Constitution

Benin 1990 Constitution

Table of Contents

TITLE I. THE STATE AND SOVEREIGNTY

ARTICLE 1

The state of Bénin shall be an independent sovereign republic.

The Capital of the Republic of Bénin shall be PORTO-NOVO.

The national emblem shall be a tri-colored flag of green, yellow and red. Next to the staff is a green band for the entire height and two-fifths of the length, with two equal horizontal bands: the upper one yellow and the lower one red.

The national anthem of the Republic shall be “l’AUBE NOUVELLE.”

The motto of the Republic shall be “FRATERNITÉ-JUSTICE-TRAVAIL.”

The official language shall be French.

The State Seal shall consist of a disk 120 millimeters in diameter showing:

  • On the obverse side a pirogue loaded with six five-pointed stars sailing over the waves, accompanied overhead by a bow with one arrow in the shape of a palm supported by two crossed “recades,” and below by a banderole bearing the motto “FRATERNITÉ-JUSTICE-TRAVAIL” with the inscription “République du Bénin” within the circle;
    And on the reverse side a shield divided into two equal parts-the first part of sinople [green] and the second of gold [yellow] and of gueules [red] which are the three colors of the flag. The shield is surrounded by two native palm trees with their trunks crossed in the shape of an X.

The Coat of Arms of Bénin shall be as follows:

  • In the first quarter in gold, a Somba fortress;
    In the second quarter in silver, the native star of Bénin, that is to say, an eight-pointed azure saltire angled with rays of silver and black in the background;

    In the third quarter in silver, a green palm tree loaded with red fruit;

    In the fourth quarter in silver, a sable [black] ship sailing on an azure sea with a losange in gueles [red] passing under the line of the quarter.

The Supporters: two spotted panthers in gold;

The Postage Stamp: Two black cornucopias from which come ears of corn;

The motto: “Fraternité-Justice-Travail” in black letters on a banderole.

ARTICLE 2

The Republic of Bénin shall be one-indivisible, secular, and democratic.

Its principle shall be: Government of the People, by the People, and for the People.

ARTICLE 3

National sovereignty shall belong to the People. No portion of the People, no community, no corporation, no party or political association, no trade union organization nor any individual shall be able to abrogate the exercise of it.

Sovereignty shall be exercised in accordance with the present Constitution which is the Supreme Law of the State.

Any law, any statutory text and any administrative act contrary to these provisions shall be null and void. Consequently, any citizen shall have the right to appeal to the Constitutional Court against the laws, texts, and acts presumed unconstitutional.

ARTICLE 4

The people shall exercise their sovereignty through their elected representatives by means of the referendum. The conditions of recourse to the referendum shall be determined by the present Constitution and by an organic law.

The Constitutional Court shall see to the regularity of the referendum and shall proclaim its results.

ARTICLE 5

Political parties shall cooperate in the expression of suffrage. They shall be formed and shall freely exercise their activities under conditions determined by the Charter of Political Parties. They must respect the principles of national sovereignty, of democracy, of territorial integrity and of the secularity of the State.

ARTICLE 6

Suffrage shall be universal, equal and secret. The electors shall be, under the conditions determined by law, all Béninese nationals of both sexes over the age of eighteen and in full possession of their civil and political rights.