HONG KONG, Oct. 31By LAO MONG HAY
Posted on UPI Asia Online
Column: Rule by Fear
Cambodia is currently making preparations for the election of members of parliament to be held in July next year, making it the third, after the one organized by the United Nations in 1993. It has now proceeded to update the electoral rolls. Over a thousand national and international observers have registered to observe the polls and the Cambodian government is seeking financial support from the international community for this up-coming election.
Under Cambodian law, members of parliament are elected by universal, equal, free, direct suffrage and by secret ballot under the system of party-list proportional representation. The task of organizing elections is entrusted to the National Election Committee which is supposed to be independent, neutral and impartial.
However, what has escaped the observation radar is that this committee, the whole electoral process and factors influencing the election outcome are very much under the control of the ruling party, the former communist Cambodian People's party.
The committee is composed of nine political appointees, five of whom come from the ruling party. On top of organizing the election, the committee serves also as a tribunal to adjudicate conflicts arising from electoral fraud or irregularities. In the adjudication of conflicts it is judge and party at the same time.
Parties to electoral litigations can appeal the committee's judgments to the Constitutional Council which serves as the court of final appeal for such litigations. This council is composed of political appointees whose majority comes from the ruling party as well.
The ruling party has the control of the majority, if not all, of the staffs who run the electoral process, when those staffs, from the head-office, to the provincial election committees and down to the commune election committees, are recruited among working or retired officials and teachers whose overwhelming majority are actual members or sympathizers of the ruling party.
As a legacy of the communist days of the 1980s, Cambodian civilian administration and security forces are not politically neutral. The ruling party has complete control over all level of civilian administration and the security forces from the national level to the grassroots levels, through party membership of a great number of officials of that administration, and members of those forces. Its trusted members occupy all positions of responsibility up and down the hierarchy. These members are party activists and run party cells in their respective jurisdictions. They and their party cells are very active during the electoral period.
The control of the ruling party is extended to almost all the media. All TV channels are run by the government or by supporters of the ruling party. Among the many radio stations, there is only one with a small coverage area which is or allowed to be independent from the government. The newspapers with big circulations are run by members or supporters of the ruling party.
Populism and vote-buying, through construction of community projects, organization of or contribution to religious ceremonies, distribution of humanitarian relief or outright offer of free gifts, are the practices of political parties to woo the electorate.
In this regard, the ruling party has a lot advantages over its rival parties, when it has an overwhelming command over resources for the purposes. No political party can rival it in this respect.
Since it is running the government and controls all the government and administrative machinery and security forces, the ruling party can use and is using resources and services of the public sector at its disposal for its populism and vote-buying, under the guise of delivering public services, discharge of government duties, or the government's social and economic projects.
The ruling party also has the support of the business community whose many leaders are its members or supporters. A number of these business leaders have served as senators or advisors to leaders of the ruling party. Businesses need the government, which is the ruling party, for their trade, especially to secure concessionary terms for their licenses, other transactions, and protection for indulging in improper activities such as the on-going land grabbing.
The ruling party can secure resources through contributions from its members whom they have appointed to positions of responsibility when such positions are commonly known as "lucrative positions".
The largesse of the ruling party mostly goes to its members, supporters and other voters it can influence. At times to ensure that its largesse is translated into votes, recipients are made to swear loyalty to and vote for the ruling party. There are also threats of retribution if they fail to support the ruling party.
Local authorities, including the police, whose majority members belong to the ruling party, can identify the party allegiance of voters. They also keep surveillance on the activities of rival party activists in their localities. In hotly contested localities, supporters of rival parties experience difficulty having access to public services.
The ruling party's largesse has no bounds when the electoral law imposes no limit to election campaign finance. In parallel with this largesse, rival parties have meager resources for elections. Furthermore, at times, their officials and activists are not allowed freedom to do their party work. Many of them face threats, intimidation and even assassination, and are prevented from doing their party work. Many times, public authorities under the control of the ruling party do not act upon complaints from them as diligently as those coming from officials of the ruling party.
Can the mechanism and process that is extensively controlled by one party ensure a free and fair election?
--
(Lao Mong Hay is currently a senior researcher at the Asian Human Rights Commission in Hong Kong. He was previously director of the Khmer Institute of Democracy in Phnom Penh, Cambodia, and a visiting professor at the University of Toronto in 2003. In 1997, he received an award from Human Rights Watch and the Nansen Medal in 2000 from the United Nations High Commissioner for Refugees.)
Under Cambodian law, members of parliament are elected by universal, equal, free, direct suffrage and by secret ballot under the system of party-list proportional representation. The task of organizing elections is entrusted to the National Election Committee which is supposed to be independent, neutral and impartial.
However, what has escaped the observation radar is that this committee, the whole electoral process and factors influencing the election outcome are very much under the control of the ruling party, the former communist Cambodian People's party.
The committee is composed of nine political appointees, five of whom come from the ruling party. On top of organizing the election, the committee serves also as a tribunal to adjudicate conflicts arising from electoral fraud or irregularities. In the adjudication of conflicts it is judge and party at the same time.
Parties to electoral litigations can appeal the committee's judgments to the Constitutional Council which serves as the court of final appeal for such litigations. This council is composed of political appointees whose majority comes from the ruling party as well.
The ruling party has the control of the majority, if not all, of the staffs who run the electoral process, when those staffs, from the head-office, to the provincial election committees and down to the commune election committees, are recruited among working or retired officials and teachers whose overwhelming majority are actual members or sympathizers of the ruling party.
As a legacy of the communist days of the 1980s, Cambodian civilian administration and security forces are not politically neutral. The ruling party has complete control over all level of civilian administration and the security forces from the national level to the grassroots levels, through party membership of a great number of officials of that administration, and members of those forces. Its trusted members occupy all positions of responsibility up and down the hierarchy. These members are party activists and run party cells in their respective jurisdictions. They and their party cells are very active during the electoral period.
The control of the ruling party is extended to almost all the media. All TV channels are run by the government or by supporters of the ruling party. Among the many radio stations, there is only one with a small coverage area which is or allowed to be independent from the government. The newspapers with big circulations are run by members or supporters of the ruling party.
Populism and vote-buying, through construction of community projects, organization of or contribution to religious ceremonies, distribution of humanitarian relief or outright offer of free gifts, are the practices of political parties to woo the electorate.
In this regard, the ruling party has a lot advantages over its rival parties, when it has an overwhelming command over resources for the purposes. No political party can rival it in this respect.
Since it is running the government and controls all the government and administrative machinery and security forces, the ruling party can use and is using resources and services of the public sector at its disposal for its populism and vote-buying, under the guise of delivering public services, discharge of government duties, or the government's social and economic projects.
The ruling party also has the support of the business community whose many leaders are its members or supporters. A number of these business leaders have served as senators or advisors to leaders of the ruling party. Businesses need the government, which is the ruling party, for their trade, especially to secure concessionary terms for their licenses, other transactions, and protection for indulging in improper activities such as the on-going land grabbing.
The ruling party can secure resources through contributions from its members whom they have appointed to positions of responsibility when such positions are commonly known as "lucrative positions".
The largesse of the ruling party mostly goes to its members, supporters and other voters it can influence. At times to ensure that its largesse is translated into votes, recipients are made to swear loyalty to and vote for the ruling party. There are also threats of retribution if they fail to support the ruling party.
Local authorities, including the police, whose majority members belong to the ruling party, can identify the party allegiance of voters. They also keep surveillance on the activities of rival party activists in their localities. In hotly contested localities, supporters of rival parties experience difficulty having access to public services.
The ruling party's largesse has no bounds when the electoral law imposes no limit to election campaign finance. In parallel with this largesse, rival parties have meager resources for elections. Furthermore, at times, their officials and activists are not allowed freedom to do their party work. Many of them face threats, intimidation and even assassination, and are prevented from doing their party work. Many times, public authorities under the control of the ruling party do not act upon complaints from them as diligently as those coming from officials of the ruling party.
Can the mechanism and process that is extensively controlled by one party ensure a free and fair election?
--
(Lao Mong Hay is currently a senior researcher at the Asian Human Rights Commission in Hong Kong. He was previously director of the Khmer Institute of Democracy in Phnom Penh, Cambodia, and a visiting professor at the University of Toronto in 2003. In 1997, he received an award from Human Rights Watch and the Nansen Medal in 2000 from the United Nations High Commissioner for Refugees.)
26 comments:
Your theory is seriously flawed, Dr. Lao. The CPP is not unbeatable because of what you've claimed against them. If we let Sihanouk run in the election, I am sure he will win with a land slide regardless of what you claimed. The truth is the opposition is incompetence and they do not have the support of the majority as Sihanouk does, and that is why they lost every election. It is as simple as that.
12:45PM
It is not as simple as that idiot.It is a most win at all cost including intimidation,bribery,fraud etc.If you fail to see that, you will remain idiot for the rest of your life.
To 12:45PM!
Your logic is flawed too! Only a dictator can afford to buy vote, to intimidate dirt people to vote for him, manipulation at the ballot box and voter registration such as delete opposition voters...Hun Sen dictator is doing it all over again with his so called gift such as building a new bridge for dirt poor Cambodia in his name?
I wonder where he got all the money to build the bridges or schools in quantity not in quality. I am willing to bet that most dirt poor Cambodian people somehow perceive that Hun Sen corruption will benefit them is some ways and that is the only reason they kept voting for him again and again!
How can that be if you dare ask! What about the land grabbing and land eviction, high crime rate, high unemployment rate, no freedom of expression, dysfunctional education system...
It is all about Cambodian people perception because Hun Sen can always compare his regime to Pol Pot regime in term of Cambodia progress to make him look good! It works like magic every time!
By the way at this very moment there some dirt poor Cambodian people are dying of starvation in Oddar Meanchey province!
Hip Hip Hip Horay!
Hip Hip Hip Horay!
Hip Hip Hip Horay! For our beloved Hun Sen dictator!
There is nothing to see, fool. Sihanouk can win by a land slide without making any scene about intimidation, bribery, fraud, and whatever have you. The opposition just don't got it, dude. They are just plainly not good enough for Khmer people, period.
To 12:45pm,
You must be born from animal. Your head full of rocks with such view.
Sydney, Australia
And what is wrong with my view, 3:37? You don't think Sihanouk could pull it off or what?
Can the mechanism and process that is extensively controlled by one party ensure a free and fair election?
Dr.Lao, your analysis and reflection about the Cambodia is true and 1000% relevant.
The election is just the show to legitimize their power....but in reality they know and know that they win through fraudulent mechanism.
CPP that is the member of Indochinese Community Party is getting help in both theories and material from their Master.
KY
Thank you for your thoughtfull observation, Dr Lao.This is not a theory but what has been happening in Cambodia, majority of cambodians are aware of that.Also NGO's, human rights organisation,anti corruption organisation, Camfrel...and so forth.Assessination, intimidation, manipulation...have led cambodians fear for their live to speak out.
Cambodia is claimed to be monarchy, democratic and sovereign and appearently she is not.National constitution is the key and hope but it is not implemented for some obscure reasons.Under monarchy, our king is a very high hope for cambodians, unfortunately and strangely enough that our PM seems to be untouchable and controls whole cambodian affairs.
May be only God can hear pain and suffering of cambodians.
Neang SA
Hello Dr. Lao,
As long as CPP (Hun Sen and cronies) and Cambodia are under the domination/control of Viet Hanoi, there had never been, there is not, and there will never be a fair election.
The Vietcong must get out of Cambodia and Vietnam must leave Khmer alone to take care of their own life. Only by then would there be any chance for Khmer to exist.
Passer-by
From a khmer in France.
I don't understand something.
After 1990 and with the pars paece agreement, Cambodia was under the UN protection.
How the youn-Hanoi Hun Sen was able to take the power in Cambodia?
Let the Khmers people to work alone to rebuid Cambodia and to improve their countrymen lives.
CPP-Hanoi must go to the vietcong country and let us working for our country.
Even if we are not living in Cambodia, Khmers overseas, Khmers Krom and Khmers serin are all 100% patriotics.
We all want to rebuild for a better Cambodia and we need to unite all khmers to achieve our goals.
And that's why we say to this Animal Viet troller to get out of KI-Media and the rest of the Vietcong must all go home and we mean NOW!
Hey, stop linking us with Ah Khmer-Yuon evil people, 10:08. We don't want to have anything to do with them (fools).
You can ask any Vietnamese about Hun Sen. They all know him for being a puppet of Vietnam. Vietnam is still controlling Cambodia!!!!! Please every Cambodian opens your big eyes to see the real activities of the CPP everyday.
Wrong, Khmer is not Vietnam Puppet. They are just helping us moving along economically within the region. Without their help and guidance, we would go west and back to year zero, and nobody would want that.
This animal Viet troller @1:38 AM pretending to be Khmer speaking up for Khmer yet using derogatory/insulting term calling Khmer "Ah Khmer-Yuon" must be castrated and then euthanized.
Go home Vietnamese Troller!
Go home Vietcong!
We don't need to do buisness with the vietcong.
The vietcong only want to control Cambodia to satisfy the Ho chi min's dream.
We are not as stupid as the CPP.
We want to unite all khmers in order to have a strong Cambodia and then we will do buisness with the US , China, Korea, Japon, Europe ...
Well, Ah Khmer-Yuon is Ah Khmer-Yuon. No one can change the truth. Moreover, most of those racists can't even speak Khmer, and those that do speak khmer speak with Yuon accent.
This animal Viet troller @5:15 AM pretending to be Khmer speaking up for Khmer must be castrated and then euthanized.
Khmer will not let you destroy Khmer!
Go home Vietnamese Troller!
Go home Vietcong!
Stop dreaming, 5:30, no one except Ah Khmer-Yuon is trying to destroy Khmer. Little do they know, however, that they are only destroying themselves.
Cambodian 2008 election will never be free and fair ! why? I tell you why,
Yuon Hanoi control every resources in
the kingdom of Kampuchea. Everything is under Hanoi command.
We know who this animal Viet troller @6:30 AM that is pretending to be Khmer speaking up for Khmer is..and we tell this Animal...
Go home to Hanoi you Viet Troller!
Leave Khmer people alone; Khmer people does not want you here.
Go home Vietcong!
I am not in Ah Toothless Khmer-Yuon's land (South Vietnam,) moron.
9:02AM telling to the world throughout this net by saying himself and his CPP gangs are the real AH KHMER-YUON of Hanoi.
They sent him to sabotage khmer everywhere. So, all khmer please be aware of Ah KHMER-YUON's Hanoi dog servants.
No, I was send only to spy on Ah ugly evil toothless Khmer Yuon in South Vietnam.
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