A/HRC/24/36
to exercise their right to vote. The Special Rapporteur commends the initiative of the NEC
to undertake its own audit. He maintains his view that only a transparent check of the voter
registration list, conducted through a process that allows for corrections in case of errors,
will conclusively determine that exclusion from the list will not lead to a denial of the right
to vote of any eligible voters. There is concern that public confidence in the process and the
results of the election will be undermined.
40.
In order to allow the voter list to be verified in time for the election, civil society
organizations urged the NEC to post voter lists in all villages so that voters could easily
check their names and report any anomalies to the Commune/Sangkat Election
Commissions (CECs), which could then review and revise the voter list. During its meeting
with the NEC, the Special Rapporteur raised these issues. The NEC reiterated its refusal to
post the voter lists at village level for the reason that “the law, regulation and procedures do
not state about the posting of voters’ list in the village”.4 At the same time, the Special
Rapporteur noted that the NEC agreed to post the lists at the level of Communes/Sangkats
one month before election day and proposed the establishment of telephone hotlines and the
posting of the voter list on a website in order to facilitate the checking of the names. He
understands that the NEC has acted on these two points. The Special Rapporteur
acknowledges the significant improvements that they represent, while also noting that they
are nevertheless insufficient to ensure easy access to this basic information for the majority
of the population that inhabits the Cambodian countryside.
41.
Another measure proposed by civil society organizations to ensure the neutrality and
the independence of the CECs was to establish an ad hoc commission to recruit and accredit
CECs and polling/counting station officers involving members of political parties who hold
a seat at the National Assembly. This was rejected by the NEC.
42.
In addition, the Special Rapporteur notes that an excessive number of extra ballots
have been printed (more than 2.5 million more ballots than registered voters). He expresses
hope that every single ballot will be accounted for by the NEC, as this would go far in
alleviating some of the potential apprehension about the results of the election.
43.
The weeks following the Special Rapporteur’s visit were marked by intimidation
against opposition leaders through the use of legal actions such as their removal from the
National Assembly and the use of laws to penalize some of their alleged statements and
activities.
44.
On 5 June 2013, the 12-member National Assembly Standing Committee comprised
of legislators from the ruling party (CPP) decided to strip 29 opposition members of their
parliamentary status. While the question of the legality of this action is open to discussion,
this action resonates as politically motivated intimidation against the opposition parties.
This builds on a number of other developments that appear aimed at intimidating opposition
figures. The loss of their status also deprives opposition Members of Parliament of
parliamentary immunity, which impacts their ability to speak out safely and leaves them
open to criminal prosecution.
45.
Legal action, notably prosecution for defamation or incitement, has been used to
discredit the main opposition party, the CNRP. Kem Sokha, the acting President of the
CNRP, has found himself in several controversies which erupted into lawsuits filed against
him and threats of more.
46.
On 25 May 2013, a transcript of an alleged audio recording of Kem Sokha was
released by the Press and Quick Reaction Unit of the Council of Ministers, purportedly
4
Letter from the NEC (N. 05.22/13 NEC/S.G/PIB) dated 9 May.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents