ABSTRACT

This dissertation sheds light on the representation within Cameroon’s electoral law, aiming to unravel how the law navigates the multi-faceted sociopolitical landscape of Cameroon. Despite the law’s extensive provisions, certain loopholes undermine the establishment of a truly inclusive political arena. The study examines the conceptual frameworks of representation, revealing how different models of representation are perceived and manifested in Cameroon’s electoral law. The study adopts a qualitative research methodology with doctrinal and comparative research methods. The dissertation delves into the legal and institutional frameworks orchestrating representation in the nation’s electoral processes, emphasizing Cameroon’s adherence to international democratic standards as evidenced by its commitment to various international treaties and accords. However, the study finds that the existing electoral law does not sufficiently mirror the nation’s rich sociocultural diversity, particularly concerning the representation of ethnic and minority groups. The entrenched practice of political patronage, concentration of power, and the marginalization of opposition parties pose significant challenges to achieving a more sociologically representative political structure. Despite the legal frameworks in place, the findings underline a substantial disparity between the law’s theoretical underpinnings and the on-ground realities of political representation in Cameroon, necessitating a thorough re-evaluation and potential reform of the electoral law to foster a more inclusive and equitable political milieu.

CHAPTER ONE

       GENERAL INTRODUCTION

1.1 BACKGROUND TO THE STUDY

 Representation is a fundamental pillar of any democratic system, serving as the conduit through which citizens’ voices and interests are translated into government policies and decisions. Electoral law, which governs the processes of electing representatives, lies at the heart of this democratic construct. In the context of Cameroon, a nation with a complex political history and a rich tapestry of sociological diversity, the extent to which electoral law promotes sociological representation is a matter of paramount importance. This thesis embarks on an exploration of the intricate relationship between electoral law and sociological representation within the framework of Cameroon’s evolving political landscape. Beyond its constitutional and legal dimensions, representation in Cameroon embodies multifaceted elements, including gender, ethnicity, culture, and regional identities. To comprehensively analyze this relationship, it is imperative to contextualize the historical journey of Cameroon, a nation divided into four distinct periods, each with its unique imprint on the nation’s political fabric.[1]

The colonial era (1884-1945) stands as the foundational period of modern Cameroon’s political history. During this phase, the nation was subjected to the dominion of European colonial powers, with Germany, France, and later the United Kingdom holding sway[2]. In this period, Cameroon lacked representative institutions, and governance was characterized by autocracy and exploitation. The indigenous population had limited political voice and agency, setting the stage for the subsequent struggle for democratic rights.

The years spanning from 1945 to 1960 marked a pivotal phase in Cameroon’s political journey, during which Cameroonians began to acquaint themselves with democratic principles. The aftermath of World War II ushered in winds of change as colonial powers, responding to global shifts, granted limited political representation to Cameroonians. This period witnessed the emergence of political movements advocating for greater self-determination and increased political participation among the populace.

January 1, 1960, stands as a seminal moment in Cameroon’s history when French Cameroon declared its independence, becoming the Republic of Cameroon. In 1961, West Cameroon and East Cameroon united to form a federal structure, designed to accommodate the nation’s regional diversity. However, this federal experiment was relatively short-lived, as it was abolished in 1972 during what President Ahmadou Ahidjo termed the “Peaceful Revolution,” leading to the centralization of power at the national level.

The fourth and contemporary period in Cameroon’s political history began with the abolishment of the federal structure in 1972, establishing a unitary system. The Cameroon People’s Democratic Movement (CPDM), under the leadership of President Paul Biya, has since maintained its dominance, resulting in limited political pluralism. Challenges related to sociological representation have endured, encompassing gender disparities, ethnic diversity, cultural dynamics, and regional imbalances.

The Black’s Law dictionary defines the term “election” as the exercise of a choice, the process of selecting a person to occupy an office (usually a public office).[3] In Cameroon, key representatives of the governing elite including the Head of state have been shuttling around the state apparatus since independence in the 1960s. However, the longevity of the Biya regime in power cannot be attributed to democratic credentials; rather it is linked to the ability to effectively subvert electoral rules.

In fact, the present electoral system is skewed in favour of the governing CPDM party which very often enters the electoral arena as strong contenders with very high chances of emerging victorious. The CPDM party has been winning elections with a significant majority since 1990. Reasons for these continuous winning is due to factors such as popularity, campaign strategies, or bias in the electoral system This is due largely to what many observers have described as “electoral hold-up”, specifically because the electoral timetable in Cameroon is the sole prerogative of the President who is often referred to by state media as the “sole master of the electoral calendar”.[4]

According to Roger Gibbins, election is the formal process of selecting a person for public office or of accepting or rejecting a political proposition by voting.[5] Elections management in Cameroon is placed under Elections Cameroon (ELECAM) which is an independent body whose head quarter is in Yaoundé. ELECAM conducts elections with the help of other bodies or institutions which assist ELECAM in performing its tasks. ELECAM is an independent electoral body with an independent board known as the Electoral Board (EB) and an executive department known as the General Directorate of Elections (GDE).[6]

Cameroon’s sociological diversity is a defining characteristic. With over 250 distinct ethnic groups, the nation’s mosaic of cultural heritage and identities is both rich and complex. This diversity presents a unique set of opportunities and challenges for representation in the political sphere. Historically, political power often gravitated towards specific ethnic groups, leading to disparities in political participation and representation. The legacies of colonial policies, regional imbalances, and evolving societal norms have all contributed to the complex interplay of sociological factors within the electoral arena.

One notable aspect of representation in Cameroon is gender representation, which has emerged as a critical dimension of the discourse. Women, despite comprising more than half of Cameroon’s population, have found themselves significantly underrepresented in political spheres. This underrepresentation can be attributed to a range of factors, including deeply ingrained societal norms, limited access to education and resources, and political structures that have historically favored male leadership. The absence of gender balance in political decision-making processes is not only a democratic deficit but also a hindrance to achieving inclusive governance.

Ethnicity, cultural diversity, and regional identities are also key components of representation in Cameroon. Historical factors, including the colonial legacy, have left their imprint on governance structures and ethnic delineations. The post-independence power struggles further compounded issues related to ethnic disparities and regional imbalances. The centralization of political power in the capital city, Yaoundé, accentuated the feeling of marginalization and underdevelopment in peripheral regions, highlighting the importance of equitable representation across all regions.

Representation in Cameroon goes beyond the mere allocation of seats in legislative bodies. It encompasses the broader goal of ensuring that the composition of governing bodies mirrors the intricate tapestry of the nation’s sociological fabric. To achieve this, electoral laws and practices must evolve to accommodate changing societal dynamics and democratic aspirations. While there have been efforts to address some of these challenges, the journey towards more inclusive and equitable representation continues

Francis B. Nyamnjoh argues that liberal democracy’s failure in Cameroon can be attributed to the notion’s parochial nature, which does not align with Africa’s social dynamics, negotiability, conviviality, and strong sense of community. This failure has been linked to a profound sense of ethnicity among Cameroonians, which is exacerbated by the country’s laws. These laws are inconsistent with liberal democratic rhetoric that emphasizes individual rights, including the right to vote and be represented in government.[7]

In Cameroon, thousands of women protested on the International Women’s Day in 2018 demanding broader political power in the country. Women make up more than half of Cameroon’s population, but there is not a single female among the country’s 10 regional governors or council presidents. Thousands of Women turned out at the 20 Boulevard in Cameroon’s Capital singing that they are under-represented and do not want to be treated as inferior to men any longer.[8] All four ministers of State are men and out of the 39 ministers only 6 women are represented and all 10 governors of the regions are men and of the 58 divisional officers only two women are represented.[9]

 Nicoline Nwenushi Wazeh, founder of the NGO pathways for Women’s Empowerment and Development, stated that Cameroon’s government is not doing much for women to gain more political power or reach representation goals set by the United Nations and African Union. Nwenushi stated that the lack of political will has made it that Cameroon government neither respects the universal quota of 30 percent nor the African Union quota of 50-50 and as such, there are only 61 women in the 180 members of the lower house of parliament and the senate has 26 women against 74 men.[10]

This is coupled with the fact that the electoral code does not clearly spell out what quota is reserved for women. It just mentions that gender should be taken into consideration. Mumah Bih Yvonne of the Cameroon Women’s Peace Movement stated that the electoral laws make it difficult for women to climb to leadership positions. Under the year’s theme “Gender Equality today for a sustainable tomorrow”, the UN marks the International Women’s Day on march 8,2022 to bring attention to women’s contributions and stop gender inequality.[11]

Though the electoral system within the territory, grants the senate with 100 seats, of which 70 are elected and 30 appointed by the president, with each region having 10 senators,[12] under-representation may persist considering the various challenges that plague the electoral system,  and the efforts to facilitate dialogue and the search for consensual solutions will continue to be an important contribution . Such efforts on the part of the United Nation may become even more acutely needed in the unexpected event of a post-Biya Cameroon, a scenario that is on the minds of many, but only spoken about in whispers.

The evolution of representation in Cameroon prior to the 1990s provides a foundational context for understanding the dynamics of sociological inclusion within the nation’s political landscape. This period witnessed significant socio-political changes, shaping the contours of representation and setting the stage for subsequent developments. During the colonial era, Cameroon was divided between British and French administrations, each leaving its imprint on the nation’s political landscape. The colonial legacy, marked by varying governance structures, ethnic delineations, and access to education and resources, laid the groundwork for post-independence sociopolitical dynamics.

Cameroon’s rich ethnic diversity, comprising over 250 distinct groups, posed both opportunities and challenges for representation. Prior to the 1990s, political power often gravitated toward certain ethnic groups, leading to disparities in political participation and representation. This dynamic was influenced by historical factors, colonial policies, and post-independence power struggles.

Cameroon gained independence in 1960 under a single-party system led by the Cameroon National Union (CNU), later renamed the Cameroon People’s Democratic Movement (CPDM). This era was characterized by limited political pluralism and constrained representation, as the dominant party’s control over institutions reduced the diversity of voices in governance. Gender representation remained a challenge during this period, with women significantly underrepresented in political spheres. Societal norms, limited access to education and resources, and political structures that favored male leadership collectively marginalized women’s political participation and representation. The centralization of political power in the capital city, Yaoundé, accentuated regional disparities in representation. Peripheral regions often faced challenges in gaining effective representation, which could lead to feelings of marginalization and underdevelopment.

The phenomenon of representation in electoral law holds immense significance within democratic societies. Representation serves as a vital bridge connecting citizens and their government, facilitating the expression of diverse interests, perspectives, and sociological backgrounds. Through electoral law, nations endeavour to establish mechanisms that ensure that the composition of their governing bodies mirrors the intricate tapestry of their societies.

Electoral law delineates the rules and procedures that guide the election of representatives, thereby forming the bedrock of democratic processes. By setting the parameters for candidacy, voting, and the allocation of seats, electoral laws play a decisive role in shaping the composition of governing bodies, ensuring that those who hold office are reflective of the people they serve.

Cameroon’s journey toward representation has been multifaceted, with a range of sociological components interplaying to shape the political narrative. Gender representation, for instance, has emerged as a pivotal aspect of this discourse. The equitable inclusion of women in the political realm has been acknowledged as essential for a comprehensive and inclusive democratic process. This recognition aligns with international efforts to promote gender equality in political participation, signifying a global commitment to dismantling gender-based barriers. However, the trajectory of representation in Cameroon extends beyond gender considerations. Ethnicity, cultural diversity, and regional identities have also played a substantial role in shaping political dynamics and representation.

Gender representation in Cameroon is a critical aspect of sociological inclusion, and it exemplifies the broader challenges faced by women in political spheres. Women in Cameroon have been persistently underrepresented, both in elected positions and appointed roles within the government. This gender imbalance can be attributed to a combination of societal norms and structural issues. Deeply ingrained societal norms and traditional expectations have played a significant role in perpetuating gender inequality in politics. Stereotypes and biases have hindered women’s political aspirations, as they often face cultural and familial pressures to prioritize domestic roles over political careers. These norms contribute to the perpetuation of male-dominated leadership structures. Structural issues within the political system also contribute to gender disparities. Limited access to education and resources, unequal campaign financing, and discriminatory electoral practices further disadvantage women in the political arena. The absence of clear provisions for gender quotas in the electoral code exacerbates these structural barriers.

Notable events, such as the 2018 International Women’s Day protests in Cameroon, have brought attention to the urgent need for improved gender representation. Thousands of women took to the streets, demanding broader political power and an end to their underrepresentation in key government positions. Despite making up more than half of the population, women remain conspicuously absent from many high-ranking roles, including regional governors, council presidents, and ministerial positions.

1.3 RESEARCH QUESTIONS

The research questions are divided into the main research question and specific research questions.

1.3. 1 Main Research Question

Is representation promoted in electoral law in Cameroon?

1.3.2 Specific Research Questions

• What is the concept and types of representation in electoral law in Cameroon?
• What is the legal and institutional framework for representation in elections in Cameroon?
• How effective is the promotion of representation in Cameroon electoral law?
• What policy recommendations can be made to enhance representation in electoral law in Cameroon?

1.4 OBJECTIVES OF THE STUDY

The objectives are divided into main research objective and specific research objectives

1.4. 1 Main Objective

• To examine the extent to which electoral law promotes representation in Cameroon?

1.4.2 Specific Objectives

• To analyse the concept and types of representation in electoral law in Cameroon.
• To examine the legal and institutional framework for representation in Cameroon.
• To assess the effectiveness of the promotion of representation in electoral law in Cameroon.
• To advance relevant policy recommendations for representation in electoral law in Cameroon.

1.6 REVIEW OF LITERATURE

Electoral law in Cameroon has been examined by different authors with different views and perspectives. This research therefore identifies the major trends in the literature which can be a useful bedrock on which the study is conducted by reviewing textbooks, journal articles, while identifying the gaps in knowledge and bringing out how this study seeks to fill in the gaps.

Fokum, Violet Yigha, Lotsmart N. Fonjong, and Melinda J. Adams[16] examines the relationship between increasing the number of female legislators in Cameroon and it impact on gender-related policy, from a critical analysis of the participation of individual parliamentarians in influencing parliamentary proceedings and decisions within existing parliamentary structures. The study uses the concept of descriptive and substantive representation within the framework of the critical mass theory to investigate the extent to which an increase in the presence of women in the Cameroonian parliament will affect the quality of women‘s issues presented to parliament. Eleven female parliamentarians were interviewed. The study reveals that an increase in the number of women does not significantly enhance substantive representation or women’s issues. It noted that while the profiles of female parliamentarians influence their participation in decision making structures within parliament, party discipline and the parliamentary system has more influences on the issues and policies debated and voted in parliament than numbers. This study is related to our thesis in that, it provides empirical evidence and insights into the challenges and limitations of achieving gender representation and promoting gender-related policies within the Cameroonian parliament, which is a key aspect of sociological representation in Cameroon.

Fortin-Rittberger, Jessica, and Berthold Rittberger[17] contend that the European Parliament (EP) has one of the highest proportions of women in its ranks, with over a third in 2009. Although previous research has pointed to the use of proportional representation (PR) in European elections as ‘friendlier’ to women, few have looked at differences in the types of PR rules in use in each country. In this article, we argue that the conventional wisdom according to which institutional design—the choice of electoral rules—should shape the composition of the EP does not hold, and suggest that the well-documented empirical connection between electoral rules and descriptive representation might in fact be an endogenous rather than a causal relationship. This study is related to our thesis in that it examines the impact of electoral rules on descriptive representation, particularly the representation of women, which is a crucial aspect of sociological representation. It highlights the complex relationship between electoral rules and the composition of elected bodies, offering insights that can inform discussions on representation in Cameroon’s electoral system.