Benin
Loi portant Code de l'information et de la communication en Republique du Benin (Information and Communication Code)
Loi n° 2015-07 du 20 mars 2015 portant Code de l'information et de la communication en République du Bénin (Law No. 2015-07 of March 20, 2015 on the Information and Communication Code of the Republic of Benin)
Transparency Score: 35/100
RTI Rating: 52 (source)
Response Timeline
Public bodies have 5 days to make a decision on a request. However, the law does not clearly specify a deadline for actually providing the requested information after the decision is made. The 5-day period appears to be for acknowledging/deciding whether to grant or deny the request.
How to Submit a Request
Accepted Methods
Article 7 of the Information and Communication Code states that "every person has the right to information" (toute personne a droit à l'information). Articles 70-107 govern access to administrative documents. The Haute Autorité de l'Audiovisuel et de la Communication (HAAC) oversees implementation. In practice, implementation has been limited, with many public officials unaware of citizens' access rights.
Required Elements
- Identification of information requested
- Contact information of requester
Optional Elements
- Reason for request
- Preferred format for response
Fees
Fee information not publicly available in English-language sources. Law No. 2015-07 (Articles 70-107) governs access to administrative documents but specific fee schedules from HAAC not found.
Appeal Process
Internal Administrative Review
Public bodies have 5 days to make a decision on a request. Must provide grounds for refusal.
Appeal to HAAC
Article 99 confirms right to appeal to HAAC. HAAC can impose deadlines, invite witnesses, and investigate matters. Functions as arbiter before public prosecutor's office.
Judicial Appeal to Supreme Court
HAAC decisions are subject to appeal before the Administrative Chamber of the Supreme Court. Supreme Court rulings may be reviewed by plenary Assembly.
Benin's Law No. 2015-07 provides for appeals through HAAC (Article 99), which serves as an intermediary body. However, media professionals rarely use HAAC as a recourse mechanism - only one known case since the law's adoption. Response times are poorly defined: agencies have 5 days to decide on requests but no specified deadline to actually provide information.