Benin

The Draft contains most rights and obligations in the Model Law, but is undetailed. Currently on hold, Civil Society Organisations restarting the process.

Law N°… on the recognition, promotion and protection of human rights defenders

Type of instrument: Law
Status: (as of 1 January 2022)
In Progress. Project is on hold, CSOs are restarting the process.

Comments on the instrument:
The draft law contains most of the rights and obligations enshrined in the Model Law, but in a short and undetailed way that could allow for restrictive interpretation or application. There is no explicit reference to the right to freedom from defamation and stigmatisation. Articles 2-4 allow for a broad interpretation of the law: Article 2 states that the law aims to affirm Benin’s commitment to the effective implementation of the UN human rights defender Declaration and other relevant instruments for the protection of human rights defenders. Articles 3 and 4 establish that the law shall be interpreted and applied in a way that is consistent with the rights and freedoms recognised in international instruments and commitments adopted by Benin.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights? No

 


Comparison to the Model Law

Below is a short summary of the instrument compared to the Model Law. For additional information and analysis by ISHR on Benin, click here.

A selection of fundamental rights for human rights defenders incorporated in the instrument:

Provision

Covered?

Analysis / articles

Definition of Human Rights Defender

FULL

1

Right to promote and protect human rights and fundamental freedoms

FULL

5, 11

Right to Form Groups, Associations, and Organisations

FULL

6 b)

Right to Solicit, Receive and Utilise Resources

FULL

13

Right to freedom of expression and to seek, receive and disseminate Information

FULL

7, 8

Right to access and cooperate with NGOs, government organisations and international organisations

PART

6 c), 9.2

Right to participate in public affairs

FULL

9

Right to Peaceful Assembly

FULL

6 a)

Right to represent and advocate

FULL

10.3.c, 10.4

Right to freedom of movement

NONE

 

Right to Privacy

PART

24

Freedom from intimidation or reprisal

FULL

12.2, 20

Freedom from defamation and stigmatisation

PART

2, 12.2, 12.3

State obligations regarding human rights defenders in the instrument?

Obligation to respect, promote, protect and fulfil rights of human rights defenders

FULL

2, 3, 4, 14, 15, 16

Obligation to facilitate the activities and work of human rights defenders 

FULL

14, 23

Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal

FULL

12.2, 12.3, 25, 26, 27

Obligation to investigate, provide an effective remedy and ensure reparation

FULL

10, 22, 28

Mechanism on the protection of human rights defenders established in the instrument?
No.

Quick access

Draft Law