Moele-Bénin makes recommendations to parliamentarians for the revision of the code

Visits: 26

After the failure of the constitutional revision, the Moele-Benin party invites the deputies to take into account the recommendations of the Constitutional Court for the modification of the electoral code. In a statement made on March 3, 2024, the party considers that it is a serious time for a revision of the constitution. It is in this regard that the political party welcomes the rejection of this revision. In this logic, the party suggests to the national representation to comply with the decision rendered on January 4, 2024 by the Constitutional Court.

REREADING OF THE ELECTORAL CODE: MOELE-BENIN PARTY’S RECOMMENDATIONS TO THE NATIONAL REPRESENTATION

DECLARATION OF THE NATIONAL POLITICAL BUREAU

On the night of March 1st to 2nd, 2024, the National Representation put an end to the debate on the opportunity of revising the Constitution by rejecting the admissibility of the bill by a vote of rejection. This act, of high political significance, honors the 9th legislature which has been able to listen not only to the voice of the people, but also to that of the President of the Republic whose fervent wish is to refrain, in the current context, from touching a single comma of the Constitution. The MOELE-BENIN party, which deemed the initiative to revise the Constitution untimely, is pleased with this result and congratulates all the deputies for their listening and determination.

However, MOELE-BENIN believes that the situation is still serious. For, as of Tuesday, March 5, the deputies are called upon to return to plenary for a re-reading of the electoral code in accordance with the invitation of the Constitutional Court in its decision rendered on January 4, 2024. In the interest of the country and the Beninese people, of which you are the representatives, dear deputies, we recommend that you strictly follow the path indicated by the High Court. All you need to do is take the time to listen to your constituents and the echoes that reach us from even the most remote parts of our country to understand that this is the best choice to make.

Although absent from the National Assembly, the MOELE-BENIN party has made it a duty to contribute to the search for adequate solutions to meet the demands of the Court, by putting forward a series of relevant proposals.

However, upon reading the two bills, one from the Democratic Parliamentary Group (DPG) and the other from The Democrats (TD), which will be submitted for a vote, we, like the people, have some cause for concern. Upon analysis of these two texts, we can, without risk of error, affirm that unlike MOELE-BENIN’s solution diagram, they still carry genes of exclusion.

1. Regarding the bill proposed by the Democratic Parliamentary Group.

As worded, this bill excludes from the 2026 presidential election the political class not currently represented in the National Assembly and Municipal Councils. With this bill, 62.21% of the electoral body is silenced in the choice of candidate duos for the 2026 presidential election (the turnout rate for the 2023 legislative elections being only 37.79%), imposing on them the desires of only the UPR, BR, and TD political parties. This bill also lacks in associating the Constitutional Court and the Supreme Court, as the case may be, in the election organization by involving them in the establishment of precinct commissions, thus making them judge and party.

• Regarding the bill submitted by the parliamentary elected officials of the Progressive Union Renewal (UPR).

This bill, which accommodates political parties like MOELE-BENIN absent from the Parliament and Municipal Councils, still displays a much more marked exclusive character. In our view, it could theoretically lead the people to give almost all the elected officials (both deputies and mayors) to a single political camp. In such a case, there is a risk that a single family or political allegiance monopolizes the sponsorship. The consequence is clear, no competition because the competitors will be chosen from the same political camp to make the 2026 presidential election a friendly match. However, the National Representation has the urgent duty to prevent this people from taking a leap into the unknown by giving the possibility to a single camp to sponsor.

• The path outlined by the Constitutional Court through its decision of January 4, 2024.

We must commend the decision of the Constitutional Court, which is a peace-preserving decision for 2026 by offering the opportunity to all political parties of all stripes, represented or not in the National Assembly, to participate in the 2026 presidential election. By following the invitation of the Constitutional Court, the electoral people, especially the 62.21% of abstainers from 2023, will have the opportunity to decide whether or not to include political parties currently without elected officials, on the list of candidate duos for the 2026 presidential election.

Given the above, MOELE-BENIN urges the deputies to strictly adhere to the spirit of the decision of the High Court for a flawless update of the Electoral Code, without political calculations or politics. By rereading the Electoral Code in the spirit of the decision of the Constitutional Court, not only will the UPR, BR, and The Democrats political parties be present in the 2026 presidential election if they so wish, but also the opportunity will be given to political parties without sponsoring officials to go before the people through the 2026 municipal elections to seek sponsoring officials.

What to remember from the spirit of the decision of the Constitutional Court?

1. The sponsoring deputies are those of the 9th legislature This makes it possible for the current parliamentary majority and opposition to be present at the starting line of the 2026 presidential election. This will also allow the CENA enough time to not rush the organization of the 2026 presidential election due to a reduction of the 50-day period between the deadline for submitting candidatures and the start of the electoral campaign.

b. The sponsoring mayors are those who will come from the combined legislative and municipal elections of 2026. This allows the electoral people to decide whether or not the current non-parliamentary majority and opposition should be present at the starting line of the 2026 presidential election.

Recommendations of MOELE-BENIN

1. Maintain February 5, 2026 as the deadline for submitting candidatures for the 2026 presidential election to:

– allow the deputies of the 9th legislature to sponsor, therefore ensuring the presence of UPR, BR, and The Democrats at the starting line for the 2026 presidential election;

– allow the CENA to have the full 50 days between the deadline for submitting candidatures and the start of the electoral campaign to avoid a rushed organization of this election.

2. Limit the installation of municipal councils to be elected in 2026 and the appointment of corresponding mayors in the period from February 1 to 3, 2026. In doing so, the constitutional provision for the installation of these Municipal Councils between the first and third Sunday of the month of February of the election year (February 1 to 15, 2026 for the case of 2026) will be fully respected.

We remind everyone that the Constitution of December 11, 1990 did not provide for a sponsorship mechanism. In other words, we are still in the learning phase, and this requires a great deal of flexibility and political pragmatism from us. In the same vein, we recommend to the National Representation to seize this opportunity offered by the Constitutional Court to root out the blatant flaws in the Electoral Code, particularly the one-year residency requirement that excludes our compatriots in the diaspora from legislative contests. It is also important for the deputies to pay benevolent attention to simplifying the documentation required in the candidature process by removing redundant documents and contentious ones such as the tax clearance, proof of residence, etc., the issuance of which has always been a source of tension.

Through this channel, we make a fervent appeal to deputies of all stripes, as they hold the future and destiny of an entire people in their hands, the people who have entrusted them with their fate. Dear deputies, never forget, you have the duty to listen to your constituents and to follow the path indicated by the people. Regardless! Since no political position is eternal, avoid tailor-made laws to avoid suffering from them tomorrow when the wheel turns.

Done in Cotonou, March 3, 2024