Benin

Click here for a summary of Benin’s review at the second cycle and/or the third cycle.
2nd UPR session
Date of review: 7 May 2008
Date of report adoption: 28 May 2008
Document number:  A/HRC/8/39

SUMMARY

SOGIESC issues during Benin’s 1st UPR review
Civil society submissions: ✓ (1 submission)
National report: ✘
UN information: ✘
Working group discussions: ✓
Recommendations: ✓ (1 noted)

I. SOGIESC issues/recommendations identified by NGOs
Right to privacy 

43. The International Gay and Lesbian Association, ILGA-Europe, Pan African ILGA, the international Gay and Lesbian Human Rights Commission and ARC International (ILGA) stated in their joint submission that Benin maintains criminal sanctions against consensual same-sex activity. Article 88 of Benin’s Penal Code of 1996 provides: “Anyone who commits an indecent act or an act against nature with an individual of the same sex will be punished by 1 to 3 years imprisonment and a fine of 100,000 to 500,000 francs.”.

II. Excerpts on SOGIESC issues from the national report
No references.

III. Excerpts on SOGIESC issues by UN agencies
No references.

IV. References to SOGIESC issues during the Working Group review
11. Belgium […] also asked whether Benin is going to re-examine article 88 of the Criminal Code and recommended in that regard that Benin consider decriminalizing homosexual activities between consenting adults.

29.  Regarding the issue of homosexuality, the phenomenon is not ignored but is marginal. Families would never allow their children to be taken to court for such an offence, so no criminal ruling has ever been rendered, although it is provided for by law.

33. With reference to the opinion of the CHR that laws criminalizing homosexual acts between consenting adults violate articles 17 (1) and 26 of ICCPR, Ireland called upon Benin to decriminalize homosexual relations between consenting adults.

V. Conclusions and/or recommendations
Benin noted the following recommendations:

56. 6. To consider decriminalizing homosexual activities between consenting adults (Belgium).

VI. Further information
You will find all documents relating to Benin’s first review at UPR-Info and OHCHR’s websites.