A/HRC/21/63 C. Key challenges to the electoral process in Cambodia 51. The Special Rapporteur wishes to note that free and fair elections are underpinned by respect for international human rights norms. Article 25 of the International Covenant on Civil and Political Rights (to which Cambodia is a State party) provides that everyone has the right to take part in the conduct of public affairs in the country, and to vote (and to be elected) at genuine periodic elections that are to be by universal and equal suffrage and to be held by secret ballot, guaranteeing the free expression of the will of the electors. 52. Concerns were brought to the attention of the Special Rapporteur during his sixth mission. One was the use of State resources, including the time of Government employees, motor vehicles and materials, by political parties during their campaigning. The Special Rapporteur raised these concerns with the Deputy Prime Minister and Minister of the Interior, under whose ministry falls the responsibility for assisting the National Election Committee in the conduct of elections. The Special Rapporteur welcomes the assurances that he received that the Government would be instructing all civil servants, police and military personnel that they should not participate in any political activities while working in their official capacities (including the use of Government resources) and that neutrality was to be paramount. 53. Some political parties reported threats, intimidation and harassment (including legal proceedings) against their members and candidates. These are extremely worrying allegations. The Special Rapporteur is of the view that freedom of expression and of assembly is central to holding free and fair elections. To hold free and fair elections, the entire political environment should be free and conducive to exercising the rights and freedoms guaranteed in the Constitution and the international human rights treaties ratified by Cambodia. 54. Cambodian political parties are largely unregulated and generally have no clear democratic procedures for the selection of candidates. The party leadership controls the content of the list, making candidates more loyal to the party leadership than to their own constituents. This can also result in the arbitrary removal of candidates from lists, meaning that they then lose their seats. The combination of proportional representation and party-list systems results in the National Assembly being the weakest link in the Cambodian governance system. 55. Television is increasingly replacing radio in Cambodia as the primary medium through which to communicate with the voting public. Access to media was a key concern among political parties in previous elections. In 2007, equitable media access was granted to all political parties to disseminate their political platforms on at least one programme on one television station. The Equity News Programme, a joint United Nations Development Programme-National Television of Cambodia project, provided equitable access to all political parties on the national television channel TVK. Apart from this, however, extremely limited access to other television channels was provided to political parties for campaign purposes. The broadcast of debates among candidate on national radio also strengthened the principle of equitable access to media for all parties in their campaign activities. 56. The progress seen in the media sphere in the lead-up to the most recent national assembly elections in 2008 was marred by the closure of the Angkor Ratha radio station in Kratie in May 2008, the arrest and temporary detention on defamation charges of Moneaksekar Khmer editor Dam Sith in June 2009 and, in the worst incident, the murder on 11 July 2008 of Moneaksekar Khmer journalist Khim Sambo and his son Khat Sarinpheata. This crime remains unsolved and unpunished. The use of the State media by the ruling party during the most recent election was to a degree inconsistent with international standards on free and equal access to the media for all electoral contestants. All opposition 13