Warnings Against New Forms of Fraud To Affect the 2007 and 2008 Elections That Went Unheeded

August 23, 2008
Source: SRP

Warnings Against New Forms of Fraud
To Affect the 2007 and 2008 Elections
That Went Unheeded

The Cambodia Daily, November 21, 2006: "Unexpected Voter Statistics Raise Concern"
A total of 1,214, 250 new voters registered in October [2006] for the commune election in April [2007] – a number more than double the NEC's initial prediction (…). "Ghost voter" refers to names on voting lists of people who may not exist, have already died or do not live where they claim to live. Election monitors are concerned that individuals may use ghost names to vote, potentially swinging the outcome of the election."

The Cambodia Daily, November 10, 2006: "Ghost Voters Pose Elusive Problem in Elections"
Election monitors voiced concern this week that there may be hundreds of thousands of ghost voters registered to participate in April [2007]'s commune elections (…). A ghost voter rate of 10 percent is far higher than the standard margin of error. This has prompted concerns that the voting list may have been tampered with on a large scale.

Phnom Penh Post, October 6-19, 2006: "Rainsy sees the Devil in the details of NEC's rules"
Voter cards were by far the most commonly used documents until the last elections in 2003 (…). Suppressing these voter cards under the present conditions, with so little preparation, and adopting new procedures for registering and voting create confusion that tends to exclude many non-CPP members from the election process.

Only those who are registered as CPP members receive adequate information, assistance and facilities to ensure that they will be able to cast their ballots on Voting Day. This is attributable to the fact that virtually all the state officials who deal with potential voters (village chiefs, commune chiefs, commune clerks, police officers and election officials) are affiliated with the CPP or are not in a position to disobey the CPP (…).

The NEC's initiative actually creates an unnecessary, untimely and unfair hurdle for millions of potential voters, especially those who are not affiliated with the CPP, as evidenced by countless reports from independent sources about the resulting confusion that prevails throughout the country (…).

Many observers are not inclined to follow the technicalities of the new registering and voting procedures, which appear to be full of boring details. But in many cases, such as election preparations, the Devil is in the details.

Phnom Penh Post, September 8-20, 2006: "Rainsy predicts disenfranchisement of non-CPP voters"
"The National Election Committee (NEC) has initiated changes in the voter registration process (…) that could have far-reaching consequences (…). The NEC is creating unnecessary and untimely work and procedures for people, most of whom are unable to do it (…). The NEC's initiative could practically end up depriving millions of citizens of their voting rights. The victims will be mainly non-CPP members because all CPP members are identified as such by their village chiefs and will receive in time (…) related information, assistance and facilities to do the work imposed by the NEC. Most of those who do not support the ruling CPP will be left in the dark (…). Many international observers do not realize that the results of the 2007 and 2007 elections are largely being decided now through a biased registration process."

The Cambodia Daily, August 30, 2006: "Rainsy: Process Changes Predetermine Elections"
"The National Election Committee's changes to the voter registration process are deciding the outcomes of the 2007 commune and 2008 national elections before they have had a chance to take place (…). Many international observers do not realize that the results of the 2007 and 2008 elections are largely being decided now through the registration process."

Phnom Penh Post, August 11-24, 2006: "Rainsy blasts voter registration"
"Sam Rainsy (…) is blasting (the NEC's) month-long campaign to compile voter lists as a 'vicious scheme.' It's a big plot being implemented in order to deprive up to two million potential voters of their rights (…). The NEC is independent on paper, but in fact they are doing what the CPP asks them to do."

Full texts of the articles and other warning reports at http://tinyurl.com/yfx6j7

SRP Cabinet

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.

Office of the Secretary General

Latest election results show dramatic drop for Funcinpec

Thursday, April 26, 2007
Everyday.com.kh
Translated from Khmer by Socheata

At the latest announcement of commune election results by the National Election Committee (NEC) on Wednesday, the number of Funcinpec commune councilors has dropped significantly. During the 2002 commune election, Funcinpec won commune councilor positions in almost all communes in the country, and was second only to the CPP, but for this election, Funcinpec was able to obtain only 274 commune councilor seats, i.e. 2.4% only of a total number of 11,353 seats in the entire country. For the seats of commune chief, Funcinpec number drops from 10 in 2002 to 2 currently. The NRP received more votes than Funcinpec, even though the NRP did not win any commune chief seat, but the NRP won 425 commune councilor seats, i.e. 3.7% of the total number of seats. Funcinpec major loss took place in the provinces of Kompong Cham and Prey veng, and coincidentally, these two provinces are those where the NRP received the most seats also.

NEC Announce Election Results

Seng Ratana, VOA Khmer
Original report from Phnom Penh
25/04/2007

The National Election Committee has announced the official results of commune elections held earlier this month.

As expected, the Cambodian People's Party took a vast majority of seats, followed by the Sam Rainsy Party, Funcinpec, the Norodom Ranariddh Party and the dark-horse Hang Dara Democratic Movement.

The CPP took 1,591 commune chief positions and 5,092 commune council seats. The SRP won 28 chief positions and 1,267 council seats.

Cambodia now has 11,353 commune council members in total for the second term in 1,621 communes, according to the NEC.

Critics said following the results the elections had not been free and fair.

The US Embassy said in a statement it was happy with the results of an election that saw less violence than those in the past but noted that many local authorities did not follow voting-day regulations.

Cambodia's local election results receive mixed reactions from parties

April 25, 2007

The final results from Cambodia's April 1 commune councils election have met with varied responses from contending political parties, with support from the winner and dissatisfaction from the opposition, the Rasmei Kampuchea daily reported Wednesday.

According to the figures announced Tuesday by the National Election Committee (NEC), the ruling Cambodian People's Party (CPP) won 1,591 out of the total 1,621 commune-chief seats throughout the country, the Sam Rainsy Party (SRP) won 28, and the co-ruling Funcinpec Party won just two seats. The Norodom Ranariddh Party ( NRP) and Hang Dara Democratic Movement Party came fourth and fifth respectively with only commune-chief assistant and council-member seats.

CPP President Chea Sim welcomed the results, calling the election a successful, free and fair competition, the newspaper said.

"In the name of the Cambodian People's Party, I would like to solemnly announce my support for the result of the second mandate commune councils election, which the National Election Committee has officially announced," Chea Sim was quoted by the daily as saying.

"We must respect and protect the election results and continue to do our utmost to realize the wishes of the people," he added.

A Funcinpec deputy secretary general echoed the statements of his coalition partner, telling the paper that they welcome and support the official result of the election.However, he added that the general procedures of the NEC in the elections were a bit difficult and complicated.

The forerunner SRP, on the other hand, did not fully accept the result, citing unresolved complaints over irregularities at a number of communes.

In Poipet commune of Banteay Meanchey province, for example, only 30 percent of registered voters actually went to vote, according to SRP Secretary General Mu Sochua, who added that village chiefs and commune chiefs were present at polling stations on the election day, which may have had intimidated voters, the paper said.

Source: Xinhua

U.S. Embassy Statement on Cambodia's Communal Election

Press Release
U.S. Embassy Statement on Cambodia's Communal Election

US Embassy, Phnom Penh

The United States Embassy welcomes the National Election Committee's announcement of results for the April 1 Commune Council elections, for which the U.S. Government provided over $400,000 in support for such activities as political party poll-monitor training, candidate debates, Women’s Leadership Forums, and organizational support for international and domestic election monitoring organizations.

The NEC’s administration of election day went smoothly. The Embassy applauds improvements to the electoral process compared to the 2002 and 2003 elections, particularly with respect to less intimidation and violence and fewer administrative difficulties. Election day across the country was notably peaceful and calm, and the presence of party agents and observers from Cambodian civil society helped to create a positive atmosphere. The lower voter turnout on April 1, however, is cause for concern, and the Embassy urges the NEC to review the reasons for lowered participation, streamline and simplify the voter registration process and remove any technical barriers that are identified. Reports of continued problems with voter lists are worrisome, and warrant NEC review and recommendations for resolving this long-standing issue. Embassy monitors noted that many local authorities did not observe the perimeter restrictions outlined in the election law, and their presence at many polling stations throughout the day, as well as during the vote count, did not promote a fully free environment.

Regarding the overall electoral process, the Embassy warmly welcomes the improvements over the last several elections, while noting that there remain areas for additional improvement. We encourage the Cambodian government to implement corrective measures in advance of the 2008 national elections in such areas as unequal access to the media by all the political parties, non-transparent campaign finance issues, as well as the lack of a neutral appeals process to hear election-related complaints. The Embassy further notes that the absence of any Cambodian political leader from the country detracts from the democratic process. The upcoming national elections in July 2008 offer Cambodia the opportunity to highlight the laudable progress the country has made in the transition from a post-conflict state to a transitional democratic nation over the period of just 15 years. The Embassy urges the Cambodian government, the NEC, all political parties, and Cambodian civil society to work together to strengthen the electoral process in the coming year.

The Embassy hopes that through the new Commune Councils, the Cambodian government’s decentralization process will continue to promote grassroots democracy and empowerment of local citizens. Toward this end, the Embassy through the United States Agency for International Development (USAID) will commence to work directly with 200 newly elected Commune Councils in eight Provinces under our $14.4 million Local Administration and Reform (LAAR) program. LAAR provides direct support to Commune Councilors to utilize participatory processes to engage the citizens within their commune to transparently develop projects that will improve commune services and the quality of life of the Cambodian people.

Released April 25, 2007

US embassy says Cambodian elections improved but still wanting

Apr 25, 2007
DPA

Phnom Penh - The US State Department welcomed the results of Cambodia's second commune elections Wednesday, but said some improvements to the process are still needed before next year's national vote.

The US has previously been critical of Cambodia's election processes, which have traditionally been dogged by politically motivated violence and allegations of corruption and voter manipulation.

The Cambodian National Election Committee Wednesday made minor corrections to original results for the April 1 elections, but the ruling Cambodian People's Party maintained a resounding victory, claiming 1,591 of 1,621 commune chief positions and around 98 percent of votes.

The opposition Sam Rainsy Party won 28 communes, while the royalist Funcinpec Party, a minor coalition partner in the government and once the country's second-largest party, won just two, according to the NEC.

The US embassy said in a press release that it was happy with the way the elections were conducted, adding that the US government had provided more than 400,000 dollars in funding towards the process.

The last commune elections were held in 2002. The previous national elections were held in 2003.

'The embassy applauds improvements to the electoral process compared to the 2002 and 2003 elections, particularly with respect to less intimidation and violence and fewer administrative difficulties,' the embassy said.

However it said low voter turnout of just 68 percent, and some breaches of electoral rules meant the elections could still not be called entirely free.

Lack of equal access to media for all parties, transparency in campaign funding campaigns and a neutral appeals process also marred the overall process, it said.

'We encourage the Cambodian government to implement corrective measures in advance of the 2008 national elections,' the embassy said, but confirmed that the US government would work with the newly elected commune councils.

HunSen's regime is only second to Saddam Hussein's regime when it comes to record high election score

Tuesday April 24, 2007
Cambodia's CPP wins 98% of commune chief positions in election

(Kyodo) - The ruling Cambodian People's Party of Prime Minister Hun Sen has won 98 percent commune chief positions in the second local elections in Cambodia's 1,621 communes, according to official results released Tuesday by the National Election Committee.

The CPP won 1,591 of 1,621 commune chief positions up for grabs while the opposition Sam Rainsy Party won 28 commune posts and the royalist FUNCINPEC party won 2, according to the results.

Voter turnout was 68 percent, lower than any of the four other national-level and communal polls held since 1993, which all had a turnout of at least 80 percent.

The CPP has ruled the country since 1979, and it grabbed all commune position chiefs until the first-ever communal election that was held in 2002.

Even though the CPP won more votes -- some 3.1 million compared with 2.67 million in the 2002 election -- the SRP said it was happy to have collected 1.3 million votes compared with only 730,000 in the last election.

With the 5.2 million votes cast, the CPP won 60.81 percent of the total vote and the SRP 25.18 percent, while the rest went to the Norodom Ranariddh Party and the FUNCINPEC party.

The results indicate a "significant change" in Cambodia's political geography, namely that it is now "only a two-party race: the CPP and the SRP," said Sam Rainsy, leader of the SRP.

The second local elections were held peacefully despite some reports of intimidation, threats and vote buying that had been raised prior to voting day.

More than 7 million Cambodians had registered to vote in the elections to choose new councils to administer the country's communes. As many as 102,266 candidates, including 21,840 women, stood for election from 12 parties.

The councils to be chosen will have a five-year mandate and consist of five to 11 councilors, depending on the demographic and geographic situations of the individual communes.

In the first local election in 2002, the CPP won 1,597 of 1,621 commune chief positions up for grabs, while the SRP won 13, FUNCINPEC got 10 and the Khmer Democratic Party got one.

About half of the $13 million budgeted for the latest election was received from foreign donors.

Monitors, Rights Groups Disappointed by Election Results

Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
23/04/2007

Low voter turnout, violence and Election-Day irregularities made for disappointing commune elections earlier this month and disappointing results Monday, monitoring and rights groups said.

Only 66 percent of registered voters went to the polls, and many people had difficulty finding their names on voter-registration lists, several groups charged.

Chief investigator for the Committee for Free and Fair Elections, Mar Sophal, said the majority of villagers had difficulty finding their names in voting April 1, leading to perhaps 18 percent of registered voters failing to cast a ballot.

The National Election Committee said Monday the Cambodian People's Party won chief seats in 1,591 communes, followed by the Sam Rainsy Party's 28 and Funcinpec's two.

No one from the Norodom Ranariddh Party nor any of the eight smaller parties won chief positions.