Thinking aloud about the Sunday Igboho-Benin Republic conundrum!

The African Commission on Human and Peoples’ Rights (the African Commission), meeting at its 68th Ordinary Session held virtually from 14 April to 4 May 2021 (479 Resolution on the Human Rights Situation in Benin - ACHPR/Res. 479 (LXVIII) 2021):
 
‘1. Condemns the crackdown on demonstrations by the army in violation of the principles set out in the Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa;
 
2. Calls on the Beninese authorities to:
i. Ensure respect for and protection of the rights guaranteed by the African Charter and other relevant human rights instruments to which it is party;
 
ii. Protect journalists, bloggers, activists, human rights defenders as well as all citizens participating in public life, from acts of reprisal; 
 
iii. Take the necessary measures to ensure full respect for the right to freedom of opinion and expression in accordance with the 2019 Declaration of Principles on Freedom of Expression and Access to Information in Africa;
 
iv. Guarantee the right of every citizen to freely participate in the conduct of public affairs in accordance with the provisions of Article 13 of the African Charter;
 
v. Open an independent and impartial investigation into violations perpetrated by the army during the pre-election period;
 
vi. Protect and guarantee the right to freedom of peaceful demonstration in accordance with the Guidelines on Freedom of Association and Assembly in Africa.’
 
This was not the first time the Commission would condemn the Benin Republic.
 
415 Resolution on the Human Rights Situation in the Republic of Benin - ACHPR / Res. 415 (LXIV) 2019. The African Commission on Human and Peoples' Rights (the Commission), meeting at its 64th Ordinary Session held from 24 April to 14 May 2019 in Sharm El Sheikh, Arab Republic of Egypt;

‘1.     Condemns the various acts of human rights violations perpetrated, including violations of the right to life and the use of lethal force by the security against peaceful protesters;
 
2.     Calls on the Government to engage in a constructive dialogue with all stakeholders involved, with a view to finding mutually acceptable and lasting solutions to the issues at hand;
 
3.     Urges the Government to promptly investigate the human rights violations perpetrated during the pre and post -election clashes and to bring the alleged perpetrators to justice;
 
4.     Calls on the Government to make every effort to restore peace and the rule of law in order to enable the exercise of the fundamental rights and freedoms of its citizens;
 
5.     Invites the African Union, ECOWAS and the international community to be attentive to the situation and to support the restoration of peace, security, law and order throughout the country.’
 
If Benin Republic ignores such international condemnations, what could move them? Protests at the Benin Embassies is not going to be effective, is it? So, what should be the strategy for effective protest? Perhaps
1.     Protests at the French Foreign Office in Paris (not Beninese Embassy)
2.     Protests at the French Embassy in places likely to embarrass France - Brussels, Berlin, London
 
Constitution of the Republic of Benin
(Adopted at the referendum of 2 December 1990)
 
Article 7
The rights and duties proclaimed and guaranteed by the African Charter on Human and Peoples' Rights adopted in 1981 by the Organization of African Unity and ratified by Benin on January 20, 1986 shall be an integral part of the present Constitution and of Beninese law.
 
Article 8
The human person is sacred and inviolable. The state has the absolute obligation to respect it and protect it.
 
Article 16
No one shall be arrested or accused except by virtue of a law promulgated prior to the charges against him.
 
Article 17
Any person accused of an unlawful act shall be presumed innocent until his culpability has been legally established in the course of a public lawsuit during which all guarantees necessary to his free defence shall have been assured to him.
 
Article 39
Foreigners in the territory of the Republic of Benin shall have the benefit of the same rights and liberties as the Beninese citizens, and this under the conditions determined by law.
 
Igboho has now spent 5 months in detention. He has not been charged with any offence in the Benin Republic. The Cour De’appal De Cotonou has not even sat since he was arraigned on July 27, 2021.
 
The question arising is whether the Benin Republic would honour the judgement of the ECOWAS court if it went against them. In other words, realistically, are there any legal avenues available for Igboho to pursue in the Benin Republic? Perhaps Ilana Omo Oodua is right in engaging the Benin Republic in diplomacy and negotiations.

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