as exposed by the lack of inclusiveness, participation and transparency of its
reform process (iii).
Composition of the electoral body
130. On
the
specific
issue
of
its
composition,
the
Applicants
aver
that
the
independence and impartiality of the electoral body is undermined due to the
inappropriate presence
of certain categories
of its members,
the inadequate
appointment process of its members and the imbalance of its composition.
131. The Applicants make reference to Articles 5, 15, 16, and 17 of the impugned law
on the recomposition of the IEC.
132. Article 5 of the impugned
law, as amended
by Order N° 2020-306 of 4 March
2020, provides that:
The
Independent Electoral Commission
shall be composed
of permanent and non-
permanent members.
The
Independent
Electoral
Commission
shall comprise
a Central Commission
and
Local Commissions at the regional, departmental, communal and sub-prefectural
levels.
The members of the Central Commission shall be:
- one personality proposed by the President of the Republic;
- one personality proposed by the Minister in charge of Territorial Administration;
- six personalities proposed by civil society, including one Lawyer appointed by the
Bar, one personality proposed
by the National Human
Rights Council and four
personalities proposed by Civil Society Organisations;
- one Magistrate proposed by the Higher Judicial Council;
- three personalities proposed by the party or political group in power;
- four personalities proposed by opposition political parties or political groups.
The members of the Central Commission shall be appointed by a Council of Ministers’
decree for a period of six years.
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