BENIN: PRESIDENT YAYI'S MAJOR POLITICAL REFORMS IN

UNCLAS SECTION 01 OF 02 COTONOU 000124

SENSITIVE

SIPDIS

DEPT FOR AF/W ACOOK
LONDON FOR PETER LORD
PARIS FOR BKANEDA

E.O. 12958: N/A
TAGS: PGOV PREL BN
SUBJECT: BENIN: PRESIDENT YAYI'S MAJOR POLITICAL REFORMS IN
JEOPARDY?

REF: (A) 08 COTONOU 146; (B) 08 COTONOU 657; (C) 08 COTONOU 802


1. (U) SUMMARY: President Yayi launched three political reforms in
an effort to improve democratic governance in 2008. First, he
proposed a Permanent Computerized Voter Registry (LEPI) to ensure
transparency in the 2011 presidential elections. Second, he started
a review of the constitution to find ways to consolidate democratic
rule. Third, he proposed increasing the number of provincial
districts and providing them with local administration to ensure
that the central government supports all regions equally. Proposed
reforms must be approved by the National Assembly. Given the tense
relations between the contentious opposition and President Yayi, the
opposition majority group in the National Assembly is likely to
delay the implementation of the announced reforms. END SUMMARY.

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Debate over the Implementing
Agency for the LEPI
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2 (SBU) Since the Head of the European Commission Delegation
officially handed over the LEPI's feasibility report to president
Yayi on December 10, 2008,(Ref B),politicians, journalists and
civil society representatives have complained that the Permanent
Secretariat of the National Autonomous Electoral Commission
(SAP-CENA) has not released the report. Nevertheless, local
newspapers have released extracts of the report and accused the
SAP-CENA of withholding information to manipulate the process. On
February 9, 2009, Lea Hounkph, Secretary of the SAP-CENA, gave a
press conference where she reaffirmed that her institution should
compile the LEPI. In addition, the Ministry in Charge of Relations
between the Institutions organized a briefing session on the
implementation of the LEPI on February 12 in Bohicon, in central
Benin. A large majority of Beninese, including members of the
opposition, believe that it is imperative to appoint an ad hoc
independent body for implementing the LEPI, denying the CENA, the
SAP-CENA and the Ministry in charge of Relations between the
Institutions the right to compile the LEPI. Their concern stems from
the fact that none of these institutions is independent of the
President and none can guarantee the required neutrality for the
operation. Francis Lalhyh, the Governance Expert for the Embassy of
Netherlands in Cotonou told post he suspected that the huge
provisional budget for the LEPI (32 million US Dollars vice 320
million US Dollars reported Ref A) fuels this competition.


3. (SBU) During a briefing session on the LEPI for political leaders
and National Assembly deputies organized on February 11, by the Unit
in charge of Development Policy Analysis at the National Assembly
(CAPAN),Adrien Houngbedji, the leader of the Democratic Renewal
Party (PRD) said that the LEPI should not be a "race against the
clock" stressing that the objective is not necessarily to put in
place the LEPI for 2011. Likewise, the leaders of two other parties
of the G4, namely the Social Democratic Party (PSD),the African
Movement for Democracy and Progress (MADEP),and the Coordinator of
the G13 stated that it was too late to implement the LEPI before the
presidential elections in 2011. While the majority of political
leaders have failed to demonstrate a genuine commitment to
accomplishing the LEPI, Chabi Sika, a deputy member of the pro-Yayi
coalition Front Cowry for an Emerging Benin (FCBE) and Epiphane
Quenum, from the opposition Renaissance of Benin party (RB) are
supporting legislation to implement the LEPI.

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Constitutional review
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4. (SBU) President Yayi's committee of experts presented its final
report reviewing the constitution on January 29, 2009. The report
proposes amendments to the constitution intended to maintain the
chief democratic principles enshrined therein: liberal and
pluralistic democracy; rule of law; the presidential nature of the
political regime; the limitation of presidential terms; and, the age
limit for presidential candidates. The committee prepared amendments
focusing on public powers, participatory democracy, the fight
against corruption, strengthening of public liberties and Human
Rights. The proposed draft constitution seeks to improve the
separation of powers between the judicial and the executive by
changing the mode of appointment for members of the Supreme Court
and the High Authority for the Media (HAAC). It also strengthens the
functions of the National Assembly and the Constitutional Court.
Other outstanding amendments include: the abolition of capital
punishment; the redefinition of parliamentary immunity; the
cancellation of the statute of limitation for economic crimes and
for crimes against humanity; the establishment of a Mediator of the
Republic, a Government Accounting Office, and the National
Autonomous Electoral Commission (CENA). A preliminary report was

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sent to the government in June 2008. Post has learned from various
sources that the committee did not take all the government's
observations into account in the January 30 final version, a
situation which is said to have frustrated President Yayi. The basic
idea in the amendments is to reduce presidential prerogatives, and
to reinforce checks and balances between political institutions.

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New Administrative
Division Plan at Stake
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5. (U) February 2, 2009, a presidential committee unveiled a revised
plan of administrative districts. The public had rejected he first
plan, proposed by the Minister of Decentralization, Issa Demole
Moko, (Ref B). The new plan expands the number of provinces
proposed by Issa Demole Moko to 21 with a view to defusing
dissatisfaction caused by the October 6 announcement which proposed
a total of 12 districts doubling the current 6. Villagers protested
the designation of the capital cities for the 21 provinces and
expressed frustration over the fact that towns where they lived were
not selected by the committee. The large majority of politicians
believe that the government cannot afford increased infrastructure,
salaries for prefects, and other expenses for 15 new capitals.
However, pundits say the new plan reflects highly technical
consideration by the committee of experts, which resulted in a very
consensual administrative division plan. The Committee of experts
embarked on a nationwide outreach effort March 2 to publicize the
new plan and build public support for it.


6. (SBU) COMMENT: The current test of strength between President
Yayi and the opposition bloc in the National Assembly augurs ill for
the smooth implementation of reforms. While the three reforms are
instrumental in President Yayi's political and economic agenda, they
also have implications for the 2011 presidential and legislative
elections. The new administrative division plan could help President
Yayi expand his strongholds through prefects' efforts in distant
constituencies, a strategy which is well understood by the
opposition. The implementation of the LEPI project which appears to
be an important step towards reducing electoral fraud is being
rejected by some Beninese politicians who are accustomed to, and
benefit from, the practice. In consideration of all this, President
Yayi has very little room to maneuver and fierce battles will likely
re-surface in the National Assembly. END COMMENT.

BROWN