Concerning the Constitution of the Republic of Benin The High Council of the Republic, in accordance with the Constitutional Law of 13 August 1990, has proposed, The Beninese People have adopted by Constituent Referendum of 2 December 1990, The President of the Republic promulgates the Constitution with the following wording: PREAMBLE Dahomey, proclaimed a Republic on 4 December 1958, acceded to international sovereignty on 1 August 1960. It became the People's Republic on Benin on 30 November 1975, and then the Republic of Benin on 1 March 1990, [and] has experienced a constitutional evolution and political development since its accession to independence, [in which] only the option in favor of the Republic remained perennial. The successive changes of political regimes and of governments have not blunted the determination of the Beninese People to look to its own genius, [to] the values of a cultural, philosophical and spiritual civilization which animated the forms of its patriotism. Therefore, the Conference of Living Forces of the Nation, held at Cotonou, from 19 to 28 February 1990, in restoring confidence to the People, has permitted the national reconciliation and the advent an era of Democratic Renewal. As a result of this Conference, WE, the Beninese People, - Reaffirm our fundamental opposition to any political regime founded on arbitrariness, dictatorship, injustice, corruption, extortion, regionalism, nepotism, the seizure of power and personal power; - We express our firm determination to defend and preserve our dignity in the eyes of world and to reestablish the role of pioneer of democracy and of the defense of the rights of man that were once ours; - Solemnly affirm our determination by this Constitution to create a State of law and pluralist democracy in which the fundamental rights of man, the public freedoms, [and] the dignity and justice of the human person are guaranteed, protected and promoted as a necessary condition for the true and harmonious development of every Beninese in their temporal, cultural and spiritual dimension; - Reaffirm our commitment to the principles of democracy and of the rights of man which have been defined by the Charter of the United Nations 1945 and the Universal Declaration of the Rights of Man of 1948, the African Charter of the Rights of Man and of Peoples adopted in 1981 by the Organization of African Unity, [which was] ratified by Benin on 20 January 1986 and whose provisions are made an integral part of this Constitution and of Beninese law and which have a standing superior to the internal law; - Affirm our resolve to cooperate in peace and friendship with all people who share our ideals of freedom, of justice, of human solidarity, on the basis of principles of equality, of reciprocal interest and of mutual respect of national sovereignty and territorial integrity; - Proclaim our commitment to the cause of African Unity and our engagement with all to implement the realization of sub-regional and regional integration. Adopt solemnly this Constitution which is the supreme law of the State and to which we swear loyalty, fidelity and respect. TITLE I OF THE STATE AND OF SOVEREIGNTY Article I The State of Benin is an independent and sovereign Republic. The Capital of the Republic of Benin is Porto-Novo. The National Emblem is the tricolor green, yellow and red flag. Starting from the pole, a green band along the entire height and two-fifths of its length, two equal horizontal bands: the superior [is] yellow, the inferior [is] red. The Hymn of the Republic is "L'Aube Nouvelle". The motto of the Republic is "Fraternit6-Justice-Travail" [Fraternity-Justice-Work]. The official language is French. The Seal of the State, constituted by a disk of one hundred twenty millimeters of diameter, represents: - on the obverse, a pirogue charged with six stars of five points moving [voguant] on the waves, accompanied above by a bow and arrow inverted [en palm] supported by two ceremonial staffs [ricades] saltire, and below by a banderole carrying the motto "Fraternit6-Justice-Travail" and, surrounding [it], the inscription "R6publique du B6nin"; - and on the reverse a divided shield in the first [part] of sinople, in the second part of gold and of gules, which are the three colors of the flag, the shield surrounded by two palms proper with trunks saltire. The Coat-of-Arms of Benin are: - Quartered [,] in the first quarter a Somba fortress of gold; - In the second [quarter,] argent a Star of Benin proper [,] that is to say a cross of eight points of azure angled as rays and of sable outlined; - In the third [quarter,] argent a palm of sinople charged with fruit gules; - In the fourth [quarter,] argent a black ship sailing on the sea of azure [;] with on the quartering lines passing from the sides a diamond [losange] gules; - Supporters: two spotted panthers of gold [rampant]; - Crest [timbre]: two cornucopias of sable from which spill ears of corn; - Motto: Fraternit6-Justice-Travail in sable characters on a banderole. Article 2 The Republic of Benin is one and indivisible, secular and democratic. Its principle is: Government of the People, by the People and for the People. Article 3 National sovereignty belongs to the People. No fraction of the People, no community, no corporation, no political party or association, no union organization or any individual may arrogate its exercise. Sovereignty is exercised in accordance with this Constitution which is the Supreme Law of the State. Any law, any regulatory text and any administrative act contrary to these provisions is null and void. In consequence, any citizen has the right to present himself before the Constitutional Court against the laws, texts and acts presumed unconstitutional. Article 4 The People exercise their sovereignty by their elected representatives and by way [voie] of referendum. The conditions of recourse to the referendum are determined by this Constitution and by an organic law. The Constitutional Court sees to the regularity of the referendum and proclaims the results of it. Article 5 The political parties concur in the exercise of suffrage. They are formed and exercise their activities freely within the conditions determined by the Charter of Political Parties [Charte des Partis politiques]. They must respect the principles of national sovereignty, of democracy, of the territorial integrity and of the secularity of the State. Article 6 Suffrage is universal, equal and secret. Within the conditions determined by the law, all Beninese nationals of the two sexes having attained eighteen years of age and enjoying their civil and political rights [,] are electors. TITLE II OF THE RIGHTS AND DUTIES OF THE HUMAN PERSON Article 7 The rights and the duties proclaimed and guaranteed by the African Charter of the Rights of Man and of Peoples adopted in 1981 by the Organization of African Unity and ratified by Benin on 20 January 1986 are made an integral part of this Constitution and of Beninese Law. Article 8 The human person is sacred and inviolable. The State has the absolute obligation to respect it and to protect it. It guarantees to him a full realization. To this effect, it assures to its citizens the equal access to health, to education, to culture, to information, to vocational training and to employment. Article 9 Every human being has the right to the development and full realization of [their] person in [their] material, temporal, intellectual and spiritual dimensions, as long as it neither violates the rights of others or infringes the constitutional order and good morals. Article 10 Every person has the right to culture. The State has the duty to safeguard and to promote the national values of civilization, both material and spiritual, as well as the cultural traditions. Article 11 All the communities comprising the Beninese Nation enjoy the freedom to use their spoken and written languages and to develop their own culture while respecting those of others. The State must promote the development of national languages of intercommunication. Article 12 The State and public collectivities guarantee the education of children and create conditions favorable to this objective. Article 13 The State provides for the education [éducation] of youth by the public schools. Primary education [enseignement] is obligatory. The State assures, progressively, the gratuity of public education. Article 14 The religious institutions and communities may equally concur in the education of youth. Private schools, secular or religious, may be opened with the authorization and control of the State. The private schools may benefit from subsidies [subventions] of the State within the conditions determined by the law. Article 15 Every individual has the right to life, to liberty, to the security and to the integrity of [their] person. Article 16 One may only be arrested or charged [inculpé] by virtue of a law promulgated prior to the acts of which he is accused. No citizen may be forced into exile. Article 17 Any person accused of a criminal [délictueux] act is presumed innocent until [their] culpability has been legally established in the course of a public process during which all the necessary guaranties to [their] free defense have been assured to [them]. No one will be condemned for actions or omissions which, at the time at which they were committed, did not constitute an infraction before the national law. Likewise, [they] cannot be inflicted with a penalty greater than that which was applicable at the time the infraction was committed. Article 18 No one may be submitted to torture, or to cruel, inhuman or degrading measures [sévices] or treatments. No one has the right to prevent a detained [person] or an accused [person] from being examined by a doctor of their choice. No one may be detained in a prison if it does not fall under the effect [coup] of a penal law in force. No one may be detained for a period greater than forty-eight hours unless by the decision of a magistrate before whom he must be presented. This period may be prolonged only in exceptional cases provided by the law and which cannot exceed a period greater than eight days. Article 19 Any individual, or any agent of the State who is guilty of an act of torture, of cruel, inhuman or degrading measures or treatment in the exercise or in connection with the exercise of their functions, either on their own initiative, or on instruction, will be punished according to the law. Any individual, any agent of the State shall be relieved of the duty of obedience when the order received constitutes a grave and manifest infringement [atteinte] to the respect of the rights of Man and of the public freedoms. Article 20 The domicile is inviolable. Entry of the domicile or searches may only be effected within the forms and conditions provided for by the law. Article 21 The secrecy of correspondence and of communications is guaranteed by the law. Article 22 Every person has the right to property. One may only be deprived of his property for [a] cause of public utility and with [contre] just and prior compensation [dédommagement]. Article 23 Every person has the right to freedom of thought, of conscience, of religion, of belief [culte], of opinion and of expression within respect for public order established by the law and the regulations. The exercise of belief and of expression of beliefs [croyances] shall be effected within respect for the secularity of the State. The institutions, the religious or philosophical communities, have the right to develop themselves unimpeded. They are not subject to the supervision [tutelle] of the State. They regulate and administer their affairs in an autonomous manner. Article 24 The freedom of [the] press is recognized and guaranteed by the State. It is protected by the High Authority of Broadcasting and of Communication [Haute Autorité de l'Audio-Visuel et de la Communication] within the conditions established by an organic law. Article 25 The State recognizes and guarantees, within the conditions established by the law, the freedom of movement [aller et venir], the freedom of association, of assembly, of procession [cortège], and of demonstration. Article 26 The State assures to all equality before the law without distinction of origin, of race, of sex, of religion, of political opinion or of social position. The man and the woman are equal in law. The State protects the family and particularly the mother and the child. It sees to the handicapped and the elderly. Article 27 Every person has the right to a healthy, satisfactory and sustainable environment and has the duty to defend it. The State sees to the protection of the environment. Article 28 The storage, handling and disposal of toxic waste or pollutants originating from factories and other industrial or artisanal sources [unités] situated on the national territory are regulated by the law. Article 29 The transit, importation, storage, dumping [or] spill, on the national territory, of toxic waste or foreign pollutants, and any agreement related [to it] constitute a crime against the Nation. The applicable penalties are defined by the law. Article 30 The State recognizes to all the citizens the right to work and strives to create the conditions that render the enjoyment of this right effective [,] and guarantees to the worker fair compensation for [his] services or for [his] production. Article 31 The State recognizes and guarantees the right to strike. Any worker may defend, within the conditions provided by the law, [his] rights and [his] interests either individually or collectively or by trade union action. The right to strike is exercised within the conditions defined by the law. Article 32 The defense of the Nation and of the integrity of the territory of the Republic is a sacred duty for each Beninese citizen. Military service is obligatory. The conditions for accomplishing this duty are determined by the law. Article 33 All citizens of the Republic of Benin have the duty to work for the common good, to fulfill all their civic and professional obligations, [and] to pay their taxes. Article 34 Any citizen of Benin, civil or military, has the sacred duty to respect, in all circumstances, the Constitution and the established constitutional order as well as the laws and regulations of the Republic. Article 35 The citizens charged with a public function or elected to a political function have the duty to accomplish it with conscience, competence, probity, dedication and loyalty in the interest and respect for the common good. Article 36 Each Beninese has the duty of respect for and consideration of his fellow [man] without any discrimination and of maintaining with others relations that permit the safeguarding, the reinforcing, and the promotion of reciprocal respect, dialogue and tolerance with a view to peace and to national cohesion. Article 37 The public good is sacred and inviolable. Each Beninese citizen must scrupulously respect it and protect it. Any act of sabotage, of vandalism, of corruption, of embezzlement, of misappropriation, or of illicit enrichment, is punished [réprimé] within the conditions provided for by the law. Article 38 The State protects the legitimate rights and interests of the Beninese citizens abroad. Article 39 Foreigners enjoy in the territory of the Republic of Benin the same rights and freedoms as Beninese citizens, and this within the conditions determined by the law. They are required to conform to the Constitution, to the laws and to the regulations of the Republic. Article 40 The State has the duty to assure the dissemination and the teaching of the Constitution, of the Universal Declaration of the Rights of Man of 1948; of the African Charter of the Rights of Man and of Peoples of 1981 as well as all international instruments duly ratified and relative to the Rights of Man. The State must integrate the rights of the human person into the programs of literacy and of teaching at the various scholarly and university levels [cycles] and in the training programs of the Armed Forces [and] Forces of the Public Security and Similar [Forces] [Assimilés]. The State must equally assure, by all means of mass communication, in particular by radio and television broadcasting[,] the diffusion and teaching of these same rights in the national languages.< Title III OF THE EXECUTIVE POWER Article 41 The President of the Republic is the Head of State. He is the elect [I'élu] of the Nation and embodies the national unity. He is the guarantor of national independence of the territorial integrity and of respect for the Constitution, treaties and international agreements. Article 42 The President of the Republic is elected by direct universal suffrage for a mandate of five years, renewable one sole time. In no case may one exercise more than two presidential mandates. Article 43 The election of the President of the Republic takes place by uninominal majority ballot in two rounds. Article 44 No one can be a candidate to the function of the President of the Republic if: - [They are] not of Beninese nationality by birth or have acquired [it for] at least ten years; - [They are] not of good morals and of grand probity; - [They] do not enjoy their civil and political rights; - [They] are not of 40 years of age at least and 70 years at most at the date of deposit of their candidature; - [They] do not reside in the territory of the Republic of Benin at the time of the elections; - [They] do not enjoy a complete state of physical and mental well-being duly stated by a board [collage] of three doctors designated under oath by the Constitutional Court. Article 45 The President of the Republic is elected with the absolute majority of the suffrage expressed. If it is not obtained in the first round of the ballot, it proceeds, with a time period of fifteen days, to a second round. Only the two candidates who have received the greatest number of votes in the first round can present themselves at the second round of the ballot. In case of withdrawal of one or the other of the two candidates, those subsequent [suivants] may be presented in the order of ranking after the first ballot. The candidate having received the relative majority of the suffrage expressed is declared elected in the second round. Article 46 The convocation of the electors is made by decree taken in the Council of Ministers. Article 47 The first round of the ballot for the election of the President of the Republic is held thirty days at least and forty days at most before the date of expiration of the powers of the President in office [exercice]. The mandate of the new President of the Republic takes effect from the date of expiration of the mandate of his predecessor. Article 48 The law specifies the conditions of eligibility of presentation of the candidatures, the conduct of the ballot, [and] the counting and proclamation of the results of the election of the President of the Republic. The law specifies the civil list of the President of the Republic and determines the pension to be allocated to the former Presidents of the Republic. However, as of [pour compter] the promulgation of this Constitution, only the Presidents of the Republic constitutionally elected may benefit from the provisions of the preceding paragraph. Article 49 The Constitutional Court sees to the regularity of the ballot and declares the results. The election of the President of the Republic is the subject of a provisional proclamation. If no protest relative to the regularity of the electoral operations has been deposited at the Office [Greffe] of the Court by one of the candidates within five days of the provisional proclamation, the Court declares the President of the Republic definitively elected. In [the] case of protest, the Court is required to decide [statuer] within ten days [from] the provisional proclamation; its decision establishes [emporte] definitive proclamation or annulment of the election. If no protest has been raised in the period of five days and if the Constitutional Court is of the opinion [estime] that the election will not be subject to any irregularity of a nature leading to [its] annulment, it proclaims the election of the Presidency of the Republic within the fifteen days which follow the ballot. In case of annulment, it will proceed to a new round of the ballot within fifteen days of the decision. Article 50 In case of vacancy of the President of the Republic by death, resignation or definitive impediment, the National Assembly meets to decide on the case with the absolute majority of its members. The President of the National Assembly refers [the matter] to the Constitutional Court which establishes and declares the vacancy of the Presidency of the Republic. The functions of President of the Republic, with the exception of those specified in Articles 54 paragraph 3, 58, 60, 101 and 154 are provisionally exercised by the President of the National Assembly. The election of the new President of the Republic takes place thirty days at least and forty days at most after the declaration of the definitive character of the vacancy. In the case of impeachment of the President of the Republic before the High Court of Justice, his interim is assured by the President of the Constitutional Court, who exercises all the functions of President of the Republic with the exception of those specified in Articles 54 paragraph 3, 58, 60, 101 and 154. In the case of absence from the territory, of illness, and of leave of absence [congd] of the President of the Republic, his interim is assured by a member of the Government that he will have designated and within the limits of the powers he will have delegated to him. Article 51 The functions of President of the Republic are incompatible with the exercise of any other elective mandate, of any public, civil or military employment and of any professional activity. Article 52 For the duration of their functions, the President of the Republic and the members of the Government may not by themselves, or by an intermediary [,] buy or lease anything that belongs to the domain of the State, without prior authorization of the Constitutional Court within the conditions specified by the law. They are required, when they enter into their function and at the end of it [,] to make on their honor a written declaration of all their assets and patrimony addressed to the Chamber of Accounts of the Supreme Court. They may not take part in the supply contracts [marché d'fournitures] and the awards [adjudications] of the administrations or institutions relevant to the State of submitted to their control. Article 53 Before he enters into his function[s], the President of the Republic takes the following oath: "Before God, the Spirits of the Ancestors, the Nation and before the Beninese People, the sole holders of sovereignty: We, President of the Republic, elected conforming to the laws of the Republic, solemnly swear - to respect and defend the Constitution that the Beninese People have freely given: - to loyally fulfill the high functions that the Nation has entrusted to us; - to be guided by the general interest and respect for the rights of the human person, to devote all our strength to the search for and the promotion of the common good, of peace and of national unity; - to preserve the integrity of the national territory; - to conduct [our self] throughout as a faithful and loyal servant of the People. In case of perjury, that we will submit to the rigors of the law." The oath is received by the President of the Constitutional Court before the National Assembly and the Supreme Court. Article 54 The President of the Republic is the holder of the executive power. He is the head of the Government and in this capacity he determines and conducts the policy of the Nation. It exercises the regulatory power. He directs [dispose] the administration and the Armed Forces. He is responsible for the National Defense. He appoints, after the consultative opinion of the National Assembly, the members of the Government; he establishes their attributions and terminates their functions. The members of the Government are responsible to him. The functions of member of the Government are incompatible with the exercise of any parliamentary mandate, of any public, civil or military employment and of any professional activity. The acts of the President of the Republic [,] other than those provided for in Articles 60 and 115[,] are countersigned by the Ministers charged with their execution. Article 55 The President of the Republic presides over the Council of Ministers. The Council of Ministers deliberates obligatorily on: - the decisions determining the general policy of the State; -the Bills of law; - the ordinances and the regulatory decrees. Article 56 The President of the Republic appoints three of the seven members of the Constitutional Court. After the opinion of the President of the National Assembly, he appoints in the Council of Ministers: the President of the Supreme Court, the President of the High Authority of Broadcasting and of Communication, [and] the Grand Chancellor of the National Order [Grand Chancelier de I'Ordre National]. He equally appoints in the Council of Ministers: the members of the Supreme Court, the Ambassadors, the Extraordinary Envoys, the Magistrates, the General and Superior Officers [and] the High Functionies of which the list is established by an organic law. Article 57 The President has the initiative of law concurrently with the members of the National Assembly. He assures the promulgation of the laws within the fifteen days which follow [their] transmission to him which is made by the President of the National Assembly. This time period is reduced to five days in case of urgency declared by the National Assembly. He may, before the expiration of these time periods, demand of the National Assembly a second deliberation of the law or certain of its articles. This second deliberation may not be refused. If the National Assembly is at the end of the session, this second deliberation takes place [,] of office [,] when the next ordinary session follows. The vote for this second deliberation is acquired by the absolute majority of members composing the National Assembly. If after this latter vote, the President of the Republic refuses to promulgate the law, the Constitutional Court, referred to [the matter] by the President of the National Assembly, declares the law executory if it conforms to the Constitution. The same procedure of implementation is followed when [,] at the expiration of the time period of promulgation of fifteen days specified in paragraph 2 of this Article, there has been neither promulgation nor demand for a second reading. Article 58 The President of the Republic, after consultation with the President of the National Assembly and of the President of the Constitutional Court, can take the initiative of referendum on any question relative to the promotion and to the strengthening of the Rights of Man, to sub-regional or regional integration and to the organization of the public powers. Article 59 The President of the Republic assures the execution of the laws and guarantees those of the decisions of justice. Article 60 The President of the Republic has the right of pardon. He exercises this right within the conditions defined by Article 130. Article 61 The President of the Republic accredits the Ambassadors and Extraordinary Envoys to foreign powers; the Ambassadors and the Extraordinary Envoys of foreign powers are accredited to him. Article 62 The President of the Republic is the Supreme Head of the Armies. He appoints in the Council of Ministers the members of the Superior Council of Defense and presides over the meetings of said Council. The composition, organization and functioning of the Superior Council of Defense are established by a law. Article 63 The President of the Republic can, in addition to the specialized functions of defense of the territorial integrity assigned [dévolues] to the Army, have it assist in the economic development of the Nation and any other tasks of public interest within the conditions defined by the law. Article 64 Any member of the Armed Forces or of [the Forces of] Public Security who desires to be a candidate to the functions of President of the Republic must have previously given his resignation to the Armed Forces or [the Forces of] Public Security. In this case the interested [person] can claim any benefits of law acquired in accordance with the statutes of his corps. Article 65 Any attempt to overthrow the constitutional regime by the personnel of the Armed Forces or of [the Forces of] Public Security will be considered as a breach of office [forfaiture] and a crime against the Nation and the State and will be sanctioned according to the law. Article 66 In the case of a coup d'6tat, of a putsch, of aggression by mercenaries or of any coup of force whatever, any member of a constitutional organ has the right and the duty to make use of [faire appel] all means to reestablish the constitutional legitimacy[,] including the recourse to existing military cooperation or defense agreements. In these circumstances, for all Beninese, to disobey and to organize to defeat the illegitimate authority constitutes the most sacred of rights and the most imperative of duties. Article 67 The President may not make use of foreign Armed Forces or Police to intervene in an internal conflict except in cases provided for in Article 66. Article 68 When the institutions of the Republic, the independence of the Nation, the integrity of the national territory or the execution of international commitments are threatened in a grave and immediate manner and [when] the regular functioning of the constitutional powers is threatened or interrupted, the President of the Republic, after consultation with the President of the National Assembly and of the President of the Constitutional Court, takes in the Council of Ministers the exceptional measures required by the circumstances without the rights of citizens guaranteed by the Constitution being suspended. He informs the Nation of it by a message. The National Assembly meets of plain right in extraordinary session. Article 69 The measures taken must be inspired by the will to assure to the public and constitutional powers[,] within the least time period, the means to accomplish their mission. Article 70 The President of the Republic can delegate certain of his powers to the Ministers except those specified in Articles 54 paragraph 3, 60, 61, 101, 115, 133 and 144. Article 71 The President of the Republic or any member of his Government can, in the exercise of their governmental functions, be interpellated by the National Assembly. The President of the Republic responds to these interpellations by himself or by one of the Ministers that he specifically delegates to the National Assembly. In this circumstance, the National Assembly can take a resolution to make recommendations to the Government. Article 72 The President of the Republic addresses one time per year a message to the National Assembly on the state of the Nation. He may also, at any time, address messages to the National Assembly. These messages do not give rise to any debate; however, they may inspire the work of the Assembly. Article 73 The personal responsibility of the President of the Republic is engaged in case of high treason, of contempt [outrage] of the Assembly, or of damage to honor or probity. Article 74 There is high treason when the President has violated his oath, is identified as author, co-author or accomplice of grave and characterized violations of the Rights of Man, of cession of part of the national territory or of an act prejudicial to [attentatoire] the maintenance of a healthy environment, satisfactory, sustainable [durable] and conducive to development. Article 75 There is damage [atteinte] to honor and probity notably where the personal comportment of the President of the Republic is contrary to good morals or when he is identified as the author, co-author or accomplice of malfeasance, of corruption, [or] of illicit enrichment. Article 76 There is contempt of the National Assembly when, on questions raised by the National Assembly on the governmental activity, the President of the Republic does not furnish any response within a time period of thirty days. Article 77 After this time period, the President of the National Assembly refers the Constitutional Court to [the matter] of this grave breach of the constitutional provisions. The Constitutional Court decides within three days. The President of the Republic is required to furnish answers to the National Assembly within the most brief time and in any case before the end of the current session. At the expiration of this time period, if nothing has been done by the President of the Republic [as a result of] the decision of the Court, the President of the Republic is brought before the High Court of Justice for contempt of the National Assembly. Article 78 The acts specified in Articles 74 and 77 will be prosecuted and punished according to the provisions of Articles 136 and 138 of this Constitution. Title IV OF THE LEGISLATIVE POWER I - OF THE NATIONAL ASSEMBLY Article 79 The Parliament is constituted by a sole Assembly called the National Assembly whose members have the title of Deputy. It exercises the legislative power and controls the action of the Government. Article 80 The Deputies are elected by universal direct suffrage. The duration of the mandate is of four years. They are re-eligible. Each Deputy is the representative of the entire Nation and any imperative mandate is null. Article 81 The law establishes the number of members of the National Assembly, the conditions of eligibility, the regime of incompatibilities, [and] the conditions within which vacant seats are provided for. The Constitutional Court decides sovereignly on the validity of the election of the Deputies. Any member of the Armed Forces or of [the Forces of] Public Security who desires to be a candidate to the functions of Deputy must previously give his resignation to the Armed Forces or [the Forces of] Public Security. In this case, the interested [person] can claim any benefits of law acquired in accordance with the statutes of his corps. Article 82 The National Assembly is directed by a President assisted by a Bureau. They are elected for the duration of the legislature within the conditions established by the Internal Regulations of the said Assembly. When he assures the interim of the President of the Republic within the conditions specified in Article 50 of this Constitution, the President of the National Assembly is replaced in his functions in accordance with the Internal Regulations of the Assembly. Article 83 In case of vacancy of the Presidency of the National Assembly by death, resignation or any other cause, the Assembly elects a new President within the fifteen days which follow the vacancy, if it is in session; in the contrary case, it meets of plain right within the conditions established by its Internal Regulations. In the case of necessity, the replacement of other members of the Bureau is provided for in accordance with the provisions of the Internal Regulations of the said Assembly. Article 84 The President of the National Assembly must render account to the Assembly on his administration and on his activities and furnish any explanations to it which it might demand. Any Deputy may address to the President of the Assembly written or oral questions on his activities and his administration. The National Assembly may constitute a commission of inquiry charged to make a detailed [circonstancié] report to it. By the terms of this report, the National Assembly can demand the resignation of its President by a majority of two-thirds of its members. If this quorum is attained [atteinte], the President of the Assembly is automatically removed from his functions, while retaining his title of Deputy. The National Assembly proceeds within a time period of fifteen days to the election of a new President. Article 85 If at the opening of a session, the quorum of half plus one of the members composing the National Assembly is not reached, the sitting is postponed to the third day which follows. The deliberations are valid, whatever the quorum may be. Article 86 The sittings of the Assembly are only valid if they occur in the ordinary place [lieu] of the sessions, except in cases of force majeure duly declared by the Constitutional Court. The complete record of the debates of the National Assembly is published in the Journal Officiel [Official Gazette]. Article 87 The Assembly meets of plain right in two ordinary sessions each year. The first session opens in the course of the first fifteen days of the month of April. The second session opens in the course of the second fifteen days of the month of October. Each of the sessions may not exceed three months. Article 88 The National Assembly is convoked in extraordinary session by its President on a specific agenda, at the demand of the President of the Republic or of the absolute majority of the Deputies. The duration of an extraordinary session may not exceed fifteen days. The National Assembly recesses [sépare] as soon as the agenda is completed. Article 89 The work of the National Assembly takes place following [the] Internal Regulations which it adopts in accordance with the Constitution. The Internal Regulations determine: - The composition, [and] the rules of functioning of the Bureau as well as the powers and prerogatives of its President; - The members, the mode of designation, the composition, the role and the competence of its permanent commissions as well as those [commissions] which are special and temporary; - The creation of commissions of parliamentary inquiry within the framework of control of the governmental action; - the organization of administrative services directed by the Administrative Secretary General, placed [place] under the authority of the President of the National Assembly; - the regime of discipline of the Deputies in the course of the sessions of the Assembly. - The different modes of the ballot, with the exception of those expressly provided for by this Constitution. Article 90 The members of the National Assembly enjoy parliamentary immunity. Consequently, no Deputy may be prosecuted, investigated, arrested, detained or tried concerning the opinions or votes emitted by him in the exercise of his functions. No Deputy may, for the duration of the sessions, be prosecuted or arrested in a criminal or correctional matter without the authorization of the National Assembly, except in the cases of flagrante delicto. No Deputy may, out of session, be arrested without the authorization of the Bureau of the National Assembly, except in the case of flagrante delicto, of authorized prosecution or of definitive condemnation. The detention or the prosecution of a Deputy is suspended if the National Assembly requires it by a vote with a majority of two-thirds. Article 91 The Deputies receive the parliamentary indemnities that are established by the law. Article 92 Any Deputy appointed to a ministerial function loses, of office, his parliamentary mandate. The conditions of his replacement are established by the law. Article 93 The right to vote of the Deputies is personal. The Internal Regulations of the National Assembly may authorize, exceptionally, the delegation of the vote. In this case, no one may receive the delegation of more than one mandate. II- OF THE RELATIONS BETWEEN THE NATIONAL ASSEMBLY AND THE GOVERNMENT Article 94 The National Assembly informs the President of the Republic of the agenda of its sittings and of those of its commissions. Article 95 The members of the Government have access to the sittings of the National Assembly. They attend at the demand of a Deputy, of a commission, or on their own demand. They may be given assistance by experts. Article 96 The National Assembly votes the laws and consents to taxes. Article 97 The law is voted by the National Assembly with a simple majority. However, the laws to which this Constitution confers the character of organic laws are voted and modified within the following conditions: - The proposal or the Bill may only be submitted to the deliberation and to the vote of the National Assembly after the expiration of a time period of fifteen days after its deposit with the Bureau of the Assembly. - The text may only be adopted with the majority of the members composing the Assembly. - The organic laws may only be promulgated after [the] declaration by the Constitutional Court of their conformity with the Constitution. Article 98 The rules concerning [the following] are of the domain of the law: - Citizenship, civil rights and the fundamental guarantees accorded to citizens for the exercise of the public freedoms; the constraints imposed, in the interest of national defense and public security, on citizens [concerning] their persons and their assets; - Nationality, the state and the capacity of persons, the matrimonial regimes, inheritance and gifts; - The procedure according to which customs [coutumes] will be recognized [constatées] and placed in harmony with the fundamental principles of the Constitution; - The determination of crimes and misdemeanors as well as the penalties which are applicable to them; - Amnesty; - The organization of jurisdictions of all orders and the procedure to be followed before these jurisdictions, the creation of new orders of jurisdiction, the status of the magistrature, of the ministerial offices and of the auxiliaries of justice; - The establishment, the rate and the modalities of collection of taxes of any nature; - The regime of issuing of money; - The electoral regime of the President of the Republic, of the members of the National Assembly and of the Local Assemblies; - The creation of categories of public establishments; - The General Statute of the Public Function; - The Statute of the Military Personnel, of the Forces of Public Security and Similar [Forces]; - The general organization of the administration; - The territorial organization, the creation and the modification of administrative circumscriptions as well as the electoral divisions [découpages]; - The state of siege and the state of urgency; The law determines fundamental principles: - of the organization of the national defense; - of the free administration of the territorial collectivities, of their competences, and of their resources; - of education and of scientific research; - of the regime of property, of real rights and of civil and commercial obligations; - of the nationalization and denationalization of enterprises and of the transfers of property of the public sector to the private sector; - of the right to work, of social security, of the syndical right and of the right to strike; - of the alienation and of the management of the domain of the State; - of insurance and of savings; - of the organization of production; - of the protection of the environment and of the conservation of natural resources; - of the regime of transport and of telecommunications; - of the penitentiary regime. Article 99 The laws of finance determine the receipts and the expenses of the State. The regulatory laws control the execution of the laws of finance, under reserve of a subsequent audit of the accounts of the Nation by the Chamber of Accounts of the Supreme Court. The program laws [lois de programme] establish the objectives of the economic and social action of the State. Article 100 The matters other than those which are of the domain of the law have a regulatory character. The texts of legislative form intervening these matters subsequent to the entry into force of this Constitution may be modified by decree taken after [the] opinion of the Constitutional Court. Article 101 The declaration of war is authorized by the National Assembly. When, following exceptional circumstances, the National Assembly cannot sit effectively [utilement], the decision of [a] declaration of war is taken in the Council of Ministers by the President of the Republic who immediately informs the Nation of it. The state of siege and the state of urgency are decreed in the Council of Ministers, after [the] opinion of the National Assembly. The extension of the state of siege or of the state of emergency beyond fifteen days may only be authorized by the National Assembly. When the National Assembly cannot be called upon to decide, no state of siege or state of urgency may be decreed without its authorization, within the sixty days which follow the date of entry into force of a previous state of siege or [state] of urgency. Article 102 The Government can, for the execution of its program, demand of the National Assembly to vote a law authorizing it to take by ordinance for a limited time the measures which are normally of the domain of the law. This authorization may only be granted with a majority of two-thirds of the members of the National Assembly. The ordinances are taken in the Council of Ministers, after [the] opinion of the Constitutional Court. They enter into force on their publication, but become lapsed if the bill of the law of ratification is not deposited with the Assembly before the date established by the enabling law. At the expiration of the time period specified in the first paragraph of this Article, the ordinances may only be modified by the law in their provisions which are of the legislative domain. Article 103 The Deputies have the right of amendment. Article 104 The proposals, Bills and amendments which are not of the domain of the law are not receivable. The irreceivability is decided by the President of the National Assembly after deliberation of the Bureau. If it appears that the proposal or amendment is contrary to a delegation accorded by virtue of Article 102 of this Constitution, the Government can oppose the irreceivability. In the case of dispute, [based] on paragraphs I and 3 of this Article, the Constitutional Court, referred to [the matter] by the President of the National Assembly or [by] the Government, decides within a time period of eight days. Article 105 The initiative of law belongs concurrently to the President of the Republic and to the members of the National Assembly. The Bills of law are deliberated in the Council of Ministers, after the substantiated opinion of the Supreme Court referred to [the matter] in accordance with Article 132 of this Constitution and deposited with the Bureau of the National Assembly. The Bills and proposals of law are sent, before deliberation in plenary session, to the competent commission of the National Assembly to examine [them]. The Bill of the budget of the National Assembly may not be considered in [a] commission or in plenary session without having been previously submitted to the Bureau of the said Assembly. Article 106 The discussion of the Bills of law corresponds [porte] to the text presented by the commission. The latter, at the demand of the Government, must bring [porter] to the awareness of the National Assembly the points on which there is disagreement with the Government. Article 107 The proposals and amendments deposited by the Deputies are not receivable when their adoption would have as a consequence either a diminution of public resources, or the creation or aggravation of a public expense, unless they are accompanied by a proposal of augmentation of receipts or of equivalent economies. Article 108 The Deputies can, by a vote with a majority of three-quarters, decide to submit any question to referendum. Article 109 The National Assembly votes the Bill of the Law of Finance within the conditions determined by the law. The National Assembly is referred to [the matter] of the Bill of Law of Finance at the latest within one week of the opening of the session of October. The Bill of the Law of Finance must provide for the receipts necessary to completely cover the expenses. Article 110 The National Assembly votes [a] balanced budget. If the National Assembly has not decided by the date of 31 December, the provisions of the Bill of the Law of Finance can be brought into force by ordinance. The Government refers [the matter], for ratification, to the National Assembly convened in extraordinary session within a time period of fifteen days. If the National Assembly has not voted the budget at the end of this extraordinary session, the budget is established definitively by ordinance. Article 111 If the Bill of the Law of Finance has not been promulgated before the beginning of the fiscal year, the President of the Republic demands, of urgency, of the National Assembly, the authorization to execute the receipts and expenses of the State by provisional twelfths. Article 112 The National Assembly regulates the accounts of the Nation following the modalities established in the Organic Law of Finance. It is, to this effect, assisted by the Chamber of Accounts of the Supreme Court which is responsible for all inquiries and studies related to the execution of the public receipts and expenses, or to the management of the national treasury, to the territorial collectivities, to the relevant administrations or institutions relevant to the State or submitted to its control. Article 113 The Government is required to furnish to the National Assembly any explanations which will be demanded of it concerning its administration and its activities. The means of information and of control of the National Assembly on the Governmental action are: - the interpellation in accordance with Article 71; - the written question; - the oral question with or without debate, not followed by vote; - the parliamentary committee of inquiry. These means are exercised within the conditions determined by the Internal Regulations of the National Assembly. TITLE V OF THE CONSTITUTIONAL COURT Article 114 The Constitutional Court is the highest jurisdiction of the State in constitutional matters. It is the judge of the constitutionality of the law and it guarantees the fundamental rights of the human person and the public freedoms. It is the regulatory organ of the functioning of the institutions and of the activity of the public powers. Article 115 The Constitutional Court is composed of seven members of which four are appointed by the Bureau of the National Assembly and three by the President of the Republic for a mandate of five years, renewable one sole time. No member of the Constitutional Court can sit more than ten years. To be a member of the Constitutional Court, beyond the condition of professional competence, one must be of good morals and of grand probity. The Constitutional Court includes: - three magistrates having fifteen years experience at least, of which two are appointed by the Bureau of the National Assembly and one by the President of the Republic; - two jurists of high level, professors or practitioners of law, having fifteen years of experience at least, one appointed by the Bureau of the National Assembly and the other by the President of the Republic; - two [esteemed] persons [personnalités] of great professional reputation, one appointed by the Bureau of the National Assembly and the other by the President of the Republic. The members of the Constitutional Court are irremovable for the duration of their mandate. They may not be prosecuted or arrested without the authorization of the Constitutional Court and of the Bureau of the Supreme Court sitting in joint session, except in the case of the flagrante delicto. In this case, the President of the Constitutional Court and the President of the Supreme Court must be referred to [the matter] immediately and at the latest within forty-eight hours. The functions of members of the Constitutional Court are incompatible with the quality of member of the Government, the exercise of any elective mandate, of any public, civil or military employment, of all other professional activity as well as any function of national representation, except in the case provided for in Article 50 paragraph 3. An organic law determines the organization and the functioning of the Constitutional Court, the procedure to be followed before it, notably the time periods for referring [matters] to it as well as the immunities and the disciplinary regime of its members. Article 116 The President of the Constitutional Court is elected by his peers for a time period of five years from among the magistrate and jurist members of the Court. Article 117 The Constitutional Court, Decides obligatorily on: - the constitutionality of the organic laws and of the laws in general before their promulgation; - the Internal Regulations of the National Assembly, of the High Authority for Broadcasting and of Communication and of the Economic and Social Council prior to their implementation, as well their conformity with the Constitution; - the constitutionality of the laws and of the regulatory acts which would affect the fundamental rights of the human person and the public freedoms and in general, on the violation of the rights of the human person; - the conflict of attributions between the institutions of the State. It sees to the regularity of the election of the President of the Republic; examines the complaints, decides on the irregularities that it has found, by itself, and proclaims the results of the ballot; decides on the regularity of the referendum and proclaim the results of it; It decides, in the case of dispute on the regularity of the legislative elections; It forms [fait], of right, [its] part of the High Court of Justice with the exception of its President. Article 118 It is equally competent to decide on the cases provided for in Articles 50, 52, 57, 77, 86, 100, 102, 104 and 146. Article 119 The President of the Constitutional Court is competent to: - receive the oath of the President of the Republic; - give his opinion to the President of the Republic in the cases provided for in Articles 58 and 68; - assure the interim of the President of the Republic in the case provided for in Article 50 paragraph 3. Article 120 The Constitutional Court must decide within the time period of fifteen days after it has been referred to [a matter] of a text of a law or of a complaint of violation of the rights of the human person and of the public freedoms. However, at the demand of the Government, if there is urgency, this time period is reduced to eight days. In this case, the referral of [the matter] to the Constitutional Court suspends the time period of promulgation of the law. Article 121 The Constitutional Court, at the demand of the President of the Republic or any member of the National Assembly, decides on the constitutionality of the laws before their promulgation. It decides, of office, on the constitutionality of the laws and any regulatory texts which would infringe the fundamental rights of the human person and the public freedoms. It decides more generally on the violations of the rights of the human person and its decision must intervene within a time period of eight days. Article 122 Any citizen can refer [a matter] to the Constitutional Court on the constitutionality of laws, either directly, or by the procedure of the plea [exception] of unconstitutionality invoked in a matter which concerns that citizen before a jurisdiction. That [jurisdiction] must defer until the decision the Constitutional Court which must intervene within a time period of thirty days. Article 123 The organic laws before their promulgation, the Internal Regulations of the National Assembly, of the High Authority for Broadcasting and of Communication and of the Economic and Social Council prior to their implementation, must be submitted to the Constitutional Court which decides on their conformity with the Constitution. Article 124 A provision declared unconstitutional may not be promulgated or implemented. The decisions of the Constitutional Court are not susceptible to any recourse. They impose themselves on the public powers and on all civil, military and jurisdictional authorities. PART VI OF THE JUDICIAL POWER Article 125 The Judicial Power is independent of the Legislature Power and of the Executive Power. It is exercised by the Supreme Court [and] the Courts and Tribunals created in accordance with this Constitution. Article 126 Justice is rendered in the name of the Beninese People. The judges, in the exercise of their functions, are only submitted to the authority of the law. The presiding magistrates are irremovable. Article 127 The President of the Republic is the guarantor of the independence of justice. He is assisted by the Superior Council of the Magistrature. Article 128 The Superior Council of the Magistrature decides as a Council of Discipline of the magistrates. The composition, the attributions, the organization and the functioning of the Superior Council of the Magistrature are established by an organic law. Article 129 The magistrates are appointed by the President of the Republic, on the proposal of the Guardian of the Scales, the Minister of Justice, after [the] opinion of the Superior Council of the Magistrature. Article 130 The Superior Council of the Magistrature reviews [étudie] the dossiers [concerning] pardon and transmits them with its substantiated opinion to the President of the Republic. I: OF THE SUPREME COURT Article 131 The Supreme Court is the highest jurisdiction of the State in administrative and judicial matters and [matters of] accounts of the State. It is equally competent in [matters] which concern the local elections. The decisions of the Supreme Court are not susceptible to any recourse. They impose themselves on the Executive Power, the Legislative Power, as well as all the jurisdictions. Article 132 The Supreme Court is consulted by the Government more generally on all administrative and jurisdictional matters. It may, at the demand of the Head of State, be charged with the drafting and with the modification of all the legislative and regulatory texts, prior to their consideration by the National Assembly. Article 133 The President of the Supreme Court is appointed for a duration of five years by the President of the Republic, after [the] opinion of the President of the National Assembly, from among the magistrates and jurists of high level, having at least fifteen years of professional experience[,] by decree taken in the Council of Ministers. He is irremovable for the duration of his mandate, which is only renewable one sole time. The functions of the President of the Supreme Court are incompatible with the quality of member of the Government, the exercise of any elective mandate, of any public, civil or military employment, of any other professional activity, as well as any function of national representation. Article 134 The Presidents of the Chambers and the Councilors are appointed from among the magistrates and jurists of high level, having at least fifteen years professional experience, by decree taken in the Council of Ministers, by the President of the Republic, on the proposal of the President of the Supreme Court and after [the] opinion of the Superior Council of the Magistrature. The law determines the Statue of the Magistrates of the Supreme Court. II: OF THE HIGH COURT OF JUSTICE Article 135 The High Court of Justice is composed of members of the Constitutional Court, with the exception of its President, of six Deputies elected by the National Assembly and of the President of the Supreme Court. The High Court elects its President from among its [members]. An organic law establishes the rules of its functioning, as well as the procedure to be followed before it. Article 136 The High Court of Justice is competent to judge the President of the Republic and the members of the Government in respect of acts qualified as high treason, of infractions committed in the exercise of or in connection with the exercise of their functions, as well as to judge their accomplices in the case of conspiracy against the security of the State. The jurisdictions of common law remain competent for the infractions perpetrated outside the exercise of their functions and of which they are criminally responsible. Article 137 The High Court of Justice is bound by the definition of infractions and the determination of the sanctions resulting from the penal laws in force at the time [époque] of the acts. The decision of prosecution following the indictment of the President of the Republic and of the members of the Government is voted with a majority of two-thirds of the Deputies composing the National Assembly following the procedure provided for in the Internal Regulations of the National Assembly. The investigation is led by the magistrates of the Chamber of Accusation [Chambre d'Accusation] of the Court of Appeal, having jurisdiction in the seat of the National Assembly. Article 138 The President of the Republic and the members of the Government are suspended from their functions in [the] case of indictment for high treason, contempt of the National Assembly and any damage [atteinte] to honor and to probity. In case of conviction, they are discharged from their responsibilities. TITLE VII OF THE ECONOMIC AND SOCIAL COUNCIL Article 139 The Economic and Social Council gives its opinion on the Bills of law, of ordinance or of decree, as well as on the proposals of law that are submitted to it. The Bills of program laws of economic or social character are obligatorily submitted to it for [its] opinion. The President of the Republic may consult the Economic and Social Council on any problem of economic, social, cultural, scientific and technical character. The Economic and Social Council can, on its own initiative, in the form of a recommendation, bring to the attention of the National Assembly and of the Government the reforms of economic and social order which appear to it to conform to or are contrary to the general interest. At the demand of the Government, the Economic and Social Council designates one of its members to report to the commissions of the National Assembly the opinion of the Council on the Bills or proposals of law that have been submitted to it. Article 140 The Economic and Social Council elects from among its [members] its President and the members of its Bureau. The composition, the organization and the functioning of the Economic and Social Council are established by an organic law. Article 141 The members of the Economic and Social Council receive indemnities for the sessions and for travel [déplacement]. The amount of these indemnities is established by decree taken in the Council of Ministers. Title VIII OF THE HIGH AUTHORITY OF BROADCASTING AND OF COMMUNICATION Article 142 The High Authority of Broadcasting and of Communication has for its mission to guarantee and to assure the freedom and protection of the press, as well as all means of mass communication within respect for the law. It sees to respect for ethics in the matters of information and to the equal access by the political parties, associations and citizens to the official means of information and of communication. Article 143 The President of the High Authority for Broadcasting and of Communication is appointed, after consultation with President of the National Assembly, by decree taken in the Council of Ministers. The composition, the attributions, the organization and the functioning of the High Authority for Broadcasting and Communication are established by an organic law. Title IX OF TREATIES AND INTERNATIONAL AGREEMENTS Article 144 The President of the Republic negotiates and ratifies the treaties and international agreements. Article 145 The Peace Treaties, the treaties or agreements concerning international organization, those which engage the finances of the State, those which modify the internal laws of the State, those which involve cession, exchange or addition of territory, may only be ratified by virtue of a law. No cession, no exchange [and] no addition of territory is valid without the consent of the concerned populations. Article 146 If the Constitutional Court, referred to [the matter] by the President of the Republic or by the President of the National Assembly, has declared that an international commitment involves a clause contrary to the Constitution, the authorization to ratify it may only intervene after the revision of the Constitution. Article 147 The treaties or agreements regularly ratified have, on their publication, an authority superior to that of the laws, under reserve for each agreement or treaty, of its application by the other party. Article 148 The Republic of Benin may conclude with other States agreements of cooperation or of association based on the principles of equality, of mutual respect for sovereignty, of reciprocal advantages and of national dignity. Article 149 The Republic of Benin, in order to realize African Unity may conclude any subregional or regional agreements of integration in accordance with Article 145. TITLE X OF THE TERRITORIAL COLLECTIVITIES Article 150 The territorial collectivities of the Republic are created by the law. Article 151 The collectivities administer themselves freely by elected councils and within the conditions provided for by the law. Article 152 No expenditure of the sovereignty of the State may be imputed to their budget. Article 153 The State sees to the harmonious development of all territorial collectivities on the basis of national solidarity, of regional potentials and of inter-regional equality [équilibre]. TITLE XI OF REVISION Article 154 The initiative of revision of the Constitution belongs concurrently to the President of the Republic, after [a] decision taken in the Council of Ministers, and to the members of the National Assembly. To be taken into consideration, the Bill or the proposal of revision must be voted with a majority of three-fourths of the members composing the National Assembly. Article 155 The revision is only acquired after having been approved by referendum, unless if the Bill or the proposal in question has been approved with a majority of four-fifths of the members composing the National Assembly. Article 156 No procedure of revision may be initiated or prosecuted when it infringes the integrity of the territory. The republican form and the secularity of the State cannot be made the object of a revision. Title XII FINAL AND TRANSITORY PROVISIONS Article 157 This constitution must be promulgated within eight days after its adoption by referendum. The President of the Republic must enter its [his] functions, [and] the National Assembly must meet at the latest [by] 1 April 1991. The High Council of the Republic and the Government of Transition will continue to exercise their functions until the installation of the new institutions. The oath of the President of the Republic will be received by President of the High Council of the Republic in Plenary Assembly. The National Assembly will be installed by the President of the High Council of the Republic in the presence of the members of the said Council. Article 158 The legislation in force in Benin, until the installation [mise en place] of the new institutions, remains applicable, except on intervention of new texts, [and] in so far as there is nothing contrary to this Constitution. Article 159 This Constitution will be submitted to referendum. The provisions necessary for its implementation will be made the object, either of laws voted by the High Council of the Republic, or of decrees taken in the Council of Ministers. The attributions devolved by this Constitution to the Constitutional Court will be exercised by the High Council of the Republic until the installation of the new institutions.