Election
Reforms
(i) Introduction
The third National Assembly Election, which took place on 27 July 2003, drew praise from both national and international monitoring organizations for the improved organization and implementation of the electoral process in Cambodia. Yet, there were some concerns raised as to the neutrality of the election environment and management. According to the statement made by the meeting of Analysts Team on Cambodia in 2002, issues and recommendations on election reforms were raised urging complete democratic implementation aimed at improved governance for reducing poverty in Cambodia.
This new statement will highlight implemented results, and raise some more priority issues that demand immediate reforms before the next general election takes place. This statement will also raise some new priorities including the Senate Election.
The following Priorities and Recommendations represent the views gained from discussions amongst election monitoring organizations (EMO) and other Human Rights and democracy NGOs.
(ii) Key Issues
Restructure the NEC with clear procedure for recruitment and selection written into the Constitution
Although the National Election Commission (NEC) was restructured prior to the 2003 election, from 11 to 5 persons, it was noted that problems arose in relation to the procedure for selection, including the failure to follow open guidelines. Thus the selection of candidates for the NEC was made by the Ministry of Interior, which is under the control of the government and regarded as being led by the ruling party. Three of these candidates are selected by the Ministry of Interior’s CPP-appointed Co-Minister and the other two are selected by the Ministry of Interior’s FUNCINPEC-appointed Co-Minister before being submitted to the Council of Ministers for approval and the National Assembly for the final vote of approval.
If we examine the NEC’s composition and its members at all levels, it would appear that most are from the ruling party with a small number from FUNCINPEC. According to a study carried out by the Committee for Free and Fair Elections in Cambodia (COMFREL), in the Provincial Election Commissions (PEC) 70 percent of officials were affiliated with the CPP, 20 percent with FUNCINPEC and the other 10 percent from the public. Several parties were unhappy at this balance and raised the issue of whether the NEC and its subordinate bodies were in fact neutral. A lack of trust in the bodies that organize the election and enforce the election law ultimately undermines the overall process and final result.
The electoral system should be revised so as to encourage independent
candidates:
The Cambodian electoral process remains based upon a system of proportional representation. There are concerns that the current system does little to encourage National Assembly members to communicate with the electorate regarding their actions as elected officials and the discharge of their election promises.
At the same time the system gives power to political leaders in relation to listing representative candidates and the commune/sangkat council. Elected representatives and the commune/sangkat council have been threatened with expulsion from their positions, if they did not work towards the parties’ interests. The stranglehold of the large parties over the political process combines with the current system to prevent independent candidate from standing for election.
A quota should
be established by which women members make up at least 30 percent of those on
political party/government positions
In the 2003 Election, about 25 percent of registered candidates were women. However, the number of female candidates actually elected was as low as for the previous Assembly: only 9 percent of 123 parliamentarians. This is because the political parties did not have the real will to encourage and provide the opportunity for women to be elected [and put female candidates in a low position on their party lists]. Specifically, 493 women (equal to 25.88 percent) were registered as candidates and 12 of them were voted into the Assembly as a result of the 27 July National Election, 2003. In the 1998 election, 603 women (equal to 16.91 percent) were registered as candidates and 14 women were voted into the Assembly. Therefore, Civil Society urges the government and all political parties to improve the representation of women by encouraging them to stand as female candidates [and giving them higher positions on political party lists].
Strengthening the competence and power of an independent tribunal to deal with election law violations
In the 2003 election, the NEC once again failed to effectively operate an effective complaints system. The procedures dealing with complaints were ineffective in their drafting and operation to punish electoral law violators and enforce the law in relation to serious problems such as vote buying and cases of intimidation. A large number of cases, especially at the CEC level were dealt with through procedures of conciliation rather than a hearing. This conciliation procedure did not deter electoral violations; rather it seemed to encourage perpetrators to continue to act and increased the culture of impunity. At the same time, jurisdictional problems arose in relation to the NEC’s competence and that of the courts in relation to different types of election offence. The law needs to be clarified and the roles of all bodies made clear. Finally better training of election officials needs to take place in order that they have a full understanding of the electoral complaints procedure.
Access
To Media
Media access is largely controlled by the ruling party, especially broadcasting. However, compared to previous elections, it can be concluded that there has been progress in campaign broadcasting in the 2003 election. This has been as a result of activities undertaken by national and international civil society in establishing programs such as voter education, political debates, and equitable political news broadcasts.
Strengthening non partisan Election
Monitoring Organizations (EMO):
In accordance with previous election monitoring experience, we draw concern on the acts of the Government/Ruling Party that try to create a mechanism of actively using their influence to affect the neutrality and work of NGOs’ monitoring of the election. For instance, in the 1998 National Election, the Government/Ruling Party supported one candidate to become the NGO representative on the NEC, though there was displeasure expressed by civil society. Since 2002, the year of the Commune/Sangkat Council Election, the Government/Ruling Party tried to establish an NGO Coordination Committee on Monitoring Elections aimed at controlling EMOs, which may affect the independence of EMOs as a result. During the 2003 National Election, the ruling political parties supported a particular group of NGOs consisting of about 76 organizations. They are non-government organizations, but their actions absolutely support all acts of the ruling party. These factors caused public confusion regarding the neutrality of EMOs.
Senate Elections
His Majesty Samdach
Preah Norodom Sihanouk, King of Cambodia, refused to use his special privileges
to appoint Senators, who are not elected through the elections, stating, “The
Senate must be born from the people”.
An election is essential for the observance of, and
respect for, democracy and the Constitution in Cambodia. It ensures full
participation from all parties who will serve the public interest.
The
suggestion that a lack of finance in the country should lead to the appointment
of senators is not legitimate. A failure to organize an election because of a
lack of budget, for which the Government itself is responsible without exploring
ways to generate resources, will undermine the observance of democracy in
Cambodia.
Village
Chiefs selection
Article
30 of the Commune Council Administration Law states that "
for the purpose of improving the effectiveness of Commune/Sangkat
administration, each Commune/Sangkat Council has to recruit a village chief
under supervision of Commune/Sangkat....The Minister of Interior has to issue an
instruction on the process and procedures in recruiting the village chief,
replacing the village chief and his/her assistant."
Article 23
of Sub-decree 22 ANKR. BK states that the "village
chief represents all villagers in the village....".
According to the result of a survey of the Center for Advanced Studies conducted
by Western Watts, Inc. and Ayres, McHenry & Associates, Inc., (sponsored by
IRI) from 5 January to 10 February 2004, 90% of people support the election of
village chiefs.
There are
concerns that if village chiefs are appointed by political parties, this would
lead to obstacles to local development, including: political discrimination;
loss of solidarity, social unity, and effectiveness of
administration/management; lack of transparency in electing its representatives
in the village and reduced participation rights and self-decision making of the
people, which is assured by the Constitution.
(iii) Recommendations
Structure of the National Election Commission
Restructure the NEC with clear procedures for recruitment and selection written into the Constitution.
The legislative and executive branches should take full responsibility for the development of legislation on Senate elections and thereafter for the organization of this election.
Amend Chapter 3 of the National Assembly Election Law in relation to the NEC. In particular:
Recheck the structure of the NEC, keeping a five person membership but making sure that they are not political representatives, hold positions in the government or key national institutions within 3 years of being appointed to the NEC.
Members should be independent, neutral, non-politically affiliated, competent and of good reputation.
Members should hold a higher education advanced degree, and/or have been in a post such as a judge for an extended period, and/or be of good reputation. Female candidates should be encouraged.
In terms of the nomination procedure - a recruitment commission should be established made up of: representatives of political parties as members of the National Assembly, non-government organizations and the Cambodian Bar Association.
The names of candidate’s names should be released to the public in order to encourage their feedback before being submitted to the National Assembly for confirmation.
Members of the electoral body should have immunity or privilege as per National Assembly members.
To strengthen the function and competence of NEC members, an independent body should be established. This body should have the right to punish NEC members if they violate the election law.
The electoral system should be revised so as to encourage independent
candidates:
The Electoral System should operate on a mixed-voting system (individual and proportional systems combined) to provide the opportunity for independent individuals or groups to contest the election.
Political party and non-political party candidates should be able to contest the election in all constituencies.
Establish a quota of at least 30 percent of female candidates on all political party’s lists. This quota should also be stated in the electoral legal framework or the policy of each political party in order to provide women a more effective opportunity to take part in social and political affairs.
Female candidate’s names should alternate with male candidate’s names starting from the top of the candidate list.
Strengthen the competence and power of an independent tribunal to deal with election law violations
Increase the provision of information to and training of court officials, the police, and the general public on election complaints procedures.
Establish bodies to conduct hearings independent of the NEC and within the existing judicial framework.
The police at all levels should coordinate with polling staff of the sub-committee or department of investigation of the NEC.
Media Access
In order to improve information and debate, and the media monitoring of political platforms, both state and private run media must have procedures, guidelines and law regarding equal access to media.
State-owned media outlets should
provide airtime free of charge to NGOs for voter education programs.
The
law on broadcasting media should be established for TV and Radio.
Senate election:
Draft
and adapt a "Law on the Election of Members of the Senate". We and
other election stakeholders will encourage participatory discussions on the
draft Law on the Election of Members of the Senate, by members of the
National Assembly, government, civil society, donor community, political
parties and lawyers, in order to explore possibilities.
Donors
and government should support and finance the Senate Elections for it second term.
Village chief selection:
Conduct village chief elections lead by the people, which are simple, secret and have locally organized participation.
For more information on the issues raised in this paper, please contact:
Election Sectoral Group
Tel: 023-884-150/023-883-967
Email:
comfrel@online.com.kh and comfrel@forum.org.kh