Title: Benin’s Anti-Corruption Laws: Protecting Whistleblowers and Promoting Transparency
Published: October 25, 2022
Legal Framework
- United Nations Convention against Corruption (2003) and Constitution of Benin (1990) as the cornerstone
- Law on the Fight against Corruption and Related Offenses (2011)
- Law establishing the list of senior officials of the State (2010)
- Laws on the Fight against Money Laundering and Financing of Terrorism (2018 and 2020)
- Decree No. 2013-122 and Decree No. 2022-563 on whistleblower protection
Whistleblower Protection
- Constitution of Benin: guarantees freedom of speech and press, but limits protection for those reporting corrupt practices
- Law No. 2011-20 offers some safeguards like Art. 4 of Decree No. 2013-122
Protection from Harassment or Punishment
- Protection against harassment, reprimands, or punishments
- Reinstatement and/or compensation of employees
- Discretionary security arrangements and financial compensation for those at risk
Limitations
- No explicit protection for anonymous reporting
- Whistleblowers’ identities must be disclosed in essential cases
- No protection from defamation or false testimonies
New Developments
- Establishment of Analysis and Processing Unit for Complaints and Reports (CPD) in January 2022
Labor Law and Whistleblowing
- Labor Code (1998) does not explicitly address whistleblowing
- No reason for dismissal, but not identified as an unfair labor practice
- Dismissals may occur for refusal to carry out tasks, professional misconduct, etc.
- No specific guidelines on reporting illegal acts, but labor inspectors have authority to investigate complaints confidentially
Building a Culture of Transparency
- Benin’s commitment to anti-corruption efforts
- Civil society organizations, like Social Watch Benin, promote transparency and accountability at all levels
Contact: Blanche SONON, President Email Address: contact@socialwatchbenin.org For more information, visit their website: www.socialwatchbenin.org