WRITTEN QUESTION E-0278/03 by Gianfranco Dell'Alba (NI) to the Commission. Irregularities in the election process in Cambodia.
Date: 2003-02-07
Institutions: European Parliament, Provisional data
Subjects: Cambodia, EU relations, observer, organisation of elections, political morality, registration of voters, religious discrimination, right to vote

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Answer given by Mr Verheugen on behalf of the Commission

(7 March 2003)

In the preparations for membership, the Union body of law has been extensively explained to the
candidate countries, including the Union development co-operation. Apart from the screening process, the
acceding countries have participated in a number of meetings, bilateral as well as multilateral, where
elements of the Union’s development co-operation have been discussed. Notably, a seminar was organised
by the Commission in July 2002, devoted to explaining the different aspects of the Union’s development
co-operation to the candidate countries and to exchange experiences and know-how between present and
future Member States.

few months, started to address the practical

The Commission has, over the past
implications of
enlargement for Union development policy and co-operation policy in a more systematic way. The
Member of the Commission responsible for development travelled to Prague in December 2002 with the
objective of increasing public awareness on development aspects of enlargement in acceding countries and
he is scheduled to participate in a Ministerial Conference in Berlin in April 2003. The Director General for
Development attended several Seminars held in acceding countries (Slovenia, Poland, Czech Republic)
aimed at explaining Union development policy. He will visit Copenhagen in March 2003 to participate in
a Seminar on Development and enlargement. The Commission is actively participating in workshops and
seminars devoted specifically to development issues (Bonn, Vienna).

Union Development Director Generals have put the topic on the agenda of their informal meetings and a
meeting was held in February 2003 dedicated entirely to the subject of enlargement.

In the period between the conclusion of the Accession Negotiations and the date of accession, the
intensify its monitoring of the acceding countries to guarantee that the countries’
Commission will
legislation and practices are brought into line with Union standards. The acceding countries’ efforts to
prepare for taking part in the Union’s development co-operation is evaluated in this context. In this
respect, candidate countries need to ensure their administrative capacity to participate in the shaping of
the development co-operation and the capacity to contribute financially to the European Development
Fund.

(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:

(cid:1) 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;

(cid:1) 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
local authorities with the effect of slowing down or
administrative harassment on the part of
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.

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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, non-
governmental 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

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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.

(2004/C 88 E/0010)

WRITTEN QUESTION P-0325/03

by Marco Pannella (NI) to the Commission

(5 February 2003)

Subject: Increasing violations of fundamental human rights of Montagnard population in the Vietnamese

highlands

On 18 December Amnesty International published a report entitled ‘Socialist Republic of Vietnam/
Kingdom of Cambodia: No sanctuary: The plight of the Montagnard minority’. On 23 January 2003
Human Rights Watch published a briefing paper entitled ‘New Assault on Rights in Vietnam’s Central
Highlands (cid:1) Crackdown on Indigenous Montagnards Intensifies’.

Over the past few weeks, the following people have been arrested, without explanation:

(cid:1) on 21 December, Y-Cun Hdok, born in 1966, and H’Lem Nie, born in 1968, and on 23 December

Y-Dhiam Buon Krong and Y-Nol Adrong, from the village of Buon Cue;

(cid:1) on 24 December, Y-Blon Hdok, born in 1964, from Buon Kla, and Y-Trao Buon Ya, born in 1969,

from the village of Buon Buor;

(cid:1) on 11 January, Rac and Hom, from the village of Plei Klan;

(cid:1) on 12 January, Hing in Plei Ko and Hnit, from the village of Plei Mor;

(cid:1) on 24 January, Y-Groh Adrong, born in 1960, and on 26 January, Y-Dham Buon Ya, born in 1960,

from the village of Buon Hdok.

Vietnam has not complied with the requests made by the UN Committee on Human Rights on 27 July
2002.

The Commission:

(cid:1) in its response to previous questions denouncing specific cases, it has always stated that it was not in a
position to obtain reliable confirmation of the facts and has undertaken to investigate such matters
through all available channels;

(cid:1) in its answer to Question E-2845/02 (1)

it wrote that respect for human rights and democratic

principles is the basis of the cooperation agreement signed by the EU and Vietnam in 1995.

Among the available channels to which the Commission refers, has it questioned (cid:1) or does it intend to
question (cid:1) the Vietnamese government authorities, with whom it has regular contacts by virtue of the
cooperation agreement, about the specific cases which have been denounced?

Does the fact that the cooperation agreement has not been denounced mean that the Commission
considers Vietnam to be a country which respects human rights and democratic principles? What type of
incident would lead it to denounce the cooperation agreement?

(1) OJ C 192 E, 14.8.2003, p. 81.