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This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Parliament name (generic / translated) Assemblée nationale / National Assembly More photos  >>> Structure of parliament Unicameral Affiliation to the IPU Yes Affiliation date(s) 1963 - 1964 1981 - 1990 1992 - LEADERSHIP President Mathurin Nago (M)  Notes Re-elected on 21 May 2011. Secretary General Mahamadou Alassane (M)  COMPOSITION Members (statutory / current number) 83 / 83 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 7 (8.43%) Mode of designation directly elected 83 Term 4 years Last renewal dates 30 April 2011 (View details) CONTACT INFORMATION Address Assemblée nationale du Bénin 01 B.P. 371 PORTO-NOVO République du Bénin (Export mailing lists) Phone (229) 20 21 35 38 20 21 22 19 20 21 36 44 20 21 36 45 Fax (229) 20 21 51 61 E-mail assnabenin@assembleebenin.org assnabenin@yahoo.fr Website http://www.gouv.bj/spip.php?article645

Parliament name (generic / translated) Assemblée nationale / National Assembly Structure of parliament Unicameral LEGAL FRAMEWORK Electoral law 15 January 1995 Mode of designation directly elected 83 Constituencies 24 multi-member constituencies corresponding to the country's departments. Voting system Proportional: List system of proportional representation. Each party list bears as many names of candidates as seats to be filled. Seats are allotted to the different lists on the basis of the so-called departmental (simple) quotient. Following this computation, remaining seats are allocated under the rule of the greatest remainder. Vacancies arising between general elections are filled by substitutes elected at the same time as titular members. Voting is not compulsory. Voter requirements - age: 18 years - Beninese citizenship - full possession of civil and political rights - disqualifications: conviction for crime, imprisonment of at least three months for certain offences, persons in contempt of court, undischarged bankruptcy CANDIDATES Eligibility Qualified electors - age: 25 years - Beninese citizenship by birth (or naturalized citizens if residence in the country for at least 10 years) - residence in the country for at least one year - ineligibility: electoral fraud, guardianship Incompatibilities - non-elective public office - military functions - service to foreign States or international organizations - members of the Government - executives or representatives of businesses subsidized by public funds Candidacy requirements - submission of party or coalition lists at least 30 days prior to polling - monetary deposit, reimbursed to lists in proportion to their winnings

Parliament name (generic / translated) Assemblée nationale / National Assembly Structure of parliament Unicameral BACKGROUND Dates of election / renewal (from/to) 30 April 2011 Timing and scope of renewal Elections were held for all the seats in the National Assembly on the normal expiry of the member's term of office. Parliamentary elections, initially called for 17 April 2011, were postponed to 30 April due to delays in the presidential elections and the registration of parliamentary candidates. In the previous elections held in March 2007, the Cauri Forces for an Emerging Benin (FCBE) coalition, supported by President Thomas Boni Yayi, failed to win a parliamentary majority, taking 35 of the 87 seats at stake. Opposition forces took a total of 48 seats. They included the Alliance for Democratic Momentum (ADD) led by former president Nicéphore Soglo, which took 20 seats; and the Democratic Renewal Party (PRD) of a former presidential candidate, Mr. Adrien Houngbedji, with 10 seats. In May, Mr. Mathurin Nago (FCBE) was elected as the new Speaker. In August 2010, the President came under severe criticism over his alleged assistance to the firm accused of being behind a Ponzi Scheme financial fiasco. Some 50 parliamentarians signed a letter requesting President Yayi to stand trial for treason and perjury, allegations which the President dismissed. Later the same month, the National Assembly adopted a new law on the election of members of the National Assembly. It raised the statutory number of members from 83 to 99 and set a 20 per-cent quota for women in all party lists for parliamentary elections. However, in September, the Constitutional Court nullified both provisions. It stated that increasing the statutory number of members would be allowable only if there were sufficient financial resources and that the quota for women candidates violated the principle of gender equality guaranteed by the Constitution. The Court stated that such a quota could be justified only if it applied to both genders or if a higher percentage was applied (since women account for 52% of Benin's population). Consequently, the 2011 elections were held for 83 seats in the National Assembly without any women's quota for party lists. The Election Commission subsequently set presidential elections for 27 February 2011 and parliamentary polls for 17 April. Prior to the 2011 elections, a new computerized voter registration system was introduced. Opposition parties asked their supporters not to register in the system in an attempt to block its functioning. As a result, about 1 million voters, mainly opposition supporters, were not registered. In order to allow those voters to register, the presidential polls were postponed first to 7 and then to 13 March. President Yayi was re-elected with 53 per cent of the votes in elections marred by organizational problems. His main rival, Mr. Houngbedji - who garnered 36 per cent of the vote - contested the results, alleging widespread fraud. On 20 March, the Constitutional Court validated the presidential election results. Shortly before the beginning of the official parliamentary campaign, the Constitutional Court invalidated the candidature of some opposition candidates. The decision was challenged by the opposition parties. In order to resolve the disputes before the election campaign started and allow candidates to campaign for 15 days as required by the electoral law, the Election Commission postponed the parliamentary polls to 30 April. The term of the outgoing legislature ended on 22 April. In the end, some 1,600 candidates from 19 party or coalition lists stood for the parliamentary elections. The FCBE was challenged by the Build the Nation Union (UN) coalition, which had backed Mr. Houngbedji in the 2011 presidential election. The UN coalition comprised the Rebirth of Benin (RB) and the African Movement for Democracy and Progress (MADEP) - both of which had been in the ADD coalition in 2007 - as well as the Social Democratic Party (PSD), the Key Force (FC) and Mr. Houngbedji's Democratic Renewal Party (PRD). President Yayi accused the opposition forces in the outgoing legislature of blocking ratification of a CFA 600 billion francs (US$ 1.36 billion) financing agreement with the Saudi Government. The FCBE urged voters to give it a parliamentary majority to allow the President to undertake the reforms needed for the country's development. Mr. Houngbedji himself did not run for the parliamentary polls, criticizing the "calamitous electoral process", but stated that he would support the UN coalition. The UN coalition urged voters to use the parliamentary polls to "sanction the regime" which had "stolen" the coalition's victory in the presidential election. Former First Lady Rosine Vieyra Soglo, who was running under the UN coalition banner, promised to improve living conditions for the Beninese people and strengthen the country's democracy. Turnout was reportedly low among the 3.6 million registered voters. The opening of several polling stations was delayed due to the late distribution of ballot papers. Voting nevertheless took place without any major incident. The final results gave the FCBE 41 seats, 14 more than in 2007. Four pro-presidential parties (see note) took two seats each, giving the President's camp a total of 49 seats. The UN coalition took 30 while two other small parties took two seats each. In all, eight women, including First Lady Chantal de Souza Yayi and Ms. Soglo, were elected. On 17 May, the newly elected legislature held its first session. On 21 May, it re-elected Mr. Mathurin Nago (FCBE) as its Speaker. Note: The four pro-presidential parties are as follows: - Union for Benin (UB) - Amana Alliance - Strength in Unity Alliance (AFU) - Cauris 2 Alliance STATISTICS Voter turnout Round no 1 30 April 2011 Number of registered electors Voters Blank or invalid ballot papers Valid votes Notes Distribution of votes Round no 1 Political group Candidates Votes % of votes Cauri Forces for an Emerging Benin (FCBE) Build the Nation Union (UN) Amana Alliance G13 Baobab Alliance Strength in Unity Alliance (AFU) Cauris 2 Alliance Hope Force - Union for Change (UPR) Union for Benin (UB) Distribution of seats Round no 1 Political Group Total of seats Cauri Forces for an Emerging Benin (FCBE) 41 Build the Nation Union (UN) 30 Amana Alliance 2 G13 Baobab Alliance 2 Strength in Unity Alliance (AFU) 2 Cauris 2 Alliance 2 Hope Force - Union for Change (UPR) 2 Union for Benin (UB) 2 Distribution of seats according to sex Men Women Percent of women 75 8 9.64% Distribution of seats according to age Distribution of seats according to profession Comments Note on the number of women: Ms. Chantal de Souza Yayi resigned and has been replaced by her male substitute. The number of women has been reduced from eight to seven. Source: National Assembly (19.05.2011)

Parliament name (generic / translated) Assemblée nationale / National Assembly Structure of parliament Unicameral APPOINTMENT AND TERM OF OFFICE Title President of the National Assembly Term - duration: 4 years (term of House) - reasons for interruption of the term: resignation, President's responsibility called into question, death, dissolution of the National Assembly Appointment - elected by all Members of the National Assembly at the beginning of the legislature - after Members' mandates have been validated and before Members are sworn in Eligibility - any Member may be a candidate but formal notification of candidature is required - the deadline for such notification is one hour before voting. Voting system - formal vote by secret ballot for a single candidate; several rounds - an absolute majority is required in the first and second rounds, but only a simple majority in the third - in the event of successive votes, new candidates are admitted; some candidatures must be withdrawn depending on the results obtained during the previous vote Procedures / results - the oldest Member presides over the Assembly during the voting - the oldest and the youngest Members, each assisted by two tellers, supervise the voting - the oldest Member announces the results without delay - the election must be formally confirmed by the Constitutional Court - the results may be challenged before the Constitutional Court STATUS Status - ranks second in the hierarchy of the State - represents the Assembly with the authorities - represents the Assembly in international bodies - presides over the Conference of Presidents - in the absence of the President of Parliament, the First Vice-President can assume his/her role and functions Board - the Board is regulated by the Standing Orders - consists of the President, two Vice-Presidents, two Questors and two Secretaries - meets once weekly or when convened by the President Material facilities - allowance + expense allowance - official residence - official car - secretariat - domestic staff - bodyguards FUNCTIONS Organization of parliamentary business - convenes sessions - establishes and modifies the agenda - organizes the debates and sets speaking time - examines the admissibility of bills and amendments - refers texts to a committee for study - examines the admissibility of requests for setting up committees and/or committees of enquiry, proposes or decides on the setting-up of such committees Chairing of public sittings - can open, adjourn and close sittings - ensures respect for the provisions of the Constitution and Standing Orders - takes disciplinary measures in the event of disturbance, and lifts such measures - establishes the list of speakers, gives and withdraws permission to speak - establishes the order in which amendments are taken up - calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities - checks the quorum - authenticates the texts adopted and the records of debates - interprets the rules or other regulations governing the life of the Assembly, based on precedents if necessary - has discretionary power to give the floor outside the agenda and thus organizes impromptu debates Special powers - is responsible for establishing the Assembly's budget, assisted by the Board - recruits, assigns and promotes staff, assisted by the Board - appoints the Clerk - organizes the services of the Assembly - plays a specific role in the conduct of foreign affairs or defence matters - is responsible for relations with foreign Parliaments - is responsible for safety, and in this capacity, can call in the police in the event of disturbance in the Assembly Speaking and voting rights, other functions - takes the floor in legislative debates - provides guidelines for the interpretation or completion of the text under discussion - takes part in voting - proposes bills or amendments - intervenes in the parliamentary oversight procedure - is consulted by the Head of State with regard to the introduction of emergency powers

Parliament name (generic / translated) Assemblée nationale / National Assembly Structure of parliament Unicameral NATURE Nature of the mandate · Free representation (Art. 80 of the Constitution of 11.12.1990) Start of the mandate · When the mandates are validated Validation of mandates · Validation by the Constitutional Court (Art. 81 (2) of the Constitution) · Procedure: the Constitutional Court validates the mandates after the results have been declared by the Independent National Electoral Committee (CENA). Challenges are submitted to the Constitutional Court. The decision can, on the one hand, lead to the amendment of the proclamation made by the CENA and the proclamation of the candidate who was regularly elected or the invalidation of a contested election or, on the other hand, confirm the regularity of the elections (see also Art. 117 of the Constitution). End of the mandate · On the day when the legal term of the House ends (the Constitution does not provide for early dissolution) Can MPs resign? Yes · Yes, of their own free will (Art. 12 (1) of the Standing Orders) · At the beginning of the legislature, some conditions must be fulfilled (Art. 12 (2) of the Standing Orders). · Procedure (Art. 12 (3) of the Standing Orders): resignations must be addressed to the President. At the following plenary sitting at the latest, he informs the MPs and notifies the Government accordingly. · Authority competent to accept the resignation: the President of the National Assembly Can MPs lose their mandate ? Yes (a) Definitive exclusion from Parliament: definitive exclusion is possible by decision of the National Assembly taken by a two-thirds majority when the MP has been convicted of a crime. STATUS OF MEMBERS Rank in hierarchy · Within Parliament: according to responsibilities within the National Assembly: 1. The President of the National Assembly 2. The First Vice-President 3. The Second Vice-President 4. The First Questor 5. The Second Questor 6. The First Parliamentary Secretary 7. The Second Parliamentary Secretary 8. The Presidents of standing committees 9. The leaders of parliamentary groups 10. The Vice-Presidents and other officers of standing committees in the internal order of precedence of committees 11. The Vice-Presidents and other officers of parliamentary groups in the internal order of precedence of the group 12. Deputies · Outside Parliament: the official order of precedence ranks the President of the National Assembly in the 2nd position after the President of the Republic, the Vice-Presidents in the 7th position and deputies in the 13th position (Decree 92-150 of 12.06.1992). Indemnities, facilities and services · Diplomatic passport · Basic salary: CFA F 193,291/ month + Additional allowance: CFA F 373,003 / month + Family allowances · No exemption from tax (CFA F 47,812 per month withheld from the basic salary for ordinary deputies) · Pension scheme: 6% of the gross salary of all civil servants is paid into the National Pension Fund. · Other facilities: (a) Secretariat: CFA F 45,000/per month (b) Official housing: CFA F 100,000/per month (c) Postal and telephone services: CFA F 5,000/per month (approx) Obligation to declare personal assets No Parliamentary immunity - parliamentary non-accountability · The concept exists (Art. 90 (1) of the Constitution, taken up in Art. 69 (1) of the Standing Orders). · Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament, insofar as the said words have a direct bearing on the action exercised by MPs within Parliament. · Derogations: call to violence in public sittings, contempt of the President of the Republic, the National Assembly or its President, insults, provocations or threats towards members of the Government and institutions foreseen in the Constitution, as well as to-wards the other deputies (Art. 61.6 and 63.1 of the Standing Orders; see Discipline) · Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate protection against prosecution for opinions expressed during the exercise of the mandate. Parliamentary immunity - parliamentary inviolability · The concept exists (Art. 90 (2 and 3) of the Constitution, taken up in Art. 69.2 and 69.3 of the Standing Orders of the National Assembly). · It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched. · Derogations: - When Parliament is in session, prosecution or arrests in criminal or correctional matters are possible in flagrante delicto cases (Art. 90 (3) of the Constitution, taken up in Art. 69.2 of the Standing Orders of the National Assembly). - When Parliament is not in session, arrest is possible in cases involving flagrante delicto, authorised prosecution or final sentencing (Art. 90 (2) of the Constitution, taken up in Art. 69.3 of the Standing Orders of the National Assembly). · Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. · Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election. · Parliamentary immunity (inviolability) can be lifted in certain cases (Art. 70 of the Standing Orders). The lifting of immunity applies only to the infractions for which it has been requested: - Competent authority: the National Assembly - Procedure (Art. 71 of the Standing Orders): in this case, the MPs concerned or the colleagues they have delegated to represent them are heard by the Special Committee. They do not have means of appeal. · Parliament cannot subject the prosecution and/or detention to certain conditions. · Parliament can suspend the prosecution and/or detention of one of its members (Art. 90 (4) of the Constitution, taken up in Art. 69.4 of the Standing Orders): - Competent authority: the National Assembly - Procedure: the decision is taken by a two-thirds majority. The procedure is the same as the one applied for the lifting of immunity. · In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament. EXERCISE OF THE MANDATE Training · When the National Assembly obtains technical and financial support from international foundations and organisations, it organises seminars and other training workshops. · The Department of Legislative Services is planning to publish a handbook for deputies and a brochure on legislative procedure. Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings and committee meetings. · Penalties foreseen in case of failure to fulfil this obligation: - Call to order for three consecutive absences without valid justification - Simple censure, after a call to order, when absences during a Committee's work total one-third of the meetings during a given session - One year's suspension and three months' forfeiture of one-third of the basic salary for in case of a repeated offence and when an MP's absences total one-third of the meetings during a given session Discipline · The rules governing discipline within Parliament are contained in title II, chapter X, section 1 of the Standing Orders (Art. 60 to 68). · Disciplinary measures foreseen (Art. 60 of the Standing Orders): - Call to order (Art. 61.1 to 61.4 of the Standing Orders) - Call to order with entry in the minutes, and one month's forfeiture of one-fourth of the basic salary (Art. 61.5 to 61.7 of the Standing Orders) - Simple censure with one month's forfeiture of one-half of the basic salary or three months' forfeiture of one-third of the salary (Art. 62 and 64 to 65 of the Standing Orders) - Censure with temporary exclusion and two months' forfeiture of one-half of the basic salary (Art. 63 to 65 of the Standing Orders) · Specific cases: - Assault (Art. 66 of the Standing Orders): call to order; censure with temporary exclusion and six months' forfeiture of one-half of the basic salary - Criminal acts (Art. 67 of the Standing Orders): notification of the National Assembly; notification of the judicial authorities - Abuse of office (Art. 68 of the Standing Orders): all possible penalties foreseen - Insults, provocations, threats and contempt (Art. 61.6 and 63.1 of the Standing Orders): call to order or censure with temporary exclusion · Competent body to judge such cases: - Call to order: the President - Censure: the National Assembly - Assault: the President; the National Assembly - Criminal acts: the President; the Board - Abuse of office : depending on penalty - Insults, provocations, threats and contempt: the President or the National Assembly · Procedure: - Censure (Art. 64 of the Standing Orders): the MPs concerned or their colleague whom they have delegated to represent them have the right to be heard. - Specific cases Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions, in particular Art. 68 of the Standing Orders of the National Assembly (see Discipline). Relations between MPs and pressure group · Prohibitions protecting the free mandate (Art. 28 of the Standing Orders)

This page was last updated on 31 May 2011
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