PRESIDENT YAYI LAUNCHES CONSTITUTIONAL REVIEW

UNCLAS COTONOU 000146

SIPDIS

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SIPDIS

DEPT FOR AF/W DBANKS
PARIS AND LONDON FOR AFRICA WATCHERS

E.O. 12958: N/A
TAGS: PGOV BN
SUBJECT: PRESIDENT YAYI LAUNCHES CONSTITUTIONAL REVIEW



1. (U) SUMMARY. President Yayi tasked, on February 20, 2008, a
committee of experts to review Benin's constitution and propose
changes. The president gave the committee six months to come up with
concrete proposals that would be submitted to the National Assembly
for approval before being subject to a public referendum. Though the
need for change is accepted by Beninese constitutional specialists,
it may be difficult for President Yayi to achieve consensus around
proposed amendments. END SUMMARY


2. (U) On February 20, President Yayi set up a technical committee
composed of constitutional specialists to examine the Beninese
constitution, originally adapted in December 1990, and propose
amendments. Yayi gave the committee six months to complete its work.
This phase will be followed by a national workshop to examine the
proposals. Following the national workshop, the proposals will be
submitted for the approval of all political parties. Following this
approval, a national referendum will be held to give final approval
to the amendments.


3. (U) In justifying this initiative, President Yayi stated that
after 17 years of use, the current constitution has shown its
weaknesses and needs to be modified to meet the realities of today's
Benin. While not offering any specific proposals for changes to the
constitution, President Yayi urged the Beninese people to not regard
their constitution as sacred. He did state it was his "wish" to
leave untouched the articles of the constitution which pertain to
presidential term limits.


4. (U) Prior attempts to modify Benin's current constitution have
not gone well. At the end of his term, former president Kerekou
tried to amend Article 42 of the constitution to retain power.
Deputies in the National Assembly also have engaged in efforts to
extend their mandate by amending Article 80 of the constitution.
These attempts to amend the constitution failed when they met public
disapproval. It is worth noting that Benin takes changing its
current constitution seriously. It has not amended the constitution
for the past 17 years after adopting 10 different constitutions
between 1959 and 1990 as governments changed with coups d'etat and
other political upheavals.

5.(SBU) COMMENT: President Yayi's effort to revise the constitution,
and make it relevant to Benin's current economic and political
situation, is understood by the general public. While Yayi has not
proposed specific changes, constitutional experts have cited the
necessity of remaking the National Independent Electoral Commission
(CENA) with a constitutionally defined role and fixed terms for its
members as a possible change, as well as clarifying the
relationships of the different branches of government. Given the
complicated political situation prevailing as municipal elections
approach and tensions rise in the National Assembly; it may be
difficult for President Yayi to achieve consensus around any
proposed amendments. END COMMENT.

BROWN