Introduction
Key Issues
Recommendations
Introduction
Cambodia's long-awaited commune elections have been repeatedly delayed since the original plan to hold since the first Royal Government of Cambodia (RGC) mandate. COMFREL strongly welcomes the current political will of the RGC in pushing forward the preparations for the elections and the setting of the election date on 3 February 2002, following the promulgation of the commune administration law and commune council election law.
Free and fair elections at the commune level will play an important role in expanding the space for democratic participation and empowerment of grassroots citizens in public decision-making, local development and especially poverty alleviation. Civil society organisations are keenly interested in contributing ideas and inputs for better laws, policies and government planning for the commune election. Several recommendations pertaining to the commune elections were included in the NGO Statement for the CG meeting in 2000. While leading figures in the government, National Assembly and Constitutional Council have given consideration to these recommendations, important concerns remain that are not adequately addressed in the current law.
In the following, we would like to reiterate some of our concerns put forward in our statement to the CG meeting in 2000 while contributing additional commentary with the aim of strengthening the process for the upcoming commune election.
Key Issues
Electoral System
The electoral system of proportional representation, employed in the 1998 National Assembly election, has been retained for the commune election, despite demands for a change to a system for direct election. According to consultations and surveys by NGOs, grassroots citizens overwhelming favour a system for direct election of members of commune councils. This system would also be more effective in holding the winning candidates accountable to their constituents.
Furthermore, we believe that a mixed system of direct election of candidates and proportional representation should be introduced for the upcoming National Assembly election. Accordingly, we call for an amendment to the Law for Election of the National Assembly to include a mixture of proportional representation and election of individual candidates as a means of giving more political rights to the people and extending opportunity for non-partisan independent candidates to run for public office.
Gender Equity in Elections
The issue of gender equity in elections refers to the need for increased women's participation to ensure proper representation in keeping with their democratic rights. Various leaders of political parties and the RGC have expressed commitment to strengthen the participation of women candidates in elections. Despite this, the concrete measures necessary to achieve this have not been included in the policies, plans and legal framework. Although some women have been encouraged to participate as candidates on political party list, their number remains small.
We urge the political parties to display solid political will on the issue of gender equity in elections. For this purpose, we suggest that the political parties adopt the solution of alternate listing of women and men candidates on their party lists.
Roles of NGO election monitors
Under the commune election law, the role of NGOs in monitoring the election is restricted by the provision in the commune election law that prevents election observers from launching any complaint about the process of the election. Added to this, the commune election law stipulates that the NGO monitoring role comes under the powers of the Coordinating Committee for NGOs (NGO CC) organised by the National Election Committee (NEC). The vague roles of the NGO CC stipulated in the law allows the possibility of manipulation that could compromise the independence of NGOs in monitoring elections, constrain activities through complicated procedures and exert some measure of control over the monitoring and education activities of NGOs. Despite these concerns, the three election monitoring organisations COMFREL, COFFEL, and NICFEC (the EMOs), have promised to actively and independently participate in the monitoring process of the upcoming election. The EMOs are discussing with NEC to guarantee that the draft of the procedure and regulations for the commune election ensures easy procedures and safeguards the rights of NGOs for independent monitoring and implementation of their voter/civic education programs.
Restructuring of NEC
In discussions between the EMOs and top leaders in the Government, National Assembly and three major parties, acknowledgement was expressed of the importance of restructuring the NEC to make it an effective institution capable of resolving conflicts and violence and conducting its duties in a neutral and impartial manner.
Despite this, the Commune Council Election Law assigns the organisation and supervision of the commune election to the NEC with the same 11 members as in the 1998 election. The Ministry of Interior and three political parties in National Assembly have agreed to change some members of the NEC, in particular to replace one member with a member of the Sam Rainsy Party. This offers hope for restructuring of the NEC reflecting a suitable political compromise among the three major political parties. Nevertheless, this arrangement would still fall short of respecting the principle of non-partisanship for the NEC. For next National Assembly election, a new law is to replace the articles establishing the NEC in the 1997 election law, setting out specific provisions for independence of the NEC as a neutral, non-partisan body responsible for the management of national commune and other election in Cambodia. This law should include transparent when necessary in the public interest.
Political Violence
The end of 2000 and the first few months of 2001 were marked by a rising incidence of violations of political rights reported by human rights NGOs, including killings, intimidations and threats. Against this, one positive improvement is the action taken by competent authorities in pursuing in a political-related killing case in Kampot by arresting and convicting the perpetrators. Nevertheless, this action still falls well short of what is needed to resolve other cases because of the ongoing culture of impunity. During this election, more effort on will be necessary the part of the government, judicial authorities and the NEC to institute an effective security mechanism for prevention of conflicts and violations of laws and human rights.
Neutrality of the Provincial Election Committee (PEC)
In a survey conducted in 2000 concerning the neutrality of the members of Provincial Election Committees (PECs) during the 1998 election, COMFEL found overwhelming disparities in political party affiliation. Using a variety of sources, COMFREL sought information on the neutrality and party affiliation of 126 PEC members in 17 provinces. 73 were members of the CPP, four of Funcinpec, three of the SRP and 46 had no known party affiliation.
COMFREL recently received a report that some political parties with members on the NEC have prepared lists of their members as candidates for PECs. COMFREL emphasises that the selection of election officials should not be tied to party affiliation. Improper handling of these appointments could seriously impact the independence, neutrality and credibility of the
PECs.
Civic and Voter Education
Recent research has shown that a majority of people and especially women lack information about the commune election and the importance of commune councils. Accordingly, civic and voter education by NGOs will play a vital role in the upcoming election. This will help fill any gaps in the work conducted by the NEC.
Independence of Election Monitors
In addition to voter education, the NGOs also have an important role in monitoring the commune election. As such, the NGOs must have a neutral and independent role from the NEC, political parties, and the RGC. The rights, independence and neutrality of the election monitoring NGOs should be stated clearly in the procedures and regulations for the commune election.
Recommendations
- The NEC and the RGC shall guarantee the safety and security of all voters and participants in the election process by disseminating publications, broadcasting appeals and taking various actions to prevent political violence, threats and intimidation.
- The NEC and the RGC shall institute stern measures and take effective action against any people, groups and parties who violate election laws and regulations including intimidation, threats and vote buying.
- The NEC and the RGC shall take positive measures to ensure the neutrality of authorities, civil servants and armed forces.
- The NEC shall enforce the principles of transparency in the selection of members of PECs to maintain neutrality and effectiveness.
- The NEC and the RGC shall take effective measures to ensure the compliance of state media, in particular radio and TV, with the "free of charge" principle in allocation of space and/or broadcasting time to NGOs for voter education programs, and for fair and equitable campaigns by the political parties.
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