priority, as it does in many sub-Saharan African countries.

A former French colony, its legal and judicial system remains marked by this heritage, characterized by the more or less pronounced reception of the French model patterned on Romano-Germanic law. We will present its main features here.

2. The Foundations of Benin’s Legal System[9]

The democratic option adopted by Benin in 1990, following the “National Conference of the Living Forces,” led to the adoption of a new Constitution on December 11, 1990. This Constitution in its Preamble reaffirms the attachment of the Beninese people to the “principles of democracy and Human Rights as defined by the Charter of the United Nations of 1945 and the Universal Declaration of Human Rights of 1948, as well as to the African Charter on Human and Peoples’ Rights adopted in 1981 by the Organization of African Unity (became the African Union in 2002), ratified by Benin on January 20, 1986 and whose provisions form an integral part of the Constitution and Beninese law and have a value superior to domestic law. To this end, it established a state based on the rule of law, the separation of powers, and the guarantee of fundamental rights.

2.1. The Enshrinement of the Separation of Powers

The Beninese Constitution was adopted following a popular referendum on December 2, 1990. This Constitution establishes a unitary, decentralized, democratic, and secular state, based on the principle of the separation of powers between the executive, legislative, and judicial branches.[10] The regime is presidential. Since 1990, presidential and legislative elections have been organized at regular intervals, despite the financial difficulties involved.

It establishes a presidential regime with checks and balances. Benin is practically the only country in the French-speaking region to have opted for a presidential regime based on a pronounced separation of powers. In practice, a salutary competition has been established between the executive and legislative powers, which, despite their imperfections and sometimes their excesses, enjoys broad consensus. First, as the American practice teaches, a certain functional collaboration between the powers is necessary for the proper functioning of the State. That is why some instruments inspired by parliamentarism were introduced: the advisory opinion of the Bureau of the National Assembly is required before the appointment of any minister, and above all, the Assembly can question the Government or one of its members and make recommendations to it after debate. Then, concerning the control of law-making, there is in this matter, “a lion’s share of powers in favor of the executive.”[11]

When the bill (presidential origin) or the proposed law (parliamentary origin) is submitted to the National Assembly, it is transmitted to the competent Standing Committee, which examines it and prepares a report. The report and the text of the bill or proposed law are scheduled for discussion in plenary. Deputies can then make amendments. The text is discussed, article by article, then as a whole. The government attends the committee’s work and plenary sessions, and it can intervene. If the text is passed, it is sent to the President of the Republic for promulgation. If the President of the Republic refuses to promulgate a law passed by the National Assembly within the required time frame (fifteen days), without requesting a second reading or a review of the constitutionality of the laws, the President of the National Assembly can refer the matter to the Constitutional Court to proceed with the enforcement of the law if there is no conflict with the Constitution.

However, this is, indeed, the only concession made to the legislative power in matters of procedure and legislative powers. Indeed, several other provisions of the Constitution give the President of the Republic preeminence in matters of law-making control. Thus, pursuant to Article 105, paragraph 1 of the Constitution, “the initiative of laws belongs concurrently to the President of the Republic and to the members of the National Assembly.” The availability of human and financial resources is very largely favorable to the Executive, which holds the Administration and all related means. At the same time, deputies have at their disposal assistants attached to their technical committees to help them in their tasks. Furthermore, the Beninese Executive can benefit from the delegated legislation procedure, which, pursuant to Article 102, authorizes the government, for the execution of its program, to ask the National Assembly to pass a law authorizing it to take by ordinance, for a limited period, measures that are normally within the domain of the law.

To strengthen this mechanism, Article 88 of the Constitution gives the President of the Republic the power to convene extraordinary sessions of the National Assembly. Moreover, in addition to the legislative initiative conferred by the Constitution on the Executive, the President of the Republic can enact autonomous regulations. While the legislative powers of parliament are strictly delimited by Article 98 of the Constitution, the regulatory powers of the President of the Republic are extended to “all matters other than those within the domain of law” (Art. 100). Finally, Article 58 of the Constitution gives the President of the Republic, after the formalities of consulting the President of the National Assembly and the President of the Constitutional Court, the power to initiate a referendum on any question relating to the promotion and strengthening of human rights, sub-regional or regional integration, and the organization of public authorities. In contrast, such an initiative can only be taken from the parliamentary side after agreement of three-quarters of the members of the National Assembly (Art. 108).

2.2. The Guarantee of the Rule of Law

One of the great innovations of the Constitution of December 11, 1990, revised on November 7, 2019, is the incorporation of the African Charter on Human and Peoples’ Rights, whose provisions have the force of law superior to domestic law. The introduction of the African Charter on Human and Peoples’ Rights into the country’s fundamental law reflects the determination of the founding fathers to promote human rights and guarantee their respect. In addition to the introduction of the African Charter, the Constitution contains a title with 34 articles solely dedicated to the “Rights and Duties of the Human Person.”[12] Article 8 of the Constitution states in particular that “the human person is sacred and inviolable. The State has an absolute obligation to respect and protect it. It guarantees its full development. To this end, it ensures its citizens equal access to health, education, culture, information, vocational training, and employment.” Furthermore, under Article 26, the State must ensure “equality for all before the law without distinction of origin, race, sex, religion, political opinion or social position. Men and women are equal in law. The State protects the family and particularly the mother and child. It looks after the disabled and the elderly.” The recent 2019 constitutional revision instituted affirmative action in favor of women by supplementing Article 26 with the following paragraph: “However, the law may establish special provisions for improving the representation of the people by women.”

To prevent the fundamental rules thus established from becoming dead letters, a Constitutional Court is established as the Highest Jurisdiction of the State in constitutional matters.[13] It is the judge of the constitutionality of laws and regulatory acts, and it guarantees the fundamental rights of the human person and public freedoms. It is also the regulatory body for the functioning of the Institutions and the activity of public authorities.[14] The decisions of the Constitutional Court are not subject to any appeal and are binding on public authorities and all civil, military, and judicial authorities (articles 114 and 124 of the Constitution).[15]

In matters of human rights protection, constitutional justice, despite some sibylline decisions,[16] remains credible.[17] The Constitution provides for two modalities of constitutional review: direct review and indirect or incidental review.

Direct review aims first to prevent the entry into force of norms suspected of unconstitutionality, thus avoiding their production of legal effects. Secondly, its purpose is to reduce, or even eliminate, reservations that could be raised regarding the constitutionality of the text during its application. Direct review operates through action. It can be exercised a priori or a posteriori. In Benin, it covers organic laws, general laws, regulatory acts deemed to infringe human rights, the internal regulations of the National Assembly, the High Authority for Audio-visual and Communication (HAAC), and the Economic and Social Council (CES),[18] as well as international treaties and agreements.[19] Despite the right of a posteriori referral open to all citizens and in accordance with Article 117 of the constitution, laws almost systematically pass through the filter of the Constitutional Court before their promulgation.[20] However, it should be noted that a priori review of the constitutionality of ordinary laws is optional before they enter into force, whereas that of organic laws is mandatory.

In contrast to direct review, indirect review is exercised upon referral by a court seized of an objection of unconstitutionality. It concerns only laws.[21]

In law, it is not common for court decisions to be subject to constitutional review. But according to the jurisprudence of the Constitutional Court, the abstraction of court decisions from the control of the constitutional judge applies only to the extent that the latter do not violate human rights. Through its jurisprudence, the High Jurisdiction has gradually extended its competence to court decisions that disregard human rights. This movement, initiated in 1996, reached its epilogue on November 11, 2003, when the Court, by decision DCC 03-166,[22] held and ruled that “court decisions were not acts within the meaning of Article 3 para. 3 of the Constitution insofar as they do not violate human rights.”

In other words, they are subject to constitutional review when they infringe these rights. The first court decision sanctioning a Constitutional Court ruling dates to 1996. For having disregarded the constitutional obligation to stay proceedings in the event of an objection of unconstitutionality being raised, the Cotonou Court of Appeal found its interlocutory judgment No. 66 of September 2, 1994, to be non-compliant with the Constitution by the Constitutional Court.[23] On August 20, 2003, for having ignored the principle of adversarial proceedings resulting from the right to defense, the judge of the Lokossa Court of First Instance who rendered judgment No. 960/01 of November 29, 2001 saw his conduct declared contrary to Article 7-c of the African Charter on Human and Peoples’ Rights and Article 35 of the Constitution of December 11, 1990.[24] The Court therefore considered itself competent to judge the constitutionality of the decisions of courts, of courts of appeal, and even of the Supreme Court after having long refused to rule on the constitutionality of Supreme Court rulings under Article 3, para. Under Articles 3 and 131 of the Constitution, the High Jurisdiction also considered the latter to be acts under its control if they violated human rights.[25] The Constitutional Court reaffirmed its position more clearly on August 13, 2009, by decision DCC 09-087. Thus, any act, including court decisions, that violates human rights can be declared unconstitutional.

This extension of competence by the Constitutional Court is highly controversial and raises important legal questions.[26] Reforms aimed at correcting the Constitution’s imperfections in this regard were even considered during the constitutional revision process that culminated in 2019. Finally, it was through legislation that the question of the Constitutional Court’s preeminence over ordinary courts, including the Supreme Court, was settled in 2022. Henceforth, not only are the decisions of ordinary courts subject to appeal before the Constitutional Court, but these courts are also obliged to consider the decisions of the Constitutional Court in their jurisprudence. Indeed, this is the case in Law 2022-10 of June 27, 2022, on the composition, organization, functioning, and powers of the Supreme Court and Law 2022-12 of July 5, 2022, on special rules of procedure applicable before the judicial formations of the Supreme Court.[27] For example, Article 39 of the second law states: “In all matters before the Supreme Court, the review procedure of a ruling may be opened when, after a ruling rendered by the Supreme Court, it is necessary to draw the consequences of a decision rendered by the Constitutional Court having declared said ruling contrary to the Constitution. The review procedure may also be opened against a judgment or a Court of Appeal ruling for the same reason.” Thus, the principle that Supreme Court decisions are not subject to appeal is not absolute, because the Constitutional Court can review their constitutionality, if necessary, particularly in matters of protecting fundamental rights guaranteed by the Constitution.

Benin’s Constitutional Court effectively exercises the powers recognized to it by the Constitution.[28] It regularly rules on cases of human rights violations brought before it by citizens. It produces abundant jurisprudence on Human Rights and other matters within its jurisdiction, published in collections and available online. The various constitutional reviews are effective and result in different kinds of decisions. The Constitutional Court is currently in its seventh term (lasting five years) and enjoys great authority in Benin, even if recent jurisprudential reversals, particularly on the right to strike, have tarnished its image.

Thus, in addition to free access to courts to enforce their rights, citizens can refer any fact or legal situation to the Constitutional Court if they believe it infringes on human rights.

3. Applicable Law

Beninese positive law comprises both internal and international rules. The Beninese Constitution of December 11, 1990, revised on November 7, 2019, defined in its Article 98 the domain of law, leaving other fields free for regulatory acts. Furthermore, international law, with its international standards, greatly influences the content of positive law. Thus, Article 147 defines the mechanism for domestic incorporation of international law. We will present domestic law and international law in turn.

Laws and regulatory acts are published in the Official Journal of the Republic of Benin (J.O.R.B).

3.1. National Law

Article 158 of the Constitution of December 11, 1990, revised on November 7, 2019, specifies that “The legislation in force in Benin until the establishment of the new institutions remains applicable, except for the intervention of new texts, insofar as it has nothing contrary to this constitution.” By so providing, the Constitution allows the persistence of rules before it, including customary provisions. This makes the legal regime complex. Even the Beninese legislator constantly produces the rules necessary to strengthen the rule of law.

3.1.1. A Complex Regime

We will explain the meaning of this legal dualism, which makes Beninese positive law complex, and then outline the fundamental principles for determining the applicable rules.

3.1.1.1. Legal Dualism

The legacy of French colonial rule strongly marks the Beninese legal system. As a result, the country’s legal situation is characterized by the coexistence of modern written law and traditional customary law. The simultaneous application of these two categories of norms leads to the description of Beninese positive law as dualistic.

The coexistence of modern law and customary law, therefore, characterizes the Beninese legal system.[29] Modern law consists of colonial legislation and the written legislation of national origin. French law was first introduced in Senegal in 1830. It was then extended to the other French West African colonies (AOF) by decrees known as “decrees of introduction,” which applied Senegal’s civil, commercial, and criminal legislation.

Currently, modern law consists of texts resulting from varied national legislative activity, covering both public and private law.

As for customary law, it consists of a set of rules derived from local customs. At colonization, these customary rules were collected and transcribed in a document called the “Customary Code of Dahomey.” Its domain essentially consisted of land law, excluding buildings registered in the land register, and personal status. But with the intensification of the legislative production of the Beninese parliament, customary law has almost disappeared in favor of modern law. Thus, since August 24, 2004, Benin has adopted a Persons and Family Code whose Article 1030 states that customs cease to have the force of law in all matters governed by the (…) code. Also, in 2013, Benin adopted Law No. 2013-01 of August 14, 2013, on the Land and Domain Code in the Republic of Benin, which was subsequently amended in 2017. Henceforth, the field of action of customary law is limited to the residual areas of transitional family law and land law.

3.1.1.2. Identification of the Applicable Rule

Three principles determine the applicable law in Benin:[30]

• Principle of legislative specialty
• Principle of legislative autonomy
• Principle of legislative continuity

The Principle of Legislative Specialty: Present-day Benin (ex-Dahomey), having been a French colony, adopted its laws from the French National Assembly, which also intended to apply them in the colony of Dahomey. But for this to happen, a text should expressly require it; either the law itself or a decree.

The Principle of Legislative Autonomy: The Constitution of the French Community of October 14, 1958, created territorial assemblies in the colonies, including Dahomey. Through this reform, the French parliament normally lost the competence to legislate for the colonies. This means that laws adopted after this date could no longer be introduced into the colonies. The parliaments of the colonies thus created allowed them to acquire legislative autonomy.

The Principle of Legislative Continuity: This is the reception of prior law. To avoid a legal vacuum, the newly independent State of Dahomey decided to maintain the prior legal order. This reception of prior law was carried out by clauses of reception of prior law contained in the different constitutions of Dahomey and then Benin. However, the prior law received by the new independent State can only be that for which the local parliament lacked legislative competence. It is possible to provide a brief overview of the legal system using relevant internal legal texts.

3.1.2. A Dynamic Normative System

The last thirty-five years have seen nine legislatures, each as prolific as the others. This legislative productivity has favored the emergence of a vast legislative corpus. Laws have invaded practically all areas. This dashboard will provide information on the evolution of the Beninese legislative corpus, in particular on the progress made toward the objectives of simplification, codification, and/or repeal to strengthen the national legal arsenal.

3.1.2.1. Norms Relating to Public Authorities and Political Life

In addition to the Constitution, several other rules redefine the framework for the functioning of institutions and the activity of public authorities in the State. They constitute the legal foundation for the functioning of institutions and relations between public authorities. With the advent of democratic renewal in Benin, several norms have been enacted in accordance with the Constitution of December 11, 1990, revised on November 7, 2019, to regulate public authorities, the institutions of the Republic, and political activities. Some of these norms have remained stable, while others have undergone successive reforms.

Stable Norms: Among the norms that have remained stable since the advent of democratic renewal, we can cite, among others, the Internal Regulations of the National Assembly, as well as the organic laws on the Constitutional Court, on the High Authority for Audio-visual and Communication, on the High Court of Justice, on the Economic and Social Council, and more recently on the referendum. There is also Law No. 2009-22 of August 11, 2009, establishing the Ombudsman of the Republic, an institution that was not expressly provided for by the Constitution of December 11, 1990. All these rules redefine, in accordance with the Constitution, the framework for the functioning of institutions and the activities of the State’s public authorities. They constitute the legal foundation for the functioning of institutions and relations between public authorities.

Furthermore, in implementing the constitutional provisions on decentralization, several laws have been adopted to ensure the effective functioning of local authorities. These include: Law No. 97-028 of January 15, 1999 on the organization of territorial administration of the Republic of Benin; Law No. 97-029 of January 15, 1999 on the organization of communes in the Republic of Benin; Law No. 98-005 of January 15, 1999 on the organization of communes with special status; Law No. 98-007 of January 15, 1999 on the financial regime of communes in the Republic of Benin; and Law No. 2009-17b on the modalities of intercommunality in Benin.

Moreover, to consolidate democratic gains, the Constitutional Court has reaffirmed certain principles and instituted others. Thus, it invented the constitutional principle of national consensus that must prevail when any major political reform. The same applies to the minority-majority rule that must be imposed when any distribution of positions within the various organs of the National Assembly.

Reformed Norms: Despite the stability of some norms that constitute the legal foundation of the rule of law and the functioning of the institutions of the Republic, many other norms have been reformed, and others adopted to adapt to changes in institutional functioning and transformations in public life. Thus, parliament adopted Law No. 2001-21 of February 21, 2003, on the charter of political parties, which establishes a full multipartism-based party system. This law facilitated the creation of about 200 political parties in Benin. Given the ever-increasing criticism of the party system it established, a new law was adopted to remedy its imperfections. This is Law 2018-23 of September 17, 2018 on the charter of political parties in the Republic of Benin, which set drastic conditions (more than two million CFA francs in deposit to pay before participating in each presidential and legislative election; gather at least 10% of the vote nationally to have deputies) to force existing parties to political regrouping and thus reduce the plethoric number of political parties. As for the legal framework for political competition, it experienced a long period of instability until the advent of the electoral code in 2013. Indeed, to put an end to the risky practice of adopting new electoral rules on the eve of each election, parliament adopted Law No. 2013-06 of November 25, 2013, on the Electoral Code in the Republic of Benin. This law was replaced by Law No. 2018-31 on the Electoral Code in the Republic of Benin as part of a 2018 reform. This code was again recently reformed. Indeed, in accordance with Article 144 of Law 2019-43 of November 15, 2019, on the Electoral Code in the Republic of Benin, the number of deputies in the National Assembly increased from 83 to 109. It should be noted that 24 of the 109 deputy seats are now exclusively reserved for women. Furthermore, under Article 146 of the code, each political party must secure at least 20% of the national vote to win deputy seats in Parliament. But if there is a political agreement between two parties, they are only subject to a 10% threshold. Moreover, the candidate duos for the 2026 presidential election must be sponsored by 15% of deputies and/or mayors, whereas before the modification of the Electoral Code, this requirement was 10%. Thus, it will take twenty-eight deputies and mayors to sponsor a presidential candidate.

3.1.2.2. Laws Governing the Activities of Citizens and Their Relations with Public Authorities

In this area, national legislation also covers the social, judicial, security, economic, and agricultural sectors.

Social Sector

National Labor Legislation:[31] Until 1998, it was Ordinance No. 33 P.R./MFPTT of September 28, 1967, which established the Labor Code, which mainly organized labor relations in the Republic of Benin. This text, which had become obsolete, was replaced by Law No. 98-004 of January 27, 1998, on the new Labor Code. This Code contains very precise rules that guarantee the rights of employees and employers, as well as the modes of settlement of individual and collective labor disputes. Most questions concerning the world of work and labor relations are addressed. We can cite, for example, the conditions for concluding and terminating employment contracts, working hours and rest periods, annual paid leave, salary determination and payment, occupational safety and health, labor inspection, and employment promotion.

This labor legislative framework, deemed too protective of the worker, has undergone some reforms in recent times aimed at reducing certain benefits for the worker, notably the suppression of the indefinite-term contract (CDI) in favor of the fixed-term contract (CDD), the setting of a threshold for compensation for abusive termination, which is capped at nine months’ salary, etc. This is a new framework for labor relations established by Law No. 2017-05 of August 29, 2017, on Hiring, Job Placement, and Termination of Employment Contracts. The same applies to the civil service where the legal framework has also undergone profound changes, with the modification of the general statute of the civil service by the adoption on April 2, 2018 of Law No. 2015-18 on the general statute of the civil service and the advent of new special statutes such as Law No. 2015-20 of April 2, 2015 on the special statute for personnel of public security forces and assimilated, Decree No. 2010-024 of February 15, 2010 on the special statutes of the teaching staff bodies of public universities in Benin, and Law No. 2017-03 on the general employment regime for external collaborators of the State, which establishes a new category of State administrative personnel. Furthermore, the introduction of Law No. 2018-35 amending and supplementing Law No. 2001-09 of June 21, 2002, on the exercise of the right to strike in the Republic of Benin has contributed to the significant reduction of the number of strike days to which workers in the public and private sectors are entitled. In addition to all these legislative reforms, the establishment of community service as an alternative sanction was enacted through Law No. 2016-12 on community service work in the Republic of Benin.

To ensure security in the event of unemployment, illness, disability, widowhood, old age, or other loss of livelihood due to circumstances beyond one’s control, the Beninese legislator has adopted various laws. Among these, there are laws on social security. Indeed, there is Law No. 98-019 of March 21, 2003, on the Social Security Code in the Republic of Benin, which was amended by Law No. 2010-10 of March 22, 2010, amending and supplementing the provisions of Articles 93 and 146 of Law No. 98-019 of March 21, 2003. There is also Law No. 2015-42 of October 17, 2016, establishing the universal health insurance scheme and Law No. 86-014 of September 26, 1986, on the Code of Civil and Military Retirement Pensions: amended in 2005 by Law No. 2005-24 of September 8, 2005, then in 2015 by Law No. 2015-19 of April 2, 2015, which amends and supplements it. There are also Laws No. 2017-06 on the protection and promotion of the rights of persons with disabilities in the Republic of Benin, and No. 2017-28 of December 1, 2017, on the prevention, management, and control of Hepatitis B and C in the Republic of Benin.

Furthermore, Benin adopted a Persons and Family Code in 2004 after several decades of simultaneous application of civil law inherited from French colonization and customary law. Customary law, in its family dimension, had many shortcomings, as it was contrary to Benin’s international human rights commitments, particularly regarding gender equality.

Law No. 2002-07 of August 24, 2004, on the Persons and Family Code in the Republic of Benin:[32] The Persons and Family Code unified the family law applicable to all Beninese. It concerns, among others, civil status, marriage, filiation, adoption, gifts, and successions. This Code introduced innovations into Beninese law, such as the abolition of polygamy, the succession rights of the surviving spouse regardless of the nature or origin of the property, equality of spouses, and equal rights of children regardless of the circumstances of their birth. It constitutes a major advance in resolving legal issues facing the family in Benin. Its effective application is already a reality before the country’s Courts and Tribunals.

Law No. 2006-19 of September 5, 2006, on the Repression of Sexual Harassment and Protection of Victims:[33] The Beninese legal arsenal contains various legal texts in civil and criminal matters. The law on the repression of harassment came into effect in 2006 to complement the existing legal framework and regulate relations between individuals. This law punishes as constituting sexual harassment the act of someone repeatedly giving orders, using words, gestures, writings, messages, uttering threats, imposing constraints, exerting pressure, or using any other means to obtain from a person in a situation of vulnerability or subordination sexual favors for his/her own benefit or that of a third party against the will of the harassed person. In addition to the harassed person, the law protects witnesses and persons who report this offense. It should be noted that there was subsequently Law No. 2021-11 of December 20, 2021, on Special Provisions for the Repression of Offenses Committed on Grounds of a Person’s Sex and the Protection of Women in the Republic of Benin. It aims to combat violence and all forms of discrimination based on sex.

Law No. 2006-04 of April 10, 2006, on Conditions for the Movement of Minors and Repression of Child Trafficking in the Republic of Benin:[34] Benin is one of the states where the phenomenon of child trafficking is regularly denounced. It is to combat this scourge that Law No. 2006-04 of April 10, 2006, on Conditions for the Movement of Minors and Repression of Child Trafficking in the Republic of Benin was adopted. The latter was reinforced by Law No. 2015-08 on the Children’s Code in the Republic of Benin. Its purpose is the designation, protection, and rights of the child. On April 24, 2018, the Beninese legislator also established the legal regime for domestic housing leases.

Laws on Land and Domain Matters:[35] To meet the need to remedy land insecurity, hindering urban planning and the sustainable development of land in general and rural land in particular due to the dualism of the land system (coexistence of the customary system and the registration system), the legislator has progressively arranged the fundamental rules and principles relating to the land regime in the Republic of Benin through the successive adoption of Law No. 2007-03 of October 16, 2007 on the Rural Land Regime in the Republic of Benin,[36] Law No. 2013-01 of August 14, 2013 on the Land and Domain Code in the Republic of Benin, and Law No. 2017-15 amending and supplementing Law No. 2013-01 of August 14, 2013 on the Land and Domain Code in the Republic of Benin.

Judicial and Security Sector: The Beninese judicial sector is in a state of perpetual mutation. Recent reforms led to the advent of Law 2018-13 of July 2, 2018, amending and supplementing Law No. 2001-37 of August 27, 2002, on Judicial Organization and creating the Court for the Repression of Economic Offenses and Terrorism. It should be noted that in 2016, this law on judicial organization in Benin had already been subject to a modification of certain of its provisions, notably by the creation of autonomous commercial courts to replace the commercial chambers that were previously part of ordinary courts by Law No. 2016-15. The new modification of this law aims, among other things, to abolish the Assize Court and to create the Court for the Repression of Economic Offenses and Terrorism. Similarly, Law 2018-15 on the Code of Criminal Procedure modified Law No. 2013-15 of December 17, 2012, on the Code of Criminal Procedure. Also, the country has finally adopted a penal code, which constitutes the repository of all offenses enshrined in Law 2018-15, the Penal Code of the Republic of Benin.

It should be emphasized that, within the framework of implementing these reforms, several commercial courts have been established, administrative chambers have been operationalized in courts of first instance and courts of appeal, and the Court for the Repression of Economic Offenses and Terrorism has been created and is already operational. Similarly, thanks to the American program, the Millennium Challenge Account I, several new courts of first instance have been effectively created in accordance with the law and are operational. To address issues of slowness and to take into account the requirements of the business environment in Benin, Benin has adopted Law No. 2008-07 of February 28, 2011, on the Code of Civil, Commercial, Administrative, Social, and Accounting Procedure. The advantage of this law is to bring speed to Beninese justice in these matters. In the quest for perfection, the Beninese legislator adopted a new law: Law No. 2016-16 of July 28, 2016, amending and supplementing Law No. 2008-07 of February 28, 2011, on the Code of Civil, Commercial, Administrative, Social, and Accounting Procedure. To this battery of laws, other laws relating to the Supreme Court must be added. These are Law 2022-10 of June 27, 2022, on the Composition, Organization, Functioning, and Powers of the Supreme Court and Law 2022-12 of July 5, 2022, on Special Rules of Procedure Applicable before the Judicial Formations of the Supreme Court.

Economic and Communication Sector: Benin has a comprehensive legal arsenal to regulate and promote the economic and communication sectors. These include, among others, Law 2017-04 of October 19, 2017 on the Public Procurement Code in the Republic of Benin; Law No. 2016-24 on the Legal Framework for Public-Private Partnership (PPP) in the Republic of Benin; Law No. 2017-20 of March 20, 2018 on the Digital Code in the Republic of Benin; Law No. 2016-36 of January 23, 2017, regulating Credit Information Bureaus in the Republic; Law No. 2017-02 of May 3, 2017 on Leasing in the Republic of Benin, Law No. 2015-07 on the Information and Communication Code in the Republic of Benin; Law No. 2011-20 of October 12, 2011 on the Fight against Corruption and Other Related Offenses in the Republic of Benin; and Law No. 2006-14 of October 3, 2006 on the Fight against Money Laundering,[37] which was amended by Law 2018-17 on the Fight against Money Laundering and the Financing of Terrorism in the Republic of Benin. This latter law covering the different aspects of money laundering–placement, layering, and integration–was adopted in accordance with WAEMU directives, which prescribe that member states must adopt texts fighting against money laundering.

Environment, Energy, Agriculture: There is Law No. 2017-39 of December 26, 2017, prohibiting the Production, Import, Export, Marketing, Possession, Distribution, and Use of Non-Biodegradable Plastic Bags in the Republic of Benin. To ensure sustainable development, Law No. 2018-18 on Climate Change Regulation in the Republic of Benin was adopted. In the energy sector, Togo shares the Benin-Togo Electricity Code with Benin. In an effort to end conflicts between herders and farmers that have resulted in about 10 deaths each year, Benin has adopted a pastoral code.

3.2. International Law

The application of international law at the national level is generally organized by law or by the Constitution. The question here is how Benin responds to the intrusion of international law into its domestic law. The Constitution provides in its Articles 147, “Treaties or agreements regularly ratified have, upon their publication, an authority superior to that of laws,” and 149, “The Republic of Benin, concerned with achieving African Unity, may conclude any sub-regional or regional integration agreement.”

3.2.1. Regional Integration Norms

Integration law is becoming increasingly abundant as unions multiply and become more complex. The integration law directly affects states’ domestic law regarding regulations. Still, for community directives to be applicable, a transposition law must be passed by the national parliament. Thus, several regional and sub-regional organizations contribute to strengthening the Beninese legal arsenal. These include, among others, the African Union (AU), the Economic Community of West African States (ECOWAS), the Organization for the Harmonization of Business Law in Africa (OHADA), and the West African Economic and Monetary Union (WAEMU).

OHADA contributes to creating a favorable business environment. WAEMU sets the rules for state finance and the monetary union. ECOWAS and the AU create the framework for the free movement of goods and people, the protection of human rights, and the promotion of democracy.

Legislation from the Organization for the Harmonization of Business Law in Africa (OHADA):[38] Created in 1993, the Organization for the Harmonization of Business Law in Africa (OHADA), bringing together sixteen states (Benin, Burkina Faso, Cameroon, Central African Republic, Comoros, Congo-Brazzaville, Côte d’Ivoire, Gabon, Guinea, Guinea-Bissau, Equatorial Guinea, Mali, Niger, Senegal, Chad, and Togo), has undertaken a major effort to modernize business law through the development of “Uniform Acts” directly applicable in the member states notwithstanding any provisions of domestic law, whether prior or subsequent. The Uniform Acts cover different areas of law. Those currently in force relate to the following domains: general commercial law, the law of commercial companies and economic interest groups, securities, simplified procedures for the recovery of debts and enforcement measures, collective insolvency proceedings, arbitration, contracts for the carriage of goods by road, corporate accounting, cooperative societies law, Arbitration Rules, and Rules of Procedure of the Common Court of Justice and Arbitration (CCJA).

OHADA’s objective is to create legal and judicial security in the member states to encourage economic investments and development.

Disputes relating to the application of the Uniform Acts are settled at first instance and on appeal by the courts of the member states (Article 13 of the OHADA Treaty). To ensure uniform interpretation of the Uniform Acts in the sixteen member states of the Treaty of October 17, 1993, which created OHADA, the Organization has been endowed with a single High Jurisdiction, the Common Court of Justice and Arbitration (CCJA), headquartered in Abidjan, Côte d’Ivoire. The CCJA is seized by way of cassation appeal on decisions rendered by the appellate courts of the member states in all cases raising questions relating to the application of the Uniform Acts and Regulations provided for in the Treaty, except for decisions applying criminal penalties. It applies the same conditions to decisions not subject to appeal rendered by any court in the same disputes. In case of cassation, the CCJA hears and decides on the merits. This rather exceptional technique in Francophone African law aims to achieve unification in the interpretation of OHADA law.[39]

WAEMU Financial Legislation: Created on January 10, 1994, in Dakar, the West African Economic and Monetary Union (WAEMU) has as its essential objective the building, in West Africa, of a harmonized and integrated economic space, within which total freedom of movement of persons, capital, goods, services, and factors of production is ensured, as well as the effective enjoyment of the right to practice and establishment for the liberal professions, and of residence for citizens throughout the community territory.

Eight coastal and Sahelian states, linked by a common currency, the CFA franc, and sharing common cultural traditions, make up WAEMU: Benin, Burkina Faso, Côte d’Ivoire, Guinea-Bissau, Mali, Niger, Senegal, and Togo. WAEMU covers an area of 3,506,126 km2 and has 120.2 million inhabitants. The real GDP growth rate in 2017 was 6.7%. (Source: INS/C. UEMOA: RSM June 2018). Its acts and directives also cover the financial systems of the State and its territorial authorities, as well as public and private enterprises. It has a court to resolve disputes concerning its norms, the Court of Justice of WAEMU.

The Legislative Framework Established by ECOWAS and the AU: ECOWAS was created in 1977 for a purely economic purpose. It was, according to the organization’s official terms, to “promote economic growth and development in West Africa,” that is, in the fifteen member states that compose it.

To achieve its objectives, it has adopted protocols such as the protocol on the free movement of persons, the right of residence and establishment in the ECOWAS zone, and the ECOWAS Protocol A/SP1/12/01 on democracy and good governance supplementary to the protocol relating to the mechanism for conflict prevention, management, resolution, peacekeeping, and security. ECOWAS has a court called the ECOWAS Court of Justice.[40]

Furthermore, Benin is a party to the convention of the Organization of African Unity (OAU), the predecessor of the African Union (AU) governing aspects specific to refugee problems in Africa (1973); to the OAU convention on the elimination of mercenarism in Africa (1979); to the cultural charter in Africa, to the African Charter on Human and Peoples’ Rights (1986); and to the African Charter on the Rights and Welfare of the Child (1997). Very recently, it has adopted the African Charter on Democracy, Elections and Governance. It has an African Court on Human and Peoples’ Rights. It should be noted that following the coups d’état in Mali (May 24, 2021), Burkina Faso (September 30, 2022), and Niger (July 26, 2023), ECOWAS imposed drastic sanctions against them. In reaction, these states decided to leave the organization and created the Alliance of Sahel States (AES) on September 16, 2023.

3.2.2. Universal Norms

In addition to regional norms, Benin is a party to several universal legal instruments.
At the universal level, there are three categories of instruments: United Nations (UN) instruments, International Labour Organization (ILO) instruments, and conventions relating to international humanitarian law.

Regarding UN instruments,[41] Benin is a party to the International Covenant on Economic, Social and Cultural Rights (1992); to the International Covenant on Civil and Political Rights and its optional protocol (1992); to conventions relating to slavery (1992); to the status of refugees (1962); and its optional protocol (1969). It has ratified the conventions on consent to marriage, the minimum age for marriage, and the registration of marriages (1965); on the elimination of all forms of racial discrimination (2001); and on the elimination of all forms of discrimination against women (1992). The Convention against Torture and other cruel, inhuman or degrading treatment or punishment (1992); the International Convention on the suppression and punishment of the crime of apartheid (1974); the Convention on the rights of the child (1990); and its two optional protocols (2005) are also part of the human rights legal instruments ratified by Benin. Benin is also a party to the statute of the International Criminal Court (2002), to the convention concerning the fight against discrimination in the field of education (1963), to the convention on the prohibition of military or any other hostile use of environmental modification techniques (1986), to the convention on offences and certain other acts committed on board aircraft (2004), to the convention for the suppression of unlawful acts (2004), and to the convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents (2003). Benin has finally ratified as United Nations instruments, the international convention against the taking of hostages (2003), the convention for the suppression of unlawful seizure of aircraft (1972), the protocol for the suppression of unlawful acts of violence at airports serving international civil aviation (2004), the convention on the marking of plastic explosives and sheet explosives for detection (2003), the convention for the suppression of terrorist bombings (2003), and the international convention for the suppression of the financing of terrorism (2004).

In the field of labor, conventions No. 29 concerning forced labor (1960), No. 87 concerning freedom of association and protection of the right to organize (1960), No. 98 concerning the application of the principles of the right to organize and to bargain collectively (1968), No. 100 concerning equal remuneration for men and women workers for work of equal value (1968), No. 105 on the abolition of forced labor (1961), No. 111 concerning discrimination in respect of employment and occupation (1961) and No. 135 concerning the protection of workers’ representatives in the undertaking and the facilities to be afforded to them (2001) have been ratified by the Beninese state.

In international humanitarian law, the four Geneva Conventions have been ratified by Benin (1961). The same applies to the protocols relating to the protection of victims of international armed conflicts (1986) and to the protection of victims of non-international armed conflicts (1984), as well as protocols I and III relating respectively to the 1980 convention and concerning non-detectable fragments (1989) and the second to the 1980 convention and concerning incendiary weapons (1989). Benin has finally ratified the Convention on Certain Conventional Weapons (1989) and the Ottawa Treaty banning anti-personnel mines (1998).

At the African regional level, Benin is a party to the OAU convention governing the specific aspects of refugee problems in Africa (1973), to the OAU convention on the elimination of mercenarism in Africa (1979), to the cultural charter in Africa, to the African Charter on Human and Peoples’ Rights (1986), and to the African Charter on the Rights and Welfare of the Child (1997).

Community conventional law (uniform laws) is directly applicable. Regarding the application of international conventions signed by Benin, the Constitution provides in its Article 147 that “treaties or agreements regularly ratified have, upon their publication, an authority superior to that of laws, subject, for each agreement or treaty, to its application by the other party.” This text gives primacy to international conventions over ordinary laws, provided they are ratified and then published, subject to reciprocity.[42]

Article 147 of the Constitution allows parties to a lawsuit to invoke the benefit of ratified and published international conventions in disputes concerning them. When such a convention is invoked in a lawsuit, the judge may apply it directly to the case. Thus, for example, a person who is a victim of hiring discrimination can rely, before the Labor Judge, both on national texts that prohibit it (such as Article 4 of the Labor Code) and on ILO Convention No. 111.

4. Judicial Organization of Benin

The Beninese Constitution provides for a Judicial Power comprising two High Jurisdictions: the Supreme Court and the High Court of Justice. The High Court of Justice is a special court, unlike the Supreme Court.

The fundamental principles of judicial organization in the Republic of Benin are defined in the Constitution of December 11, 1990, revised on November 7, 2019, which are supplemented in particular by:

• Law 2018-13 of July 2, 2018, amending and supplementing Law No. 2001-37 of August 27, 2002, on judicial organization and the creation of the Court for the Repression of Economic Offenses and Terrorism;
• Law No. 2001-37 of August 27, 2002, on judicial organization in Benin;[43]
• Law 2022-10 of June 27, 2022, on the composition, organization, functioning, and powers of the Supreme Court;
• and Law 2022-12 of July 5, 2022, on special rules of procedure applicable before the judicial formations of the Supreme Court;
• Law No. 93-013 of August 10, 1999, on the organic law of the High Court of Justice.

4.1. The Judicial Power

According to the Constitution of December 11, 1990, the Constitutional Court is not a component of the judicial power. The judicial power as provided for in Title VI comprises the Supreme Court, the Courts of First Instance and Second Instance, and the High Court of Justice.

4.2. The Supreme Court and the Courts of First and Second Instance

Pursuant to Article 131, paragraph 1 of the Constitution of December 11, 1990, the Supreme Court is the highest jurisdiction of the State in administrative, judicial, and state accounting matters. It is also competent regarding local election disputes. The decisions of the Supreme Court are not subject to any appeal. They are binding on the Executive Power, the Legislative Power, and all courts. The decisions of the Constitutional Court and the Supreme Court are online.

The Supreme Court is headed by a President appointed for a term of five years by the President of the Republic after consultation with the President of the National Assembly, from among magistrates and high-level jurists with at least fifteen years of professional experience. He is irremovable during his term of office, which can only be renewed once.

The Supreme Court is therefore at the top of the judicial hierarchy, which includes the Courts of Appeal, the Courts of First Instance, and the Conciliation Tribunals. Law No. 2001-37 of August 27, 2002, on judicial organization in the Republic of Benin introduced important innovations in the Beninese judicial organization by repealing the previous law of December 9, 1964.

The 2002 reform modified the country’s judicial map, which had eight Courts distributed throughout the territory since the country’s accession to international sovereignty. It created twenty-eight courts of first instance and three courts of appeal. This law, which expands the country’s judicial map, is not yet fully effective in establishing the 20 Courts of First Instance it creates. Only the Courts of Appeal in the major cities of the South, Center, and North of the country (Cotonou, Abomey, and Parakou, respectively) are already functional.

The 2002 law also abolished the Supreme Court’s Administrative Chamber’s exclusive jurisdiction over administrative disputes. An administrative chamber has now been created for each Court of First Instance and each Court of Appeal. However, the effectiveness of this reform also depends on the installation of the new courts.

As for the Conciliation Tribunal, it is established by arrondissement in communes with special status (Cotonou, Porto-Novo, and Parakou). For ordinary communes, one is established per commune. As the name suggests, conciliation tribunals have the mission of seeking conciliation between the protagonists of a dispute; notables, not professional judges, run them, and they do not render decisions of a jurisdictional nature. Consequently, they cannot be considered as a degree of jurisdiction. Their privileged area of intervention currently remains the search for conciliation in land disputes, which are very frequent in the country.

The first degree of jurisdiction is therefore the Court of First Instance. There are two types: first-class courts of first instance and second-class courts of first instance. The former sit in the chief towns of the communes with special status, namely Cotonou, Porto Novo, and Parakou. The latter has twenty-five distributed throughout the territory at the rate of one Tribunal for three neighboring communes.

Professional judges run courts of first instance. They are courts of ordinary jurisdiction in criminal, civil, commercial, social, and administrative matters. Procedure before courts of first instance is governed by the code of civil, commercial, social, administrative, and accounting procedure (Law No. 2016-16 of July 28, 2016, amending and supplementing Law No. 2008-07 of February 28, 2011 on the code of civil, commercial, administrative, social and accounting procedure), the penal code and the code of criminal procedure (Law 2018-15 on the code of criminal procedure amending Law No. 2013-15 of December 17, 2012 on the code of criminal procedure; Law 2018-15 on the Penal Code in the Republic of Benin).

Decisions of courts of first instance are subject to appeal before courts of appeal. The latter number three: the Court of Appeal of Cotonou, whose jurisdiction extends to the departments of Littoral, Atlantique, Ouémé, and Plateau; the Court of Appeal of Abomey, competent in the departments of Zou, Collines, Mono, and Couffo; and the Court of Appeal of Parakou, which has jurisdiction over the departments of Borgou, Alibori, Atacora, and Donga. Each court of appeal comprises at least one modern civil and social chamber, an administrative chamber, a traditional law chamber, a criminal chamber, an accounting chamber, an indictment chamber, and a commercial chamber. At the seat of each court of appeal, an assize court is established.

Decisions of courts of appeal may be subject to a cassation appeal before the supreme court. Within the supreme court sit an administrative chamber, a judicial chamber, and an accounting chamber. Each chamber is the cassation judge of decisions rendered at the lower level within its area of competence. The Supreme Court rules in judicial formation with all chambers sitting:

• On referrals from one jurisdiction to another for reasons of public safety or in the interest of the proper administration of justice, at the request of the Attorney General, or on the request of the Minister of Justice;
• In matters of jurisdictional conflict;
• At the request of the president of the supreme court on the proposal of the president of the chamber concerned and after the opinion of the reporting judge, when a case raises a question of principle or when its solution could cause conflicting decisions.[44]

Furthermore, Law No. 2016-15 of July 28, 2016, establishing commercial courts in Benin, amends and supplements Law No. 2001-37 of August 27, 2002, on judicial organization in the Republic of Benin by creating three commercial courts (Cotonou, Parakou, and Abomey) and three commercial courts of appeal. Commercial courts operate on the principle of two degrees of jurisdiction, with commercial courts (first degree) and commercial courts of appeal (second degree).

There is also the law establishing the Land Affairs Court in Benin, which is Law No. 2022-16 of October 19, 2022. Then, Law No. 2024-17, amending and supplementing Law No. 2022-16 of October 19, 2022, establishing, organizing, and functioning of the Special Court for Land Affairs, was adopted by Parliament to improve the Court’s functioning.

4.3. The High Court of Justice

The High Court of Justice is composed of the members of the Constitutional Court, except its president, and of six deputies elected by the National Assembly, and of the President of the Supreme Court. It elects its president from among its members. It is competent to judge the President of the Republic and members of the government for acts qualified as high treason and offenses committed in the exercise or on the occasion of the exercise of their functions, as well as to judge their accomplices in case of conspiracy against state security.

The High Court of Justice is bound by the definition of offenses and by the determination of penalties resulting from the penal laws in force at the time of the acts. The decision to prosecute and then to indict the President of the Republic and members of the Government is adopted by a two-thirds majority of the deputies of the National Assembly, in accordance with the National Assembly’s internal regulations. The investigation is conducted by the magistrates of the indictment chamber of the court of appeal, which has jurisdiction over the location of the National Assembly’s seat.

The President of the Republic and members of the government are suspended from their functions in the event of indictment for high treason by the National Assembly and for attacks on honor and probity. In case of conviction, they are stripped of their offices.

Long criticized as a budget-consuming institution without real jurisdictional impact, the High Court of Justice has been seized since 2006 with an investigation file against a former minister suspected of embezzlement of public funds. Despite this initial activity, this special court is considered ineffective in guaranteeing the moralization of public life, both because of the complexity of its composition and the mechanisms of referral and operation that govern it.

5. The Main Judicial Actors

The judicial system in Benin is animated by actors at various levels, mainly Magistrates, court clerks, and legal auxiliaries.

5.1. Magistrates

All Magistrates form the body of the Magistrature. The function of the Magistrate is provided for by the Constitution of December 11, 1990, revised on November 7, 2019. The status of the Magistrature is organized by Law No. 2001-35 of February 21, 2003. Pursuant to Article 126 of the Constitution, justice is rendered in the name of the Beninese People. Judges are subject, in the exercise of their functions, only to the authority of the law. Sitting Magistrates are irremovable.

Magistrates are civil servants exercising functions of authority in the name of the State. The school currently trains them for Judicial Professions. They are integrated into the body of the Magistrature by a decree of the President of the Republic on the proposal of the Minister of Justice. They enjoy certain privileges intended to guarantee the independence of the function while being subject to important deontological obligations. These professional privileges are more pronounced when distinguishing magistrates by the functions they occupy.

Indeed, pursuant to Article 1 of the statute of the Magistrature, Magistrates are in service either in the courts, in the central administration of the Ministry of Justice, or on secondment to other organizations. When they are in service in the courts, Magistrates are appointed either to the bench (Judges at the Tribunal, Investigating Judges, Juvenile Judges) or to the prosecution (Attorney General or Deputy Attorneys General at the Court of Appeal, or as Public Prosecutor or Deputies at the Court of First Instance).

Magistrates of the prosecution and of the central administration of the Ministry of Justice are placed under the direction and control of their hierarchical superiors and under the authority of the Minister of Justice. They may be assigned from one post to another if they request it or ex officio in the interest of the service after the favorable opinion of the High Council of the Magistrature (Article 6 of the law on the statute of the Magistrature).

The rules thus recalled contain all the differences between the prosecution magistrates and the bench magistrates (Judges). Indeed, unlike magistrates of the prosecution, magistrates of the bench are irremovable. Consequently, a sitting Magistrate cannot receive a new assignment without his consent, even for promotion. The irremovability of the sitting Magistrate is not a personal privilege for the Judge. It aims to guarantee the independence of the judiciary. The assignment of the sitting Magistrate is subject to his consultation both on the new function proposed to him and the place where he is called to exercise it on the one hand, and to his prior consent on the other hand (Articles 23 and 24 of the law on the statute of the Magistrature).

The High Council of the Magistrature is the superior body responsible for monitoring compliance with the professional rules of Magistrates, the evolution of their career, and the discipline of the corps. The High Council of the Magistrature is organized by Law No. 94-027 of June 15, 1999.

5.2. Court Clerks and Judicial Officers

Court clerks and judicial officers are permanent agents of the State. They have two essential functions. The first, the most visible, is to assist magistrates at hearings and in all contentious or non-contentious procedures. Thus, they participate in jurisdictional activity through the assistance of the registry. The second function is to ensure all court administrative services.

In addition to these functions, Judicial Officers perform management and supervisory functions. Governed by Law No. 2007-01 of May 29, 2007, organizing their career, Court Clerks and Judicial Officers are currently trained at the School for Judicial Professions.

5.3. Legal Auxiliaries

Lawyers, Bailiffs, Notaries, and Auctioneers constitute the legal auxiliaries.

5.3.1. Lawyers

The profession of lawyer is organized by Law No. 65-6 of April 20, 1965, establishing the Beninese Bar. Access to the bar requires obtaining the Certificate of Aptitude for the Profession of Lawyer (C.A.P.A) after an annual examination organized by the Faculty of Law of the University of Abomey-Calavi and the Bar.

Lawyers are responsible for defense throughout the entire territory when they are solicited, whether retained by natural or legal persons or assigned by the State in criminal matters. The retention of a lawyer is free, and the representation of parties by a lawyer is not mandatory before the Courts and Tribunals, except in certain specific disputes, for example, in certain matters before the Supreme Court. The new law on the Code of Civil, Commercial, Social, and Administrative Procedure provides for the mandatory representation of parties in proceedings before the Court of Appeal.

Lawyers enjoy freedom of expression and the guarantee of independence in the defense of the causes submitted to them, except for the respect due to the Courts and Tribunals. The professional discipline of Lawyers is ensured by the Bar Council, headed by the President of the Bar, who is the Head of the corporation.

The Bar also ensures, in collaboration with the International Organization of La Francophonie, French and African Francophone Bars, the training of its members. In this context, the International Center for the Training of Francophone Lawyers in Africa (CIFAF) was created. CIFAF was born in 2000 by the will of the seven member states of the West African Economic and Monetary Union (WAEMU). Training at CIFAF aims to familiarize lawyers at the end of their internship with the existing regional and sub-regional legal instruments, and to train them in human rights, as well as, more generally, in the exercise of their profession across different areas of law and procedure.

In Benin, almost all lawyers have established their offices in Cotonou, a port city and the economic capital of Benin. This situation, combined with the Beninese people’s weak purchasing power, accentuates the difficulties of access to the law and to good justice.

5.3.2. Bailiffs

Alongside Magistrates and Lawyers, Bailiffs constitute the armed arm of justice. The profession of Bailiff is governed by Law No. 2001-38 of September 8, 2005, on the status of Bailiffs in the Republic of Benin and Decree No. 2017-066 of February 10, 2017, amending Articles 1 and 2 of Decree No. 2005-104 of March 9, 2005, setting the fees for bailiff’s acts in civil and commercial matters.

The Bailiff is a Public and Ministerial Officer responsible mainly for serving procedural documents (summons, demands, etc.), preparing reports, and enforcing court decisions and acts having executory force. Both men and women practice this profession in Benin.

As a professional in the accomplishment of the work of justice, the Bailiff intervenes before the trial to safeguard the rights of the parties through, for example, reports and formal notices necessary to establish or preserve evidence of facts; at the time of the initiation of the lawsuit by serving the summons in civil and commercial matters; during the trial by the performance of a variety of procedural acts; and at the end of the trial for the execution of court orders.

The Bailiff is also responsible for debt collection and, if necessary, carries out seizures either directly when the creditor holds an enforceable title or by court order. The Judge can also commission him for various activities requiring the authentic faith attached to the bailiff’s acts.

The profession of Bailiff is organized through an institution called the “National Chamber of Bailiffs,” which represents the entire profession and is responsible for compliance with deontological rules and discipline.

5.3.3. Notaries

The profession of Notary is governed by Law No. 2002-015 of December 30, 2002, on the status of the notariat in the Republic of Benin.[45] Notaries are public and ministerial officers instituted to receive all acts and contracts to which the parties must or wish to give the character of authenticity attached to acts of public authority. They are responsible for ensuring the date of these acts and contracts, for keeping them in deposit, and for delivering certified copies and originals.

Notaries exercise their functions throughout the entire national territory, either individually or in association with other Notaries. The public mainly recognizes the Notary when the will is mentioned, but the function of a notary is broader. The Notary is a legal professional who intervenes in different areas of human activity, such as the incorporation of companies, the drafting of all kinds of contracts, the receipt of acts to which people wish to confer an authentic character, etc.

He can also be commissioned by the judge for various activities, for example, to guarantee the completion of essential formalities for a real estate sale, the judicial administration of an estate, etc. Both men and women practice this profession in Benin. Like the profession of Bailiff, that of Notaries is organized through an institution called the National Chamber of Notaries, which represents the entire profession and is responsible for compliance with deontological rules and discipline.

5.3.4. Auctioneers

The profession of Auctioneer is organized by Law No. 2004-04 of May 29, 2004, on the status of Auctioneers in the Republic of Benin.[46] The Auctioneer is a ministerial officer responsible for estimating, appraising, and selling at public auction movable property, corporeal movable effects, merchandise, and corporeal elements of business assets.

He is also responsible for conducting estimates, voluntary public sales, public sales after death or bankruptcy, and sales of ships, sea, and river vessels. Auctioneers exercise their activity within a defined geographical area for the offices they create. The Auctioneer, in his functions, is a legal auxiliary who works with Bailiffs to enforce court decisions and ensure respect for everyone’s rights under the rule of law.

The profession of Auctioneer is organized through an institution called the National Chamber of Auctioneers, which represents the entire profession and is responsible for compliance with deontological rules and discipline.

6. Acronyms and Abbreviations

Al.	Paragraph
Art.	Article
AU	Uniform Act (OHADA)
C. Sup.	Supreme Court
C.A.	Court of Appeal
Cass. Civ.	Judgment of the Civil Chamber of the French Court of Cassation
CC	Constitutional Court
CCJA	Common Court of Justice and Arbitration of OHADA
DCC	Decision of the Constitutional Court of Benin
Ibid.	In the same place
INSAE	National Institute of Statistics and Economic Analysis
J.O.R.B.	Official Gazette of the Republic of Benin
MEDP	Ministry of Development and Forecasting
OHADA	Organization for the Harmonization of Business Law in Africa
RBSJA	Beninese Review of Legal and Administrative Sciences
Préc.	Previously cited
RGPH 3	Third General Census of Population and Housing (2003)
UEMOA	West African Economic and Monetary Union

The Commercial Court and the National Commission for Data Protection, as well as general information on law, legal research centers, and legal institutions, are all available online.

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[1] The fifth General Census of Population and Housing (RGPH5), launched in 2025, is currently underway, and the results were not yet published at the time this note was finalized. The demographic data presented here are taken from the fourth census of May 2013 (RGPH4).

[2] Source: Fourth General Census of Population and Housing (RGPH4), May 2013.

[3] Excerpt from the Preamble of the Beninese Constitution of 11 December 1990.

[4] Lejeal Frédéric, “In Benin, ‘an unprecedented cycle of democratic regression,’” Institute for International and Strategic Relations (IRIS), 30 March 2021.

[5] RFI, “Benin: Opposition demands a return to the spirit of the 1990 Constitution.”

[6] See Constitutional Court decision proclaiming the results of the legislative elections of 28 April 2019.

[7] See Constitutional Court decision proclaiming the results of the legislative elections of 8 January 2023.

[8] France24, “Benin: Excluded from the legislative elections, the opposition demands ‘inclusive’ elections.” See also, Jeune Afrique, “In Benin, why the Electoral Code is causing debate.” La Nouvelle Tribune, “Electoral Code in Benin: Civil society and religious denominations sidelined,” 20 March 2024. Moreover, On the strengths and weaknesses of President Patrice Talon’s governance, see AfricaCoeurNews, “Africa: Reforms and achievements of Patrice Talon in Benin.”

[9] Gbaguidi Noël, “Applicable Law and the Application of Law in the Republic of Benin,” Bulletin of Law and Information of the Supreme Court, No. 001, 1997, p. 12 ff.

[10] Adeloui Arsène-Joël, “The Judge, the Law and Politics in Benin,” African Legal Studies Library KAS, vol. 4, 2017, pp. 440–465.

[11] Topanou Victor, “The Balance of Powers in the Beninese Constitution,” RBSJA, No. 1-2012, pp. 37–81.

[12] This refers to Title II of the Constitution.

[13] Holo Théodore, “The Emergence of Constitutional Justice,” Pouvoirs, No. 129, 2009, pp. 101–114; Aïvo Frédéric Joël, “The Constitutional Court of Benin,” French Review of Constitutional Law, No. 99, 2014, pp. 715–740.

[14] BADET Gilles, The Original Powers of the Constitutional Court of Benin, Cotonou, COPEF Printing, 2013, 480 p.

[15] Mede Nicaise, Major Decisions of the Constitutional Court of Benin, European University Editions, 2012.

[16] Djogbenou Joseph, “Judicial Review of Court Decisions: One Fantasy Too Many?” Revue Afrilex, April 2014, pp. 1–27. See, for example, decision DCC of 8 July 2006 and the brilliant, related analysis by Professor Martin Bleou in his Inaugural Lecture at the UNESCO Chair of Cotonou, 3 December 2007, KAS booklet, 2008.

[17] Ahouanka Etienne, “The Beninese Constitutional Judge and the Protection of Fundamental Human Rights,” RBSJA, No. 15, 2005, p. 99 ff.; AÏVO Gérard, “Individual Petitions before the Beninese Constitutional Judge,” RBSJA, No. 39, 2017, pp. 175–210.

[18] See Article 117 of the Constitution.

[19] See Article 146 of the Constitution.

[20] However, Article 123 of the Constitution appears to limit the mandatory nature of such a priori review solely to the Rules of Procedure of the National Assembly, the High Authority for Audiovisual and Communication, and the Economic and Social Council.

[21] See Article 122 of the Constitution.

[22] Compilation of the Decisions and Opinions of the Constitutional Court, 2003, p. 673 ff.

[23] See decision DCC 96-09 of 23 January 1996, Compilation of Decisions and Opinions of the Constitutional Court, 1996, p. 47 ff.

[24] See decision DCC 03-125 of 20 August 2003, Compilation of Decisions and Opinions of the Constitutional Court, 2003, p. 507 ff.

[25] See decision DCC 03-166 cited above.

[26] Djogbenou Joseph, “Judicial Review of Court Decisions: One Fantasy Too Many?” Revue Afrilex, April 2014, pp. 1–27; AÏVO Frédéric Joël, “Contribution to the Study of Judicial Protection of Fundamental Rights: A Look Back at Twenty Years of (Overly Active) Constitutional Case Law in Benin,” Revue Afrilex, January 2019, pp. 1–39; AKEREKORO Hilaire, “The Constitutional Court and the Judiciary in Benin: A Functional Approach,” Revue Afrilex, December 2019, pp. 1–22.

[27] Arts. 39 to 41.

[28] Ahouanka Etienne, op. cit., particularly p. 110 ff.

[29] Gbaguidi, “Fundamental Principles of Determining Beninese Positive Law,” in: Applicable Law and Application of Law, op. cit., p. 14 ff.

[30] Gbaguidi, ibid., p. 18 ff.

[31] Law No. 98-004 of 27 January 1998 on the Labour Code of the Republic of Benin, Official Gazette of the Republic of Benin (J.O.R.B.), 1 April 1998, p. 263.

[32] Code of Persons and the Family, Rights and Laws, special issue, 2005.

[33] J.O.R.B., No. 3, 1 February 2007, p. 95.

[34] J.O.R.B., No. 4, 15 February 2008, p. 188.

[35] J.O.R.B., No. 5, 1 March 2008, p. 232.

[36] J.O.R.B., No. 5, 1 March 2008, p. 232.

[37] J.O.R.B., No. 4, 15 February 2008, p. 200.

[38] See various Uniform Acts in force in: OHADA, Treaty and Uniform Acts, Commented and Annotated (known as the Green Code), Juriscope, 2008.

[39] KODO (J.M.V.), The Application of OHADA Uniform Acts, PhD thesis, Paris Est, 2008, especially p. 185.

[40] Aïvo Gérard, “The ECOWAS Court of Justice and the African Charter on Human and Peoples’ Rights,” African Annals, vol. 2, No. 7, December 2017, pp. 361–404.

[41] For essential references, see Collection of Main Texts, Ministry of Justice, Legislation and Human Rights, Cotonou, Djelmo and ILSE 2008; Electronic Library of International Labour Standards, ILO, 2008.

[42] Proceedings of the International Colloquium on the Application of International Law in the Domestic Legal Order of Francophone States, AOA Notebooks, HJF, Ouagadougou, 24–26 June 2003.

[43] Collection of Texts, Judicial Institutions: Organic Laws and Statutes of Professionals, MJLDH, p. 58 ff.

[44] See Article 32 of Law No. 2004-07 of 23 October 2007.

[45] J.O.R.B., No. 2, 15 January 2005, pp. 54–59.

[46] J.O.R.B., No. 2, 15 January 2005, p. 60.