Election Violated Peace Accords: Opposition

By Seng Ratana, VOA Khmer
Original report from Phnom Penh
25 August 2008

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The Sam Rainsy and Human Rights parties on Monday filed complaints over July's election results with two representative countries of the 1991 Paris Peace Accords.

The ruling Cambodian People's Party and the National Election Committee had violated the Accords and denied Cambodians a democratic election, the parties said Monday in complaints to France and Indonesia.

Opposition leader Sam Rainsy said he wanted the countries to intervene, but he declined to say how. The Accords require democratic elections, and Sam Rainsy said July's election had not been democratic.

The CPP has warned that the parties must participate in a swearing-in ceremony of the new National Assembly, scheduled for Sept. 24, or risk having their seats reallocated among other parites.

Both parties reiterated their plan to boycott that meeting in protest of the election results Monday.

Human Rights Party President Kem Sokha said the 18 national signatories to the Accords had a responsibility to ensure free and fair democratic elections.

"They must not only sign, but they have to follow what happens in Cambodia," he said. "Cambodia is not alone."

Sam Rainsy said more than 20,000 people had thumb-printed a petition claiming they were denied their right to vote in the election.

As many as 800,000 administrative forms had been fraudulently issued during the election, allowing nearly 1 million people to vote who were not eligible under election law, he said.

NEC Secretary-General Tep Nitha said Monday the parties had a right to complain to the international community, but the election body had done what the election law required.

Hang Puthea, executive director of the Neutral and Impartial Committee for Free and Fair Elections in Cambodia, said countries that signed the Peace Accords should issue some kind of response to the complaint, in order to demonstrate their continued roles in free and fair elections in Cambodia.

This is the first time parties have complained using the Accords, he said.

The complaints could cause the National Election Committee to pay more attention to regulations for the next election, he said.

ANFREL: "The election was maybe free, but not fair at all"

Polling and Counting Statement
ANFREL proposes Cambodia for Electoral Reform
Cambodia Election 2008

ANFREL appreciates the peaceful polling and counting on 27th July, 2008. Observers would like to express their gratitude to all polling officers who worked hard until the end of counting and thank to all security officers who secured all ballot boxes and assure a good quality electoral environment.

ANFREL however would like to raise some crucial issues and humbly propose few recommendations which may further enhance the Cambodia’s democratic practice in future through electoral reforms.

Opening Process
In order to increase transparency, instead of showing the ballot boxes at 6.00-6.30 am., it should be displayed at 7 am prompt (PS opening) before being sealed so that all political parties’ agents, observers and voters can be present to witness the process.

Voting Environment and its process
Voter list was the major concern in Cambodia’s July 27th Election. And as feared, many voters could not find their names in the list even thought they had been registered. Cases of ‘ghost voting’ and voter list’s manipulation must be investigated and such wrong doing must be punished. The current registration process and distribution of documents such as VIN must be re-structured and a serious penalty should be imposed on those who manipulate the system.

Many polling stations in remote areas were located in private houses where, besides a neutrality concern, no secrecy of vote can be secured. Unfortunately, there were some cases discovered where the voting process could have been controlled from the upper floor of such private houses.

Before being distributed to PSs, electoral documents were in many CECs secured improperly (often in areas with public access) freely open to any misuse.

Closing and Counting
As observed, most polling stations closed their polling at 3.00 pm. and continued the counting inside the polling station in due form.

ANFREL did not see many villagers come to observe the counting. Given the high interest of Khmer citizens in election, this might be caused by lack of information of this newly adopted procedure among voters.

Security
Observers are pleased that the election observation went on in a peaceful and calm environment. Fewer violent cases have been recorded compared to the previous elections.

However, the cases of people being attacked during the campaigning period must be investigated and the victims must be compensated. The accusation of SRP supporters being beaten up by the CPP in Battambang must be examined carefully and assistance must be sent to the affected families urgently.

Political parties
Electoral campaign in large cities was conducted relatively smoothly. Nevertheless, some political parties seemed to ignore a schedule and a venue provided by the election committee. This caused confrontations and fights between the party supporters.

Parties had used village chiefs and commune chiefs to influence the people’s voting decision. Even thought there is a regulation that prevents the village chiefs to be present inside the polling stations before and after they cast their vote, political parties used their canvassers or supporters to influence the voters during the day of election instead.

Complaints
Many CEC members were clearly unwilling to assist in finding out a solution to the initial complaints filed by the people whose names were missing in the voter list or faced other election related problems. Many people went to file their complaints to opposition parties. Observers believe that the electoral violations must be handled according to the law so that the culture of injustice is not further embedded in the society.

Recommendations for future Electoral Reform

• In order to bring fairness to the political campaign of all the political parties, it is time to introduce a campaign finance regulation or law to Cambodian legal electoral framework.
• NEC and the Police should implement the law and impose a clear regulation to prevent government and political parties to use government resources for their electoral campaigns.
• Voter list should be reviewed according to the registration, family book and ID cards. Before the election day, NEC should provide one extra copy of voter list for the voters to be able to check their names at the CEC office during the entire pre-election period.
• As it was observed, polling staff often omits to control fingers for trace of indelible ink before voter cast her/his vote. The usual process of confirmation of voter’s presence (signature or thumb print) should be amended to the election law.
• Village chiefs, commune chiefs should not to be affiliated to political parties. Their assistance during a party election campaign should be strongly penalized.
• NEC should be politically more neutral; NEC commissioners should not be selected based on their political party membership. It is crucial for all commissioners to perform their work with no party interference.
• Ballot boxes should be entirely or at least partially (front side) transparent.
• An establishment of Permanent electoral court to handle electoral violations and to monitor work of the NEC should be considered and introduced for further discussion and future implementation. The law can be enforced for post electoral period to bring elected MPs, Ministers and PM to justice and to terminate their parliamentary work.

For further information please contact Ms. Somsri Hananuntasuk – Executive Director, Phone No: 099378802, email: anfrel@anfrel.org