A/HRC/21/63
61.
The Special Rapporteur is concerned at the information that he has received
concerning low voter turnout, a decreasing trend in voter participation and voter
fatigue and frustration with the current electoral system. There are several reasons
why an individual may choose to opt out of participating in the electoral process. In
many cases, however, people do not choose to abandon their right to vote, but face
such significant barriers that they are effectively disenfranchised. Expressing
frustration with the existing electoral process, a Cambodian citizen wrote in an
individual petition to the Special Rapporteur that, if the current state of affairs
continued, the ruling party would win the elections forever and that there was no hope
for other political parties.
62.
The Special Rapporteur is of the view that, for the electoral process to be
credible, to be seen to be credible and to command legitimacy in relation to the
outcome of the elections, the Government, the National Election Committee and the
provincial election committees should ensure conformance to international standards
before, during and after the casting of votes. If the electoral process is unable to
command the trust and confidence of the electorate, the very foundation of the
Cambodian political and constitutional architecture embodied in the Paris Peace
Agreements will be shaken and the country may run the risk of a return to violence.
The Government must therefore do its utmost to avoid such a situation. Of course, the
country needs political stability to accelerate the process of economic development,
but that stability should be founded on fairness, equity, transparency, legitimacy and
a level playing field to enable all political actors to make an equitable contribution to
the country’s governance. The international community in general and the United
Nations in particular have invested much in Cambodia since 1991 to assist it to move
towards a stronger democracy, genuine rule of law and greater respect for human
rights. The rights to democratic governance and to participate in free and fair
periodic elections are crucial for any democracy, but this holds especially true for a
country in transition such as Cambodia.
63.
The objective of electoral reform should be to ensure that no violations of
electoral laws take place and that the laws themselves conform to international
standards. Government interlocutors often respond to the Special Rapporteur that
their procedures are in accordance with existing law. What is needed, however, is for
the laws to be compatible with international standards flowing from treaties ratified
by Cambodia and jurisprudence developed by treaty bodies and with the principle of
the rule of law. Cambodia should rise above a mechanical application of democracy
and the rule of law and implement the fundamental principles and spirit behind the
notion of the rule of law.
64.
Voting should not be a privilege but a right of each and every citizen and it is a
duty of all State organs to facilitate the exercise of that right. This is especially so on
the part of the executive, which must demonstrate the political will needed to
undertake serious reform of the electoral laws and processes in Cambodia. The
country has come far enough to aspire to hold elections that meet international
standards. As a country that has ratified many international human treaties and that
currently holds the chairship of ASEAN, Cambodia should aspire to be a model in the
region when it comes to holding free and fair elections and should do better than
many States whose democracy remains in its infancy. The Special Rapporteur
therefore wishes to draw the Government’s attention to the following issues that must
be addressed in the lead-up to the National Assembly elections scheduled to take place
in July 2013.
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