Newsletter:
Cambodia in review
A publication of the Royal Embassy of
Cambodia to the United States
February 1st, 1998
Vol. III No 24
Measures To Ensure Success For Free And Fair Election
Cambodia is now taking another historical step by holding a general election on July 26,
1998, according to National Assembly Chairman Samdech Chea Sim.
During an address delivered at the inauguration of a school building in Phnom Penh on December 27, 1997, Samdech Chea Sim outlined the measures and conditions to ensure that this election will proceed in a free and fair manner.
The National Assembly has just adopted the Political Party Law and the Legislative Election Law. These are the very essential laws, he said, "guaranteeing the continuation liberal democracy, political plurality and freedom of speech of our people."
"Our election law is the collection of valuable thoughts, senses, ideas and consciousness. It is an important key to establishing a democratic rule," he said.
Samdech Chea Sim emphasized that this election law has sufficient balance, which can guarantee that the next election will be conducted freely and fairly in direct response to both the fundamental wishes of the Cambodian people and to those in the international community. Especially, "we have adopted the law pertaining to the creation of a National Election Commission, with all its dependent and neutral characteristics. This Commission will be put in charge of and provided with the rights and authority to organize freely all the operations related to election," added Samdech Chea Sim.
"Besides, this law responds lively to the principles adopted by several nations in the world and to the existing realities in our country, guaranteeing equality, security, law and order, the absence of intimidation and violence, and has spelled out clearly enough the punishment to be leveled on those who abuse this law," continued Samdech Chea Sim.
In short, the election law, which has been adopted by the National Assembly, "has enough clauses to become one of the most important devices for future elections to proceed freely, fairly and credibly in accordance to the spirit of the letter inscribed in our Constitution," he said.
In order to ensure that the forthcoming election is free and fair, Cambodia would need "not as many foreign observers as we would need of the fair justice of politicians and political parties which will have to share in the responsibility of implementing the law justly, correctly and thoroughly," according to Samdech Chea Sim. "However much we have the desire to win, we would have to respect the law and must have the readiness to accept the defeat when the people do not give enough votes to win. Every politician and political party as well as advocates and campaigners of each political party, must accept the basic law, must uphold high discipline and avoid shedding blood and throwing epithets that will lead to more serious conflict and violence," he continued.
"Armed forces and responsible authorities of all levels of the Royal Government must remain absolutely neutral, in order to create an atmosphere of comfort, peace, law and order, and to avoid all actions which will cause turmoil or which distract the process of election," recommended Samdech Chea Sim.
"In order to ensure the success for the election, state and local administration, armed forces and both lay and religious citizens must contribute to the support of the work of the National Commission in order to help this Commission duly dispatch the work load efficiently in the real service of a peaceful election as overwhelmingly requested by our people," he continued.
Samdech Chea Sim warned "all politicians and political parties must polish their activities and their behavior in such a way that neither their activities nor their verbal pronouncements can poison the social atmosphere, nor can they affect the election process with bad influence."
As to the Cambodian parliamentarians, government officials and others who are still abroad after the events of July, they should by this time "be led by their reason and return to the Motherland and share in the future reconstruction of the country, in particular to put to use their political rights in the forthcoming election," recommended Samdech Chea Sim. "Time is not in favor for the voluntary delay of the exile of this sort," he said, adding that the national election cannot be postponed because "we have to wait for any particular person." Up to this moment, there has been "enough guarantee offered for personal security as well as there has been enough guarantee for a series of rights and freedom," assured Samdech Chea Sim.
Samdech Chea Sim also appealed to all Cambodians who are using lethal weapons in illegal military activities to foment rebellion to return immediately to the society in order to share in the election. "The struggle in the marquis, however extensive, can offer no meaning and no good benefit to anyone. Only a democratic election can guarantee you an equal chance and opportunity with the other Cambodians in having the access to national leadership. Election is the only precious and dignified means in our attempt to gather the national resources and strength to promote a solid national reconciliation and healing in the path of liberal democracy which can avoid for us the bloody war and the bitter division, caused in the past by ignorance and by dark and primitive ideologies," said Samdech Chea Sim.
A Complete Ceasefire And The Return To The Prior
Framework
On January 6, 1998, H.E. Samdech Hun Sen, Second Prime Minister and co-Commander in Chief of the Royal Cambodian Armed Forces, issued a statement outlining the Royal Government of Cambodia's positions for the establishment of a complete ceasefire in the country.
"In order to reach a complete ceasefire and the return to the prior framework, Prince Norodom Ranariddh must:
"The concrete steps to accomplish a ceasefire are as follows:
The armed forces that ally with the extremists must:
"As for its part, the Royal Government will accept the return of anyone whose name is on the military list prior to the July 1997 events by maintaining their ranks and positions as before," said the statement, adding "The Royal Government forces will take no actions against any area where the above-mentioned three criteria are met."
In another move, Samdech Hun Sen rejected on January 23 any speculation he would meet with Prince Ranariddh in Bangkok.
Samdech Hun Sen said he had accepted an invitation from Thai Prime Minister Chuan Leekpai to visit Thailand to discuss bilateral relations but dismissed speculation he might meet the prince for a ceasefire negotiation.
NEC Will Monitor The Polls As Neutral Body
The National Assembly approved on Jan. 26 the nominations for the National Election Commission (NEC) that is one among the chief factors making free and fair election possible in Cambodia.
The NEC, which was declared by the Election Law as a neutral body, will be composed of 11 members that will include a representative of a local NGO, one representative from all of the four political parties represented in the National Assembly, two citizens' representatives, and two members appointed by the Ministry of Interior. The president of the NEC will be Mr. Chheng Phon, former Minister of Culture and Information during the 1980s. The deputy president will be Mr. Kassie Neou, Head of the Cambodian Human Rights Institute.
The NEC bears the responsibility of preparing the election, appointing provincial and municipal election commissions, setting election regulations, determining candidate eligibility, monitoring the polls, resolving disputes during the polls, etc.
During a meeting with NGOs on December 23, 1997, co-Minister of Interior Sar Kheng assured about 120 attendants that the government will not try to influence the NEC so that it can stay neutral as it prepares for the July 26 election.
It should be noted that during the debate on the draft election law, the National Assembly took into consideration recommendations on how to ensure free and fair election made by NGO groups Committee for Free and Fair election (Comfrel) and the Coalition for Free and Fair Election (Coffel), the UN Center for Human Rights (UNHCR), UN Secretary General's Representative Lakhan Mehrotra, a group of Ambassadors, etc.
Draft Law On Constitutional Council
The Royal Government of Cambodia, during its plenary session on January 8, approved a draft law on the organization and operation of the Constitutional Council.
According to the law, the council will consist of 9 members: 3 members will be appointed by the King, 3 members by the National Assembly, and 3 others by the Supreme Council of the Magistracy. The Constitutional Council members will have a nine-year mandate.
The Constitutional Council, which will be an "independent institution", will have the duty to examine the Constitutionality of the laws passed by the National Assembly. It will also have the right to examine and decide on contested cases involving the election of National Assembly members. The decisions of the Constitutional Council shall have to enumerate their reasons and shall be adopted by two thirds of members.
The Constitutional Council will have the right to forward to the court complaints deemed not in its competence.
The draft law will be submitted to the National Assembly for discussion in the very near future. The law will pave the way for the establishment of the Constitutional Council, which is necessary for holding free and fair election scheduled for July 26, 1998.
EU Provides $11.5 Million For Cambodian Election
The European Union (EU) signed
on January 15 with the Cambodia's Ministry of Interior an agreement to provide ECU 9.5
million ($11.5 million) for the preparation and carrying out of free and fair election in
Cambodia. The agreement was signed during a visit to Cambodia from January 14-16 by an EU
delegation led by Mr.Gwyn Morgan, Head of the European Commission Southeast Asia Unit.
"The carrying out of democratic elections will be an important step in consolidating and further strengthening Cambodia's civil society," said Mr. Morgan in a press release issued by the delegation after signing the agreement.
According to the press release, the EU funds will be used for the following activities:
1. Training of Cambodian election officials and potential electors to ensure the timely
registration of all eligible voters, provision of registration cards to each eligible
elector and dissemination of information on registration.
2. Presence of independent observers to the electoral process, who can also provide legal
advice as required, from the time of registration of electors until the installation of
successful candidates into office.
3. Training of a core group of local journalists to ensure significant and valid coverage
of all opinions.
"The EU funding will help set up an electoral infrastructure, which will be a valuable asset for use by the Cambodian administration in future elections and for other purposes," continued the press release.
The delegation also met and discussed with Cambodian government officials the
cooperation between the EU and the Royal Government of Cambodia to coordinate a free and
fair election and the setting-up of an EU unit to monitor the preparations for the
election.
Mr. Morgan informed two Cambodian Prime Ministers that the European Commission had set up
a team that included Ambassadors of Britain, France, and Germany, and a EU representative
to work as partner of the Royal Government of Cambodia in deciding all matters relating to
use of EU funds.
During a press conference at the end of the visit, Mr. Morgan told reporters that the EU supported the return of Prince Ranariddh, but it rested with the prince to decide whether the situation in Cambodia was safe enough to return and participate in the election.
The EU did not consider the return of Prince Ranariddh a pre-condition for the EU's support of the election, stressed Mr. Morgan.
Cambodia Protests UN Officials Behavior
The Royal Government of Cambodia protested the behavior of the officials of the UN Center for Human Rights in Cambodia following the incident at Phnom Penh airport on January 5, in which officials of the center were trying to protect a Cambodian individual who was convicted by the courts of law of the country, and to escort him unlawfully out of the country.
"We must strongly protest the illegitimate and arrogant behavior of these UN officials who have gone far beyond the mandate of the local Canter for Human Rights and have grossly interfered in the internal process of the judiciary and law enforcing mechanism of a sovereign state which is totally unacceptable," stressed Cambodian two Prime Ministers Ung Huot and Hun Sen in their letter dated January 20 addressed to UN Secretary General Kofi Annan and UN High Commissioner for Human Rights Mary Robinson.
"If left unchallenged, this incident will create a very dangerous precedent, not only for Cambodia, but also for other sister countries where any illegitimate action would come under the protection of human rights group," continued the letter, copies of which were also sent to President and members of the Security Council, as well as all Permanent Representatives in New York and Geneva.
The "only mandate" of the UN Center for Human Rights in Cambodia, as clearly determined by the Commission for Human Rights in Geneva, is to "engage in technical cooperation activities on human rights," said the letter, adding "Only one officer was allowed to do monitoring work within the context of supporting the activities of the Special Representative for Human Rights (not Special Rapporteur) for Cambodia."
"The work of monitor means to monitor the activities of the legitimate police in a sovereign country and does not include the physical interference in the process of law and order being carried out."
"The uncivilized behavior of theses officers of the Center for Human Rights and their illicit actions on January 5 clearly and grossly violated their mandate," concluded the two Prime Ministers, adding "We demand that the officers concerned be severely reprimanded and be replaced by other officers unless they apologize to the superior of the police officers."
Cambodia And UNHCHR Move Closer To Understanding
The Royal Government of Cambodia and the UN rights chief apparently moved closer to reaching a mutual understanding on the country's human rights issues after a visit to Cambodia by UN High Commissioner for Human Rights Mary Robinson.
After a meeting with Second Prime Minister Hun Sen on Jan. 23, Robinson, whose four-day visit ended on Jan. 25, called the meeting "a full and frank and open discussion" while Samdech Hun Sen described it "a very positive" one.
Robinson and the Cambodian government agreed for international investigations into the genocide under the Khmer Rouge regime and into the UN Center for Human Rights' report.
She had also received assurances from both Prime Ministers that the government was not seeking to close down the center in Cambodia.
Robinson told reporters at a news conference that her trip and her mandate were about more than political issues and her discussions gave her hope of progress in areas such as landmine clearance, children' s rights, poverty, and education.
After the meeting with Robinson, Samdech Hun Sen presented to reporters four people--three military officers and one opposition journalist--who were people named in the report as missing or killed.
Besides these four, there were some other people who were still alive, said Samdech Hun Sen, adding that one had returned to the country from self-exile on Jan. 22 and another was to come on Jan. 23.
"How can you say the government is indifferent to the investigation. Today, we are showing you some people who were supposed to have died or gone missing.
"This proves that progress has been achieved and that the government is not indifferent," he said.
Robinson said the UN was happy to see any incorrect information in the
report clarified, adding that the investigation into the UN report was an important issue.
Le Figaro Convicted For Accusing Samdech Hun Sen
A French court on Jan. 23, 1998 fined the French daily Le Figaro for accusing Cambodian Second Prime Minister Hun Sen of the alleged "drugs trafficking and corruption" in a January, 1997 article, according to AFP.
The court said the paper had accused the Cambodian leader of two of the worst offences but had failed to back up its allegations quoting sources.
The court fined Le Figaro editor Christian Grimaldi and journalist Thierry Desjardins 20,000 francs ($3,300) each and ordered the paper pay 30,000 francs ($5,000) in damages, wrote AFP, adding that Le Figaro will also have to print the finding of the court in the paper.