143. He further argues that the mayor is only the executive agent of the
municipality and therefore does not represent the political choice of the
entire municipality. For the Applicant, therefore, vesting the power to
sponsor a candidate violates the principle of democratic change of power in
that it excludes all other representatives chosen by the people from
participation in the conduct of public affairs.
144. He further states that there is no opposition in the parliament of the
Respondent State, as all deputies are affiliated to the president’s camp. He
explains that these deputies not only illegally impede his candidacy and that
of several other citizens of the Respondent State but also compel the
citizens to pledge their allegiance to them in order to be sponsored. He
therefore believes that the sponsorship system precludes any guarantee of
democratic change of government in Benin protected by Article 23(5) of
ACDEG.
145. Finally, the Applicant submits that Article 5339 of the amended Constitution
violates the right to freedom of religion protected by Article 8 of the Charter
and Article 18 of the ICCPR insofar as it provides that: “Before taking office,
the President of the Republic shall take the following oath: before God, the
spirits of the ancestors, the Nation and the Beninese people, the sole
repository of sovereignty ....”
146. According to the Applicant, by using the phrase “spirits of the ancestors” in
the text of the presidential oath, the Respondent State expressed its view
which considers as legitimate the belief in ancestral spirits. He contends that
as a citizen, he cannot be compelled to take an oath based on such a belief,
which is contrary to his own religious convictions and beliefs.
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Resulting from the constitutional amendment of 7 November 2019.
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