Benin’s new Senate raises questions over power and legitimacy

The new institution will be able to request a second reading of legislation and veto constitutional, electoral or political party reforms it considers a threat to democracy, peace or national unity.

It will also be able to suspend or revoke the political rights of public figures whose conduct is judged as a threat to the country's institutions or social cohesion, public law professor Gilles Badet told RFI.

“This senate is the second chamber of the Beninese Parliament and, as such, it provides a mechanism for quality control over the work carried out by the National Assembly,” said Badet, a former secretary-general of Benin's Constitutional Court who teaches at the University of Abomey-Calavi in Gadomey.

Wadagni wastes no time forming new Benin government after landslide win

Constitutional safeguards

The senate will be able to request another parliamentary reading if it believes that legislation contains provisions that could be difficult to apply.

It will also oversee matters linked to peace, democracy and national unity, including proposed changes to the constitution, electoral rules and laws governing political parties.

“Benin has distinguished itself through its respect for democratic alternation of power, through strict term limits, and through the prohibition of amendments that would allow those in power to remain in office,” Badet said.

“And so this senate will ensure that provisions of this kind are not called into question, because any amendment to the constitution must now be approved by the senate before it can come into force.”

The chamber will also assess the behaviour of political figures accused of undermining peace or national unity.

“Politicians can sometimes be inclined to make statements that could undermine national unity,” Badet said. “They might be inclined to engage in acts of rebellion or insurrection – anything that could disrupt the normal functioning of institutions, peace and national unity.”

The senate would decide whether such conduct justified suspending or withdrawing the political rights of the person involved.

Badet described it as a disciplinary body for politicians, a role previously exercised largely by the Constitutional Court. The court will continue to arbitrate disputes between institutions, while the senate will assess politicians' conduct as “a more political than judicial body”.

Benin votes for new president amid 'severe restrictions' on civil liberties

Questions of legitimacy

The senate's roughly 25 members will be appointed rather than directly elected, prompting the opposition Democrats to denounce it as undemocratic.

Badet argued that many would still have democratic or constitutional legitimacy, having previously served as elected presidents, National Assembly speakers or heads of the Constitutional Court.

“Former presidents of the Republic have all stood for election by universal suffrage,” he said. “Former Speakers of the National Assembly have all been elected by universal suffrage to hold their posts. Former Presidents of the Constitutional Court were appointed in accordance with the constitution, and all members of the senate are appointed in accordance with a constitution that has been ratified by the people.”

He said the chamber's legitimacy should also be judged through its members' experience, rather than solely through fresh elections.

Political prisoners

Critics have questioned whether the limited number of opposition figures could turn it into a rubber-stamp chamber. Former president Boni Yayi is a prominent opponent.

Yayi announced six months ago that he would boycott the senate but later changed his position, saying he would take his seat to defend civil liberties.

His presence could revive discussion of imprisoned political opponents, including Reckya Madougou and Joël Aïvo, who have been detained for more than five years.

“It is not out of the question that debates concerning those who are in conflict with the law or who are in prison might indeed resurface within the senate,” Badet said.

Its members' experience and independence could help bring more people into the country's political life, he added.

“Through their wisdom, they might help ensure that all the country's children can participate in the development of this nation in a spirit of national unity.”

Benin heads to polls after failed coup shakes political landscape

Talon's future role

Former president Patrice Talon is expected to become a member of the senate, which was established shortly before he stepped down as president six months ago.

His membership has prompted questions over whether it could protect him against possible legal proceedings.

Badet said responsibility for authorising proceedings against a former president remained with the National Assembly rather than the senate.

“It is the National Assembly that authorises prosecution, it is the National Assembly that authorises impeachment,” he said. “And so I find it hard to see the senate blocking an impeachment procedure once the National Assembly has authorised it.”

Questions have also been raised over the influence Talon could retain if he became president of the senate.

Badet said Talon could continue to exert influence, as former presidents often did, but the Senate had no direct authority over the presidency or executive branch.

“The president has his own powers,” he said. “The president has exceptional powers which he can invoke when he is at odds with the houses of parliament. And the president of the Republic cannot be sanctioned by the senate.”

The National Assembly would remain able to initiate impeachment proceedings and refer the head of state to the High Court of Justice, he said, adding that the senate should be seen as an advisory institution rather than a rival centre of executive power.

“The senate is not really the Leviathan or the wild beast that would come to devour the president of the Republic,” Badet said. “I believe there is, rather, a balance, and that the senate is there to support him.”

This article has been adapted from an interview by Christophe Boisbouvier of RFI's French service.