QUESTION: A CRITICAL EVALUATION OF THE CAMEROON ELECTORAL CODE.

INTRODUCTION

The process of selecting a natural person to represent the people is known as election. In an election,
the expression of one’s preference from one other candidate to the other is known as voting. The act
of voting may be opened or secret. As the name may imply, open ballot is where the choice is made
public and can be seen by others, this is the case of hand raising or a voice vote, the main
disadvantage of open ballot is that the candidate and other interested persons are aware of the
choice made by the individual voters and may later on victimize or reward them as the case may be.
In a secret ballot no other person is supposed to know the voters choice and the voting procedure is
organized in a manner that guarantees confidentiality. The persons who present themselves for
election and seeks for votes are referred to as candidates and those votes are referred to as electors
or voters. A voter or an elector is a person who fulfills the requirements laid down by the law to be
qualified to vote.
The organization and management of elections in most democratic countries is done by special
organs retired to as Elections Management Bodies[EMB] ]. Their duties include; registration of
eligible vote, compilation and publication of the elections, register, issuing of voters cards,
preparation of voting materials[ballot papers and boxes, organization and coordination of voting,
counting of voting and proclamation of results. The last two are not performed by the election
management body in Cameroon. Elections in Cameroon are managed today by Elections
Cameroon[ELECAM]. However, at the advent of multi parties, the ministry of Territorial
Administration was in charge of organization and management of elections. But due to serious
criticism from opposition political parties and foreign observers especially on the fact that the
government could not be both a player and a referee. The National Election Observatory[NEO] was
created in the year 2000. as the name implies NEO was more observatory body which observed
elections and made recommendation for the improvement of the system. It was however perceived
not to b e independent as MINAT continued to play a major role in electoral process. NEO could
not stop or prevent any irregularities noticed during elections, these short comings led to the
creation of Elections Cameroon in the year 2006. Law n0 2006/011 of 29 December 2006 creating
Elections Cameroon has subsequently been amended ending up with the electoral code which was
passed in 2012. in April 2012, Law n0 2012/001 of 19 April 2012 on the electoral code was adopted
by the national assembly and enacted by the President of the republic prior to this law electoral
issues were governed by that legislation pieces each dealing with specific types of elections. These
include Law n0 92/10 of 17 September 1992 laying down the conditions governing the vacancy of
the president of republic and Law n0 91/20 laying down the conditions governing the election of
members of parliament. As well as Law n0 92/02 of 14 August 1992 dealing with municipal
councilors.
Our concern here is to critically evaluate the Cameroon Electoral Code as will be done below. For a
better understanding and orderliness of our work, our work will be shaped in two parts. The
Cameroon Electoral Code[1], The strengths and weaknesses of the Electoral Code[2]

1: THE CAMEROON ELECTORAL CODE.

The National Assembly deliberated and adopted, the President of the Republic the 2012 law putting
in a single document all the legal provisions relating to electoral and referendum issues in
Cameroon. This law is composed of 12 parts, 299 sections laying detail all provisions to every
election and referendum. For every election it provides law on the poll, qualification for vote,
candidates and incompatibility, vote counting and proclamation of results, elections disputes and
miscellaneous provisions. we will be reviewing the electoral code in its parts.

PART ONE: GENERAL DISPOSITION

The electoral code provides that ELECAM shall be an independent body responsible for the
organization, management and supervision of all elections. Art1[2] of the code gives a summary of
its content, these include:
 provisions specific to the body responsible for the management and supervision of all
elections and referendum operations.
 Common provisions governing the elections of the president of the republic, members of
parliament and municipal councilors and to referendum.
 Provisions specific to the vacancy and election of the presidency of the republic.
 Provisions specific to the election of members of the national assembly.
 Provisions specific to the election of municipal councilors.
 Provisions specific to referendum.
 Provisions applicable to elections of senators.
 Provisions applicable to to the election of regional councilors.
 Provisions specific to voting by Cameroonian citizens based or resident abroad.
 Provisions specific to the funding of political parties as well as elections and referendum
campaigns.
The code provides that elections will be done based on secret and equal universal suffrage, the
suffrage may be direct or indirect based on the modalities laid down by the constitution and the
present law.

PART TWO: SPECIFIC DISPOSITIONS ON THE BODY CHARGED TO ORGANIZE,

MANAGE AND TO SUPERVISE ELECTORAL PROCESS AND REFERENDUM.

As to this, the code provides law on the general provisions, duties, organization and functioning.
The code provides that Elections Cameroon (ELECAM) is a moral person with managerial
autonomy. She shall perform duties in keeping with the constitution and the laws enforced. Its
members shall refrain from any acts that may undermine their duties, members of ELECAM may
not seek or receive instructions from any public or private authority in the performance of their
duties and they shall not be subject to Judicial proceedings for their views or acts in the
performance of their duties, except in case of a “flagant delicto” that is caught red handed.
Elections Cameroon is responsible for the organization, management and supervision of all
elections and referendum operation. It is vested with all powers necessary to carry out its activities
(see chapter 2, art 7(1),(2)). ELECAM is made up of organs; the Electoral Board and the General
Directorate of elections.
ELECAM is placed under the authority of the Electoral Board. The Electoral Board ensures the
functioning of the organ. Chapter three in its sections 10 to 21 gives the attributes, the composition
and mandate period of its members, its incompatibilities and the functioning. The electoral board
has as duty to ensure compliance with the electoral laws and to guarantee the regularities,
impartiality, freedom, transparency and credibility of elections(sec.10), examine candidates files
and make publish the final list of candidates for presidential, legislative, senatorial, regional and
municipal elections. They also adopt the internal rules of elections Cameroon, submits reports and
or propositions to competent authorities on relevant question. The electoral board id made up of 18
members among whom are a president and vice president appointed by the president of the republic
after consultation with political parties represented in the national assembly and the civil society.
They must be independent Cameroonians reputed for their structure, moral rectitude, intellectual
honesty, patriotism, neutrally and impartiality(sec.12). Elected for a term of 4years eventually
renewable, their functions are incompatible with that of members/office of government.
As for the General Directorate of elections, this body is responsible for the organization and
management of elections under the supervision of the Electoral Board. The president of the republic
appoints the Director General and the Deputy Director of elections for a renewable term of 5years.
The director general under the authority of the electoral board is responsible for electoral operations
or referendum, assures the administration of elections Cameroon, the deputy perform the same
duties as entrusted to him by the director general within the framework of the administration of
elections Cameroon. Section 28 to 30 gives provisions relating to support bodies, staff, and
branches of the directorate general of elections. It disposes of an annual budget and an election
budget programmed in the year, the resources are public funds managed in compliance with public
accounting rules, the minister of finance appoints a treasury accounting officer and an auditor for
this.
The protocol rang and privileges of the president and vice president of the electoral board, members
of the electoral board and that of the director and deputy director of elections are fixed by a
presidential decree(sec.40), the president of the republic by virtue of sections 5 and 8 of the
constitution shall put an end to their functions.

PART THREE: PROVISIONS RELATING TO THE ELECTION OF THE PRESIDENT OF THE

REPUBLIC, MEMBERS OF PARLIAMENT, MUNICIPAL COUNCILORS AND
REFERENDUMS.

This part provides the laws relating to the functioning of elections from the voters right, electoral
commissions establishing and distributing electoral cards, local polling commissions, the
commission for vote counting, electoral registers, registration outside revision periods, voter cards,
electoral lists, electoral campaigns, polling stations.. all Cameroonian without distinction of sex,
who has reached the age of 20years, is registered on an electoral register and is free from all cases
of disqualification provided for by law in section 47 is entitled to be an elector(sec.45). For a better
operation of elections a joint commission is created charged respectively with preparing electoral
activities, organizing and supervising election operations and the final counting of votes see chapter
2 of this provisions. Each register elector receives a bio metric electoral card on which appears his
name, surname, date and place of birth, affiliation, photo, digital imprints, profession and
residence(sec. 84), the distribution of electoral card id done under the control of the commission for
this as provided in section 53. electoral lists are established at the level of each council at each
polling station, permanent and revised annually over the national territory. The president of the
republic summons the electoral body by presidential decree on publication of 90days at least.
Campaign is opened as from the 15 day preceding the elections and close at midnight on the eve of
the election day, section 87 to 95 provides law on how campaigns is to be carried out. As to what
concerns voting polling station, the director of elections fixes for each council electoral register for
polling station and each polling station disposes of lists of electors taking part in the voting, one of
this register is used by electors to enter their signatures, one list shall be posted up at the polling
station. Voting is done secretly as no other person is supposed to know the voters choice as
stipulated in the law, this is why elections are organized in a manner that guarantees confidentiality.

PART FOUR: PROVISIONS SPECIFIC TO THE VACANCY OF AND ELECTION TO THE

PRESIDENCY OF THE REPUBLIC.
As earlier said more light will be drawn on this as it is mostly referred to as ‘the heart beat of the
electoral code’ as it concerns the highest authority of the country as commonly said “the president
of the republic is is a big tree which hides the forest of the Cameroon political regime”. The
president of the republic of Cameroon is elected for a renewable term of office of seven years by
universal suffrage and by direct, equal and secret ballot. The single round ballot takes place no less
than twenty(20) days and no more than fifty(50) days before the expiry of the term of office of the
incumbent. In this part of the electoral code, provisions specific to vacancy and election to the
presidency of the republic, conditions of eligibility and incompatibility, proclamation of results,
oath taking and miscellaneous provisions are spell out, conditions for eligibility and
incompatibilities are detailed out in chapter two. Primarily, candidates for the office of president of
the republic must be in full possession of their civic and political rights and must be aged thirty
five(35) years and above by the date of election. Section 117 of the code indicates that, they shall be
Cameroonian citizens by birth and show proof of having resided in Cameroon for an uninterrupted
period of twelve months and having their names entered in the electoral register by the date of
election. The law however declares all persons who, by their own doing, have placed themselves in
a situation of dependence on or connivance with a foreign state, organization or power are not
eligible. The office of president of the republic shall be incompatible with any other public elective
office or professional activity. The law also indicates that any candidate wishing to stand for
presidential elections shall declare their candidature through a declaration bearing their
authenticated signature. Aspirant maybe nominated by a political party or be in an independent
candidate, an independent candidate is expected to put forward by at least three hundred(300)
dignitaries hailing from all regions, with 30 signatures from each region. As concerns electoral
disputes, candidates, political parties and other stakeholders to file petitions in case of electoral
disputes that must be ruled on before proclamation of presidential election results. As such, section
132(1) of the code states that “The constitutional council shall rule on all petitions filled by any
candidate, political party which took part in the election or any person serving as a representative of
the administration for the election, requesting the total or partial cancellation of the election
operation” section 133 specifies that petitions filled must reach the constitutional council within no
more than 72hours(three days) of the close of the poll. According to section 134 the constitutional
council may, without prior adversarial hearing, issue a reasoned decision to reject any petition it
considers inadmissible or to be based solely on objections which cannot influence the out come of
the election. What stakeholders in the electoral process should know is the fact that in conformity
with section 136 of the constitutional council relating to elections, election results and candidature
shall be final.
The proclamation of presidential election result in Cameroon is regulated by the electoral code in its
section 137 stating that “The constitutional council adopt and proclaim the results of the presidential
election within no more than 15 days of the close of polls” the code in section 138(1) provides that
where after the election, no candidate is declared president-elect of the republic, the incumbent shall
remain in office until a new president is elected and sworn-in. The president elect assumes office
once he/she takes the oath within no less than 15(fifteen)days of proclamation of the results by the
constitutional council, he takes an oath of office before the Cameroonian people in the presence of
members of parliament, the constitutional council and the supreme court meeting in solemn in the
manner and words prescribed in the said law( sec. 14(1),(2)). The electoral code provides that where
the presidency of the republic becomes vacant as a result of death, resignation or permanent
unavalaibility ascertained by the constitutional, the powers of the interim president of the republic
shall be exercised as of right until the election of a new president by the president of the senate.
Where the latter is unable to exercise the powers, they shall be exercised by the vice president
following the order of precedence in the senate.(sec. 142). for miscellaneous provisions the electoral
code in section 147 provides “(1) the deposit shall be refunded by the public treasury either to the
candidate who withdraws their candidacy prior to the printing of ballot papers upon presentation of
a receipt of payment of such deposit and a certificate of withdrawal of candidacy duly established
by the director general of elections or to the elected candidate who obtained at least 10 percent of
valid votes cast. In such case, the deposit shall be refunded upon presentation of a certificate of
valid vote cast, issued by the constitutional council and having the value of payment order or (2) in
case other than those specified above, the deposit shall remain in the treasury.

PART FIVE: PROVISIONS SPECIFIC TO THE ELECTION OF MEMBERS OF PARLIAMENT.

Members of parliament shall be elected for a term of five years by direct universal suffrage and
secret ballot, eligible for re-election. All the seats in the national assembly shall be renewed every
five years, elections being held not latter than forty days to expiry of term of office of members of
parliament, the new term commences on the day of the session held as of right following elections.
The type of electoral system practiced is the list system where there are many seats to be won in the
constituency. The candidates present themselves in a list base on their political party, here the
elector votes not for a single candidate but for a group of candidates and what operates is a
restricted/closed list system in which the elector chooses a particular lust and has no freedom to
modify it, he cannot change the other of the candidates(see sec. 151(1)). As provided “Any
Cameroonian citizen who enjoys the right to vote and is entered on electoral register, aged 23 years
at the date of the election and can read and write English and French can be nominated as a
candidate for elections to the national assembly (sec. 156)”. this becomes incompatible with the
office of senator, mayor, government delegate, city council, president of a regional council and any
other non-elective public office and with the duties of president of a consular chamber, board chair
person or with the status of wage owner in a public establishment or public and semi-public
enterprise. Nomination of candidates is done as prescribed by the law. The constitutional council
assures the regularity and proclamation of results. For cases of disputes the previous provisions
section 132 to 136 handles this.

PART SIX: PROVISIONS SPECIFIC TO THE ELECTION OF MUNICIPAL COUNCILORS.

This part provides law relating to the election of municipal councilors. Municipal councilors are
elected for a term of 5 years by universal suffrage, direct and secret renewable with elections taking
place 20 days before the expiry of the term of office of municipal councilors with term of office
commencing on the day of the first session held as of right following proclamation of results section
169 provides it. Qualification and incompatibilities are same with that of members of parliament.
For vote counting a council supervisory commission is set up in each council, composed of a; a
chairperson-personality appointed by Director General of elections and members- 3 representatives
of the administration appointed by the senior divisional officer, 1 representative of each political
party taking part in the polls and 3 representatives of election Cameroon appointed by the director
general of elections. For electoral disputes in municipal elections, petitions are filled to a competent
administrative court within 5 days following proclamation of results by the council supervisory
commission. Deposits shall be returned to candidates following the law. Otherwise retained by the
public treasury.
PART SEVEN: PROVISIONS SPECIFIC TO REFERENDUMS

The president after consultation with the president of the constitutional council, the president of the
national assembly and the president of the senate submits to a referendum any reform bill which
although normally reserved to the legislative power, could have profound repercussions on the
nation and national institutions. This therefore applies to bill to organize public authorities or to
amend the constitution, bill to ratify international agreement and certain reform laws relating to
persons and property(sec.197). The bill shall be appended by decree to govern electors and widely
disseminated, the can only be adopted by a majority of votes cast on a YES or NO. For referendum
campaigns the same provisions relating to campaign to the office of president applies here and those
who take part in referendum campaigns are political parties represented in the legislative and
political parties who obtained at least 5% votes during the last election of the senate or members of
parliament. The constitutional council shall ensure the regularity of referendum and proclaim within
fifteen days following the date of closing of polls.

PART EIGHT: PROVISIONS RELATING TO THE ELECTION OF SENATORS

The provisions of law n0 91/20 of 16 December 1991 to lay down conditions for the election of
members of the national assembly as amended by law n0 97/13 of 19 March 1997 shall be
applicable ‘mutatis mutandis’(the necessary changes) for the election of senators subject to those
specific to the law. Each senate is represented in the senate by 10 senators, 7 elected by indirect
universal suffrage and 3 appointed by the president of the republic to serve a term of 5years
renewable. For polling each regions make up a constituency, the electoral system practiced here is a
mixed single system comprising a majority system in which the candidate with the highest number
of votes is declared the winner of elections “first pass the polls” or “winner takes it all”. And a
proportionate representative system, this generally refers to a class of voting system that attempts to
make the percentage of seats awarded to candidates to reflect as closely as possible the percentage
of votes obtained in the election. For this election candidates most be at least 40years of age by the
date of the election, the provisions on section 156 to 163 applies to incompatibility to this election.
Unlike other elections where almost every body partakes in voting here is done by an electoral
college comprising regional and municipal councilors where voting are conducted in the
headquarters of each division, the electoral college shall be convened by the president of the
republic at least 45 days before the date of the poll in accordance with the provisions of section 86,
the nomination of candidates is conducted following sections 164 and 167 of this law, section 87
and 95 applies to this for campaigns. Votes counting is done by a commission setup for this made of
a chair person who is a magistrate of the court of appeal, designated by the president of the court of
appeal and members who are same as that in the provisions of elections to member of parliament.
The constitutional council ensures the regularity of senatorial elections and proclaims the result.

PART NINE: PROVISIONS RELATING TO THE ELECTION OF REGIONAL COUNCILORS.

Just as the other elections, election of regional councilors is done by indirect universal suffrage,
representatives of traditional rulers elected by their peers for a term of 5years eligible for re-election
election held not later than 20days to the expiry of the term of office of regional councilors relating
on the various sociological components of the region and gender aspects. For the election only
person residing in the region concerned, administrative heads or assistant may not stand for this
election. Voting shall be conducted in the headquarters of each division determined by the
Directorate General of Elections conducted in accordance with the provisions of sections 96 to 115.
Any regional councilor found to be in any position of incompatibility stipulated in section 253(1)
and (2) is bound to within no more than 1 month to opt for his elective office of for his current
office by informing the state representative in his region of his through written means. If not he
shall be automatically declared to have resigned.

PART TEN: PROVISIONS SPECIFIC TO VOTING BY CAMEROONIAN CITIZENS SETTLED

OR RESIDING ABROAD.

Cameroonian citizens settled or residing abroad can have being given the possibility to exercise
their right to vote through their participation in the presidential elections and in referendums, they
are entered in electoral register opened at diplomatic representation or consular posts in their
country of resident. Citizens abroad can only take part in presidential election and referendums as
provided by the law as for the other elections they are not eligible to take part(sec.271). In view of
this a commission charged the drawing up and revision of registers of electors, commission charged
with the issuance and distribution of voter cards and a local polling commission are set up. The
code provides that specific rules applicable to preparatory activities for the election of president of
the republic and referendums, the organization and supervision of elections and referendums,
polling and the counting of their votes shall be laid down by regulations.

PART ELEVEN: PROVISIONS SPECIFIC TO THE PUBLIC FUNDING OF POLITICAL

PARTIES AND ELECTION AND REFERENDUM CAMPAIGNS.

As provided by the law political parties and groups helps in the electorate in the making of voting
decisions. Political parties are funded by contributions from;
 parties members and other individuals
 organizations which share their political ideas or who stand to benefit from their activities.
 Public or government funding.
 Foreign aid by international donors usually to promote democracy and good governance
especially in developing countries.
The electoral code provides that political parties or groups may receive public funding in the
context of their mission. This funding shall concern both their routine activities and activities
related to elections and referendum campaigns. Such funds shall be public funds and and shall not
be used for personal enrichment, it is strictly forbidden for political parties or findings from foreign
persons, organizations or state. Also the funding of political parties by private nationals is strictly
regulated by law. Public funds earmarked for the funding of election campaign for presidential
elections is divided in two parts to candidates, a first part, after publication of the list of political
parties authorized to take part in referendum campaigns, paid to the various political parties
proportionately to their results at the last election of member of parliament and/or senators, the
second part, after the proclamation of results, paid proportionately to the results of each party
concerned in the last election of members of parliament and/or senators.

PART TWELVE: PENAL MISCELLANEOUS AND FINAL DISPOSITIONS

Section 122-1,3 of the Penal Code provides penal provisions of electoral and campaign operations.
Any person who enters the polling station with a visible weapon shall be punished with a fine of
25000frs which may extend to 500000 if the weapon is hidden and an imprisonment of from 10
days to 2 months or 4 months if the weapon is hidden.
The code provides miscellaneous provisions of the law on elections and campaign operation in
sections 294 to 2(1) The provisions of this law shall repeal and replace those of:
- Law No. 91/20 of 16 December 1991 to lay down conditions governing the election of Members
of Parliament, as amended and supplemented by Law No. 97/13 of 19 march 1997 and Law No.
2006/9 of 29 December 2006 ;
- Law No. 92/2 of 14 August 1992 to lay down conditions for the election of municipal councillors,
as amended by Law No. 95/24 of 11 December 1995 and Law No. 2006/10 of 26 December 2006 ;
- Law No. 92/10 of 17 September 1992 to lay down conditions governing the vacancy of and
election to the Presidency of the Republic, as amended and supplemented by Law No. 97/20 of 9
September 1997 and Law No. 2011/002 of 6 May 2011 97.
Law No. 97/6 of 10 January 1997 to determine the period for the revision and recompilation of
registers of electors;
- Law No. 2000/15 of 19 December 2000 relating to the funding of political parties and election
campaigns;
- Law No. 2006/4 of 14 July 2006 to lay the down conditions governing the election of regional
councillors;
- Law No. 2006/5 of 14 July 2006 to lay down conditions governing the election of Senators;
- Law No. 2010/3 of 13 April 2010 to lay down the referendum procedure ;
- Law No. 2006/11 of 29 December 2006 to set up and lay down the organization and functioning of
Elections Cameroon (ELECAM), as amended and supplemented by Law No. 2008/5 of 29 June
2008, Law No. 2010/5 of 13 April 2010 and Law No. 2011/1 of 6 May 2011 ;
- Law No. 2011/13 of 13 July 2011 relating to voting by Cameroonian citizens settled or residing
abroad

TWO: STRENGTHS AND LOOPHOLES OF THE CAMEROON ELECTORAL CODE

A-STRENGTHS

The 2012 law codifies or puts in a single document all the legal provisions relating to electoral
issues in Cameroon. Its principal merit is that it presents a conference and easy to consult body of
rules on all electoral issues in Cameroon this making it easy for the citizens as well as judges called
upon to settle the electoral disputes to understand the rules.

Among the innovations of this law is the fact that it makes a clear delimitation of competences
between the two main organs of ELECAM. Another of its innovation is the introduction of the bio
metric voter registration, sec 84 of the law provides that “every elector whose name has being
entered into an electoral register shall be issued a bio metric voters card, which shall bear their full
names, date of birth and place of birth, parentage, photograph, finger print, domicile or resident,
occupation. This helps to better identify voters and avoid double registration.

The 2006 law creating ELECAM contained ambiguity which led to conflict of competence and
hierarchy between the Electoral Board and the General Directorate of elections, the electoral code
has however resolved these conflict to the benefit of the board, with the Directorate General acting
in every respect under its authority and submitting reports, the electoral code specifically provides
that ELECAM shall be under the authority of the Electoral Board. It also adds that the board shall
ensure the smooth functioning of ELECAM.

B: LOOPHOLES OF THE CAMEROON ELECTORAL CODE.

Just as any other code in Cameroon, the electoral code faces challenges as it receives criticisms
from political minds and law advocates.
The electoral code came out badly condemned as there is no mention of two round presidential
mandates, no mention of a single ballot, no stipulation on the immediate delivery of voters cards
after registration, no mention of bringing the voting age down from 20 to 18 years old which is the
legal age for adulthood in Cameroon, nor mention of gender parity on candidates lists.

The electoral code ignores most, if not all, the democratic aspirations and wishes of the electorate as
it does not contain elements fundamental to moving Cameroon’s democracy forward as the
parliament increased the deposit fee for prospective parliamentarians. Parliamentary candidates
deposit a fee six time what they during the last elections as each parliamentarian is to pay a deposit
of three million, in a country where about 50% of the people have a per annum income of 250000frs
or less. Any party which wishes to present candidates for all 180 seats will have to mobilize 540
million just for deposits. Same goes to municipal councilors whose deposits has been doubled to
50000

In addition, most farmers, traders, commercial, motorcyclists(bendskin) and even a large proportion
of civil servants have no choice of ever running for local government at this rates. Certainly, living
with disabilities, women and youths have been effectively eliminated from the political arena.

CONCLUSION
In conclusion, the law no. 2012/001 of April relating to the Electoral Code has been of great
importance to Cameroon as one will be able to find all the laws concerning the elections in one
document. People who have been going around carrying many documents, have one document to
carry now. Though its being criticized of not bringing the voting age down from 20 to 18 and not
adopting a two round voting system. However we can say the electoral has come to strengthen
Cameroon’s democracy and good governance and it should be given some credits as years unfolds it
may be better.