COMFREL's Final Assessment and Report on the 2008 National Assembly Elections

Press Release

Release of Final Assessment and Report
On
the 2008 National Assembly Elections

Phnom Penh, October 20, 2008 - The Committee for Free and Fair Elections in Cambodia (COMFREL) is pleased to release its final assessment and report on the 2008 National Assembly (NA) elections. This report includes findings, overall assessment and recommendations, as a compilation of COMFREL’s reports and statements published prior to the election campaign, during polling and immediately post-election, as well as an analysis of the election results. As with previous reports, analysis and recommendations seek to advance the debate on the reform and promotion of free and fair elections in Cambodia. Please find attached herewith the full report or check COMFREL's website at www.comfrel.org.

The report finds that, in terms of the general election environment, there was an improved and more politically secure climate this year in comparison with the 2003 National Assembly elections, including a relative improvement in media access; more active political party campaign activities; a decrease in the number of irregularities regarding technical admin istration and complaints inside the polling and counting stations; a reduction in the number of rejections of complaints regarding the election process, in particular during the election campaign period; improved technical election admin istration/performance; and increased knowledge and understanding of voter rights and responsibilities and democracy.

However, Cambodia in 2008 continued to experience a political environment not fully conducive to truly free and fair elections. There were some cases of violence in the days before the elections, related particularly to intimidation to limit political participation and freedom of expression. Voters were still subject to pressures preventing them from making a choice, either according to their conscience or on the basis of proper information. There is persistent fear at every level of society of retribution from leaders, who can use their power to affect personal and family life. Insufficient efforts have been made to eliminate this factor from the Cambodian election scenario. In comparison with previous elections, some issues worsened, such as an increase in the number of civil servants, state authorities and armed forces personnel showing active participation in support of the campaign and networks strengthening the Cambodian People’s Party (CPP); an increased number of voters facing obstructions and complicated procedures during registration, voter list clean-up and the polling period; irregularities regarding the issuing of Form 1018; and problems surrounding candidate registration.

Based on the findings on the 2008 NA elections and other key developments in recent years, the prospects are risky with regard to Cambodia’s progress towards democracy. Democratic and efficient governance depends on essential checks and balances – an effective opposition. These are unlikely to emerge in Cambodia with “Winner Takes All” control of state institutions from 98% of 13,755 village chiefs to all the NA’s commission chairs/deputy chairs increasing towards single-party rule. The constituency to elect Senate members consists of National Assembly and commune council members – with CPP members now controlling 73% of the NA and 70% of commune councils, the outcome is predictable. As part of decentralization reform to introduce provincial and district councils, a new “Organic Law” proposes to use a similar constituency. COMFREL will continue to advocate for direct elections by the public and to allow individuals to stand, not just party-approved lists, so that a better modern democracy can emerge.

For more information, please contact:
Tel: (+855) 12 942 017 / 845 091 or (+855) 23 884 150

EU election obervers: "Lack of confidence in the neutrality and impartiality of the National Election Committee (NEC)"

EU EOM chief observer Martin Callanan presents the key findings and recommendations of the mission’s final report, released Tuesday. (Photo by: Vandy Rattana)

2008 election was peaceful but flawed: EU observers

Wednesday, 15 October 2008
Written by Sebastian Strangio and Vong Sokheng
The Phnom Penh Post

Click here to read the EOM report in English (PDF)
Click here to read the EOM report in Khmer (PDF)

EU election monitors highlight voter registration, neutrality and the local media environment as key concerns in their final post-election report

THE European Union Election Observation Mission (EOM) has released its final assessment of the July 27 national election, calling on the government to address a number of irregularities it claims marred an otherwise peaceful poll.

"While the campaign was generally conducted in a more peaceful and open environment compared to previous elections, the 2008 National Assembly elections fell short of a number of key international standards for democratic elections," EOM chief observer Martin Callanan said at a news conference Tuesday.

Echoing the EU's July 29 provisional assessment, the final report notes the "lack of confidence in the neutrality and impartiality of the National Election Committee (NEC)", and concludes that there were "a significant number of mistakenly disenfranchised voters" due to the deletion of names from voter lists.

It also calls attention to the overwhelming media dominance of the ruling Cambodian People's Party, which "may have undermined the ability of the Cambodian electorate ... to make an informed choice".

Among its recommendations, the report calls on the government to "take credible steps" to ensure the neutrality of the NEC at all levels and to abolish the use of Statement of Identity Form 1018, which it claims was fraudulently issued at polling stations.

Callanan also highlighted the importance of a free media environment, calling on the government to establish "an independent broadcasting regulatory authority to be responsible for the distribution of licences and frequencies to broadcast media on an open and transparent basis".

Two steps forward...

Tep Nytha, general secretary of the NEC, said he welcomed the EOM's input, but said critics should not overlook the NEC's achievements. "The July 27 election reflects another step of the development of democracy and was evaluated positively by national and international stakeholders," he said, adding that the NEC would only take time to consider recommendations that "comply with electoral law".

...and one step back

But Koul Panha, executive director of election monitor Comfrel, said the recommendations represented clear shortfalls in the election process. "The recommendations they give point to the election's problems," he said, adding that the EU involvement was in a good position to convey pressure over the conduct of the election.

"This is a very sensitive political topic," he said. "If we depend on the government's action, I don't know if anything will happen. We may need some pressure for the government to improve the electoral process."

Many Factors Availed CPP Sweep: Monitors

By Pin Sisovann, VOA Khmer
Original report from Phnom Penh
01 September 2008

The ruling Cambodian People's Party had among other assets a broad political organization to help its big win in July, election monitors say.

The ruling Cambodian People's Party did even better than its own predictions in July's election, and monitors said in recent interviews it had done so by exploiting the election process and a position of advantage rather than an outright theft of votes.

The CPP dominated the polls in July, winning 90 of 123 National Assembly seats, more than enough to enact legislation, quorum and amend the constitution.

The opposition Sam Rainsy and Human Rights parties have accused CPP of stealing votes, but two top monitors said last week that the CPP was able to earn a high number of seats through myriad factors much more complicated.

These included loopholes in the election law, the deletion of voter names from registries, the abuse of administrative forms, widespread use of state assets and local authorities and the help of broadcast media, according to Koul Panha, executive director of the Committee for Free and Fair Elections, and Hang Puthea, executive director of the Neutral and Impartial Committee for Free and Fair Elections in Cambodia.

Koul Panha pointed out that the election law didn't stipulate a budget limit for campaigning, giving the CPP another advantage.

"A lot of upper-hand factors" have not been investigated, he said, "such as money and materials, giving out money to voters, support from local officials who knew which groups of people would vote for what party, messy voter lists and irregularities."

"The loopholes in the law and management of the election did not guarantee a fair election," he added.

The CPP also leveraged other advantages, such as a widespread political organization, the construction of infrastructure and a pre-election row with Thailand over Preah Vihear temple, both monitors said. Broadcasts on television and radio amplified these factors, they said.

"The CPP used the media to propagate its achievements and attract voters," Koul Panha said.

Commune and village chiefs were also a decisive factor this year, Hang Puthea said.

These authorities were able to exercise pressure on voters through a local ballot count, a new procedure this year that allowed them to identify opposition supporters, Hang Puthea said.

Local officials were able to instill bias by warning voters that the CPP would need to win in order for a community to have peace and security, he said.

Though many of the winning factors did not meet international standards for a fair and free election, both monitors said, the CPP also had legitimate reasons for winning seats.

These included economic achievements of the party, its grassroots political networks, powerful officials that solved some crises ahead of the election, and the party's ability to lure supporters away from its rivals.

National Election Committee Chairman Im Suosdey denied the CPP had unfair advantages in the election.

NEC officials followed election law without giving advantages to the CPP, he said, including in the recruitment of officials, the ballot count and throughout the complaints procedure.

Critics argue the NEC is dominated by a majority of CPP-appointed officials, and opposition leader Sam Rainsy said during hearings last week the Constitutional Council, which arbitrates appeals beyond the NEC, followed the CPP line as well.

"I don't think the election made any party gain the upper-hand over other parties," Im Sousdey said. "You claimed alleged upper-hand factors only after the election results had come out. It is not true. The NEC only abides by the law and doesn't want to give anyone the upper-hand."

Amendments to the election law will have to be done democratically, through legislation passed by the National Assembly, he said, and not through "groundless allegations" made by the losers of an election.

SRP lawmaker Son Chhay, however, said a biased NEC colluded with the ruling party to help it win, by allowing the use of state property and media in the election and not enacting a election finance law.

"The NEC is not independent," Son Chhay said. "It was created to help steal votes for the CPP. There is no neutral institution to file complaints with about the theft of votes. Going to the NEC, it is a puppet of the CPP. Going to Constitutional Council, it is the ruling party's puppet."

CPP lawmaker Chiem Yeap, who is also a member of the CPP's central committee, said the party had won its 90 seats legitimately.

Voters showed their gratitude to a party that liberated them from the Khmer Rouge, built peace, rebuilt the nation and its infrastructure and reduced poverty, he said.

"Let me ask you, where can a vote be stolen?" Chiem Yeap said. "The Sam Rainsy Party had agents who signed the proper electoral process report and party agents of all parties signed this to accept the election results."

The 90-seat win was a surprise, he said, but signaled a trend that could go on in the next commune elections and beyond. The party was looking for 84 or 85 seats this year, but it could win as many as 100 seats in the next general election, he said.

"As soon as I heard the NEC announcement of the unofficial result," he said, "tears of emotion came out of my eyes."