Benin

Benin, despite being underdeveloped has been a stable democracy until democratic institutions were weakened in 2016, the country ranks 158 out of 188 countries on the Human Development Index scale for 2021.[ref]http://hdr.undp.org/en/countries/profiles/BEN[/ref] Political freedom and judicial independence have faced major setbacks after Patrice Talon came to power in 2016.[ref]https://freedomhouse.org/country/benin/freedom-world/2021[/ref] Opposition parties were excluded from the 2019 parliamentary elections[ref]https://freedomhouse.org/country/benin/freedom-world/2021[/ref] and again in the 2021 elections when Talon won his second term.[ref]https://monitor.civicus.org/updates/2021/05/05/benin-protests-violence-precede-controversial-presidential-elections-without-main-opposition/[/ref]

The population is estimated to be about 12.9 million. According to the 2013 census, the most recent census conducted, 8.5% of the population is Christian, 27.7% is Muslim, 11.6% practice Voodoo, 2.6% are members of indigenous religious groups, 2.6% are members of other religious groups, and 5.8% declared no religious affiliation.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/benin/[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Systemic Discrimination
Mostly Satisfactory
Free and Equal

Constitution and government

Article 2 of the Constitution[ref]https://www.constituteproject.org/constitution/Benin_1990.pdf?lang=en[/ref] states that Benin is secular, with no official state religions. Article 23 of the Constitution guarantees the freedom of conscience and is quite inclusive, however, no concrete evidence could be found to support or undermine freedom of religion or belief.

“Every person has the right to freedom of thought, of conscience, of religion, of creed, of opinion and of expression with respect for the public order established by law and regulations. The exercise of a creed and the expression of beliefs shall take place with respect for the secularity of the State.

The institutions and the religious or philosophical communities shall have the right to develop without hindrances. They shall not be subject to the guardianship of the State. They shall regulate and administer their affairs in an autonomous manner.”

Article 26 confirms the principle of equality and non-discrimination. Freedom of religion, thought and expression is restricted to respect the secularity of the Beninese state. Nevertheless, before taking office, the president of Benin has to swear an oath before God and the Manes (spirits).

Elections in Benin

The April 2019 legislative elections excluded the opposition. Only parties aligned with the president could compete, rendering the elections undemocratic.[ref]https://www.civicus.org/index.php/media-resources/media-releases/5079-benin-downgraded-as-civic-freedoms-deteriorate[/ref] Turnout was equal to approximately a quarter of eligible voters. The internet was shut down and security forces used violence against protests on election day.[ref]https://freedomhouse.org/country/benin/freedom-world/2021[/ref]

The undemocratically elected National Assembly adopted a new electoral law that required presidential candidates to be ‘sponsored’ by at least 10% of parliament members and/ or mayors, effectively restricting the opposition from participating in the 2021 presidential elections.[ref]https://www.civicus.org/index.php/media-resources/media-releases/5079-benin-downgraded-as-civic-freedoms-deteriorate[/ref] The opposition was arrested, exiled, or were disqualified from the elections.[ref]https://www.civicus.org/index.php/media-resources/media-releases/5079-benin-downgraded-as-civic-freedoms-deteriorate[/ref] The 2021 presidential elections were carried out despite protests and violence.[ref]https://www.civicus.org/index.php/media-resources/media-releases/5079-benin-downgraded-as-civic-freedoms-deteriorate[/ref]

According to CIVICUS Monitor, the country has seen setbacks in civic freedoms. Activists and journalists have been facing persecution. It claimed that “Harassment through arbitrary arrest, detention, targeted use of legal and regulatory measures and restrictions on finances has become a common experience for many human rights activists and opposition members in Benin.”[ref]https://www.civicus.org/index.php/media-resources/media-releases/5079-benin-downgraded-as-civic-freedoms-deteriorate[/ref]

In April 2020, the government of Benin informed the African Union that the country will be withdrawing the rights of individuals and NGOs to submit complaints to the African Court on Human and Peoples’ Rights.[ref]https://www.amnesty.org/en/latest/news/2020/04/benin-le-retrait-aux-individus-du-droit-de-saisir-la-cour-africaine-est-un-recul-dangereux/[/ref]

President Talon appointed judges by decree in 2018, in a breach of the independence of the judiciary, the appointments included the personal lawyer of the President who was named Constitutional Court president in 2018.[ref]https://freedomhouse.org/country/benin/freedom-world/2021[/ref]

The impact of COVID-19

The COVID-19 crisis has brought new challenges, which have also affected the situation for freedom of religion or belief in the country.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-BENIN-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] On 21 March 2021, the government met with leaders of religious groups to close places of worship to limit the spread of the virus.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-BENIN-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] Many religious groups stated that they did not consider these measures as discriminatory.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-BENIN-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] In the fight against COVID–19, the government also relied on religious groups to gather and share information about the pandemic.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-BENIN-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] The government relied on these groups to combat misinformation, and it relied on them to distribute masks and hand sanitizer.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-BENIN-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref]

Education and children’s rights

The public education sector suffers from a lack of infrastructure, equipment, and poor quality,[ref]https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=E/C.12/BEN/CO/3&Lang=En[/ref] especially affecting rural areas.[ref]https://www.upr-info.org/sites/default/files/document/benin/session_28_-_november_2017/a_hrc_wg.6_ben_3_e.pdf Para. 55[/ref] Children from poor families lack access to education.[ref]https://www.upr-info.org/sites/default/files/document/benin/session_28_-_november_2017/a_hrc_wg.6_ben_3_e.pdf Para. 54[/ref]

Children may end up on the street because of poverty, facing various types of risks, including child labor or prostitution.[ref]https://www.upr-info.org/sites/default/files/document/benin/session_28_-_november_2017/js3_upr28_ben_e_main.pdf Para. 4[/ref] The World Bank reports that only around 60% of children in the relevant age group were enrolled in and completed primary school as of 2020, while 7% dropped out before graduation.[ref]https://data.worldbank.org/indicator/SE.PRM.CMPT.ZS?locations=BJ; https://data.worldbank.org/indicator/SE.PRM.UNER.ZS?end=2020&locations=BJ&start=1984&view=chart[/ref] In accordance with Article 2 of the Constitution, public schools cannot provide religious instruction, though religious groups may establish private schools with authorization from the state and may benefit from state subsidies.[ref]https://www.state.gov/wp-content/uploads/2021/05/240282-BENIN-2020-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] Article 14 states that religious institutions and communities have equal cooperation in the education of youth. Private secular and parochial schools can be opened with authorization and control of the State.

Family, community, and society

Despite the laws being in place to criminalize ritual infanticide, there is a lack of accountability and justice in cases related to crimes done against individuals accused of witchcraft.[ref]https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=E/C.12/BEN/CO/3&Lang=En[/ref] So-called child sorcerers are killed in an atmosphere characterized by impunity, especially in the north of the country.[ref]https://www.upr-info.org/sites/default/files/document/benin/session_28_-_november_2017/a_hrc_wg.6_ben_3_e.pdf Para. 15[/ref] Social services are not equipped to better protect potential victims.[ref]https://www.upr-info.org/sites/default/files/document/benin/session_28_-_november_2017/a_hrc_wg.6_ben_3_e.pdf Para. 15[/ref]

People with disabilities suffer social exclusion from many spheres in society.[ref]https://undocs.org/CRC/C/BEN/CO/3-5 Para. 50[/ref] They suffer a stigma not only in rural but also in urban areas.[ref]https://undocs.org/CRC/C/BEN/CO/3-5 Para. 50[/ref] Furthermore, they lack access to appropriate health services and care.[ref]https://undocs.org/CRC/C/BEN/CO/3-5 Para. 50[/ref] Children with disabilities lack inclusion in regular schools, these children also do not have the same access to social grants.[ref]https://undocs.org/CRC/C/BEN/CO/3-5 Para. 50[/ref]

Reports show discrimination and lack of rights for persons with albinism in connection to witchcraft. In the third periodic report of the Committee on Economic, Social and Cultural Rights in March 2020, the observers expressed their concern about the everyday prevalence of discrimination and attacks against people with albinism.[ref]https://undocs.org/en/E/C.12/BEN/CO/3 Para. 15[/ref] Furthermore, the report mentioned a certain “unawareness” of the issue by the State itself.[ref]https://undocs.org/en/E/C.12/BEN/CO/3 Para. 15[/ref]

Early and forced marriages

Child marriage and forced marriage are common, especially in rural areas. Child marriage is motivated partially by dowry payments.[ref]https://www.upr-info.org/sites/default/files/document/benin/session_28_-_november_2017/js3_upr28_ben_e_main.pdf Para. 10[/ref] According to UNICEF 11% of children are married by the age of 15 and 32% by the age of 18, with girls disproportionately affected.[ref]https://www.unicef.org/media/50076/file/UNICEF_SOWC_2016-ENG.pdf[/ref] Most of the victims of prostitution were girls who had fled early or forced marriages.[ref]https://www.upr-info.org/sites/default/files/document/benin/session_28_-_november_2017/a_hrc_wg.6_ben_3_e.pdf Para. 58[/ref] The harmful tradition of abduction and rape by the spouse of his future minor wife is common in certain communes.[ref]https://www.upr-info.org/sites/default/files/document/benin/session_28_-_november_2017/js3_upr28_ben_e_main.pdf Para. 10[/ref]

According to a joint Universal Periodic Review (UPR) document submitted by INGOs in 2017,[ref]https://www.upr-info.org/sites/default/files/document/benin/session_28_-_november_2017/js3_upr28_ben_e_main.pdf[/ref]

“Early marriages are associated with domestic and sexual violence, abandonment, widowhood and divorce, and perpetuate the cycle of poverty and gender-based violence. In fact, child marriage, based on offering a young bride in exchange for dowry money or in-kind payments, should be regarded as a form of CSE as well as a risk to other manifestations of CSE. The child is removed from her home, school and, sometimes, community, and starts living under the absolute control of her husband and in-laws. Paradoxically, some girls end up in prostitution when trying to escape their marriage. Early marriages are widespread in rural areas despite the efforts of government and NGOs to stop them through awareness raising sessions on women’s and children’s rights.”

Women’s rights

Despite legislation made in 2003 to prohibit female genital mutilation, the practice persists.[ref]https://freedomhouse.org/country/benin/freedom-world/2021[/ref]
Sex workers were abused by law enforcement officers, sometimes also faced sexual assaults or physical violence.[ref]https://www.upr-info.org/sites/default/files/document/benin/session_28_-_november_2017/a_hrc_wg.6_ben_3_e.pdf Para. 18[/ref]

LGBTQ+ Community

There is no legal protection from discrimination for the LGBTI+ community in Benin. The age of consent is set to 21 years old for same sex sexual relations, higher than that for heterosexual partners (which is 18 years old).[ref] Sexual Rights Database, ENG-CovArtboard 1 (ilga.org)
[/ref]

There is no legal protection from discrimination for the LGBTI+ community in Benin. As a result, members of the face social stigma and widespread discrimination.[ref]https://www.humanium.org/en/benin/[/ref] Transgender people are often subject to harsh treatment, threats and violence: by both the public and police. In April 2020, a trans woman was beaten unconscious, and later in a police station beaten, mocked and threatened.[ref]https://www.amnesty.org/en/countries/africa/benin/report-benin/[/ref] In July 2020, a trans woman was beaten by a mob and later unlawfully detained by the police.[ref]https://www.amnesty.org/en/countries/africa/benin/report-benin/[/ref] On the first of May 2021 a video went viral on social media of three transgender women getting beaten and harassed in Benin’s economic capital, Cotonou.[ref]https://observers.france24.com/en/africa/20210505-videos-showing-three-transgender-women-beaten-and-forced-to-strip-in-benin-go-viral[/ref] Violence and abuse against trans people has increased during the COVID-19 pandemic, with many being blamed to have caused the pandemic.[ref]https://observers.france24.com/en/africa/20210505-videos-showing-three-transgender-women-beaten-and-forced-to-strip-in-benin-go-viral[/ref]

Freedom of expression, advocacy of humanist values

Freedom of the Media

Benin dropped from rank 84 in 2015, to 114 in the 2021 Reporters without Borders (RSF) World Press Freedom Index.[ref]https://rsf.org/en/benin[/ref] In a violation of international free speech standards, the authorities decided that news websites need to undergo an authorization process that includes a “morality investigation.”[ref]https://rsf.org/en/benin; https://rsf.org/en/news/benin-regulator-orders-unauthorized-media-outlets-close[/ref] Reports show that the government sends guidelines on coverage to media outlets.[ref]https://rsf.org/en/benin[/ref]

Many of the media outlets refrain from openly criticizing the government. The press and media are closely regulated by the government. There are numerous reports from 2018 – 2021 of arrests of journalists and editors who oppose the current government and who expressed criticism against it.[ref]https://www.amnesty.org/en/countries/africa/benin/report-benin/[/ref]

In the time period 2018 – 2021, the High Authority of Audio – Visuals and Communications (HAAC), a quasi governmental commission tasked with ensuring press freedom in Benin, has in several cases ordered media outlets to close.[ref]https://www.ecoi.net/en/document/2048380.html[/ref] In a number of these cases this order was reversed by the judiciary.[ref]https://www.ecoi.net/en/document/2048380.html[/ref]

The HAAC also showed signs of censorship or content restrictions. For example, it has previously warned the media against publishing information related to undecided criminal cases because it could be interpreted as an attempt to taint court rulings.[ref]https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/benin/[/ref] This has resulted in large scale self–censorship by journalists.[ref]https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/benin/[/ref]

In 2018, the authorities suspended an opposition newspaper indefinitely. A TV channel owned by President Talon’s leading political opponent is still forced off-air despite a court ruling in May 2017 allowing it to reopen.[ref]https://rsf.org/en/benin[/ref]

There have been reports of journalists facing legal action and intimidation after covering economics and corruption.[ref]https://monitor.civicus.org/updates/2019/11/28/legislative-elections-April2019-civic-space-violations/[/ref] In April 2019, Casimir Kpédjo was arrested because of two articles on Benin’s debt. The journalist was accused of distributing false information on the economic performance of Benin on the Facebook page of the newspaper.[ref]https://monitor.civicus.org/updates/2019/11/28/legislative-elections-April2019-civic-space-violations/[/ref] Another journalist was persecuted for “publishing false news on the internet” under the widely criticized 2017 Digital Code[ref]https://apdp.bj/wp-content/uploads/2019/04/CODE-DU-NUMERIQUE-DU-BENIN_2018-version-APDP.pdf[/ref] law. He published two articles discussing the Panama shell company owned by one of the businessmen in the country.[ref]https://monitor.civicus.org/updates/2019/11/28/legislative-elections-April2019-civic-space-violations/[/ref]

Freedom of assembly and association

Article 25 of the Constitution guarantees freedom of assembly and association. However, since 2018 authorities have used “public order” to prevent opposing political demonstrations and demonstrations by civil society organizations.[ref]https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/benin/[/ref] Moreover, during the 2019 legislative elections, mayors were ordered to ban protests indefinitely.[ref]https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/benin/[/ref]

During the COVID–19 pandemic opposing political meetings and rallies were prohibited, while the same activities by regime – supporters were not.[ref]https://www.amnesty.org/en/countries/africa/benin/report-benin/[/ref]