Rearrangement of the rules applicable to elections in the Republic of Benin : The trap to avoid

By adding to the Government's Action Program, particularly in its first pillar, its desire to strengthen democracy and the rule of law, the President of the Republic reformed the institutional framework, one of the flagship projects of his mandate at the head of the country. To do this, he initiated a series of legislative and constitutional rearrangements essentially relating to, on the reform of the functioning of institutions (the constitution in this case), judicial systems, electoral, partisan, to name only these points.

This noble objective could have made us make substantial progress in our process of taking root of democracy,  if these announced reforms had been carried out with much more know-how, of rationality, objectivity and above all sincerity.

Unfortunately, the fruits did not keep the promise of the flowers and the observation is bitter. Today, reform of the rules applicable to the various elections, which causes a lot of ink and saliva to flow appears as a perfect illustration of this regrettable observation. It not only suffers from a blatant conceptual and theoretical inconsistency but also presents warning signs of an inevitable electoral crisis..

A blatant lack of conceptual reference

The issue of regulating full multipartyism seems to have taken precedence over any other doctrinal consideration at the heart of the endless reform process in our country..

And, at least,  there was a conceptual and theoretical logic as a basis in the conduct of this reform, we wouldn't be there going around in circles as the other would say. Even if we can concede to reformers that a solid democracy cannot be built on an atomized party system, the fact remains that this observation should not serve as a pretext for pernicious developments, dedicated essentially to promoting an insidious political monopoly for the benefit of the power in place.

 How can we decide to carry out major political groupings and fight against the fragmentation of the “partisan system” the epicenter of political reforms for almost a decade and continue to maintain the proportional voting system for legislative elections? Instead of changing the voting method which is the most significant explanatory variable of the structure of the “partisan system”, we prefer to erect fanciful dikes like rates of 10%, 15%, 20%, elsewhere, 3/5 coverage of legislative electoral districts, these figures which do not correspond to any electoral reality and which do not come from any verifiable study.

For a more refreshing theoretical reminder, the least appropriate voting method with a view to achieving the above-mentioned objectives is of course that chosen by the Beninese legislator who brags on a daily basis about having revolutionized a system which has never convinced.

The critical assessment of the doctrine is final in this regard.. The main advantage of proportional representation voting lies in its representativeness. With such a system, minority groups can be more easily represented.( Constitutional right, Louis FAVORED, Dalloz, 12e, editing).

Should we remind, one of the recipes, if not the most effective recipe, to achieve a significant simplification of the political landscape obviously remains the one-round majority voting system. (whether single-nominal or list,  to remain consistent with our current electoral division model) of which we know the reducing effect on the number of parties. Failing to cause the disappearance of micro parties, this at least allows their ouster from parliament.

Warning signs of electoral crises

Instead of relying on sufficiently proven scientific support, we will seek solutions in a juxtaposition of approximations which is more legislative charlatanism without conceptual reference than a real quest to perfect the electoral system.

In a more concrete way, what awaits us in a few months during the upcoming legislative elections and which seems extremely dangerous for democracy and social peace, it is the systematic neutralization of popular sovereignty expressed in the ballot box, by legislative will, detailed expression of political power relations. In other words, it is no longer the people who will choose their representatives by electoral district. It is the electoral law which will impose its diktat here through unhealthy and toxic legislative arrangements which defy all logic.

What use will universal suffrage be when its expression can be undermined by legislative provisions coming from nowhere? ?

How to explain to the multitude the consecration of the uselessness of the ballot paper ? How to make him accept the idea that his choice expressed in the ballot box can be disqualified in favor of his rejection, by the simple fact of a legislative will ?

What legitimacy would the deputies not elected in their electoral constituencies but drafted through the electoral code claim? ?

What logic does all this come from? ?

These concerns, hot today,  should lead each of us to pay more sustained attention to the development of new electoral rules in our country and to become actively involved in the ongoing debate on the relevance of the reforms pompously initiated for eight years and frequently modified from time to time of each electoral deadline.

If only on the basis of this eternal restart, clear sign of an incomplete and therefore unfinished process, we can already suggest a break and request an evaluation so as not to go straight ahead, one more time,  into the wall with clearly inadequate legal supports. Finally, to finish , I would like,  following the Episcopal Conference of Benin, very respectfully invite the different actors involved in the normative production process, more precisely legislative, to work towards a consensual rereading of the electoral code in a spirit of truth and in the best interest of the Nation.

Franck OKE has been added