Statement: ADHOC calls for Mid-Term Election to Solve Political Crisis
Phnom Penh, 20 December 2013 – The Cambodian Human Rights and Development Association (ADHOC) urges Cambodia’s two main political parties to resume dialogue and embrace an attitude of compromise for the sake of peace and stability in the country. Cambodia has been in a state of political deadlock since the 28 July 2013 elections to the National Assembly. ADHOC welcomes the commitment to peace so far expressed by both parties, as demonstrated not only in words but in the relative lack of political violence in the election and post-election period as compared to previous elections in the country.
ADHOC proposes both sides agree to a mid-term election that can provide a meaningful, lasting, democratic and most importantly peaceful solution to the current stalemate. Few countries have endured the level of political violence as Cambodia and both parties have a duty to ensure they act responsibly so that the country is not again scarred by conflict. ADHOC believes there is significant common ground between the ruling Cambodian People’s Party (CPP) and the opposition Cambodian National Rescue Party (CNRP). This common ground, as outlined below, can and should form the basis for an agreement to hold a mid-term election within a time-frame that is satisfactory to both parties and their supporters.
Since the July election the Cambodian National Rescue Party (CNRP) has repeatedly taken to the streets to protest what it perceives as widespread fraud and electoral irregularities. It is now threatening to block major highways. The CNRP has called for major reforms to the National Election Committee (NEC), which it claims is heavily bias toward the ruling Cambodian People’s Party (CPP). CNRP leader Mr. Sam Rainsy and his party argue that they won at least 63 seats in the election, and would have won more had the election been free and fair. The CNRP has put forward three solutions to Cambodia’s deadlock. The first of these is an electoral investigation; the second option is fresh elections and the third and final option is that Prime Minister Hun Sen resigns.
These have received short shrift from the CPP. Spokesperson Phay Siphan called the opposition’s options “baseless” and accused the CNRP of offending the constitution and the King. He also warned that once “the public interest cannot stand it [protest] any more, we can act.”[1] What action they would take is unclear, but violence must be avoided at all costs. In remarks made on the radio today, Mr. Hun Sen stated that he ascended to the position of Prime Minister through the constitution and if he descends, it will be through the constitution. He said very clearly that he will not step down, there will not be an election before the end of his mandate and that no roadblock will be allowed.
If the political crisis continues to escalate ADHOC can envisage two scenarios, neither of which is beneficial to the democratic process in Cambodia.
In the first instance, if the government orders state security forces to violently crackdown on protests this will only hurt the country’s image, and in turn its economy. Cambodia is a poor country reliant on foreign aid and capital. If the military is used to suppress the opposition the government will be condemned by the international community and Cambodia would risk losing vital foreign aid. Moreover, foreign investors would be put off from investing because of instability in the country. In order to restore legitimacy in the eyes of the world it is likely the government would have to organize fresh elections, leaving it in the same place it is now but having severely undermined its international reputation.
In the second instance, if the CNRP is swept to power in some sort of people’s power movement it will have come to power extra-democratically. Cambodia will not benefit from power being gained outside the electoral process. It could set a dangerous precedent in which governments are formed by mobilizing people to take to the streets, not through the ballot box.
ADHOC urges the CPP and CNRP to meet to discuss a compromise which would avoid any violence. For its part, ADHOC proposes a mid-term election in order to put the decision of who should rule the country to the people, but this time in an election that is not marred by irregularities.
It is vital that both parties realize the commonalities in their positions rather than the differences, and act with the interests of the country at the forefront of their minds. Leaders of both parties should not aggravate tensions to the point where Cambodia is again witness to violence on its streets. Caution and dialogue are crucial and would represent a level of political maturity that has been lacking in previous elections.
The Electoral Reform Alliance (ERA), of which ADHOC is a member, noted in a November 2013 report into the conduct of the 2013 elections that serious flaws have undermined the confidence of many Cambodians in the integrity of the elections and their results. These flaws include: eligible voters not on voter lists; invalid or duplicate names on the lists; the circulation of alternative documents for voting and a failure to update constituency seat numbers.[2] The ERA strongly supports the need to reform, starting with the establishment of an independent body to manage elections. The CNRP welcomed the ERA recommendations and said the ERA report could act as a blueprint for reform. For its part, the CPP has publicly acknowledged that reforms are necessary and Prime Minister Mr. Hun Sen has asked the Japan, Cambodia’s largest bilateral donor, to provide technical assistance in the reform process. Phay Siphan reaffirmed that reform is on the cards telling the Phnom Penh Post “it’s a done deal that there will be reform for the next election”.[3] Therefore, both parties agree that that Cambodia’s political power can only be contested through elections, and that reform is the way forward.
ADHOC believes that the next step is agreeing to a compromise date for when elections should be held.
The CNRP’s demand for both reform and an election in the next few months is unrealistic and contradictory. For meaningful electoral reform to take place sufficient time must be given to ensure that a new electoral body can properly fulfill its functions, otherwise the election will be marred by the same irregularities as the previous one. It is for this reason that ADHOC proposes a mid-term election in approximately two years.
The CPP’s acknowledgement that reform is necessary implies that it accepts that there were problems with the election on 28 July 2013. However, like the CNRP, it must compromise on when the elections should be held. By agreeing to hold an election mid-term following the reform process the party will have a chance to contest a fairer election, and if the party wins this election it does so with dignity and without the accusations of fraud and irregularities which may undermine its legitimacy. Moreover, it tells the outside world that Cambodia is earnest in its commitment to becoming a truly democratic country.
Both the CPP and the CPP have publicly asserted they wish to avoid violence. ADHOC notes that the relative lack of violence following the July elections shows that they are sincere in this assertion. In order that a peaceful solution to the political deadlock be realized both parties must continue to urge their supporters that non-violence is the way forward.
ADHOC and other NGOs have shown that they are ready to support the reform process and offer technical support. ADHOC again affirms that it willing to play a part in this process. For the sake of peace, stability and democracy in the country, ADHOC urges both parties take up the offer and agree to organize new elections in the next two years.
For more information, please contact:
Mr. Thun Saray, President of ADHOC: 016 880 509
Mr. Ny Chakrya, Head of Human Rights and Legal Aid Section: 011 274 959
Mr. Neil Loughlin, Technical Assistant: 092 648 318; loughlin.adhoc@gmail.com
