A/HRC/21/63
parties received access to the State television channel TVK and the State radio channel
RNK according to election regulations, and time on a small number of private radio stations
without national reach. There appears, however, to have been a lack of equality in access.
For example, according to the final report of the European Union Electoral Observation
Mission to Cambodia 2008, the State television channel TVK devoted more than 900
minutes in its news programmes to the Government compared to four minutes to the
opposition.2 The dominance of the ruling party with regard to media access may have
undermined the ability of the Cambodian electorate to receive sufficient information about
the parties to make an informed choice.
57.
Increased intolerance since 2008 of the exercise of freedom of expression in
criticizing corruption, impunity and land-grabbing is likely to further affect the political
space available to opposition parties in the lead-up to the forthcoming elections. This has
already been evidenced by charges of defamation and incitement being levelled at
opposition members Mu Sochua (in April 2009) and Ho Vann (in July 2009) and charges of
destruction of property and racial incitement at opposition leader Sam Rainsy. Mr. Rainsy
was tried in absentia in January 2010 and sentenced to two years’ imprisonment in one case
and 10 years’ imprisonment in another, but remains in exile.
58.
Effective civic and voter education is another critical election component. Although
the National Electoral Committee has taken significant steps towards increasing
understanding of the right to vote and the formal procedure of voting (in particular by
disseminating voter information notices that explain to registered voters the process of
voting), that the National Election Committee continues to be dominated by supporters of
the ruling party has harmed its credibility. In addition, its operation of the voter registration
system has left something to be desired in previous elections: controversy over its handling
of voter registration during the 2007 commune council elections (in particular the removal
of many names from the register) was cause for concern at the time and similar concerns
were raised in relation to the commune council elections in June 2012.
VI. Conclusions
59.
The overall situation of human rights has improved over the years, especially
with the recent enactment of key legislation to this effect. There remains, however,
much to be done to fulfil the obligations of Cambodia under the international human
rights treaties that it has ratified. The Paris Peace Agreements established the rule of
law, human rights and democracy as major pillars of the new political architecture for
the country. Accordingly, the peace process cannot be regarded as complete until the
democratic institutions created under the Constitution are able to work effectively
and independently. The international community has a particular stake and
responsibility in this regard.
60.
The Special Rapporteur is aware of the very important role played by the
Government in strengthening democracy and improving the electoral process in
Cambodia. There remains, however, some way to go to achieve the objectives. It is in
this area that he wishes to offer his assistance and to have a meaningful and
constructive dialogue with the Government.
2
14
Available from
www.eueomcambodia.org/English/PDF/PDF/Final%20Report/final%20report/English/EU_EOM_Fin
al_Report_Com.pdf.
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