UNCLAS COTONOU 000887

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR AF/EPS, AF/W:BANKS
PARIS FOR D'ELIA
DAKAR FOR HARRISON

E.O. 12958: N/A
TAGS: ECONPGOVBN
SUBJECT: GOB STOPS ENFORCING COURT RULINGS ON LAND DISPUTES


1.(SBU) Summary. In an attempt to cool tensions over land disputes
in urban areas, the GOB imposed, on October 12, a moratorium on the
enforcement of court rulings on land disputes. Often resolution of
land disputes in Benin involves judicial corruption and dubious
documentation of land claims. A source close to President Yayi
explained this decision fits within the GOB's policy to crack down
on corruption in the judiciary. Members of the judiciary protested
what they saw as a breach of the separation of powers guaranteed in
Benin's constitution. End Summary.

2.(U) In imposing the moratorium, the GOB explained that enforcement
of these rulings, which often drive people off land they have held
for many years, represents a real threat to public order and the
country's economy. The cost of these rulings, in human terms, can
be harsh. One of Post's LES tells of his aunt who was evicted from
her home of twenty years. In the late 80's she bought a piece of
land from a person she thought was the rightful owner and built her
house. This year she was evicted from her property after another
person claimed her land and used a court order to evict her after
she could not pay the equivalent of US$17,800, an amount worth 34
times Benin's per capita income, to keep her house. After a
lifetime of work she has returned to her home village. To resolve
land disputes such as this one, the GOB intends during the
moratorium to organize meetings between representatives of the
executive, the National Assembly, and the judiciary to study the
possibility of putting in place a fairer settlement mechanism for
property disputes.

3.(SBU) In addition to the GOB's public explanation of acting to
keep the peace, President Yayi's Legal Advisor told PolOff that the
GOB was also acting to impose a moratorium because of corruption
within the ranks of the judiciary. Judges are known to accept
bribes when deciding on land disputes and the Yayi government wants
to act to end this practice.

4.(U) Benin's National Association of Magistrates protested against
this decision and noted the GOB's decision was detrimental to the
role courts play in dealing with land disputes and threatened
property rights. Other lawyers have accused the GOB of violating
the constitution. Note: This is not a universal view, as GOB lawyers
argue that under the constitution the GOB has the right to not
enforce rulings if enforcing a ruling would impugne on its ability
to protect public security. End Note.

5.(SBU) Comment. This action fits within President Yayi's
well-publicized attempts to fight corruption and protect individuals
from illegally losing their land. However, the development of a
commission to untangle property disputes may not only represent an
unwieldy parallel dispute resolution system to the courts, but
undermine the legitimacy of the court system on the whole. The
Millennium Challenge Corporation (MCC) Access to Land program,
currently underway, will help untangle land ownership issues in 300
communes and identify a new national land policy. But continued
disputes over land ownership will be a reality and a strong justice
system will need to be able to address them. Creating a parallel
system to resolve property disputes, a process which has not yet
begun, cannot take the place of the strong justice system necessary
to protect all the rights of Benin's citizens. End Comment.

BROWN