Republic of Benin Law No. 2024-31

REPUBLIC OF BENIN

Law No. 2024-31 of 02 September 2024 

Relating to the Recognition of Beninese Nationality for Afro-Descendants in the Republic of Benin 

CHAPTER I – GENERAL PROVISIONS

Article 1: The purpose of this law is to define the specific conditions and modalities under which persons recognized as Afro-descendants may acquire Beninese nationality by recognition. 

Article 2: For the purposes of this law, an Afro-descendant is any person who, according to their genealogy, has a Sub-Saharan African ancestor deported outside the African continent as part of the transatlantic slave trade. 

CHAPTER II – CONDITIONS AND MODALITIES OF RECOGNITION 

Article 3: Any Afro-descendant who submits an application may acquire Beninese nationality by recognition, provided that the applicant: (1) is at least eighteen (18) years old; (2) is a national of a non-African state or territory; and (3) provides proof of Afro-descendant lineage. 

Article 4: Proof of Afro-descendant lineage may be provided through civil status or official documentation, sworn testimony established by authentic act, or by any technical or scientific means, including DNA testing conducted by an entity recognized by the Republic of Benin. 

Article 5: Persons of Sub-Saharan African origin born before 1944 in states or territories of deportation associated with the transatlantic slave trade are presumed to be Afro-descendants under this law. 

Article 6: Proof of Afro-descendant lineage may also be established through filiation with a person presumed to be Afro-descendant. 

Article 7: Applications for Beninese nationality by recognition shall be submitted to the Minister responsible for Justice by the applicant, who must be physically present within the territory of the Republic of Benin. Nationality by recognition is granted by decree adopted in the Council of Ministers upon proposal of the Minister responsible for Justice. 

Article 8: Beninese nationality by recognition is initially granted on a provisional basis for a period of three (3) years when the application was not submitted from within Beninese territory. 

Article 9: Provisional nationality granted under Article 8 becomes definitive upon proof that the beneficiary has resided in the territory of the Republic of Benin within three (3) years from the date of provisional recognition. 

Article 10: The certificate of Beninese nationality provided for under this law is issued by the competent nationality authority following notification of the relevant administrative acts by the Minister responsible for Justice.

Article 11: The provisional certificate of Beninese nationality by recognition becomes null and void if the applicant fails, during its validity period, to meet the conditions set forth in this law for obtaining definitive certification. 

CHAPTER III – EFFECTS OF NATIONALITY BY RECOGNITION 

Article 12: Provisional Beninese nationality granted under Article 8 entitles the beneficiary to a provisional certificate of nationality valid for three (3) years, without entitlement to a Beninese passport. This certificate grants freedom of entry, residence, and exit from the territory of the Republic of Benin. 

Article 13: Provisional nationality that becomes definitive under Article 9 produces the effects set forth in 

Article 14 of this law. Article 14: Beninese nationality by recognition grants the beneficiary freedom of entry, residence, and exit from the territory of the Republic of Benin, the right to a certificate of Beninese nationality by recognition, and the issuance of a Beninese passport. Nationality by recognition is transmissible to descendants. 

Article 15: Beneficiaries of Beninese nationality by recognition may, at any time, acquire full Beninese nationality and all rights attached thereto, in accordance with nationality legislation. 

Article 16: Upon proposal of the Minister responsible for Justice, Beninese nationality by recognition may be withdrawn by decree adopted in the Council of Ministers if it is established that it was obtained by fraud, if the person is convicted of crimes against the security or fundamental interests of the State, or if the person engages in acts incompatible with Beninese nationality. 

Article 17: Any decision withdrawing Beninese nationality by recognition is notified to the competent authorities and the individual concerned and published in the Official Journal. 

CHAPTER IV – FINAL PROVISIONS 

Article 18: Modalities for repudiation and reintegration are governed by applicable nationality legislation. 

Article 19: Modalities for implementation of this law shall be specified by decree adopted in the Council of Ministers. 

Article 20: This law shall be executed as a law of the State. 

Done at Cotonou, 02 September 2024 

President of the Republic: Patrice TALON