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 intergovernmental 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?
|
Provision |
Covered? |
Analysis / articles |
|
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.