The contested legal provisions of Cameroonian electoral law

By Aboudi Vanessa

As Cameroon prepares to experience an intense electoral year in 2025, marked by legislative and municipal elections, the extension of the mandate of deputies has disrupted the initial calendar ( 1 ). Although this decision has a legal basis in laws and the Constitution in force, it has not failed to elicit contrasting reactions. While the government cites financial and logistical constraints to justify the postponement (2), civil society and opposition parties see it more as a political maneuver aimed at hindering the democratic process (3). Indeed, voices are being raised to denounce an electoral system tainted by partiality and a lack of transparency, where the rules seem to tilt in favor of the party in power. This apprehension towards the electoral process is not new, and the extension of current mandates only accentuates it. If the electoral legal framework is not intrinsically faulty, it is its application and the suspicions of its exploitation for political purposes which give rise to the current controversies. Faced with this observation, this reflection sets out to analyze certain provisions of the legal framework for elections which are contested by opposition parties and civil society in Cameroon. The aim is to identify the flaws and propose concrete solutions to guarantee free, transparent and fair elections, essential conditions for a peaceful and inclusive democracy. Firstly, we will analyze the constitutional and legislative provisions that are subject to political interpretation, and their consequences for the conduct of elections (I). Secondly, we will explore solutions likely to guarantee the organization of free, transparent and fair elections in Cameroon (II).

Cameroonian electoral law under the critical gaze of the opposition and civil society in Cameroon

If there are several constitutional provisions which govern elections in Cameroon, only a few are, during the various elections , the subject of criticism from certain Cameroonian political actors. For example, Article 15 of the Cameroonian Constitution clearly provides for the extension of the mandate of deputies. Paragraph 4 of this Article provides that “ in case of serious crisis or where circumstances so warrant, the President of the Republic may, after consultation with the President of the Constitutional Council and the Offices of the National Assembly and the Senate, request the National Assembly to decide, by law, to extend or abridge its term of office... ” ( 4 ). The use of this provision is always contested each time it takes place. Although the power in place cites reasons such as the need to shorten the electoral calendar or the insufficiency of financial and human resources. ( 5 ) , the opposition sees it more as an attempt to exclude certain political parties. In the case of the recent extension of the mandates of deputies, the opposition denounces for example a maneuver aimed at excluding the Movement for the Renaissance of Cameroon (MRC), the main opposition party, which has no representative in the National Assembly. This exclusion would be motivated by the requirements of the electoral law which conditions access to the presidential election on nomination by a party with elected representatives ( 6 ) .

Another constitutional provision which governs elections and whose application is often the subject of controversy, is Section 48, which provides in paragraph 1 that: ” the Constitutional Council ensures the regularity of  presidential and parliamentary elections, as well as referendum operations ”. Although this provision establishes the judicial control of elections to the detriment of political control ( 7 ), it nevertheless raises questions about the independence and effectiveness of the Constitutional Council. Indeed, Article 51 of the Cameroonian Constitution provides that the members of this council are appointed by the President of the Republic. Consequently, other political actors generally question the independence of this body in the context of electoral disputes, believing that its decisions are tainted by the influence of the ruling party. Furthermore, the decisions of the Constitutional Council are not subject to any appeal (Section 50 of the Constitution of 18 January 1996); which makes it impossible for any appeal filed by the applicants to succeed. For example, during the post-electoral dispute of the presidential elections of 7 October 2018, the appeals of the leaders of the opposition parties, the MRC and the Social Democratic Front, were rejected by the Constitutional Council on October 18 of the same year. ( 8 ).

Beyond the Constitution, certain provisions of Law No. 2012/001 of 19 April 2012 on the electoral code are the subject of recurring challenges from opposition political actors and certain civil society organizations, who have been calling for a reform of this text for several years ( 9 , 10 ). The differences relate firstly to the amount of electoral guarantees set by the electoral code at 1 million FCFA for legislative elections and 50,000 FCFA for municipal elections (Articles 166 and 183). The opposition considers these sums excessive and pleads for their reduction to 500,000 FCFA and 25,000 FCFA respectively, in order to facilitate access to the candidacy and guarantee competitiveness. Secondly, the opposition is seeking a change in the terms of appointment of members of the body in charge of elections, Elections Cameroon . This is in fact placed under the authority of the Electoral Council, which includes eighteen members (including the President and the Vice-President) all appointed by presidential decree (Article 12 of the Electoral Code). Consequently, all actions carried out by ELECAM to organize the elections, create polling stations and count the votes are ipso facto considered by the opposition as biased.

Finally, the opposition and civil society are calling for an extension of the duration of campaigns, which is from fifteen days in the Electoral Code (Article 82) to thirty days, to allow them to cover the entire territory. In fact, the opposition parties have difficulty covering fifty-eight departments in such a short time as the ruling party does not consider this campaign delay as an obstacle to its dynamics.

Thus perceived, the Cameroonian electoral legal framework, as it is designed and applied, presents for the Cameroonian opposition systematic biases which favor the maintenance in power of the party in place. It is therefore necessary to analyze reform options and propose lasting solutions likely to satisfy all stakeholders involved in the electoral process.

Solutions for an electoral legal framework conducive to true democracy in Cameroon

 The legal framework for elections in Cameroon is mainly based on the Constitution and the Electoral Code of 2012. However, certain provisions of these standards are often interpreted in such a way as to limit the chances of the opposition. However, in any democracy, elections offer citizens at regular intervals the opportunity to choose their representatives ( 11 ).

It is necessary to make both institutional and behavioral changes. In this sense, if the profound reform of the Electoral Code as well as the revision of the Constitution demanded by the opposition and civil society remain the main way forward, we must however go beyond just institutional change in a context where the separation of powers is struggling to materialize. It is therefore urgent to make magistrates aware of strict respect for the ethics of their profession, namely responsibility and neutrality, to guarantee their independence and put an end to any form of partiality linked to political loyalties. The Constitutional Council of Senegal offered a remarkable example in this sense, by invalidating the postponement of the presidential election unexpectedly announced by President Macky Sall on February 25, 2024 ( 12 ) despite the fact that its members are appointed by presidential decree.

As for the Electoral Council in Cameroon, it is necessary to reform the method of designating its members, in view of the famous formula according to which “ we do not organize elections to lose them ” ( 13 ). Indeed, in almost all African states, the creation of autonomous electoral commissions (CENA) as an independent administrative authority and body with real autonomy from the government ( 14 ) is a failure. To guarantee the impartiality of electoral commissions, it is crucial to rethink the method of appointing their members. In Cameroon, for example, the eighteen members of the Electoral Council could, like the members of the independent electoral commissions, be designated in various ways such as nomination by the executive and the political parties sitting on the board. National Assembly, in proportion to their political weight and civil society.

Furthermore, it is imperative to guarantee fair electoral competition in Cameroon. If the opposition calls for a reform of the electoral calendar, this request should be nuanced. Indeed, opposition political actors should be permanently active on the ground to anchor their project in the reality of citizens and therefore, their request for prolonging days for campaign is not relevant.

Finally, the question of electoral guarantees is worth considering in light of the multiple complaints relating to it, during the national elections. Indeed, the exorbitant amount of one million FCFA constitutes a real barrier for many new potential candidates, thus limiting political plurality. By reducing this amount, we would open the competition to a wider range of candidates, thus encouraging the emergence of new political forces and strengthening the representativeness of institutions and different sociological components (notably women and young people). Thus, by facilitating access to electoral competition, we encourage citizens to base their choice on concrete political programs and credible propositions, rather than on superficial criteria such as ethnicity or the distribution of low-cost material goods. This would help to fight against practices which too often plague Cameroonian political life and to strengthen citizens’ confidence in the democratic process. Finally, the legal framework for elections in Cameroon must be known to all citizens to guarantee informed participation, strengthen democracy and reduce the risk of conflict.

Conclusion

In conclusion, the legal framework for elections in Cameroon, although having evolved over the years, remains a multifaceted tool. It is both a vector of democracy, guaranteeing the expression of popular will, and an instrument of manipulation, when the rules are vague, the procedures opaque and the institutions weak. For Cameroonian elections to be less contested , it is imperative to pursue in-depth reforms, by strengthening the independence of the Constitutional Council, by strengthening the transparency of the electoral process and by promoting more active citizen participation in electoral processes.