A/HRC/21/63
40.
In the National Assembly, 123 members are elected by a party-list system with
proportional distribution of seats. Assembly members serve five-year terms. In accordance
with article 100 of the Constitution, the President of the National Assembly and the two
Deputy Presidents advise the King on the choice of a dignitary from among the winning
party to form the Government. After the Assembly has given its vote of confidence to the
Government, the King issues a subdecree appointing the Council of Ministers.
41.
Since the end of the Cambodian conflict in 1991, Cambodia has held four general
elections (in 1993, 1998, 2003 and 2008) and two commune council elections (in 2002 and
2007).
A.
Commune council elections
42.
There are 1,633 communes in Cambodia. Each commune council comprises from 5
to 11 members, depending on demography and geography. Council members are elected
through a proportional system, where nationally registered parties can compete by
presenting a list of candidates. Their election is governed by the Amended Law on
Elections of Commune Councils of June 2006. The organization and administration of the
commune council elections is undertaken by the National Election Committee, which
appoints provincial, commune and polling station committees to oversee the elections,
pursuant to article 7 of the Amended Law. The formula for determining seat allocation is
rather complex, and is laid down in articles 23 and 27 of the Amended Law.
43.
Pursuant to article 45 of the Amended Law, to register as a candidate in the
commune council elections, a person must be a Cambodian citizen at birth, able to read and
write Khmer, be registered in the list of voters in the commune where he or she wishes to
be elected, and be at least 25 years of age on polling day. This potentially discriminates
against Cambodian citizens who were not born in Cambodia. Pursuant to article 49 of the
Amended Law, every person who intends to stand as a candidate is to have his or her name
recorded on the list of the political party with which he or she is standing. The political
party itself must be registered, in accordance with the Law on Political Parties.
44.
The commune council elections held in 2007 witnessed a significant increase in the
number of candidates and political parties competing, with 12 political parties registered
and 102,266 candidates in all 1,621 communes. Another positive development in the
registration of candidates was a 5 per cent increase in the number of women candidates in
comparison to 2002. The commune council elections held in June 2012 were only the third
since the conclusion of the Paris Peace Agreements. These elections were generally
conducted in a more peaceful and open environment than previous elections in 2007 and
2002. The National Election Committee demonstrated its ability to conduct good elections
at the technical level. As at 31 May 2012, the National Election Committee had
acknowledged 14,886 national and international election observers from 40 nongovernmental organizations and associations, and 22 special guests from the delegation of
the European Union to Cambodia and the embassies of France and Germany in Phnom
Penh. It had also accredited 512 national and international journalists from 53 media houses
to observe the elections. The 2012 commune elections showed some flaws in the electoral
process, however, especially with regard to the process of voter registration and voter
identity.
45.
To be registered as a voter in the commune council elections, a person must be a
Cambodian citizen, at least 18 years of age on the day of voting, resident in the commune
where he or she is going to vote, and be neither incarcerated nor certified by a competent
institution as insane or under guardianship at the time of voting. Voters must also have
registered to vote and be able to produce proof of their identity during the polling period.
This proof must show a photo, address, citizenship and birth date, and it is permitted to use
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