Benin: A New Law on the Recognition of Nationality for People of African Descent

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Eric Codjo Montcho Agbassa (University of Abomey-Calavi) and Renaud Fiacre Avlessi (University of Abomey-Calavi)

In 2024, Benin became the first African country to specifically adopt a law offering people of African descent the opportunity to acquire nationality “by recognition”. This new law was adopted two years after a complete revision of the Beninese Nationality Code, by Law No. 2022-32 of 20 December 2022, which, among other things, removed vestiges of gender-based discrimination and strengthened birthright nationality in Benin.

The bill was approved by the Council of Ministers on Wednesday, 8 May 2024, for transmission to the National Assembly, and adopted by a vote of the Assembly on 30 July. Law No. 2024-32 relating to the recognition of nationality for people of African descent in the Republic of Benin came into force with the promulgation of the law by the President of the Republic on 2 September 2024.

Benin thus joins several other West African states, including Ghana and Sierra Leone, which offer this possibility to some extent. In this blog post, we discuss the context of the law, its key provisions, legal consequences, and its appeal to potential applicants.

Context of the Law

The adoption of this law is in line with the policy of the current government, which has moved closer to countries with a large community of people of African descent, such as Haiti and Brazil. As explained by the Council of Ministers, this law is a response to UN General Assembly Resolution 68/237, which proclaimed the period from 2015 to 2024 as the International Decade for People of African Descent, and to the African Union’s recognition of the Diaspora as the sixth region of the continent. It also aimed to heal:

“the deep wounds that the slave trade left on African societies, in general, and on the descendants of deported and enslaved people, in particular by allowing Afro-descendants who wish to reconnect with their kingdoms of origin, or failing that, with the republics that replaced them, to apply for Beninese nationality.”

But, one wonders if there are not additional reasons and motivations that are not acknowledged. The Beninese government has initiated several reforms to make the country attractive to investors. Thus, this law could be interpreted as inviting people of African descent to come and invest in Benin. This argument on the economic aims of the law is all the more plausible since the possibility of acquiring nationality due to Afro-descent is extended to all people with origins in sub-Saharan Africa who no longer live on the continent. Furthermore, in a speech delivered on Saturday, 28 September 2024 at the United Nations in New York, the Minister of Foreign Affairs, Olushegun Adjadi Bakari, stated the following:

“People of Afro-descent are not simply distant members of our family, they are our children, our brothers, our sisters. They embody an essential part of our collective identity. By recognizing their right to return, we tell them, you have never ceased to belong to this land. Africa is your home and we await you with open arms. This act is much more than a symbolic gesture. It is an invitation to a common future, a vibrant call for solidarity. Together, Africans and Afro-descendants of the continent and the diaspora, we will meet the challenges of tomorrow, together we will build a strong, prosperous and respected Africa. Benin has paved the way for a united Africa, open to the world that takes charge of itself, an Africa committed to achieving its future. The century of Africa is within reach. It depends on our ability to seize this opportunity, to build an Africa where every citizen, whether born on the continent or from the diaspora, can play a key role in our common renaissance.” 

The minister’s speech is, in some ways, an implicit call to people of African descent to come and participate in the construction of Benin. To facilitate the return of people of African descent, the Beninese government has undertaken the construction, in the city of Ouidah, of a specific housing estate, dedicated to people of African descent, with the development of memorial tourism on this past. In short, this law aims to reach out to people who are attached to Benin through the sad history of slavery. They can now connect with their roots and feel at home.

Key Provisions

The law sets out the conditions under which a person of African descent can obtain Beninese nationality. To acquire nationality based on Afro-descendant descent, one must meet the conditions strictly defined by law. Then, the formalities to apply for this nationality must be completed.

The new law sets three limiting conditions. The first condition relates to age. To obtain this nationality, an applicant must be of legal age under Beninese law, i.e., be at least 18 years old at the time of application. The second condition relates to the applicant’s geographical origin. A person of African descent must be a national of a non-African state or territory. Consequently, nationals of other African states are not eligible for this nationality. This criterion is logical in that the law targets the descendants of enslaved people deported during the triangular trade, also known as the slave trade, between 1441 and 1848.

Finally, applicants for nationality must provide proof of their African ancestry. The following are admissible as proof:

  • Civil status documents and official documents, such as birth certificates, marriage certificates, and death certificates, which attest to a connection with an enslaved person deported from sub-Saharan Africa. Since enslaved people were considered personal property under the Code noir, the legislature also included certificates of ownership, manumission, and acts of emancipation, etc. These documents serve to establish proof of filiation between the Afro-descendant and the applicant for nationality.
  • Testimonies recorded by “authenticated deed” (acte authentique) attesting to African descent. An authenticated deed is an official document drawn up by a public official, such as a notary or a civil registrar, and signed and sealed by that authority. Authenticated deeds have high probative value and are considered legal evidence in the event of a dispute.
  • Technical documents, such as a DNA text. To be valid, the DNA test must be carried out with the necessary accuracy by a body recognised by the Republic of Benin. There is no requirement for the DNA test to show a connection to Benin in particular ( unlike in the case of Guinea-Bissau, for example). Beninese law considers all persons of sub-Saharan African descent born before 1944 in states in the territories of deportation as part of the triangular trade to be Afro-descendants by operation of law.

An Afro-descendant applying for Beninese nationality must submit an application to the Minister of Justice. The law requires that the applicant be present in the country and that the applicant submit the application in person. Presence in Beninese territory demonstrates the applicant’s desire to connect with the state whose nationality they are seeking. It is also a means to begin their integration and assimilation. The applicant is not required to prove their permanent residence in Benin. The law allows for one exception to the condition of residence. An Afro-descendant applying for nationality may submit their application from their country of residence without having to travel. In this case, however, the applicant is granted nationality by provisional recognition for a period of only three years. Under Article 11, the applicant loses their new nationality if they fail to provide proof of residence on Beninese soil within three years. This period begins upon the acquisition of provisional nationality.

Legal effects

The law attaches specific effects to both the acquisition of nationality by people of African descent and its loss. Nationality based on Afro-descent is granted by decree of the Council of Ministers, either provisionally or permanently. The holder of provisional nationality “by recognition” is granted a number of rights. They are issued a provisional nationality certificate, which lapses if they fail to fulfil their residency obligation. They are entitled to entry and residence in Benin. However, they are not entitled to a passport.

The holder of nationality based on Afro-descent who has applied for it personally in Benin does not face the same restrictions. Thus, they have the right to reside in Benin, the right to a certificate of Beninese nationality by recognition, and also a Beninese passport. Moreover, the holder of nationality “by recognition” may transmit it to their descendants. However, a reading of the law reveals that holders of nationality based on Afro-descendant descent have neither the right to vote nor the right to be elected to political office. This is how nationality acquired based on Afro-descendant descent differs from nationality acquired through the normal procedures of naturalisation: nationality based on Afro-descendant descent is a nationality without citizenship.

At a later date, however, the Afro-descendant may apply to naturalise and thereby acquire full nationality rights according to the conditions set out in the Nationality Code.

On 9 April 2025, the government submitted to the National Assembly a draft amendment to Law 2024-31 of 2 September 2024 relating to the recognition of nationality for persons of African descent. The main proposed amendment concerns the title of the current provisional certificate, which will become a certificate of eligibility for Beninese nationality. This designation will clarify the status of beneficiaries awaiting finalisation of their application, without creating confusion with the effects of nationality. The proposed amendment responds to the need for legislative harmonisation, administrative simplification, and compliance with the principles of legal certainty, transparency, and efficiency. It also has the advantage of providing a clearer, more protective framework, consistent with Benin’s ambitions for a return to origins and the recognition of Afro-descendants in the national community.

How the status can be lost

Nationality based on Afro-descendant status can be lost voluntarily or by decision of the executive. First, an Afro-descendant who has acquired nationality may decide to renounce it according to the terms set out in the Nationality Code. The State may decide to revoke nationality from an Afro-descendant who has acquired nationality “by recognition”. The rules applicable to revocation are no different from those set out in the Beninese Nationality Code. In general, a person of African descent may lose their nationality for the following reasons:

  • if it is established that it was obtained through lies or fraud, and if no connection with a person of African descent from sub-Saharan Africa can be established since its issuance;
  • if the person is convicted of an act classified as a crime or for an act undermining the internal or external security of the Beninese state, the fundamental interests of the nation, or for an act of terrorism;
  • if the person has engaged in acts incompatible with Beninese nationality for the benefit of a foreign state.

The procedure for withdrawing nationality is initiated by the Minister of Justice. The Council of Ministers, based on the latter’s report, issues the decree forfeiting nationality. This decision is notified to the person concerned and the competent authorities. These are generally the institutions that enforce the decree, namely the Ministry of the Interior, Justice, and Foreign Affairs and the Immigration Directorate. The law offers no recourse to persons of African descent who are stripped of their nationality; they cannot even rely on a failure to publish the decision of deprivation.

Practical provisions

On 20 November 2024, the President issued the implementing decree for Law No. 2024-32, relating to the recognition of nationality for people of African descent in the Republic of Benin. People of African descent who wish to acquire Beninese nationality by recognition can already submit their application online. The Government of the Republic of Benin officially launched the digital platform “My Afro origins” for applications on 4 July 2025. The platform is accessible to speakers of French, English, Portuguese, and Spanish.

For the application process, applicants are required to prepare the following documents before creating an account on the platform:

  • Valid ID
  • Proof of address
  • Proof of occupation
  • Proof of Afro-descent
  • Certificate of a clean criminal record or equivalent

Then, applicants must pay the application fee of US$100. Applications are reviewed within three months from the date of notification of receipt of the complete application. Once the applications are processed, applicants will be notified of the responses to their applications via the platform.

In short, all practical measures are in place to ensure the new law’s implementation. The digitalisation of the nationality recognition procedure specific to Afro-descendants is also a major step forward in that it has the advantage of allowing for faster processing of applications. However, applications for full nationality are still received directly by the Beninese administration. It remains to be seen whether digitalisation will extend to the procedure for granting nationality through naturalisation.

Potential applicants and popular concerns

The law on the recognition of nationality receives mixed reviews. For the African Union, which has described the diaspora as Africa’s “sixth region”, the “Pan-Africanist Law of Return” is the epitome of redress for wrongs. Indeed, by adopting this nationality law, Benin has aligned itself with the African Union’s vision of mitigating the damage caused by the slave trade by enabling people of African descent to reconnect with their origins.

According to some people of African descent, including potential applicants from the United States and Martinique, this law is a helping hand and an excellent opportunity for them to reconnect with their roots. They argue that it is reassuring to be able to return to their roots.

For example, Lilith Dorsey, an American citizen living in New Orleans, thinks this law is a boon for “feeling closer to her homeland”. Delighted by the passage of this law, she plans to live out her days in Benin. Nathan Debos, another American, also plans to take advantage of this opening and apply for citizenship based on his Afro-descendant heritage: “We live in the United States as if we were somewhere else, even though we were born here. It’s our country, but we have too many problems with racism, and it’s difficult for us to feel at home”. For her part, Nadège Anelka, a Martinican, believes this new law “is not necessarily a call to return” but an “opportunity” for Benin to show its solidarity with Afro-descendants to the world and to show compassion. She explains: “In every Beninese, I see my grandparents again.” I think we’re similar, and that’s what caught my attention the first time I came.” But for a small number of Beninese interviewed, the return of Afro-descendants could threaten the jobs of native Beninese and replicate the security problems that exist in the United States, in particular from the widespread use of firearms.

Less than a month after the launch of the ‘my afro origins’ platform, dedicated to receiving nationality application files, the Government appointed Tonya Lewis Lee, and her husband, “Spike” Lee, an internationally renowned producer and Oscar-winning director respectively, as “thematic ambassadors” to promote cultural reconnection between the afro-descendant diaspora in America and Benin. Soon after, Benin already granted nationality to three Afro-descendants: the American Ciara Princess Wilson, the Haitian Gabendy Joseph and the French David Romuald Smeralda.

By adopting the new provision for the recognition of nationality for people of African descent, the government of Benin has positioned itself as a key player in guaranteeing the rights (in this case, the right of return) of people of African descent on the continent, and even worldwide. At this stage, it is still too early to draw conclusions about the law’s effectiveness in terms of attracting applications. Language barriers and the climate may make integration a little longer for people of African descent from the United States and other states where French is not the official language. But it is clear that Benin wants to become the preferred destination in Africa for people of African descent. Those who already live there see it as a paradise and a haven of peace.