Election law slammed

Election law slammed

Phnom Penh Post
Tue, 10 March 2015
and

The major political parties yesterday spent nearly five hours defending two election-related laws that have been criticised as deeply flawed by election watchdogs to an audience of hundreds at the National Assembly.

But the laws’ most vociferous critics – a coalition of NGOs called the Electoral Reform Alliance (ERA) – were not present to probe the parties after boycotting the meeting, which they slammed as a rushed consultation of little substance.

At the event, however – which was attended by some 500 officials, diplomats, civil society representatives, media and members of the public – it was evident that criticisms made publicly by ERA had been heard, even if they wouldn’t necessarily be acted on.

“I have heard that the draft [election] law is worse than the existing law. But those who say that have not read the existing law,” opposition election reform working group member Eng Chhay Eang told the audience.
“The previous law was very [bad].”

European Union Ambassador Jean-Francois Cautain, meanwhile, received a frosty reception from senior ruling party lawmaker Chheang Vun after raising concerns about the amended election law’s restrictions on what NGOs can do or say during the election period.

“It seems that Article 84 may be, to a certain extent, in contradiction or at least challenge Article 41 of your constitution [which guarantees freedom of expression] as well as the commitment of Cambodia in the International Covenant of Civil and Political Rights,” he said during question time.

Article 84 prohibits NGOs from “insulting” any party or candidate and releasing statements that show bias to any party, which groups have said could have a chilling effect on their willingness to speak out about irregularities at election time.
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NGOs to Boycott Election Law Workshop

NGOs to Boycott Election Law Workshop

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Mr. Rainsy said it was possible that the parties could amend the election law if issues are raised.

“It depends on the nature of the complaint. If there is any serious grounds to revise any articles or revise, we are prepared to do it but I cannot preempt what kind of questions will be asked or the seriousness of the concerns,” he said.

CPP spokesman Sok Ey San defended the content of the new election law, but said this morning’s consultation would be a legitimate chance for NGO leaders to provide input, even if only given two days to review the draft.

“The working groups only finished the draft the day before yesterday—how could it have been given to them?” Mr. Ey San said, adding that a boycott of NGO leaders would not concern him. “They can attend or not. It’s up to them.”

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What pseudo-democratic means to you?

ប្រជាធិបតេយ្យតែសំបកក្រៅ៖ បង្ហាញប្រាប់ប្រព័ន្ធនយោបាយដែលហៅខ្លួនឯងថាប្រជាធិបតេយ្យ តែមិនផ្តល់ជំរេីសដល់ប្រជាជន។ កង្វះខាតជំរេីសនេះអាចកេីតឡេីងពីចំនួនកំរិតនៃគណបក្សប្រកួតប្រជែងឆ្នោត កំរិតតឹងតែងរឿងការចុះបញ្ជីឈ្មោះនិងការិល័យបោះ ឆ្នោតដល់អ្នកបោះឆ្នោត កំហិតសេរីភាពដល់សង្គមសុីវិលលេីរឿងបោះឆ្នោត គ្រឹះស្ថាននៃអំណាចដែលមិនមានកែប្រែអ្វីបានតាមរយះសន្លឹកឆ្នោត មិនមានជំរីេសការបោះឆ្នោតក្រៅពីអ្វីដែលពោលមកខាងលេីសំរាប់អ្នកបោះឆ្នោតដែលចង់អោយមានការផ្លាស់ប្តូរនូវទំរង់នយោបាយបច្ចុប្បន្ន គ្មានច្រកផ្លូវប្រជាធិបតេយ្យបែបចូលរួមដោយត្រង់ ។ល។ និង ។ល។ ជាដេីម

pseudo democratic
Pseudo-Democratic: describes a political system which calls itself democratic, but offers no real choice for the citizens. This lack of choice can come from limited amount of diverse parties eligible for a vote, strict measures on voters registration and polling stations, limited participation in elections towards civil societies, cemented power structures which are not really affected by any vote, no availability of a voting option “none of the above” for voters who favour change to the current political landscape, no direct democratic means, et cetera …


The sore-loser proviso

Nearly half of the National Assembly’s seats were vacant during the first meeting of the newly formed parliament in 2014

Nearly half of the National Assembly’s seats were vacant during the first meeting of the newly formed parliament in 2014, after the CNRP boycotted the election results. Heng Chivoan

The sore-loser proviso

Fri, 6 March 2015
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The ruling and opposition parties have added a provision to a soon-to-be passed draft election law that aims to prevent any party winning seats in the National Assembly from subsequently boycotting parliament.

The decision comes after Prime Minister Hun Sen last month called on bipartisan working groups drafting amendments to the current election law to include a rule that would see boycotting parties stripped of their seats.

But the wording of the law, which was finalised on Wednesday, appears to still leave open the possibility of the same kind of boycott the Cambodia National Rescue Party launched in the aftermath of the 2013 poll after claiming the election had been rigged.

The draft law states that parties can be stripped of their seats if they boycott the opening session of the National Assembly presided over by the King, the swearing-in of lawmakers or when the assembly officially declares their validity – but only if the election was “free, fair and just”.

The law says this would be judged according to the constitution – determined by the Constitutional Council – and the election law, which is the domain of the National Election Committee (NEC).
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Parties Reach Deal on Changes to Election Law

Parties Reach Deal on Changes to Election Law
BY AND | MARCH 1, 2015

Following a deal struck to amend the election law on Saturday, the National Assembly will be expanded by two seats for the next national election, official campaign periods will be reduced from 30 days to 21, with four days for public rallies, and NGOs will be banned from “insulting” political parties during campaigns.

Meeting a self-imposed deadline to end talks by February 28, Interior Minister Sar Kheng and opposition leader Sam Rainsy emerged from a four-hour meeting at the National Assembly at about 8 p.m. Saturday announcing compromises on 10 remaining points of disagreement between the parties.

Opposition leader Sam Rainsy, left, and Interior Minister Sar Kheng shake hands before leading the CNRP and CPP in negotiations over amendments to the election law at the National Assembly on Saturday. (Siv Channa/The Cambodia Daily)

In a press conference that lasted only three minutes and offered no details about the deal, the two leaders said the law would soon be sent to the National Assembly to allow the new bipartisan National Election Committee (NEC) to be formed.

“We have settled all the remaining points within the spirit that we have promoted—the spirit of national reconciliation, based on the culture of dialogue initiated by both parties—and showed that the culture of dialogue has positively brought with it fruitful results,” Mr. Rainsy said.

Mr. Kheng made brief remarks in support of Mr. Rainsy’s comments before the pair left without taking questions.

“I want to completely support what Excellency Sam Rainsy…has just said,” Mr. Kheng said. “Throughout this evening, the leaders of lawmakers from both parties have worked together with a spirit of responsibility and endeavored to compromise to resolve all the remaining issues.”

Working groups from both parties have been drafting amendments to the election law since last year, but left aside disagreements on issues such as voter identification and parliamentary seat counts for their leaders to discuss.

The new law is part of a series of reforms agreed to by Prime Minister Hun Sen in July to convince the CNRP to end its 10-month boycott of parliament.

The CNRP had said the 2013 election was rigged, but agreed that it would accept its seats if the NEC was reformed.

Mr. Rainsy said by telephone on Sunday that the CPP added five points for negotiation on Saturday, but that only Mr. Hun Sen’s recent proposal that parties who boycott parliament have their seats transferred to other parties was left unresolved, being put aside for further talks soon.

“Most of the remaining 15 points were resolved in a matter of minutes and there were only two or three stumbling points. The first one was the 1018 forms, which the CNRP considered the most important,” Mr. Rainsy said.

Commune councils issue the 1018 forms as proof of ID to registered voters who do not have national ID cards. The CNRP has accused the CPP, which controls almost every commune, of using them for voter fraud.

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ការសម្គាល់អត្តសញ្ញាណអ្នកបោះឆ្នោត គឺជាប្រភពនៃក្តីបារម្ភដ៏ធំ ក្នុងការកែទម្រង់ការបោះឆ្នោត

២៧ កុម្ភៈ ២០១៥ / 27 February 2015 – Election reform (see further)

ការសម្គាល់អត្តសញ្ញាណអ្នកបោះឆ្នោត គឺជាប្រភពនៃក្តីបារម្ភដ៏ធំ ក្នុងការកែទម្រង់ការបោះឆ្នោត

Voter Registrationជាឧទាហរណ៍មួយនៃតម្លាភាពក្នុងកិច្ចការប្រទេសជាតិ ខ្ញុំសូមចែករំលែកជាមួយសាធារណជន នូវកង្វល់ដ៏ធំរបស់យើងមួយ ក្នុងដំណាក់កាលចុងក្រោយ នៃកិច្ចចរចាស្តីពីការកែទម្រង់ការបោះឆ្នោត រវាងគណបក្សប្រជាជនកម្ពុជា ដែលជាគណបក្សកាន់អំណាច និងគណបក្សសង្រេ្គាះជាតិ ដែលជាគណបក្សក្រៅ រដ្ឋាភិបាល។ កង្វល់នេះ គឺទាក់ទងទៅនឹងបញ្ហាកំណត់ឯកសារ ដើម្បីសម្គាល់អត្តសញ្ញាណអ្នកបោះឆ្នោត ជាពិសេស ក្នុងករណីអ្នកបោះឆ្នោតខ្លះ មិនទាន់បានទទួលអត្តសញ្ញាណប័ណ្ណសញ្ជាតិខ្មែររបស់ខ្លួន ឬក៏អះអាងថាបានវង្វេងបាត់ នូវអត្តសញ្ញាណប័ណ្ណសញ្ជាតិខ្មែររបស់ខ្លួន មុនថ្ងៃបោះឆ្នោត។

គណបក្សប្រជាជនកម្ពុជា ដែលគ្រប់គ្រង ៩៨ ភាគរយ នៃអាជ្ញាធរឃុំ-សង្កាត់ ចង់ឲ្យអាជ្ញាធរឃុំ-សង្កាត់ទាំងនោះ បន្តបញ្ចេញទម្រង់បែបបទ ១០១៨ ជាឯកសារជំនួសអត្តសញ្ញាណប័ណ្ណជាតិ ដើម្បីឲ្យប្រជាពលរដ្ឋដែលគ្មានអត្តសញ្ញាណប័ណ្ណជាតិ អាចបោះឆ្នោតបាន។ ទម្រង់បែបបទ ១០១៨ នេះ បានត្រូវគេប្រើប្រាស់លើកទីមួយ ក្នុងការបោះឆ្នោតជាតិឆ្នាំ ២០០៨ ហើយពេលនោះវាបានធ្វើឲ្យមានភាពច្របូកច្របល់ ប៉ះពាល់យ៉ាងខ្លាំងដល់លទ្ធផល នៃការបោះឆ្នោត។ ទម្រង់បែបបទ ១០១៨ នេះ បានត្រូវគេបញ្ចេញសារជាថ្មីទៀត ក្នុងការបោះឆ្នោតជាតិឆ្នាំ ២០១៣ ដោយអាជ្ញាធរឃុំ-សង្កាត់ដដែលជាអ្នកបញ្ចេញ ដោយគេឲ្យឈ្មោះថ្មីហៅថា “លិខិតបញ្ជាក់អត្តសញ្ញាណ”។ តែឯកសារ ២ នេះ ទាំងទម្រង់បែបបទ ១០១៨ ទាំង “លិខិតបញ្ជាក់អត្តសញ្ញាណ” គឺមានសារធាតុដូចគ្នា ហើយបាននាំមកនូវភាពច្របូកច្របល់ដូចគ្នា។

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