Full Text of Bill Amending Elections Cameroon (ELECAM)

Early this week, Cameroon's National Assembly was convened for an extraordinary session to review three government bills, two of which deal with the management of elections in Cameroon.

The first of these two bills amends key provisions in the 2006 law governing Elections Cameroon (ELECAM), most notably, ELECAM no longer has the authority to "publish presidential, legislative and senatorial election trends," this is now the job of the constitutional council.

The second election-related bills modifies certain provisions of Law N°92/010 of 17 September 1992 which lays down the conditions for n electing and filling the vacancy of the office of the President of the Republic.

Here is the full text of the amendments to the law governing ELECAM, the institution responsible for organizing elections in Cameroon, along with the government of Cameroon's rationale for these amendments. 

BILL W° 884/PJL/AN to amend and supplement certain provisions of Law N° 2006/11 of 29 December 2006 to set up and lay down the organization and functioning of Elections Cameroon (ELECAM)

EXPLANATORY STATEMENT
Bill to amend and supplement certain provisions of Law No. 2006711 of 29 December 2006 to set up and lay down the organization and functioning of Elections Cameroon (ELECAM)

So far. Elections Cameroon's regular and effective activities as well the operationalization of its regional branches have helped gauge the relevance and need to adapt certain provisions of the law in force with a view to improving the functioning of this independent body.

Thus, in a political environment marked by the effective transfer of competence in the organization and management of the electoral process between the Ministry of Territorial Administration and Decentralization (MINADT) and the National Elections Observatory (NEO) on the one hand, and Elections Cameroon (ELECAM) on the other hand, a certain political tendency has focused on the composition of the Electoral Board and its socio¬political representativeness.

 This bill therefore seeks to amend and supplement certain provisions of Sections 6, 8 and 22 of Law No. 2006/11 of 29 December 2006, through the following main innovations:

• in the third dash of Section 6 (new) (2), the provision "publish presidential, legislative and senatorial election trends", has been deleted to reserve the right to publish results exclusively to the Constitutional Council, in strict compliance with Article 48 (1) of the Constitution which stipulates that "The Constitutional Council shall, ensure the regularity of presidential elections, parliamentary elections and referendum operations. It shall proclaim the results thereof".
•  Similarly, to guarantee greater legal security of the proclamation of election results, the phrase in the last dash of Section 22 (new) (I) "publication of election trends" has been deleted.
•  Section 8 (new) (1) of this bill seeks to expand the Electoral Board from twelve (12) to eighteen (18) members to better accommodate our country's socio-political dispensations. The other subsections remain unchanged.

 This bill is in line with Government's constant concern to assert the exalting mission entrusted to ELECAM with regard to the management of Cameroon's electoral process and to preserve public confidence in the law.

 Such is the purport of this bill tabled before the National Assembly for consideration./-

 SECTION 1.- The provisions of Sections 6, 8 and 22 of Law No. 2006/11 of 29 December 2006 to set up and lay down the organization and functioning of Elections Cameroon (ELECAM) are amended and supplemented as follows:

 "SECTION 6 (new).- (1) The Electoral Board shall ensure compliance with the electoral law of all stakeholders for the purpose of guaranteeing regular, impartial, free, fair, transparent and credible polls.

 (2) In this respect, the Electoral Board shall:

•  effect scrutinies and controls as may be appropriate during election and non-election years;
•  scrutinize candidacies and publish the final list or lists of candidates contesting presidential, legislative, senatorial, regional and municipal elections;
• forward election reports to the Constitutional Council or bodies provided for by the law;
•  ensure the timely publication and notification of the list of members of polling stations to the appropriate persons outlined in the electoral law, notably representatives of lists of candidates or candidates;
• control the preparation of election material and election documents within the deadlines fixed by law;
• examine claims and petitions regarding pre-election and election operations, subject to the jurisdiction of the Constitutional Council and appropriate courts or administrative services;
• order the correction of errors ascertained upon consideration of claims or petitions filed in respect of elections or referendums.

 SECTION 8 (new).- (1) The Electoral Board shall comprise eighteen (18) members, including a Chairperson and one (1) Vice-Chairperson.
 (2) Members of the Electoral Board shall be designated from the midst of independent personalities of Cameroonian nationality, reputed for their stature, moral uprightness, intellectual honesty, patriotism, neutrality and impartiality.
 (3)  The Chairperson, Vice-Chairperson and Members of the Electoral Board shall be appointed by decree of the President of the Republic upon consultation with political parties represented in the National Assembly and civil society.
 (4) The Chairperson and Vice-Chairperson of Flections Cameroon shall be the Chairperson and Vice-Chairperson of the Electoral Board.
 (5)  The mandate of members of the Electoral Board shall be four (4) years, renewable as appropriate.
 (6)  Before taking office, members of the Electoral Board shall take the following oath before the Constitutional Council: '7 swear to fully and faithfully discharge my duties and to exercise my office without fear or favour in accordance with the Constitution and laws in force, to ensure the confidentiality of proceedings and votes, to abstain from taking public positions and to decline any consultation on matters falling under the purview of Elections Cameroon".
 (7) They shall be bound to declare their property and assets.

 SECTION 22 (new).- (1) The Director General of Elections shall be responsible for all election operations and referendums under the supervision and control of the Electoral Board, such as:

•  drawing up, managing, updating and keeping the national voters' register as well as election documents and materials;
• procuring and distributing election material and documents;
• drawing up and publishing voters' lists;
• issuing and distributing voters' cards;
• organizing and supervising the training of electoral personnel;
• preparing the annual draft budget of Elections Cameroon and draft elections budgets;
• implementing the budget of Elections Cameroon and elections budget;
• managing sundry resources and equipment put at his disposal;
• receiving and submitting to the Electoral Board candidacies for presidential, legislative, senatorial, regional and municipal elections;
• distributing, within the statutory time-limit, samples of ballot papers to candidacies or political parties contesting the elections in view of campaigning;
• coordinating the work of observers accredited by the appropriate national authorities;
• organizing polling stations and appointing officers to the said polling stations;
• reporting to the relevant authorities any threats to public order in the polling stations;
• coordinating all bodies responsible for election operations;
• transporting election reports and other documents from polling stations to the head office of Elections Cameroon;
• forwarding election reports to the Electoral Board.

 (2)  In this respect, the Director General shall be vested with all powers necessary for the performance of his duties.
 (3)  He shall submit a progress report to the Electoral Board at least once every six months. 
(4)  After every election, the Director General of Elections shall be responsible for centralizing and keeping all election documents and materials. He shall draw up the final report on the conduct of the poll."

 SECTION 2.- This law shall be registered, published according to the procedure of urgency and inserted in the Official Gazette in English and French./

Comments

[DR. PETER VAKUNTA]

Interestingly, ELECAM has turned out to be a gigantic sham. Given its constitution, it is not impartial enough to conduct free and fair elections in Cameroon. Truth be told, ELECAM is a masked organ of the CPDM, a tool in the hands of Mr. Paul Biya and his party lieutenants. A major criticism of the ELECAM is that in violation of the law governing the body, Biya has appointed to ELECAM militants of his CPDM party; a party ridden with stories of corruption, influence peddling and misappropriation of public funds into the board.
Dr. Vakunta