A/HRC/21/63
VII. Recommendations
65.
The National Election Committee should have independent and autonomous
status in the constitutional and legal structure of Cambodia, with its own independent
budget allocated by the parliament. The president and members of the Committee
should be drawn from a pool of retired senior judges, senior and distinguished
members of the Cambodian bar and senior professors of law, politics and public
administration.
66.
There should be consensus among the major political parties represented in the
parliament on the appointment of the president and members of the National Election
Committee and the provincial election committees.
67.
The Government should initiate a process to amend article 13 (new) (2) of the
law concerning the National Election Committee and other relevant articles to ensure
that, within the composition of election bodies of all levels, there is balanced
representation of all political parties with representation in the National Assembly.
68.
The president and members of the National Election Committee and the
provincial election committees should be appointed for a fixed term and have security
of tenure. They should be barred from holding positions in political parties during
and up to two years after the expiry of their terms of office.
69.
The Special Rapporteur has reviewed the mechanism to resolve electoral
disputes and is of the view that it should be improved. Currently, the election officials
themselves are entrusted with the task of resolving preliminary election disputes. To
increase the confidence of all political parties in the election process, there is a need to
amend the law and to create another institution, such as a special election tribunal or
election court within the judicial structure of Cambodia or as a special election
tribunal within the National Constitutional Council to resolve election-related
disputes, rather than using the National Election Committee itself to do so.
70.
All major political parties should have fair and equal access to the mass media
to convey their messages to the electorate. This should include the opportunity to
broadcast their message during primetime viewing hours. The way forward could be
to establish an independent committee on the management and use of State-run
television and radio stations, allowing all major political parties that are represented
in the National Assembly to fully use the stations until the day of election campaign on
an equal footing.
71.
Another issue is the use of State resources, including the time of Government
employees, motor vehicles and materials, by political parties during their
campaigning. The Government must ensure that all civil servants, police and military
personnel do not participate in political activities or use Government resources while
working in their official capacities, and that neutrality is paramount.
72.
For the elections to be credible, all opposition parties must be free to organize
and campaign without fear and hindrance. Elections are not only about polling day,
but also the overall human rights context in Cambodia. The Special Rapporteur has
been informed of cases of harassment and intimidation of people attending party
political meetings of opposition parties by Government officials and the secret police.
The Government must therefore ensure that opposition parties are free to carry out
their political activities without harassment and intimidation not only around the
dates of elections but also in the lead-up to the elections and throughout the
parliamentary cycle.
16
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