Reforming juvenile justice in Benin: between progress and challenges
Juvenile justice in Benin has undergone numerous reforms in recent years, aimed at improving the judicial treatment of young people in conflict with the law. The need for a system that is both repressive and educational, and capable of taking into account the specific characteristics of minors, remains at the heart of the Beninese authorities’ concerns.
However, although significant progress has been made, major challenges remain to guarantee the effectiveness of children’s rights and their social reintegration. The major challenge is to ensure that justice is adapted to reconcile the protection of minors’ rights with the fight against juvenile delinquency.
Benin’s judicial system, historically marked by a punitive approach, has gradually evolved. The Children’s Code, reformed in 2015, has introduced new practices, offering an approach more geared towards re-education than punishment. Among other things, this text enshrines the creation of juvenile courts, dedicated specifically to judging minors.
The aim of these courts is to encourage decisions that are better adapted to the age and personality of young offenders. According to the Ministry of Justice and Legislation, between 2015 and 2020, the number of young people placed under educational measures increased by 30 percent, a sign of the system’s gradual embrace of this new approach. Juvenile justice rests on three pillars, namely prevention, which aims first and foremost to prevent children from coming into conflict with the law and, where appropriate, to keep them out of direct contact with the formal criminal justice system.
Secondly, diversion, the aim of which is to ensure that minors in conflict with the law or at risk receive measures adapted to their situation. Finally, protection, which aims to protect children at risk from the risks that could lead them into conflict with the law and/or from the forms of abuse and offences that could be committed against them. This protection takes account of their personal development, to dissuade them from re-offending, encourage their rehabilitation and facilitate their reintegration into society.
Concrete progress….
While the reforms are laudable, the reality on the ground shows that they encounter numerous obstacles. The lack of resources and appropriate training for justice professionals remains a major obstacle.
Judges, police officers and specialized educators often lack the means to apply the law in optimal conditions. In addition, infrastructures dedicated to minors in conflict with the law, although modernized, are still insufficient and sometimes unsuitable.
According to the fourth periodic report submitted by Benin in accordance with article 19 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, published in May 2024, Benin has three centers for the protection of children and adolescents (CSEA), whose mission is to rehabilitate and reintegrate children in conflict with the law and in moral danger into society, monitor and support children in moral danger, and prevent juvenile delinquency.
The Child and Adolescent Protection Centers (CAPC) are supported by the Child Care and Protection Centers (CCPC), which are committed to welcoming, supporting and reintegrating children in difficult situations. At these centers, children benefit from holistic care, including vocational training, health care and food in line with international norms and standards. However, in 2023, children charged with an offence represented 2.24% of the total number of people detained for an offence at the Cotonou prison, according to the same report.
Juvenile delinquency statistics…
Juvenile delinquency remains a major problem in Benin’s major cities. According to national police statistics, nearly 15% of crimes recorded in Cotonou in 2023 involved minors.
The most frequent crimes are theft, assault and physical violence, often linked to poverty and social exclusion. The majority of minors in conflict with the law come from disadvantaged backgrounds. A study carried out in 2022 by the NGO “L’Avocat des Enfants” revealed that 68% of young people tried for delinquency come from low-income families.
This economic factor seems to be fertile ground for deviant behavior, underlining the need for reinforced social policies alongside reform of the juvenile justice system.
Rehabilitation or recidivism?
The case of Koffi, 16 years old, illustrates the complexity of the rehabilitation process. Accused of armed robbery in a market in Cotonou, he was placed in detention at the Missérété center. After six months in care, Koffi showed signs of improvement, but once released, he fell back into delinquency.
This case raises the question of the effectiveness of educational measures after leaving rehabilitation centers. The lack of post-incarceration follow-up and the difficulties of integration into society remain question marks. Conversely, the case of Aminata, 14 years old, also convicted of theft, illustrates the possibilities offered by appropriate educational support.
Placed in a child and adolescent protection center after her judgment, Aminata followed a school program. A year after her release, she managed to re-enter the school system and find stable employment in a sewing workshop in Parakou. His story demonstrates that, despite the obstacles, successful reintegration paths are possible.
Towards a global and more humanitarian approach…
In order to strengthen the effectiveness of juvenile justice, several avenues must be explored. These include strengthening financial and human resources, post-release monitoring, the construction of suitable infrastructure and the implementation of social prevention policies through support programs for vulnerable families.
Juvenile justice in Benin continues to transform in a context where the repression of criminal acts must be combined with the need for social reintegration. Although progress has been made, in this case through legislative reforms and educational support efforts, the effective implementation of these measures on the ground remains complex.
The challenge remains to ensure that young offenders truly have a chance of reintegration and that Beninese society can offer a better future to future generations.