Charges of election irregularities abound

Voters search for their names on lists posted outside a polling station in Prey Veng province yesterday. Photograph: Derek Stout/Phnom Penh Post

Meun Vibol caught on film

Monday, 04 June 2012
The Phnom Penh Post Staff

Battambang, Phnom Penh

Allegations of intimidation, ghost voting and electoral-roll sabotage marred yesterday’s commune election as citizens flocked to schools, pagodas and tent-filled streets to cast their vote.

It wasn’t yet 9am when SRP legislator Son Chhay, preparing to vote at the capital’s Neakavoan Pagoda, claimed voters across Phnom Penh had arrived at polling stations to find their names missing from the electoral roll.

“I think their names have been deleted,” he said. “At each station, you’re talking about 40 or 50 people.

“[Some] have just walked back [home] – they just don’t bother. It is a concern that a lot of people cannot display their political decision.”

The SRP was also looking into allegations of vote-buying and intimidation in the capital, Son Chhay said.

Allegations of crookedness, however, weren’t confined to Phnom Penh.

In Battambang town, SRP lawmaker Mu Sochua and 25-year-old O’Char commune candidate Sin Chan Pov Rozeth accused Cambodian People’s Party officials of intimidation, accepting improper identification documents and planning to use ghost voters.

Political activists do not dare present their candidacy for fear of losing their personal benefits

04 March 2012
By Ky Soklim
Radio France Internationale
Translated from Khmer by Soch

On the other hand, at the SRP, Yim Sovann, the party’s spokesman, declared that threat and discrimination on his party’s activists are still prevalent. However, SRP activists are very courageous and even with discrimination against them, SRP activists are competing with each others to have their names listed as candidates and they are not afraid of anything.

A number of political parties indicated that they have a hard time recruiting candidates for the upcoming commune elections which will take place in June. A number of political activists support their parties in their heart, but they do not dare present their candidacy to the election because this could affect their work and their professions.

“They only support the party in their heart, but they do not dare present themselves to the public. This is difficult for a number of parties to recruit candidates for the commune election which will take place on 03 June.”

Nhem Ponharith, a MP for Kem Sokha’s HRP party, declared on Sunday that his party encounters some difficulties in recruiting candidates for the commune election in Phnom Penh city. He said that activists for his party who work for the government or are businessmen, do not dare present their candidacy because they are afraid of losing their benefits. Even though they do not present their candidacy, they still continue to support the HRP.

“សកម្មជន​គណបក្ស​មិន​ហ៊ាន​ឈរ​ឈ្មោះ​ព្រោះ​ខ្លាច​ខូច​ប្រយោជន៍”

ថ្ងៃ អាទិត្យ 04 មីនា 2012
សេចក្តី​រាយការណ៍របស់ គី សុខលីម ពី​ភ្នំពេញ
Radio France Internationale

ងាក​មក​និយាយ​ពីគណបក្ស​សមរង្ស៊ី​ឯណេះ​វិញ លោក យឹម សុវណ្ណ អ្នកនាំពាក្យ​គណបក្ស​បាន​ថ្លែង​ថា ការ​គំរាមកំហែង​និង​ការ​រើសអើង​នយោបាយ​មក​លើ​សកម្មជន​នយោបាយ​នៅតែ​មាន។ ប៉ុន្តែ​សកម្មជន​របស់​គណបក្ស​សមរង្ស៊ី​មាន​សេចក្តី​ក្លាហាន​មោះមុត​ណាស់។ មានមែន​ការ​រើសអើង​ប៉ុន្តែ​សកម្មជន​របស់​គណបក្ស​សមរង្ស៊ី​ដណ្តើម​គ្នា​ឈរ​ ឈ្មោះ។ ឈរ​ឈ្មោះ​ដោយ​មិន​ញញើត។

គណបក្ស​នយោបាយ​មួយ​ចំនួន​លើកឡើង​ពីការ​លំបាក​ក្នុង​ការស្វែងរក​បេក្ខជន​ឈរឈ្មោះ​សម្រាប់​ការ​បោះឆ្នោត​ឃុំសង្កាត់​ដែល​នឹង​ប្រព្រឹត្តទៅ​នៅ​ខែ​មិថុនា​ខាងមុខ​នេះ។ សកម្មជន​គណបក្ស​នយោបាយ​មួយ​ចំនួន​ហ៊ាន​គាំទ្រ​គណបក្ស​ក្នុងចិត្ត​ប៉ុន្តែ​មិនហ៊ាន​ឈរ​ឈ្មោះ​ទេ​ពីព្រោះ​ពួកគេខ្លាច​ប៉ះពាល់​ដល់​អាជីវកម្ម​និង​ដល់​ការងារ​របស់​ពួកគេ។


“ហ៊ាន​គាំទ្រ​គណបក្ស​ក្នុងចិត្ត​ប៉ុន្តែ​មិនហ៊ាន​ចេញ​មុខ​ជា​សាធារណៈ​ទេ”។ នេះ​ជាការ​លំបាក​របស់​គណបក្ស​នយោបាយ​មួយ​ចំនួន​ក្នុង​ការ​ស្វែងរក​បេក្ខជន​ឈរ​ឈ្មោះ​សម្រាប់​ការ​បោះឆ្នោត​ជ្រើសរើស​​ក្រុម​ប្រឹក្សា​ឃុំ​សង្កាត់​ ដែល​នឹង​ប្រព្រឹត្ត​ទៅ​នៅថ្ងៃទី​៣​ខែ​មិថុនា​ខាង​មុខ​នេះ។

លោក ញ៉ែម ប៉ុញ្ញរិទ្ធិ តំណាងរាស្ត្រ​គណបក្ស​សិទ្ធិមនុស្ស​របស់​លោក កឹម សុខា បាន​ថ្លែង​ប្រាប់​នៅថ្ងៃ​អាទិត្យ​នេះ​ថា គណបក្ស​របស់​លោក​ជួប​ប្រទះ​ការ​លំបាក​មួយ​ចំនួន​ក្នុង​ការ​ស្វែងរក​បេក្ខជន​ឈរ​ឈ្មោះ​សម្រាប់​ការ​បោះឆ្នោត​ឃុំ​សង្កាត់​នៅ​ទីក្រុង​ភ្នំពេញ។ តំណាង​រាស្ត្រ​រូប​នេះ​បាន​បញ្ជាក់​ថា សកម្មជន​របស់​លោក​មួយ​ចំនួន​ដែល​ជា​មន្រ្តី​រាជការ​និង​ជា​អាជីវករ​ហើយ​ស្រលាញ់​គណបក្ស​សិទ្ធិមនុស្ស​នោះ ​មិន​ហ៊ាន​ឈរឈ្មោះ​ទេ​ពីព្រោះ​​ពួកគេខ្លាច​ខូច​ប្រយោជន៍​របស់​ពួកគេ។ ពួកគេ​មិន​ឈរ​ឈ្មោះ​មែន​ប៉ុន្តែ​ពួកគេ​នៅ​តែ​បន្ត​គាំទ្រ​គណបក្ស​សិទ្ធិមនុស្ស​ពី​ក្រោយ។ ​

Opposition Activist Fears Arrest Ahead of Election [-Who says the CPP is so sure about the election outcome?]

Sam Rainsy Party supports hold up the party flag, file photo

Tuesday, 27 September 2011
Heng Reaksmey, VOA Khmer | Phnom Penh

“My case involves politics, because the commune election is coming soon.”

An opposition party activist in Kandal province says the court there is trying to detain him ahead of local elections next year.

Meas Peng, a Sam Rainsy Party second deputy commune chief in Kien Svay district, is accused of initiating the destruction of private property in a land dispute in the province.

However, he said Tuesday he feared the courts were seeking to detain him to prevent him from contesting commune council elections next year.

“I am living in a safe area and am worried that the Kandal authorities will arrest me,” he said. “My case involves politics, because the commune election is coming soon.”

Voter-drive complaints

Wednesday, 14 September 2011
Meas Sokchea and Bridget Di Certo
The Phnom Penh Post

Opposition parties voiced complaints to the National Election Committee yesterday accusing commune authorities across Cambodia of harassment and bias during voter registration drives.

During an NEC meeting attended by representatives from the ruling Cambodian People’s Party, the Human Rights Party, Funcinpec and other political parties, Sam Rainsy Party lawmaker Ho Vann said SRP members were being harassed by commune authorities when they distributed leaflets encouraging people to register to vote.

“We want to have more registration. I would like the NEC to make it clear whether distribution of leaflets or use of microphones to spread the word of voter registration is forbidden or not,” Ho Vann said at the meeting.

NEC secretary-general Tep Nytha said parties must not use the voter registration period as an election campaign and could only distribute information in accordance with the law.

“Political parties can distribute leaflets and use microphones if they have permission from local authorities,” he said. “Distributing leaflets affects public order: that is why it is prohibited.

SRP MP Mu Sochua calls for "level playing field at all steps of the electoral process"

Moving towards local elections 2012

Another elections marred with intimidation, threats, and lack of political will for electoral reforms.

• Sam Rainsy, leader of the lead opposition party in exile;
• Party youths and officials are facing serious intimidation, threats and harassment in Cambodia;
• Ruling party using all state media and its own private TV and radio stations 24 hours/day;
• National Election Committee siding with party in power.

Election monitoring must take into consideration this abuse of power that begins as early as the registration period.

We call for level playing field at all steps of the electoral process.

Mu Sochua, MP

http://sochua.wordpress.com

“I do not fear death; I fear political silence against injustices”

-Malalai Joya, MP Afghanistan

Donate to Mu Sochua’s Justice Fund

Youth denied their constitutional rights in Phnom Penh

Register to Vote: Newsletter Two

Monday 12 September 2011

Youth denied their constitutional rights in Phnom Penh

Every capable Cambodian citizen 18 years or older has the right to vote in elections. This is ensured in our constitution.

However, Cambodian youth have a challenge when taking voter registration information door-to-door to their peers, in the city of Phnom Penh on the 2nd week of the registration period. Local commune chiefs, district officials trailed by police prevented the youth and Mu Sochua of the Sam Rainsy party, an elected MP from providing information to voters, accusing them of unlawful activities and disturbing peace and security in the commune.

SRP youth president Soung Sophoan handing out voter information cards at the pagoda.

Sophoan and MP Mu Sochua confronted by local authorities minutes later for their actions.

Voter information cards were snatched and confiscated by the local authorities who went door to door, creating an atmosphere of fear. Such a violation of voters' rights, including right to information and political rights is part of the fear tactics of the ruling party through the use of local officials.

The Cambodia Daily newspaper reported on the 13th September 2011, “There were almost as many authorities as SRP members, which came in handy when the information card distribution began because it meant the authorities could grab back the cards as quickly as they were distributed to the public”.

A fan?  No, a member of the local authority taking pictures in an act of intimidation and harassment. He was part of the authority convoy trailing the party youth.

Voter registration is the first step to guaranty protection of voters' right to vote. The EU Electoral Observation Mission noted in its 2008 general election report that 19 per cent of polling stations reported voters complaints due to errors on the register on election-day. Domestic observers concurred with this finding, stating in their reports that incorrect voter registration was one of the key problems of the 2008 election process.

The Sam Rainsy Party is taking no chances by waiting for electoral reforms to take place. During the 45-day registration period, the SRP youth and all the party machinery is being used nationwide to ensure that the newly illegible voters have their right to vote.

The youth will not be intimidated and they continue to exercise their constitutional right to hand out the voter information cards

Training youth to go door-to-door is a must and a good exercise to train our youth to enter the field of politics and to defend our people's political rights. Any form of threat and intimidation must be stopped in order to ensure free and fair elections.

Another 28 days to go!

HRP's communique on the arrest of two HRP activists in Kampong Cham

http://www.box.net/shared/sq3opyuak5u6rkn8ybbt

CCHR Press Release - Incitement allegation and suspension threat against CCHR and NRPG are without any basis in law and are further proof of crackdown on civil society

Dear all

In response to incitement allegations and threats of suspension against the Cambodian Center for Human Rights (CCHR) and the Natural Resource Protection Group (NRPG) as reported in today’s Cambodia Daily, CCHR issues a press release titled “Incitement allegation and suspension threat against CCHR and NRPG are without any basis in law and are further proof of crackdown on civil society”. Please find this release attached in Khmer and English.

Thank you and kind regards

--

The Cambodian Center for Human Rights (CCHR) is a non-aligned, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia. For more information, please visit www.cchrcambodia.org.

http://www.box.net/shared/o8mzq91dexcml208b82j


http://www.box.net/shared/va6u3mlex8qpl5loeyn2

‘Free and Fair’ Criteria Elude Elections: Monitor

Koul Panha, left, the executive director of the Committee for Free and Fair Elections, told “Hello VOA” that the country has continued to struggle since it’s first election, in 1993. (Photo: by Heng Reaksmey)

Wednesday, 24 August 2011
Kong Sothanarith, VOA Khmer | Phnom Penh

“There are so many irregularities and so much fear.”

Cambodia’s election process has failed to live up to international standards of “free and fair,” a leading monitor said Monday.

Koul Panha, the executive director of the Committee for Free and Fair Elections, told “Hello VOA” that the country has continued to struggle since it’s first election, in 1993, with voter intimidation, an uneven playing field for non-ruling party candidates and other problems.

“There are so many irregularities and so much fear,” said Koul Panha, who is to receive the Ramon Magsaysay Award in the Philippines later this month.

Each election cycle has also seen a decrease in the debate of “political issues,” he said.

Democracy requires opposition leadership

Will Sam Rainsy be banned from the 2013 election?

Friday, 19 March 2010
Ou Virak
Letter to The Phnom Penh Post

Dear Editor,

In comments recently published in The Phnom Penh Post, Constitutional Council member and political analyst Sonn Soubert described new criminal charges against Sam Rainsy as an attempt to remove the opposition leader from the country.

In His Excellency’s opinion, the treatment of the opposition leader is similar to the treatment of imprisoned Myanmar opposition leader Aung San Suu Kyi by the government.

These comments raise important concerns as to the increasingly distressing state of democracy in Cambodia.

In particular, the apparent efforts by the Royal Government of Cambodia to ensure that the eponymous leader of the Sam Rainsy Party is precluded from standing in the 2013 National Assembly Elections are comparable to recent legislative actions taken by the government of Myanmar that serve to exclude Suu Kyi from standing in elections later this year, and which have been described by the US state department as making a “mockery of the democratic process”.

Under new legislation passed recently, in anticipation of the first election to be held in Myanmar since 1990, Nobel Peace laureate Suu Kyi, the leader of the country’s main opposition party, the National League for Democracy, will be precluded from participation in the election on the basis that she is serving a prison sentence.

According to the US state department, the measures – which will also preclude Suu Kyi’s continued membership in the opposition party – ensure that the elections, which are expected before the end of the year, “will be devoid of credibility”.

By way of comparison, Sam Rainsy – the leader of the main opposition party here in Cambodia – has recently been convicted of racial incitement and destruction of property for uprooting demarcation posts on Cambodia’s border with Vietnam, and sentenced to two years in prison in what Human Rights Watch described as a “new extreme” in “Prime Minister Hun Sen’s campaign of persecution of critics”.

On February 26, 2010, two further charges of disinformation and falsification of documents were filed by government lawyers against Sam Rainsy after he posted a number of border maps and other documents on his party’s Web site to support his claim that the Royal Government of Cambodia has turned a blind eye to Vietnamese encroachment into Cambodian territory.

If convicted of these charges Sam Rainsy could face a sentence of up to 18 years imprisonment.

In his comments on the issue, His Excellency Sonn Soubert described the treatment of Sam Rainsy as a “political issue, not a criminal issue”.

Indeed, the comments of Hun Sen throughout the affair serve only to support this conclusion.

On February 25 – the day before the filing of new charges against Sam Rainsy was reported – Hun Sen was quoted in The Phnom Penh Post to the effect that Sam Rainsy would not be able to contest the next National Assembly election in 2013. Referring to his 2005 conviction for defamation and his subsequent Royal pardon in 2006, Hun Sen stated that “this time, the court sentenced [Sam Rainsy] to jail – no pardon this time”.

These comments are important and leave little doubt as to the pointed political motivations behind the charges against Sam Rainsy.

According to Article 34(2) of the Law on the Election of Members of National Assembly, persons who are sentenced to imprisonment on conviction of a felony or misdemeanour by the courts and who have not been rehabilitated shall not be eligible to stand as candidates for election to the National Assembly.

The Code of Criminal Procedure provides for two forms of rehabilitation: judicial rehabilitation and rehabilitation by law. Even if Sam Rainsy is not convicted of the further charges filed against him, he will not be eligible for rehabilitation until three years after completing his two-year sentence for racial incitement and destruction of property.

He will, therefore, be precluded from standing in the 2013 National Assembly election.

On March 12, 2010, Hun Sen was quoted in The Phnom Penh Post to the effect that opposition members disappointed by the drafting process and passage of the Anticorruption Law by the National Assembly ought to put their energies into winning the National Assembly election in 2013.

In view of the efforts by the Royal Government of Cambodia to preclude the leader of the main opposition party from the next election, questions need to be asked about the credibility of the democratic process in Cambodia and whether the next election – much like the one expected to take place in Myanmar before the end of the year – will be “devoid of credibility”.

Ou Virak, president
Cambodian Centre for Human Rights

Election irregularities by the CPP and NEC at Phsar Doeum Thkov, Phnom Penh

The following photos document irregularities by CPP activists and NEC officers during the election on 27 July 2008 at the Phsar Doeum Thkov polling station. These photos were sent by a KI-Media reader.

CPP village chief wearing a T-shirt emblazoned with Hun Sen's photo, directing voters at the Pshar Doeum Thkov polling station in total violation of the election rule.
CPP village chief standing in front of the polling station in Phsar Doeum Thkov. The NEC regulation prohibits his presence there.
CPP village chief standing in front of the polling station in Phsar Doeum Thkov. The NEC regulation prohibits his presence there.
A NEC officer gave out numbers to voters at the Phsar Doeum Thkov polling station, in total violation of the election rule.

Party Frustrations Reflected in Complaints

By Reporters, VOA Khmer
Original reports from Cambodia
28 July 2008

Khmer audio by Seng Ratana in Kandal
Khmer audio by Thida Win in Svay Rieng
Khmer audio by Chiep Mony in Kampot
Khmer audio by Pich Samnang in Kampong Cham

Non-ruling party officials lodged a number of complaints across Cambodia Monday that reflected a variety of irregularities in Sunday's polls.

In at least five provinces, the complaints included voter intimidation, vote-buying and the omission of names from voting registries.

Parties had until 11:30 am Monday to file Election Day complaints.

Hang Puthea, executive director of the Neutral and Impartial Committee for Free and Fair Elections in Cambodia, said that despite the complaints, the number of irregularities had declined from past elections.

The opposition Sam Rainsy Party filed three complaints to commune election officials in Kandal province Monday, claiming irregularities in Sunday's election.

The first complaint was made for Koh Dach commune, Muk Kampul district, where village chiefs allegedly intimidated voters by claiming "those who have taken money from the CPP must vote CPP," said Chan Cheng, SRP lawmaker for Kandal province.

The opposition party filed two more complaints for Chey Thom and Ta Ek communes, Kasek Kandal district, where SRP observers saw CPP village chiefs providing a 1018 form to CPP supporters whose names were on the registry but who did not have identification to vote, Chan Cheng said.

The 1018 is a standard administrative form used to identify residents of villages who have lost their ID cards, but the National Election Committee has said they are not a valid form of identification for voting.

Officials from at least four different parties across five other provinces complained of similar irregularities, and in some cases they declared the vote count was invalid.

In Kampong Cham, Sam Rainsy, Norodom Ranardiddh, Human Rights and Funcinpec parties rejected the election results due to numerous regularities.

In Svay Rieng, the Sam Rainsy, Human Rights and Norodom Ranariddh parties refused to recognize the vote count, saying irregularities had marred the process. The Hang Dara Democratic Movement Party, meanwhile, endorsed the Svay Rieng result.

The Sam Rainsy and Norodom Ranariddh parties filed complaints with commune election committees over the omission of voter names in Kampot province, where the Norodom Ranariddh Party filed a complaint against a provincial election committee official who allowed supporters wearing CPP shirts to vote and the Sam Rainsy Party filed a complaint against irregularities in O'Chouk district.

In Pailin, a commune election committee denied receipt of complaints from the Sam Rainsy Party, saying party members had missed the deadline. Officials said they would file to provincial officials.