141. The Applicants also note that the oath taken by members of the electoral body before assuming duty is not sufficient to ensure credibility in their independence and impartiality, in light of the overwhelming evidence of factors that undermine such independence and impartiality. 142. The Applicants lastly argue that there still is an over-representation of the ruling party and that therefore the necessary “balanced composition” which was ordered by the Court has not been achieved. They note that several of the entities which have the authority to propose members onto the electoral body are in fact aligned with the government or, in other words, the ruling party. Accordingly, to the complement members of the ruling proposed Administration, by the the Higher party’s three President, Judicial the Council members, should Minister in charge and National the be added the of Territorial Human Rights Council. The government is therefore represented by seven (7) members against four (4) for the opposition. 143. For the Applicants, even the most recent amendment of the law through the Order N° 2020-306 of 4 March 2020 does not change much to this situation. They contend that the majority of the members in the electoral body still represent the government. Therefore, composition and undermine an they submit that their arguments unjustifiable the independence politicization of the of the electoral body, about an imbalanced electoral remain body which valid despite the change in the law. 144. The Applicants further note that whereas the Central Electoral Commission has a more diverse composition, the electoral bodies at the Local levels are almost entirely politicised. 145. The only non-overtly political actors are the members proposed by the prefects (Regional Commission) and by the sub-prefects (Departmental Commission). However, the Applicants maintain that these entities are part of the government, in the sense that they are the representatives of the President in the localities where they are called upon to discharge their duties, and therefore can be counted as representing the ruling party; thus creating a majority in the regional 31

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