A/HRC/36/61 VII. Participation in the political process 59. The commune/sangkat elections were held on 4 June 2017; those elected commune councillors will then elect the members of the Senate. The elections appear to have been relatively peaceful. The final results have not yet been announced by the National Election Committee, although it is notable that the Committee has recorded a voter turnout of over 85 per cent. No substantiated reports of irregularities have been received, although the Committee reported receiving 79 official complaints. Observers reported improved electoral processes, including in terms of voter registration.4 Early indications are that the elections were undertaken in a fair, efficient and transparent manner. Reports have been received, however, on the perceived impact of the tense pre-election environment and the application of a range of laws to political parties and the media. 60. In the lead-up to the commune/sangkat elections, it was widely reported that government ministers made public statements using violent rhetoric, including threats of military deployment to quell any protests or unrest following the announcement of the results. Senior officials regularly issued threatening and intimidating public messages calling people to vote for the ruling party. Earlier in the year, there was negative, potentially inflammatory rhetoric from the main political parties. Equal access for all political parties to television and radio broadcasting time was allegedly not respected. 61. On the eve of the two-week designated election campaign period, the National Election Committee issued a code of conduct for the media on the elections. The document allegedly drew on election laws, press laws, the rules and procedures of the Committee and a range of Cambodian laws. Despite purportedly allowing the exercise of freedom of the press and dissemination of information, concerns were raised by many stakeholders over the implications for the media. 62. Concerns raised with the Special Rapporteur included the prohibition on the media to disseminate information deemed to be misleading or inciteful, publish information that may have an impact on political stability, disseminate “confusing” information and express the journalist’s own views. The use of many of these criminal provisions (on incitement, defamation, insult) has been criticized previously and the Government should ensure that the rights to freedom of expression and the press, based on pluralism, transparency and accountability, are respected and protected and that an open exchange of information between candidates, political parties and voters is encouraged. Article 142 of the Law on the Election of Members of the National Assembly and article 171 of the Law on the Election of Commune/Sangkat Councils were annexed listing some offences and sentences. 63. The Government should ensure that people’s right to vote freely and according to their conscience is respected, as also stipulated in article 51 of the Constitution. The Special Rapporteur received reports prior to the elections indicating that some opposition politicians were being threatened and obstructed from campaigning and that some civil society election monitors were being subjected to intimidation and harassment. It is important to prevent such intimidating behaviour ahead of the 2018 general election. Elections should be conducted in a fair and transparent manner, with full respect for the peaceful enjoyment of the rights and freedoms of all voters. 64. As the Special Rapporteur noted in her previous report (see A/HRC/33/62, para. 55), there were and remain specific concerns among many stakeholders with regard to the credibility of the 2017 and 2018 elections owing to the current political situation in the country. All parties must cooperate to ensure that the general election of 2018 can take place in a peaceful manner and that the results will be accepted by the Cambodian people. 4 Some observers will wait to release their reports until the official results have been announced. 15