Benin - 2023 Legislative Election
Polling stations closed in Benin 08 January 2023 as voters went to the polls for a parliamentary election seen as a test of democracy in the West African nation. Opposition parties were back on the ballot for the vote after boycotting or being excluded from the most recent presidential and legislative votes. Benin's image as a bastion of democracy and stability in the region had been dented under President Patrice Talon, who went back on a pledge not to run for another term and oversaw a crackdown on the opposition since coming to power in 2016. Benin and other Gulf of Guinea coastal countries, Ghana, Togo and Ivory Coast, face a growing threat from jihadist violence spilling over their northern borders with the Sahel.
Democrats hoped to gain seats in preparation for 2026 presidential elections, when candidates will need lawmaker support to be registered. Parliament also plays a role in the composition of the Constitutional Court, which oversees rulings on election disputes. Its mandate ends this year and four new judges will be appointed by lawmakers while three are chosen by the president.
The Democrats party also said it would propose an amnesty law in parliament to free jailed colleagues and allow the return of political exiles. In December 2021, Reckya Madougou was sentenced to 20 years in prison on a charge of terrorism, while Joel Aivo—another opposition leader and academic—was jailed for 10 years for alleged conspiracy against the authority of the state. Both were sentenced by a special court dealing with terrorism and economic crimes, known as the CRIET. Critics say the court has been used to crack down on Talon's opponents since his government established it in 2016.
Benin is a constitutional presidential republic. On April 11, voters elected Patrice Talon in a multiparty election to a second five-year term as president. Registration and sponsorship requirements incorporated in the electoral code in 2019 and implemented during municipal elections excluded most opposition political parties from participating in the election. According to the government National Electoral Commission, voter turnout declined from 65 percent in 2016 to 50 percent; however, civil society organizations estimated voter turnout at only 27 percent. Voting did not take place in 16 of 546 electoral districts due to violent protests and demonstrations that prevented delivery of voting materials. International observers, however, assessed the election as generally free, fair, and transparent, but they expressed concern about the lack of inclusivity and competition among candidates. At least five civilians were reported killed and 21 police officers and military service members injured during election-related clashes.
Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by government forces; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; serious restrictions on free expression and media, including censorship and the existence of criminal libel laws; substantial interference with freedom of peaceful assembly and freedom of association; lack of investigation of and accountability for gender-based violence, including domestic and intimate partner violence, sexual violence, and child, early and forced marriage; and child labor.
During the year 2021 the Court for the Repression of Economic and Terrorism (CRIET) charged dozens of political opponents, human rights activists, and bloggers under broadly worded terrorism and public disturbance offenses. On April 4, CRIET judge Essowe Batamoussi resigned and fled the country. He stated that his resignation was due to government pressure to rule against its political opponents. On 18 August 2021, the government of France granted political asylum to Batamoussi.
From January to September 2021, approximately 200 nonviolent individuals reportedly were arrested for politically motivated reasons, with most awaiting trial in preventative detention. According to human rights organization representatives, not all arrests, charges, or locations of those detained were made public, and the families of those arrested were reticent to share information, fearing retribution.
Public and private media refrained from openly criticizing government policy. Some journalists practiced self-censorship because they were indebted to government officials who granted them service contracts. Other journalists practiced self-censorship due to fear the government would suspend their media outlets.
Permits are required prior to holding protests, but authorities regularly denied or ignored requests for permits. Authorities sometimes cited "public order" to prevent demonstrations by opposition groups, civil society organizations, and labor unions.
The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Constitutional amendments passed in 2019 requiring sponsorship from elected officials to participate as a presidential candidate, however, created a political process that is neither inclusive nor competitive. Freedom of expression and freedom of assembly were both limited throughout the presidential election political process.
About 6.6 million voters were eligible to take part in the 2022 polls to elect 109 deputies, including at least 24 women – at least one per constituency – according to a new electoral code. Seven parties took part in the vote, including the Les Democrates party linked to Talon's predecessor and rival Thomas Boni Yayi.
Boni Yayi's supporters led protests in 2019 after opposition parties were blocked from the legislative vote for failing to meet strict new eligibility criteria. It was the first time since 2019 that the opposition is back on the ballot, which is significant. The opposition need representation in parliament in order for their candidates to qualify for the presidential elections, due in 2026.
This election witnessed a low turnout, lower than expectations of civil society. Preliminary results, which are expected on January 11, may also be an indicator of the strength of the various political forces jostling to succeed President Talon.
Pro-Talon Republican Bloc and Progressive Union for Renewal parties together won 81 seats in the 109-member parliament with opposition Democrats gaining 28 seats, according to preliminary results.
Benin's main opposition on 12 January 2023 rejected the results of this week's parliamentary election, claiming vote buying and fraud allowed allies of President Patrice Talon to win a majority of legislature seats. Democrats party leader Eric Houndete denounced "flagrant" ballot box stuffing, rigging and vote buying by the two pro-government parties, without providing immediate evidence. "The Democrats party rejects this result, which does not reflect the will of the people to make our party the first political force in our country," Houndete said. "The count attributed to the Siamese parties (the two pro-Talon parties) could only be achieved thanks to the schemes put in place to distort the democratic game."
Benin's pro-government parties won a majority of seats in parliament, the country's constitutional court said 12 January 2023, in a vote marking the return of the opposition after four years of absence. Parties supporting Talon, the Republican Bloc and the Progressive Union for Renewal parties together won 81 out of 109 seats in parliament, said Razaki Amouda Issifou, president of the constitutional court. The opposition Democrats party gained 28 seats, he said, adding that voter turnout was 37.79 percent.
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