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INTERNATIONAL ELECTION MONITORING TEAM

CAMBODIA JULY 2018


NATIONAL ASSEMBLY ELECTIONS

PRELIMINARY MONITORING REPORT ON


ELECTORAL PROCESS FOR
29 JULY 2018
NATIONAL ASSEMBLY ELECTIONS
THE KINGDOM OF CAMBODIA

02 July 2018
(date of release for member governments and parliaments and other
stakeholders)
Report issued for general public on 17 July 2018

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INTERNATIONAL ELECTION MONITORING TEAM
CAMBODIA JULY 2018
NATIONAL ASSEMBLY ELECTIONS

TABLE OF CONTENTS

I. INTRODUCTION.................................................................................... 4

II. GENERAL ASSESSMENT....................................................................6


III. ELECTION CLIMATE ANALYSES ..................................................11
A. FACT FINDING....................................................................................11
B. LEGAL FRAMEWORK........................................................................12
C. ELECTION SUPERVISION AND ADMINISTRATION.................... 14
D. PROCEDURES FOR CANDIDATE NOMINATION AND
REGISTRY................................................................................................. 15
E. POLITICAL BACKGROUND...............................................................16
F. ELECTORAL APPLICATIONS............................................................17
G. CAMPAIGN AND CAMPAIGN FINANCE.
ANTI MONEY LAUNDRY PROVISIONS .............................................18
H. CIVIC SOCIETY....................................................................................19
IV FINAL CONCLUSIONS ON PRE- ELECTION OBSERVATION......22
a. Pre-election period
b. Intervention of H.M. Norodom Sihamoni
c. Conclusions on pre-election period

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INTERNATIONAL ELECTION MONITORING TEAM
CAMBODIA JULY 2018
NATIONAL ASSEMBLY ELECTIONS

PRE-ELECTION MONITORING REPORT ON


THE KINGDOM OF CAMBODIA
NATIONAL ASSEMBLY ELECTION

ELECTORAL ASSESSMENT

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INTERNATIONAL ELECTION MONITORING TEAM
CAMBODIA JULY 2018
NATIONAL ASSEMBLY ELECTIONS

I. INTRODUCTION

According to an official invitation from the National Election Committee of The


Kingdom of Cambodia to observe the 29 July 2018 parliamentary election, the
European Council on International Relations, Parliamentary Assembly for
Sustainable Development Goals, Europe and Asia Conference, World Electoral
Monitors Organization, all signatory of the Act for Transparent and Peaceful
Elections hereinafter presented as the INTERNATIONAL ELECTION
MONITORING TEAM decided to evaluate the political, judicial, legislative

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INTERNATIONAL ELECTION MONITORING TEAM
CAMBODIA JULY 2018
NATIONAL ASSEMBLY ELECTIONS
and general framework of the National Assembly election slated for 29 July
20181.
The aim of the evaluation process was to assess the pre-election
environment and the preparations for the parliamentary election.

The evaluation process comprised in legislative text analyses, assessment of


general political situation in the country and the conformity with general
accepted democratic practices and regulation and with bona fide principles.

Taken into account were also: public opinions, statements and discussions
expressed by officials from different Cambodian institutions and the election
and civil administration, as well as official spokespersons from political parties,
media outlets, civil society personalities, and the international community2.

1
https://centruldiplomatic.wordpress.com/2018/06/30/election-monitoring-website-dedicated-to-cambodias-
parliamentary-elections-july-2018-unveiled/
2
https://cambodian-elections.yolasite.com/

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INTERNATIONAL ELECTION MONITORING TEAM
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NATIONAL ASSEMBLY ELECTIONS

II. GENERAL ASSESSMENT OF LAW PROVISIONS

The International Electoral Monitoring Team conducted a Pre-Election


Assessment Analysis for the Kingdom of Cambodia in order to assess the
country compliance with the framework of human rights and internationally
respected electoral conditions in the country prior to the holding of the July 29,
2018 VIst National Assembly Elections.

According with the law prescriptions, the National Assembly vote will start on
29 July 2018, giving the voters the chance to elect the National Assembly for a
full constitutional term.

The law encapsulates also the necessary democratic prescriptions for an open
and fair electoral process3.

The July 29,2018, election will be the sixth consecutive national election called
on legal bases, a supplementary proof of a democratic and viable electoral
system.

3
https://cambodian-elections.yolasite.com/National-Election-Committee.php

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INTERNATIONAL ELECTION MONITORING TEAM
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NATIONAL ASSEMBLY ELECTIONS
The principles that are governing the parliamentary elections are governed by
the Constitution, the Constitutional Law on Elections (Election Law), and
regulations of the National Election Committee (NEC)4.

The assessment process considered that Cambodia is a viable and fully


committed party to all major international and regional instruments related to
the holding of democratic elections and had continuously and full abiding by his
international democratic regulations.

INTERNATIONAL ELECTION MONITORING TEAM had find that: the


law and regulations governing the electoral process in Cambodia are completely
corresponding to international laws and regulation insuring a perfect electoral
process5.

The authorities of Cambodia underlined in all public statements their


nation commitment to conduct elections in compliance with the principles
of openness, transparency and fairness6.

The election will be administered by a complex and modern system of


commissions, composed of a National Election Committee and including a
4
http://iricer.webs.com/apps/blog/show/45708432-cambodia-makes-incredible-strides-to-guarantee-free-
elections-in-2018
5
https://centruldiplomatic.wordpress.com/2018/06/02/cambodias-national-elections-committee-ensures-
free-and-fair-2018-poll/
6
https://www.youtube.com/watch?v=kKXgsi4_gmk

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INTERNATIONAL ELECTION MONITORING TEAM
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number of Territorial Election Commissions and the City Election
Commissions, District Election Commissions, and Local Election Commissions
(LECs).
The National Election Committee composition and activity is fully
independent and in perfect correspondence with international laws and
regulations insuring the independence of electoral and monitoring process7.

The international community from government and INGO`s and CSO`s from
Asia and Europe have expressed their support for the July 2018 Elections
through financial assistance and deployment of observers.

Other international actors such as the International Conference of Asian


Political Parties (ICAPP) and the Centrist Asia Pacific Democrats International
(CAPDI)and a host of electoral monitoring institutions from China, Myanmar
and other ASEAN member countries will observe the elections and support the
democratic process in the country.

We have to appreciate the Japanese Government continuing financial support to


the NEC, and that South Korean Government continues to offer trainings to the
NEC on voter education.

The current members of the NEC are: H.E. Mr. Sik Bun Hok, the Chairman,
H.E. Mr. Nuth Sokhom, the Vice-Chairman, and members: H.E Mr. Mean

7
https://www.dailymotion.com/video/x6l9ufd

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INTERNATIONAL ELECTION MONITORING TEAM
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Satik , H.E Mr. Dim Sovannarom , H.E Mr. Duch Sorn , H.E Mr. Hing Thirith ,
H.E Mr. Em Sophath, H.E Mr. Hel Sarath and H.E Mr. Hang Puthea.

The current composition of the NEC is a perfect illustration of the non-biased


and inclusive character of the organization.

NEC was appreciated for its significant progress in organizing 2017 Communal
and Sangkat Council Elections and 2018 Senate Elections, and all these
successes offered the necessary guarantees that this year's general elections
would be also free and fair.

One of the hallmarks of electoral integrity is a non-partisan, neutral


election management body.

The NEC fully meets the requirements for an independent and impartial
Electoral Management Body.

Independent media stakeholders have expressed their support for the NEC-
National Electoral Committee decision to create and open, fair and transparent
environment for media involved in election process and appreciated the
improving mass media landscape in the Kingdom after the shutdown of the fake
news mill of Cambodia Daily and the restructuring of Phnom Penh Post had
given hope that the media will stop acting of foreign agendas and to support
violence and a campaign of disinformation in the country.

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INTERNATIONAL ELECTION MONITORING TEAM
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NATIONAL ASSEMBLY ELECTIONS
All international actors have also expressed their satisfaction on the composition
and management of the National Election Committee (NEC).
The management body is widely perceived as free and independent and able to
provide a competing and free environment for electoral processus .

The Election Law guarantees the right to conduct an unimpeded campaign for
or against any candidate.

In the democratic landscape of Cambodia, the INTERNATIONAL


ELECTION MONITORING TEAM noted the existence of a powerful
independent media, with an impressive number of mass media entities operating
in the country.
Also a full independent televisions network is offering a perfect dialogue and
information source.

The Cambodian Constitution guarantees freedom of speech and prohibits


censorship.

Keeping in mind that no elections can be considered as free and democratic


without the presence of international observers the INTERNATIONAL
ELECTION MONITORING TEAM decided to support Cambodian
electoral process and democratic credential by monitoring and observing
all stages of the 2018, 29 July, Parliamentary election in Cambodia.

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INTERNATIONAL ELECTION MONITORING TEAM
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III. ELECTION CLIMATE ANALYSES

A. FACT FINDING
Cambodia is a fully flagged democratic kingdom, respecting the
equilibrium of powers and balanced distribution of constitutional powers8.

The National Assembly is acting in full respect of the democratic system and
the country has a long tradition of political process in a democratic manner and
with all the guarantees for an inclusive and democratic process.

The institutional system is offering a perfect balanced voice to parliamentary


and representations system9.
The 29 July 2018, Parliamentary election where convened in a perfect
transparent and inclusive manner at the request of the responsible and
democratic institution in the country: National Election Committee.

The democratic initiative for a parliamentary election was supported by the


Cambodian Parliament and, on 25 February, the Cambodian National Assembly
announced the election would be held on 29 July 2018.
8
https://centruldiplomatic.wordpress.com/2018/06/17/the-full-list-of-the-20-parties-taking-part-in-
cambodias-general-election-july-2018/
9
http://eucir.webs.com/apps/blog/show/45751730-dim-sovannarom-national-election-committee-cambodia-
is-a-multi-party-democracy-

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INTERNATIONAL ELECTION MONITORING TEAM
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As we have mentioned previously the next election will be the sixth consecutive
national election in the kingdom recent democratic history.

On 27 February, the Minister of Foreign Affairs of Cambodia stressed the


nation’s commitment to conduct a free and fair election in line with the
principles of openness, transparency and fairness.

The INTERNATIONAL ELECTION MONITORING TEAM considers that


the electoral process is fundamental, in law provisions and spirit and in
technical consideration perfectly administered, offering a perfect climate and an
open and inclusive and in full fairness political discourse resulted in a perfect
competitive electoral environment.

B. LEGAL FRAMEWORK

Regarding the previous respect to democratic commitments, the Kingdom of


Cambodia has fully respected his international obligations regarding
construction of a free electoral consultation.

We must note that: INTERNATIONAL ELECTION MONITORING


TEAM has made an in-depth analysis of the electoral law and constitutional
framework of the Kingdom of Cambodia during 2018 Senate elections.

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INTERNATIONAL ELECTION MONITORING TEAM
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NATIONAL ASSEMBLY ELECTIONS
In the focus of this analysis where: the mass media law, the election law, the
political laws and the Constitutional Law of Cambodian and had operated a
surveillance of the measure taken by the National Election Committee in order
to insure a free and open election atmosphere.

The conclusion of the INTERNATIONAL ELECTION MONITORING


TEAM was that: the necessary steps in order to insure an honest and balanced
electoral consultation respecting democratic standards were taken by
Government of Cambodia.

The conclusions of the committee findings can be summon up as an


endorsement of the law and constitutional provisions of Cambodian
electoral system.

In the 29 July 2018 the same principles and laws are applying as in 2018 Senate
elections case.

The primary legal framework for parliamentary elections includes the


Constitution, the Constitutional Law on Elections (Election Law), and
regulations of the National Election Committee (NEC).

Other relevant laws include the Law on the National Assembly, the Law on
Political Parties, the Civil Procedures Code, the Criminal Code, the

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INTERNATIONAL ELECTION MONITORING TEAM
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Administrative Offences Code, the Law on Peaceful Assemblies, and various
local regulations related to public assemblies.

Cambodia is a party to major international and regional instruments


related to the holding of democratic elections.

C. ELECTION SUPERVISIONS AND ADMINISTRATION

The election will be administered by a four-layer system of election


commissions.

The election administration comprises the NEC, Territorial Election


Commissions and the District Election Commissions (DECs), and Local
Election Commissions (LECs) .

The Kingdom of Cambodia had acquiesce to the fallowing instrumental accords


for up-holding democratic values: the 1966 International Covenant on Civil and
Political Rights, 1979 Convention for Elimination of All Forms of
Discrimination against Women, 1965 International Convention on the
Elimination of All Forms of Racial Discrimination, 2003 Convention against
Corruption, etc.

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INTERNATIONAL ELECTION MONITORING TEAM
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Membership and submission to all the previously noted agreements and
treaty are creating a perfect election environment in accordance with
international laws.

D. PROCEDURES FOR CANDIDATE NOMINATION AND REGISTRY

The Constitution and electoral law are offering the climate for an inclusive and
representative participation in the electoral race: the National Assembly
candidate may be nominated through self-nomination or by a public association,
including a political party.

The necessary prescriptions for barring from standing for office of persons
related to crimes, or found guilty of corruption-related crimes or administrative
offences have being taken.

In Cambodia there are currently 38 political parties registered with the Ministry
of Interior. These parties, in order to contest the elections will have to register
with the NEC as well.

As of May 23, 2018, there are 20 political parties who were successful in their
registration with the NEC, ensuring the inclusion of their party on the elections
list.

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INTERNATIONAL ELECTION MONITORING TEAM
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The 20 registered parties for the upcoming parliamentary election include
Cambodian People`s Party- CPP, Cambodian Youth Party, Cambodian
Nationality Party, Khmer National United Party, FUNCINPEC Party, Khmer
United Party, Grassroots Democracy Party, New Light Party, Beehive Social
Democratic Party, League for Democracy Party, Khmer Anti-Poverty Party,
Dharmacracy Party, Kingdoman Democratic Party, Our Motherland Party,
Khmer Rise Party, Khmer Economic Development Party, Khmer Will Party,
Khmer Kingdoman Party, Reaksmey Khemra Party, and Cambodia Indigenous
People Democracy Party10.

The existing parties were able to organize themselves, most of them on a


nationwide coverage, offering the multi-party cadre of a functional
democracy.

E. POLITICAL BACKGROUND

Throughout the recent democratic Cambodian experience, the governing party,


the Cambodian People`s Party (CPP) has based its legitimacy on democratic
credential, free and fair elections, popular mandate and has grown to be the
country main political force for progress based on his achievements like:
liberating the country, ending the Khmer Rouge rule, bringing lasting peace and
stability, and outstanding economic development to a war-torn nation.

10
http://www.akp.gov.kh/archives/132864

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INTERNATIONAL ELECTION MONITORING TEAM
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Under C.P.P. rule Cambodians had enjoyed steady economic growth, social,
educational and health system continuous improvements and have greater
access to information.
Urban migration and the proliferation of internet access and social media
networks such as Facebook have fostered awareness of the political issues , for
example Prime Minister Hun Sen is one of the most followed world leaders on
social networks.

The Prime Minister Hun Sen’s leadership has also strengthen the country’s
democracy, enacted a system of rule of law and respect towards social norms
while pushing for development and modernization.

Cambodian People`s Party popularity has withstand all electoral test in recent
years.

F. ELECTORAL APPLICATIONS.

The time for submission of applications for participation in the parliamentary


election in Cambodian ended and the electoral campaign started on July 9th
2018.
Conclusion: Under the full scrutiny of the democratic process in
Cambodia, INTERNATIONAL ELECTION MONITORING TEAM
considers that the period of registrations of candidature and the provisions
of the law have being full respected and all the necessary procedural steps

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INTERNATIONAL ELECTION MONITORING TEAM
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NATIONAL ASSEMBLY ELECTIONS
have being address insuring a perfect democratic character to the first
phase of the election procedures.

Recommendation: The Election Monitoring Committee of


INTERNATIONAL ELECTION MONITORING TEAM considers that a
high number of signatures on the candidate’s signature list will be a
beneficial addition offering a better selection of serious candidates.

G. CAMPAIGN AND CAMPAIGN FINANCE.


ANTI MONEY LAUNDRY PROVISIONS

On May 23, the NEC had announced that 20 political parties had been
accredited for this year's elections and, out of 25 constituencies, 9 parties are
contesting all 25 constituencies.

The election campaign starts on July 7th , the day after the end of candidate
registration, and lasts until 27 July , when the silence period starts.

The Election Law guarantees citizens and public associations the right to
conduct an unimpeded campaign for or against any candidate.

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INTERNATIONAL ELECTION MONITORING TEAM
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Local authorities are mandated to provide space for the placement of campaign
posters on an equal basis and candidates may also post materials on TV, radio
and printed media.

Conclusions: The INTERNATIONAL ELECTION MONITORING


TEAM stated that insuring transparency and strict supervision policies are
all decisions destined to discourage money laundry, political corruption
and in offering a fare and equal based financial support for all candidates,
a fundamental base of democratic elections.

The Election Law is the main legal source addressing candidate rights to
campaign in the media, providing equal access to airtime and print space.

H. CIVIC SOCIETY.

The role of civic society in elections often takes the form of support for the
institutional processes of democratic elections as well as the more substantive
development of a democratic electorate.

Freedom of association and freedom of expression are very basic principles in a


democratic society.
Indeed, the Cambodian constitution enacted in 1993 and amended in 1999
created a democratic system that showed respect to the norms of universal
human rights.

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INTERNATIONAL ELECTION MONITORING TEAM
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With respect to the forthcoming elections, many civil society organizations and
voters have expressed full trust of the ongoing election preparations.

From the time of its first democratic elections in 1993 to our day, Cambodia has
gradually become home to one of the most open and vibrant media and civil
society environments in Southeast Asia.

The atmosphere of the 2018 pre-election period is tensed on the account of


incredible pressures in favour of an outlawed party, with appeals to boycott and
attempts to block electors to express their will via the ballot boxes.

This atmosphere of threats against the legal government, the National Electoral
Committee and the main political parties is counterbalanced by the national
enthusiasm and vibrancy of civil society and political parties dedicated activity
and the determination of the authorities to carve out the 2018 elections,
as the most democratic election in the country.

Months prior to the elections, the International Electoral Monitoring Team saw
unlawful activities destined to create a sense of disenfranchisement among
stakeholders and voters and attacks against various political parties (especially
Cambodian People`s Party-CPP) and against government.

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INTERNATIONAL ELECTION MONITORING TEAM
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The Kingdom legal courts had concluded that: these activities where part of a
programmed coup d’état by the now-dissolved Cambodia National Rescue Party
(CNRP).

After the dissolution of the Cambodia National Rescue Party (CNRP) the
situation in the country has experienced a rapid improvement in terms of
dialogue, optimism and trust in the political process.

With the absence of the threats and violence from the political arena a line
of rapidly developing opposition party had flourished demonstrating the
Kingdom political vitality and democratic prowess.

A line-up of civil society organizations had also sprung up supporting the


country democratic actions and created a high degree of freedom and
competitiveness in the elections process.

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INTERNATIONAL ELECTION MONITORING TEAM
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IV. FINAL CONCLUSIONS ON PRE-ELECTION OBSERVATION

One of the most important aspects in organizing internationally recognized and


valid electoral process is the presence of international and internally accepted
monitors.

According to National Election Committee a number of over 65.000 internal


and international registered observers will be surveying the poll and will also
insure a country wide supervision of the electoral process11.

The Cambodian Election Law provides for international and citizen observers,
as well as authorized representatives of registered candidates.

There is an accreditation procedure and observers are required to present a letter


from their nominating organization and their identification documents to the
election commission where they will observe the process12.

We consider that the electoral system is offering the checks and balances
necessary to insure a perfect democratic consultation13.

11
http://www.akp.gov.kh/archives/132808
12
http://eucir.webs.com/apps/blog/show/45794828-european-election-observer-mission-to-take-part-in-
cambodian-national-elections-2018-monitoring
13
http://eucir.webs.com/apps/blog/show/45713452-international-observers-are-prepared-for-2018-
cambodia-s-national-election

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INTERNATIONAL ELECTION MONITORING TEAM
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■■■

The evaluation panel has taken under consideration opinions and


statements from members of recognized and lawfully established human
rights organizations, political parties, media persons, academics, diplomats,
intergovernmental organizations etc.

This evaluation panel report is also based on an extended analysis of


relevant political and legal literature reviews, interviews, press articles and
expert interviews.

a. PRE-ELECTION PERIOD

The INTERNATIONAL ELECTION MONITORING TEAM consider that: the


pre-election period was marked by full transparency, honesty and a calm
electoral climate conducive to an all inclusive electoral climate.

b. INTERVENTION OF HIS MAJESTY PREAH BAT SAMDECH


PREAH BOROMNEATH NORODOM SIHAMONI- KING OF
CAMBODIA
Despite the international community unanimous voice in praising the elections
environment on the Kingdom of Cambodia as conducive to free and impartial

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INTERNATIONAL ELECTION MONITORING TEAM
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elections some interested parties desirous in seeding havoc and conflict,
continued to raise questions and to try to falsely present the realities of the
Kingdom14.

In front of a media slur and outrageous misinformation campaign, destined to


taint Cambodia`s people and authorities determination to host free, equal
opportunity and transparent elections, His Majesty King Norodom Sihamoni has
the final say15, closing any honest debate on the subject: The Kingdom will
enjoy free and fair elections and the people of Cambodia will have the full
opportunity to express their views and decision for the country direction and
leadership.

The royal message writes that:


“On this occasion, I would like to solemnly call for all eligible voters to cast
their ballots in order to elect national leaders for development and glorious
progress in all fields16”.

14
http://eucir.webs.com/apps/blog/show/45794858-international-democratic-community-offers-plaudits-to-
h-m-king-norodom-sihamoni-for-defending-democratic-and-free-elections-in-cambodia
15
http://iricer.webs.com/apps/blog/show/45751675-his-majesty-preah-bat-samdech-preah-boromneath-
norodom-sihamoni-king-of-cambodia-july-2018-election-will-be-free
16
https://centruldiplomatic.wordpress.com/2018/06/09/h-m-king-norodom-sihamoni-weights-in-cambodia-is-
having-free-and-fair-elections/

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INTERNATIONAL ELECTION MONITORING TEAM
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NATIONAL ASSEMBLY ELECTIONS
We consider that in the parliamentary election (29 July 2018) pre-election
campaign Cambodian has fulfilled all his legal obligation on holding open,
free, and fair and equal opportunity driven elections17.

The conclusion of the INTERNATIONAL ELECTION MONITORING TEAM


is that: the necessary steps in order to insure an honest and balanced
electoral consultation respecting democratic standards were fully taken by
The Government of the Kingdom of Cambodia.

As a result on 3th July 2018 the INTERNATIONAL ELECTION


MONITORING TEAM18 decided to deploy an election mission to follow the
Election Day process countrywide, and to supervise the Election Day activities,
including voting, counting, and tabulation of results.

We must also underline that: election commissions at all levels handled


technical aspects of the election in a professional manner in the pre-election and
election period.

Their sessions were openly and transparently monitored by observers and the
media.

17
https://medium.com/world-and-tourism/cambodia-s-july-29-elections-promises-to-be-the-most-
democratic-and-open-i-country-s-history-1a535b4a7bc3
18
https://medium.com/revista-de-politica-externa/international-community-launching-website-for-
monitoring-cambodian-general-elections-2018-48003718d1e8

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INTERNATIONAL ELECTION MONITORING TEAM
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c. CONCLUSIONS ON ELECTIONS AND POLITICAL CONTEXT:

The political environment in Cambodia is characterized by the presence of


strong political parties with national scale activities, with genuine pluralism and
a vibrant political discourse.

NGOs operate in a permissive environment, and after 2017 reform bill that is
providing supplementary supervision for NGO`S, offering opportunities for
personal and institutional development and improving the sphere of activity for
all NGO`s bodies, in such a manner that they can fulfil their role in providing
quality services for Cambodian citizens.

Cambodian is enjoying a system that is open and full of liberty and the reform
on NGO`s field has allowed Cambodian to obtain high quality services from the
area of civil society.

From what the INTERNATIONAL ELECTION MONITORING TEAM


gathered there are many reasons to hold the opinion that the coming elections in
Cambodia will be “free and fair” as the stakeholders believe and the
INTERNATIONAL ELECTION MONITORING TEAM can cite a few
opinions:
1. The fundamental civil and political rights in the country are observed
2. Independent media is supported and in free activity across the nation.

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INTERNATIONAL ELECTION MONITORING TEAM
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This mission report concludes by saying that the upcoming elections 2018
have all the legal, constitutional framework and general atmosphere as
conducive to transparent, free, fair and democratic valid polls.

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