VZCZCXRO7793
PP RUEHMA RUEHPA
DE RUEHCO #0124/01 0921119
ZNR UUUUU ZZH
P 021119Z APR 09
FM AMEMBASSY COTONOU
TO RUEHC/SECSTATE WASHDC PRIORITY 0847
INFO RUEHZK/ECOWAS COLLECTIVE

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. 
 
---------------------------- 
Debate over the Implementing 
Agency for the LEPI 
--------------------------- 
 
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. 
 
--------------------- 
Constitutional review 
--------------------- 
 
¶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 
 
COTONOU 00000124  002 OF 002 
 
 
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. 
 
--------------------- 
New Administrative 
Division Plan at Stake 
---------------------- 
 
¶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