Fragility of Elections Cameroon (ELECAM) and Its Impact on Democracy

The political life of Cameroon is plagued with many mischiefs just like any other country around the globe. The conduct of a free, fair, and impartial election in the various levels in Cameroon (Presidential, Regional, and Municipal elections) has been one of the main concerns in Cameroon’s political system. Recently, Cameroon has witnessed an upsurge in political crisis. From the organization of the 2018 presidential elections to the regional elections in 2020, the opposition parties have continuously accused ELECAM of fraudulent electoral practices. This has led to the arrests and detention of members of the opposition party, with hundreds of them seeking refuge in neighboring countries.

ELECAM is the body charged with the responsibilities of organizing, managing, and supervising elections in Cameroon[1] to ensure that there is transparency and fair play and thus impacts the Cameroonian democracy. It was put in place by Law No 2006/011 of December 2006 to set up Elections Cameroon. Elections in Cameroon are thus regulated by the electoral code put in place by Law No. 2012/001 of 19 April 2012 relating to the electoral code. The functioning of the organization is pregnant with a lot of weaknesses which makes it difficult and thus prevents it from carrying out its duties and responsibilities. This article, therefore, sets out to examine the challenges and impact of ELECAM on the Cameroonian democracy and ways to improve it.

The appointment of ELECAM members by the president of the Republic. The appointment of members of electoral board, chairperson of the board and the general directorate of elections[2] which makes up ELECAM by the president is a big blow to it functioning and democratization processes in Cameroon. This is because it makes one to have the impression that if the president sees that the ELECAM members which he appointed wants to make certain decisions regarding elections in Cameroon that may disfavored him, he may decide to dismiss them. Thus making it difficult for transparent, free, fair and impartial elections to be conducted in Cameroon as the saying goes thus that “you cannot bite the finger that feed you”. This thus gives the impression that ELECAM members always acts in  favor of government in power as they think that favoring the government in power is simply protecting their jobs. The appointment and dismissal of ELECAM members at will by the president can be evident in the presidential decree of April 25^th 2017 that saw the appointment of former governor and civil administrator; Enow Abram Egbe who replace Samuel Fonkam Azu’u as the board chair of ELECAM.

The structure of ELECAM. The composition of ELECAM[3] is a great threat to its functioning and democracy given that the organization is made up of two different bodies. That has different functions such as the general directorate of ELECAM, which is responsible for the organization and management of the polls, and the electoral board, which simply supervises the activities of the general directorate of elections as, contain in section 18 of the 2006 law[4]. Section 6 of the 2006 law further highlight the role of the electoral board which is to ensure that all stakeholders, for the purpose of guaranteeing regular, free, fair, transparent, impartial and credible polls with that of the general directorate of elections. Although the two have separate functions, given that they both carried out electoral functions, there is bound to be conflict given that one may decide not to take orders from the other making their functioning difficult. This was the situation with ELECAM that saw the dismissal of it boss in 2017 by a presidential decree. So making the two organs that makes up ELECAM a fiduciary to each other makes it difficult for ELECAM to do it work properly, thus a threat to Cameroonian democracy. This is in contrast with the organs of a company where neither shareholders are a fiduciary to each other as in the case of Imperial Hydropathic Hotel co, black pool v. Hampson[5]

The non-independence nature of ELECAM. Based on the recommendation of Common Wealth Observer Committee[6] for Cameroon to form an independent body to do the job of election in Cameroon done by the ministry of territorial administration and decentralization and NEO. The Cameroonian government responded by creating ELECAM, though as an independent body, the ministry of territorial administration and decentralization and the executive arm of government (the president) still has a lot to do about elections in Cameroon. This is because the president as seen above where the president can appoint and dismiss. The lack of autonomy in ELECAM makes it difficult functions properly.

The lack of criteria for the appointment of ELECAM members. The absent of any condition for the appointment of ELECAM members cast a lot of doubt on the proper execution of its duties. For example, almost all the members of ELECAM are made up of CPDM militants, which is the ruling party in Cameroon. Given that nobody wants to see himself fall for another to rise, the CPDM are bound to work in favor of their fellow party members in any elections carried out by them; be it municipal, parliamentary, senatorial or presidential election within the territory of Cameroon. Given that the Ministry of Territorial administration and the president of the Republic can dismiss a member who works against him at any time. A glaring example is the scenario that happen in 1992 when the Social Democratic Front (SDF) was allege to have won the election but since it was control by CPDM members under the ministry of territorial administration and decentralization, the  appointed minister in power, Marafa Amidou Yaya favored the ruling party. Thus, there is no doubt that things like this can always repeat itself. Thus, a setback to the Cameroonian democratic practice.

The multiple registration by some voters and the appearance of names of death people on the electoral register. The multiple registration and possession of more than one voters card makes voters to vote more than once thus creating uncertainty in the outcome of an election in Cameroon and as a result makes the work of ELECAM difficult.

Also the inaccuracy of ELECAM officials who works in computers in checking the names of voters to ensure that the voters are still alive or death makes it difficult for ELECAM to organize a transparent election. Given that those whose name are in the register’s list are always counted regardless whether there are alive or death and whether they voted or not.

Lack of awareness about the important of elections by most Cameroonians. The lack of knowledge about the vital nature of election by most Cameroonians and the inadequate measures to combat the situation makes the work of ELECAM tedious and thus creates a lot of inefficiency in it functioning. Many Cameroonian do not know that the voting of their leader is a right and duty to them and as a result see no need registering themselves to vote when it is time for election. This makes it very difficult for ELECAM to obtain the minimum number of voters to partake in a particular election.

The inaccurate period for elections. The time for the training of ELECAM polling staff is very short (three days). This makes it problematic for them to be efficient. This is oppose to the long 15days in presidential elections, put in place for the pronouncement of elections results, after the polling which is considered to be reasonably very long.  As compared to other countries like the United States of America, wherein, before the polling ends the public already knows the winner of the elections. This poses a lot of questions on the credibility of the result given that the body is not even the one that pronounces the elections in Cameroon.  For example, the constitutional council is responsible for the pronouncement of presidential election in Cameroon. This further demonstrates the non-independent nature of ELECAM given that the organ can organize transparent, impartial, free and fair elections but there will be rig at the level of pronouncement.

Strengths of ELECAM

Since the creation of elections Cameroon in 2006, there has been a Considerable improvement in the preparations for both the presidential elections and other elections (municipal and parliamentary elections) as compared to previous ones. However, much still have to be done to improve on future presidential, parliamentary municipal and regional elections.

The leadership of ELECAM have been doing a commendable work especially in organizing elections. One can therefore understand that the establishment of ELECAM is a significant and first step toward a credible electoral process.

Moreover, it is worthy for one to applaud ELECAM’s efforts in establishing key structures at the local level within the jurisdiction of Cameroon in collaborating with political parties and other stakeholders and in the organization of Diaspora Voting, for the first time in 2011 in the country’s history.

This aspect of ELECAM has greatly improved on the democratization of Cameroon’s electoral system and thus one of the best steps taken by the government to improve and advance democracy in Cameroon.

Conclusion

Given the high expectation of voters in an election, especially in 2011 when ELECAM conducted it first presidential elections in Cameroon. Taking into consideration the still to be held future elections (presidential elections, municipal and regional elections) there is always a lot of uncertainty pertaining to the credibility of the results of each election in Cameroon.  There is still more to be done by ELECAM which is the body tasked by law to independently governed the organization and management of elections in Cameroon. This is because ELECAM is not totally an independent body given that the government still controls the organization as the powers to appoint and dismiss members of ELECAM are vested on the president. The existence of an election management body is to be commended as part of the development and maturing of the democratic processes in Cameroon.

Recommendations

Before the establishment of ELECAM in 2006, elections were organized, managed and supervised by the MINAT. The formation of ELECAM was therefore a considerable step in the democratization process in Cameroon.  Base on this research and taking into consideration the short comings of ELECAM, one can therefore recommend the following.

To begin with, ELECAM needs to do more to demonstrate its neutrality and inspire the confidence of the electorate in all elections. In this connection, it would be helpful if measures are taken to enhance the institutional autonomy of ELECAM in a bid to enhance democracy in Cameroon.

In addition, given the fact that there are significant number of laws governing elections in Cameroon, MINATD published a compilation of citations of five laws that are directly relevant to presidential elections[7]. This will provide some clarity and ease of access to the legal framework. The researcher believes that in all elections, a complete and comprehensive review of the various electoral laws should be undertaken with a view to commencing a consultative process of electoral reform, which captures some of the recommendations in this work. It is worthy to note that the establishment of ELECAM itself, through Law No 2006/011 of 29 December 2006, presents a strong foundation for electoral reform that can be built upon.

In addition, based on the autonomous, independence and impartiality of ELECAM, it should have the sole responsibility of handling the electoral process, pursuant to section 4 0f the electoral code. Based on the researcher, this should include the hearing of disputes with right of appeal to the Constitutional Council; announcement of the results; and accreditation of observers. This would address the institutional overlaps in responsibilities which the researcher found it to intrude on the autonomy of ELECAM. It is the researcher’s recommendation that the remaining remnants of electoral functions should be progressively transferred from MINAT and other institutions to ELECAM. This is because the ministry of territorial administration still has a big role to play in election matters in Cameroon which is making ELECAM not to be fully independents

Furthermore, Base on the filling of gaps in the electoral framework, one will then recommend that the recommendations of the 2004 Commonwealth Observer Group in urging the establishment of the Senate and the Constitutional Council, which have constitutional roles to play where there is a vacancy in the office of the presidency, and during the hearing of electoral disputes respectively[8] should be fully enforced since the state has put in place all these. Additionally, the researcher urges the review of whether the Constitutional Council should have original jurisdiction to hear election petitions or whether its jurisdiction should be appellate by way of review.

In the same light, regarding issues of inaccurate voters list, the new registration list should be completed in time for all elections in the country. This is to make sure that the list of registered voters should be available online and even in hard copy, readily and easily available in clear print. The master list of all voter region-wide and nationwide should be readily available to voters at will. It should be made clear that once a registered voter’s name is on the list, the voter does not require any further document other than the official identification to vote in the election.

A timetable should be designed that allows sufficient time for pre-election activities such as voter registration, candidate nomination, inspection of the voter register and campaigning. For example, candidates must be given sufficient time to prepare and present their documents.  .

To ensure increased participation and passion in the electoral process, voters must be educated to have a wider influence. For example, voters should be provided with information on the relevant documentations for voting in election. The researcher therefore observed that confusion still loom among some voters on whether they could vote with just the national identity card in cases where they had not received their voters’ cards. Therefore, voters needs to be properly educated on the voting process.

In addition, the distribution of sensitive election materials such as ballot papers on the eve of voting might compromise security. Ballot paper management must be improved throughout the entire process from production, distribution and polling.

In order to avoid multiple voting, the use of ineffaceable ink in an inkbottle should be made mandatory to ensure credibility in the elections. Training should specify the purpose of the indelible ink, to address the misconception that the ink is solely to be used for marking the back of the voting card, when instead it is for permanently marking voters themselves to prevent multiple voting. The researcher also wishes to recommend that it is best practice for voters to be inked immediately the ballot paper is issued. So, if all this mention is done, double voting will be avoided

Concerning polling stations staff, the researcher recommends the training of staff in clearly defined and uniform procedures to avoid marginalizing voters, and to minimize variation in processes such as sealing of ballot boxes, verification on voters’ register, inking and counting procedures.

With regards to the role of party agents, the researcher therefore notes that Party agents should represent candidates and/or parties, and should not be used as election staff. The researcher therefore reiterates the recommendation of the 2004 Commonwealth Observer Group, which noted in its report that “election management functions should be performed by people whose loyalty is to the integrity of the process rather than to a particular candidate or party[9]

Given the fifteen-day period from the close of polls to the announcement of results (presidential elections) is unreasonably long. The researcher therefore recommends a review of the verification procedures leading to the announcement of results with a view to shortening the process. This is to prevent any irregularities especially in this kind of elections.

Finally, the researcher further recommends that ELECAM should be given the right to declare elections results in a bit to strengthen its autonomy and independence.   It has therefore been the interest of the researcher throughout the work to provide this service for the people of Cameroon in the hope that in the fullness of time, democracy will grow and flourish within their beautiful country

[1] See the electoral code, section 7

[2] See the electoral code, section 24

[3] See the electoral code, section 112 to 23

[4] Law No 2006/011 of December 2006, section 18

[5] Imperial Hydropathic Hotel co, black pool v. Hampson (1882) 23 ch1 CA

[6] See the Commonwealth Final Report, October 2018, titled Evaluation of the Commonwealth Secretariat’s Democracy Programme  2013.2014-2016/207(Evaluation Series 111)

[7] The five laws are: law No 96/6 of 18 January 1996, law No 92/10 of 17 September 1992, law No 2006/011 lf 29 December 2006, law No 2004/044 of 21 April 2004 and law No 2011/013 of 13 July 2011 (and relevant amendment and supplementary laws )

[8] Report of the commonwealth observer Group: Cameroon presidential elections, 11 October 2004, at page 44

[9] Supra2, at page 4

Berinyuy Cajetan, Publisher

Berinyuy Cajetan is the founder and publisher of Human Rights and Legal Research Centre (HRLRC) since 2017. He has intensive experience in strategic communications for Civil Society Organizations, campaign and advocacy, and social issues. He has an intensive experiencing in human rights monitoring, documentation and reporting.