SRP Evaluation of 2007 Commune Election

Phnom Penh, May 2, 2007

The Sam Rainsy Party recognizes that the 2007 commune election proceeded relatively smoothly on the surface of election day. In particular, we are happy to note the decline in violence relative to the 1998, 2002 and 2003 elections. However, serious flaws in the administration of the full election process do lead us to call into question whether the will of the people was truly reflected in the election results. This paper highlights the key problems of the 2007 election and suggests means of resolving them in advance of the 2008 National Assembly election. Our goal is to guarantee the creation of a fully independent, neutral and competent NEC.

Since the UN-organized 1993 election, the subsequent elections, both local and national, organized by the Cambodian authorities in 1998, 2002, 2003 and 2007, have been marred by specific problems. From one poll to another, a different major problem occurred on a large scale.

The most significant systemic problems in the 2007 election stem from the voter registration process. SRP President Sam Rainsy had rung the alarm bell in a letter published in the Phnom Penh Post on September 8, 2006, under the headline: “Rainsy predicts disenfranchisement of non-CPP voters.”

Out of 7.8 million registered voters, only 5.1 million (65%) voted. This is a severe drop-off from the 87% turnout in 2002 and 83% in 2003. We believe that this drop is primarily due to administrative hurdles to voting that were not in place for previous elections. This year, over two million people (some 25% of the electorate) were denied voice in electing their leaders. This level of disenfranchisement leads us to question whether the NEC is fulfilling its mandate to secure the constitutional rights of Cambodian citizens. Administrative problems, often traceable to the fact that CPP members control the operations of government bureaucracies and give preference to political affiliation over professional duty, include the following:

(1) Voter registration information was given to CPP supporters on time, while it was delivered late or not at all to non-CPP supporters. This information was distributed by commune and village chiefs, some 98% of whom are members of the CPP.
(2) When the notices were distributed, verbal instructions were given to CPP supporters on how to register, while non-CPP supporters were simply, in the best case, handed the papers.
(3) CPP supporters were assisted through the bureaucratic process (checking the spelling of names, completing Form 10/18, providing photographs, etc.), while non-supporters were not. Many of our citizens, in particular our ethnic minorities in the Northeastern region, spend their lives in the fields and are illiterate or not used to completing paperwork. These voters stayed away from the polls because they did not have proper paperwork.
(4) Difficulties for citizens persisted in finding the right polling station in the commune and/or their names on the voter list.
(5) CPP officials illegally issued form 10/18 on election day for people to register under false names. These fraudulent voters were then accompanied to the polling station by the CPP officials. This action was expressly against NEC directives, and the NEC failed to stop it from occurring on April 1.
(6) The majority of complaints submitted by the SRP related to these irregularities were rejected or ignored.

Three egregious non-administrative issues must be addressed as well:

(7) Vote-buying. The CPP continues to distribute cash and sarongs (clothes) to citizens immediately before the election to pressure them into either voting for the ruling party or abstaining from voting, for those who are perceived as opposition supporters.
(8) Intimidation. Local authorities and candidates armed with walkie-talkies patrolled village streets on election day and crossed the perimeter into polling stations. Prior to election day, non-CPP supporters were reportedly assaulted or intimidated. Non-CPP party signs were defaced or ordered to be taken down.
(9) CPP campaign materials were placed on private homes without the consent of the owners.

The SRP suggests the creation of a high-level stakeholder committee composed of the NEC, political party representatives, human rights organizations, representatives of the donor community and the UNDP to address the following proposals to improve administration for the 2008 National Assembly election:

1. Improve the neutrality, independence and accountability of the NEC.
2. Create an independent court to monitor the decisions of the NEC.
3. Extend the NEC’s power to monitor and sanction parties involved in vote-buying from the campaign period only to at least three months before the election.
4. Organize long term training of NEC officials.
5. Prepare an acceptable voter list.
6. Eliminate the government/CPP monopoly over national radio and television.
7. Extend the voter registration period from three weeks to year round, at least during election years.
8. Ensure that national identity cards or voter identification cards are provided to all eligible voters.
9. Simplify the complaint process.
10. Increase number of seats in National Assembly in accordance with national election law.

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