Wakilii

Noudehouenou v Republic of Benin (Application No. 003-2020)

African Court on Human and Peoples' Rights · [2020] AfCHPR 4 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights challenging constitutional revision and electoral laws of Benin
Decision
Application granted; Respondent State ordered to repeal the Revised Constitution and Inter-Ministerial Decree and to comply with the principle of national consensus in future constitutional revisions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights held that Benin violated the principle of national consensus required for constitutional revision under Article 10(2) of the African Charter on Democracy, Elections and Governance, where the Revised Constitution was adopted by a National Assembly composed solely of members from the ruling party without broader consultation or referendum. The Court also found that an Inter-Ministerial Decree prohibiting issuance of official papers to persons wanted by courts violated the presumption of innocence and the right of equal access to public services. The Court ordered Benin to repeal the Revised Constitution and the Decree.

Outcome

Application granted; Respondent State ordered to repeal the Revised Constitution and Inter-Ministerial Decree and to comply with the principle of national consensus in future constitutional revisions

Facts

Following legislative elections in April 2019 in which only candidates from two political parties close to the government were able to run, the National Assembly of Benin, composed solely of members from the ruling party, adopted Law No. 2019-40 of 7 November 2019 revising the Constitution of Benin and Law No. 2019-43 of 15 November 2019 on the Electoral Code. The Constitutional Court of Benin ruled that these laws were compliant with the Constitution. The Applicant, a Beninese national, challenged these laws before the African Court on Human and Peoples' Rights, alleging violations of his fundamental rights. Additionally, the Ministry of Justice and Ministry of Interior issued an Inter-Ministerial Decree on 22 July 2019 prohibiting the issuance of official papers to persons wanted by the courts.

Issues

  1. Whether the Court has jurisdiction to examine the Application.
  2. Whether the Application is admissible.
  3. Whether the revision of the Constitution of Benin violated the principle of national consensus enshrined in Article 10(2) of the African Charter on Democracy, Elections and Governance.
  4. Whether the Revised Constitution violated the Applicant's rights to participate in public affairs, equality, freedom of association, freedom of religion, and freedom of expression.
  5. Whether the Respondent State violated the right to an effective remedy for the protection of human rights.
  6. Whether the Inter-Ministerial Decree prohibiting issuance of official papers to persons wanted by courts violated the right to be presumed innocent.
  7. Whether the Respondent State violated the right to live in peace in Benin.

Orders

  • Dismisses the objection to the Court's jurisdiction.
  • Declares that the Court has jurisdiction.
  • Dismisses the preliminary objections on admissibility.
  • Dismisses the objection to admissibility of the Application.
  • Declares that the Application is admissible.
  • Finds that the Respondent State has not violated the right to an effective remedy for protection of human rights, as provided under Article 7(1) of the Charter and Article 2(3)(a) of the ACDEG.
  • Finds that the Respondent State has violated the obligation to ensure that the procedure for amendment or revision of its Constitution is based on national consensus, enshrined in Article 10(2) of the ACDEG.
  • Finds that since the Revised Constitution violated Article 10(2) of the ACDEG, the Applicant's prayer to establish that the revision violated Articles 13(1), 2, 3, 8 of the Charter, Article 19(2) and 18 of the ICCPR, and Article 23(5) of the ACDEG are moot.
  • Finds that the Respondent State has violated the right to be presumed innocent under Article 11 of the UDHR and the right of access to public property and services in strict equality of all persons before the law, as provided under Article 13(3) of the Charter.
  • Finds that in the absence of the Applicant's submissions on pecuniary reparations, there is no need to rule on this prayer.
  • Orders the Respondent State to take all measures to repeal Law No. 2019-40 of 1 November 2019 revising Law No. 90-032 of 11 December 1990 on the Constitution of the Republic of Benin and all subsequent laws related to the election in order to guarantee that its citizens will participate freely and directly, without any political, administrative or judicial obstacles, in the forthcoming presidential election without repetition of the violations found by the Court and under conditions respecting the principle of presumption of innocence.
  • Orders the Respondent State to comply with the principle of national consensus enshrined in Article 10(2) of the ACDEG for any constitutional revision.
  • Orders the Respondent State to take all measures to repeal Inter-Ministerial Decree 023MJL/DC/SGM/DACPG/SA 023SGG19 dated 22 July 2019.
  • Orders the Respondent State to take all necessary measures to ensure cessation of all effects of the constitutional revision and the violations which the Court has found.
  • Orders the Respondent State to submit to the Court, within four (4) months of notification of this Judgment, a report on the measures taken to implement the orders.
  • Decides that each Party shall bear its own costs.

Rules and key headnotes

Constitutional Revision — Principle of National Consensus — African Charter on Democracy, Elections and Governance
The procedure for amendment or revision of a constitution must be based on national consensus, obtained if need be through referendum, and cannot be satisfied by unanimous adoption by a National Assembly composed solely of members from the ruling party without broader consultation with all stakeholders in the country.
Judicial Review — Conventionality Control — African Court Jurisdiction
The African Court on Human and Peoples' Rights has jurisdiction to examine the conformity of national laws, including constitutional provisions, with the African Charter on Human and Peoples' Rights and other human rights instruments ratified by the State concerned, notwithstanding that a domestic Constitutional Court has ruled such laws to be in conformity with the national Constitution.
Standing — Public Interest Litigation — Individual Access to African Court
An individual applicant before the African Court on Human and Peoples' Rights need not demonstrate personal victimhood or a direct interest in a matter to have standing to bring an application raising matters of public interest that implicate the rights of citizens generally, including the applicant's own rights.
Presumption of Innocence — Administrative Measures Against Accused Persons
The presumption of innocence prohibits administrative authorities from taking measures against a citizen solely on the basis of a procedural act and in the absence of a final decision by a competent court; prohibiting the issuance of official papers to persons wanted by courts but not yet convicted violates the presumption of innocence.
Access to Public Services — Equality Before the Law — Restriction Based on Criminal Accusation
Restricting the right to obtain official papers by prohibiting their issuance to persons who have not yet been convicted of any offence violates the right of access to public property and services in strict equality of all persons before the law.

Legislation cited (55)

  • African Charter on Human and Peoples' Rights
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court of Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court of Human and Peoples' Rights Article 5(3)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court of Human and Peoples' Rights Article 6(2)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court of Human and Peoples' Rights Article 27(1)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court of Human and Peoples' Rights Article 34(6)
  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 7(1)
  • African Charter on Human and Peoples' Rights Article 8
  • African Charter on Human and Peoples' Rights Article 9(2)
  • African Charter on Human and Peoples' Rights Article 13
  • African Charter on Human and Peoples' Rights Article 13(1)
  • African Charter on Human and Peoples' Rights Article 13(3)
  • African Charter on Human and Peoples' Rights Article 23(1)
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Democracy, Elections and Governance Article 4
  • African Charter on Democracy, Elections and Governance Article 6
  • African Charter on Democracy, Elections and Governance Article 10(2)
  • African Charter on Democracy, Elections and Governance Article 15
  • African Charter on Democracy, Elections and Governance Article 23(5)
  • African Charter on Democracy, Elections and Governance Article 29
  • International Covenant on Civil and Political Rights Article 2(3)
  • International Covenant on Civil and Political Rights Article 18
  • International Covenant on Civil and Political Rights Article 19
  • International Covenant on Civil and Political Rights Article 19(2)
  • International Covenant on Civil and Political Rights Article 25
  • International Covenant on Civil and Political Rights Article 25(b)
  • International Covenant on Civil and Political Rights Article 26
  • Universal Declaration of Human Rights Article 7
  • Universal Declaration of Human Rights Article 8
  • Universal Declaration of Human Rights Article 10
  • Universal Declaration of Human Rights Article 11
  • Universal Declaration of Human Rights Article 18
  • Universal Declaration of Human Rights Article 19
  • Universal Declaration of Human Rights Article 20
  • Universal Declaration of Human Rights Article 21
  • Universal Declaration of Human Rights Article 21(3)
  • Constitution of Benin of 11 December 1990
  • Constitution of Benin Article 53
  • Constitution of Benin Article 57(1)
  • Constitution of Benin Article 114
  • Constitution of Benin Article 117
  • Constitution of Benin Article 122
  • Constitution of Benin Article 124(2)
  • Constitution of Benin Article 124(3)
  • Law No. 2019-40 of 7 November 2019 (Revised Constitution of Benin)
  • Law No. 2019-43 of 15 November 2019 (Electoral Code of Benin)
  • Law No. 2018-31 of 3 September 2018 (Electoral Code of Benin)
  • Law No. 2018-23 of 17 September 2018 (Charter of Political Parties)
  • Law No. 91-009 of 4 March 1991 (Organic Law on the Constitutional Court) Article 20
  • Law No. 91-009 of 4 March 1991 (Organic Law on the Constitutional Court) Article 22
  • Law No. 91-009 of 4 March 1991 (Organic Law on the Constitutional Court) Article 24
  • Inter-Ministerial Decree No. 023MJL/DC/SGM/DACPG/SA 023SGG19 of 22 July 2019 Article 3
  • Inter-Ministerial Decree No. 023MJL/DC/SGM/DACPG/SA 023SGG19 of 22 July 2019 Article 4

Cases cited (14)

  • Ingabire Victoire Umuhoza v Republic of Rwanda (Jurisdiction) (3 June 2016)
  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)
  • Franck David Omary and Others v United Republic of Tanzania (Admissibility) (28 March 2014)
  • Peter Chacha v United Republic of Tanzania (Admissibility) (28 March 2014)
  • Alex Thomas v United Republic of Tanzania (Merits) (20 November 2015)
  • Actions pour la Protection des Droits de l'Homme (APDH) v Côte d'Ivoire (2016)
  • Tanganyika Law Society and Others v Republic of Tanzania (Merits) (14 June 2013)
  • African Commission on Human and Peoples Rights, Communications 25/89, 47/90, 56/91, 100/9, World Trade Organisation Against Torture, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Temoins de Jehovah (WTOAT) v. Zaire, §. 51
  • African Commission on Human and Peoples' Rights v Republic of Kenya (Merits) (26 May 2017)
  • Christopher Jonas v United Republic of Tanzania (Merits) (28 September 2017)
  • Norbert Zongo and Others v Republic of Burkina Faso (Preliminary Objections) (25 June 2013)
  • Sebastien Germain Ajavon v Republic of Benin (Application No. 013/2017)
  • Lucien Ikili Rashidi v United Republic of Tanzania (Application No. 009/2015)
  • Beneficiaries of Late Norbert Zongo and Others v Burkina Faso (Reparations) (5 June 2015)

Full judgment

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Noudehouenou v Republic of Benin (Application No. 003-2020) [2020] AfCHPR 4 (4 December 2020)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.