EN Official Journal of the European Union CE 88/8

(2004/C 88 E/0009)

WRITTEN QUESTION E-0278/03

by Gianfranco Dell'Alba (NI) to the Commission

(7 February 2003)

Subject: Irregularities in the election process in Cambodia

Is the Commission aware that serious shortcomings and irregularities are marring the ongoing voter registration process in Cambodia and, if not redressed in time, will distort the will of the Cambodian people that the 27 July 2003 parliamentary election is supposed to reflect, and in particular that:

— discriminatory measures and practices at the commune level are preventing some 1,5 million citizens (out of 6,8 million eligible voters) from registering, with the effect of depriving them of their right to vote on polling day;

— these discriminatory measures and practices include: difficulties for Buddhist monks to register; excessive requirements for proof of residency and/or citizenship, which many citizens cannot fulfil; time limitation to three to five days for citizens to register in many villages; red tape, apathy or administrative harassment on the part of local authorities with the effect of slowing down or preventing registration; restrictions on voter information and voter education programmes designed to encourage citizens to register.

Moreover, the ruling former Communist Party has set up the whole election machinery without any consultation with the civil society and the opposition represented in Parliament.

Since the European Union plays a determining role in providing financial and technical assistance for the organisation of the above-mentioned election and such discriminatory measures and practices are not acceptable by international standards of democracy:

1. what initiatives has the Commission adopted or is it about to adopt to ensure the regularity of the whole election process and a fair election result?

2. What measures will the Commission take to prevent a strategy designed to predetermine the results of the forthcoming election?

Answer given by Mr Patten on behalf of the Commission

(4 March 2003)

The Commission is following carefully the election preparations in Cambodia, including voter registration, and has taken a number of initiatives to support this process.

First, the Commission is currently providing technical assistance in training and civic/voter education and in public relations and communication to the National Election Committee (NEC). The aim of this assistance is to increase the transparency of the electoral process and to improve information to voters. The experts have been able to provide effective support to the NEC, not least through training, advice on new regulations and press communiqués.

Second, in response to an invitation from the Royal Government of Cambodia to International Organisations to send their representatives as observers of the forthcoming Parliamentary elections of 27 July 2003, the Commission decided to deploy an Election Exploratory Mission (ExM), which included a number of election experts, to collect factual elements to assist with the decision on whether and how to support the election process, and in particular whether a Union Election observation Mission would be useful, advisable and feasible. The ExM took place from 27 January 2003 to 4 February 2003 and met with Union's Heads of Mission in Phnom Penh, representatives from State institutions, electoral authorities, the Constitutional Council, political parties, civil society, the media, bilateral embassies and international organisations. In light of the findings of the mission, the Commission would like to highlight some findings in response to the particular issues raised in the parliamentary question.

The ExM received allegations that discriminatory measures and practices at the commune level are preventing some 1-1,5 million citizens from registering. However, it should be stressed that the new election law sets strict requirements to avoid registration of non-eligible voters. Implementation of the regulations on the ground however is not uniform, leading to allegations of political bias. Nevertheless, the ExM received no clear evidence of a pattern of orchestrated and widespread political rejections at this stage, although shortcomings certainly existed in certain Communes.

To remedy this situation and to maximise enfranchisement, the National Election Committee announced on 11 February 2003 that voter registration would be extended by two to five days in the Communes where registrations figures were felt to be too low compared to the number of expected eligible voters. By 11 February 2003, 900 0000 additional voters had been included in the lists. Emphasis should be placed on ensuring the accuracy of the lists, so that all eligible voters are included in the lists. The total number of eligible voters, however, is not known precisely, as the figures of 6,5-6,8 million estimated eligible voters are based on demographic projections drawn from the 1998 census.

The legal provisions regulating the NEC composition are broadly contested, as the NEC is neither a multi-party nor a fully independent body. However, the Exploratory Mission found that, at central level, the NEC is taking far-reaching measures to enhance transparency and confidence in its work, through monthly roundtables and consultation on draft regulations and electoral preparations with political parties, nongovernmental organisations, media representatives and donors. It is up to the NEC to ensure that election procedures are carried out in an adequate and transparent manner by all involved in the administration of the election process. The Commission's Delegation in Cambodia, as well as Member States represented in Phnom Penh, actively participate in the NEC consultations with the aim of ensuring that the elections will be undertaken in an as fair and transparent manner as possible.

The deployment of an Union Election Observation Mission, following the exploratory mission, is now under consideration.