CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background to the Study

The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by equivalent free voting procedures  An election can be defined as the exercise of a choice; especially, the act of choosing from several possible rights or remedies in a way that precludes the use of other rights or remedies or it is the process of selecting a person to occupy an office (usually a public office), membership, award, or other title or status.

When Cameroon acceded to independence in the early 1960s the country had a form of multiparty democracy that allowed for the existence of political parties, which took part in elections to choose members of state assemblies and of a federal parliament through universal suffrage. But this situation did not last for long.

The right to participate freely in the government of one’s country is recognized and protected in many international human rights instruments. These include the African Charter on Human and Peoples’ Rights (ACHPR) , the International Covenant on Civil and Political Rights (ICCPR), the European Convention for the Protection of Human Rights and Fundamental Freedoms and the American Convention on Human Rights (ACHR).

his right has generally been understood to include among others things, the right to vote and be voted through an election process that is free, fair transparent and convincing. The free expression of the will of the people by a secret and equal vote, through a universal, transparent and participatory election process is considered the cornerstone of an inclusive and sustainable democracy. The right to vote and be voted can however be constrained in a myriad of ways by unscrupulous, power-hungry and irresponsible governments for selfish political ends. Governments in many self-declared democracies around the world today, have highly manipulative tendencies, which render the electoral process a façade and democracy, largely meaningless.

Many elections in flawed democracies8 are characterized by vote rigging, irregularities in the observance of electoral laws, abuse of the electioneering process and violence targeted at opposition political parties. This state of affairs has been attributed among others, to the absence of credible electoral institutions. This situation has led to very unpleasant results in many instances especially in Africa resulting in violence and unrest.

Election Management Bodies (as they are generally referred to) are pivotal institutions at the heart of the electoral process for three main reasons. First, they have an enabling function in that they establish the practical framework in which credible elections can take place. Secondly, they have a supervisory function in that they monitor the activities of other actors in the electoral process and identify and remedy malpractices. Lastly, they have an education and communication function by carrying out civic education on the electoral process.

An election management body (EMB) that is independent, impartial, professional and transparent and enjoys the trust of the people can play a crucial role in ensuring the credibility of an election and enhancing public and political confidence in it. Alive to this reality, governments have been urged in numerous international fora to create independent, all-inclusive, competent and accountable electoral institutions manned by well-trained staff and equipped with adequate logistics to oversee the election process.

Since the re-introduction of multi-party politics in Cameroon in 1990, several presidential, parliamentary and municipal elections have been held. The outcome of all these elections have been hotly contested with most stake holders labeling them as seriously flawed and failing to reflect the will of the people.

Renowned international bodies involved in election observation such as the Commonwealth, the National Democratic Institute for International Affairs and the International Foundation for Election Systems have observed elections in Cameroon and their reports have all been dismissive of the process as a façade . This state of affairs has largely been blamed on the lack of a credible and independent elections management body, given the fact that elections in Cameroon have hitherto been managed by institutions that are not trusted by most stakeholders.

Before 2001, the Ministry of Territorial Adminitration and Decentralisation (MINADT) exclusively managed elections in Cameroon. Due to the fact that the MINADT was highly biased and manipulated election results in favor of the ruling party, the National Elections Observatory (NEO) was created to remedy this problem  However, NEO’s mandate did not permit it to take an active part in the election management process .

It was limited to supervising and controlling elections while the actual organization of the elections remained with the much-criticized MINADT. NEO’s role in the organization of elections in Cameroon since 2002 has been heavily criticized as ineffective and biased. There has therefore been a gradual and dangerous institutionalization of autocratic rule in Cameroon masked in democratic garments, thanks to flawed elections occasioned by poor management.

Due to intense pressure from opposition political parties, civil society and the international community, the Cameroon government in 2006 created Elections Cameroon (ELECAM) as the sole body responsible for managing the entire election process .

However, the body was only officially made functional in January 2010 with the signing and transfer of all electoral documents to ELECAM from MINADT. The creation of ELECAM and the impending challenge of it having to manage presidential elections in Cameroon have raised a lot of debate as to whether it can, given its mandate, institutional and legislative framework, meet this challenge and ensure a credible ballot. It is within this context that this work situates itself, and seeks to examine whether this structure is fully empowered in terms of its independence, non-partisanship and professional capacity to credibly manage an entire election process.

1.2 Statement Problem

Election management is a very complex activity and requires specialist skills for an effective management of the electoral process. This makes the establishment of specialized institutions responsible for election management very necessary.

Many of such institutions exist around the world in various forms, shapes and sizes and are variously referred to as ‘Election Commission”, Department of Elections”, Electoral Council, Electoral Unity or ‘Electoral Board’. ELECAM has organized two presidential elections; 2011 presidential election and 2018 presidential election whose results are still contested by Maurice Kamto, chairman of the Cameroon Renaissance Movement (MRC) and two Senatorial elections (2013 and 2018), and two municipal elections is the 2013 and 2019 legislative elections.

The problem with all these elections organized by ELECAM is that they are believed to be marred by irregularities and serious vote-rigging. This is because elections in Cameroon have lost their relevance as a weapon in the hands of the people to hold their government accountable and as a vehicle for democratization. Instead, elections have been used to stall the democratization process and perpetuate the stay of leaders in power even against the will of the people. It is against this background that this research project examines the independence of electoral bodies in Cameroon.

1.3 Research Questions

The integrity of the management of an election process is one of the most crucial factors that determine its overall legitimacy and acceptability). The main questions that this work seeks to answer are the following:

1.3.1 Main Research Question

How has corruption influenced the independence of electoral bodies in Cameroon?

1.3.2 Specific Research Questions

1. What are the various electoral bodies in Cameroon?
2. What is ELECAM and Election Managment Bodies?
3. How has electoral corruption influenced the independence of elections in Cameroon?
4. What are the other problems and challenges faced by ELECAM and other electoral bodies in managing elections in Cameroon?
5. How can these challenges be improved upon to enhance its credibility and performance?

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