Tuesday, March 4, 2014

Analysis: One aspect of the 2013 US Department of State Annual Report to Congress: The July 28, 2013 Elections

Analysis:
One aspect of the 2013 US Department of State
Annual Report to Congress: The July 28, 2013 Elections

The 2013 US Department of State Annual Report to Congress covers the whole range of issues of Human Rights Practices, from the point of view of the US State Department, in almost 200 countries and territories, including Cambodia, based on factual reporting from US embassies and posts abroad.


Concerning Cambodia the public cannot lose sight of the importance of the report.

On the other hand the Royal Government of Cambodia (RGC) has different point of view on a number of issues, which had been carefully addressed in the “White Paper” issued by the Press and Quick Reaction Unit (PRU) of the Office of the Council of Ministers (OCM) clarifying the position of the RGC concerning the election results, the political situation after the election, the tactics used by the Cambodian National Rescue Party (CNRP) before, on and after the election day, tactics asserted by PRU that were planned and designed in close cooperation with a number of non-governmental organizations (NGOs) allied with the CNRP, which have received technical, financial and political support from abroad. The “White Paper” issued by the PRU and the previous one issued by the National Election Committee (NEC) which explains and clarifies the technical and legal procedures of the July 28 Elections were not mentioned in the Department of State Annual Report to Congress.

Another crucial point not also to be overlooked is that the report covers the year 2013 only. After January 1, 2014, early in the year, a US high ranking official of the Department of State visited Cambodia and met with leaders of RGC and they discussed, of course, matters concerning the good diplomatic relations based on mutual interests between the people and the government of both countries. About the official meeting, everything is centered on and boiled down to the diplomatic relations, whether it is about the elections, labour protests, the justice system, land issues, the prison system, the handling of the protests, and so on which are fully and “factually” described in the US State Department Report. Mutual respect between two sovereign states and governments prevent the US from using words and expressions leading even to wild interpretation and speculation of interference in the internal affairs of Cambodia. However, the US voiced their concerns officially during the meetings.


Secretary of State John F. Kerry, in his “Preface” invoked the US political philosophy in this matter saying: “Governments that protect human rights and are accountable to their citizens are more secure, bolster international peace and security, and enjoy shared prosperity with stable democratic countries around the world. Countries that fail to uphold human rights can face economic deprivation and international isolation.” Whether or not the RGC agreed with the US political philosophy is not an easy thing to know.

How about the Cambodian people? Some segments of the Cambodian population would agree with the US Secretary of State, and some others would not. In the usual atmosphere of an absence of voluntary and open discussion on the politics of the government, there are no incentives for anyone to let other people know about her or his opinion. However, there is another segment of people that benefit from the practices of the government. They would be indifferent to politics and would concentrate on making money, dining well, living well and having good time.
Regarding the most recent national elections held July 28, the consistent view expressed by the US government is totally at the opposite side of the also consistent view of the RGC, the latter based on the observers from “foreign governments, international organizations, political parties,” and the other based on the “International and local nongovernmental organizations (NGO) observers”.

The international observers invited by the NEC, in a press conference organized soon after the announcement of the provisional result stated that the elections were conducted in a competitive, free, fair and transparent manner with participation of eight political parties including the CNRP. They also congratulated the people of Cambodia for the great success of July 28, 2013 elections, which were described as peaceful, vibrant and competitive, and characterized by the genuine respect for fundamental freedoms.

On the other hand, the US State Department Report stated that “the voting process was fraught with irregularities.” It further stated that “by the government’s own calculations, more than 9 percent of eligible voters were unable to vote due to issues with the voter registration list. While the problem of disenfranchised voters was identified by numerous civil society organizations well before the elections, the National Election Committee took no significant corrective action. Observers indicated that the scale of the electoral irregularities warranted an independent investigation, but a full and transparent investigation did not take place.”

The disputes over the election between the Cambodian People’s Party (CPP) and the CNRP have dragged on until now despite the gracious appeal of His Majesty the King of Cambodia, calling the CPP and the CNRP to continue dialogue to solve remaining problems and disputes peacefully. The CNRP boycotted the National Assembly when it convened on September 23. The CPP that won a majority of the 123 parliamentary seats pushed ahead with the appointment of the government of the 5th mandate of the National Assembly. According to the CPP lawmakers there is no stalemate, no disruption, and no unordinary circumstance. The 55 CNRP elected members of the National Assembly refused to sit in the National Assembly until now and continued to demand an investigation into election irregularities, a new election before 2018, and an election reform with a broader involvement and participation. Driven by the Articles of the Constitution and the laws, the CPP did not budge, leaving no other alternative to the CNRP than leading demonstrations at the “Democracy Park” and on the streets to denounce the CPP, the NEC and the government.

Lately, there was a movement leaning towards negotiations between the CPP and the CNRP. The CNRP seemed to be very cautious fearing that a wrong move could be politically fatal, while the CPP seemed to be relaxed and confident.

The US State Department Report is intended for the US Congress, one of the three branches of the US Government which has the power of check and balance with the US Administration and the Supreme Court. It will be used by the US Congress “in its decision-making processes surrounding foreign security sector assistance and economic aid”. It will be used by the Department of State and other U.S. government agencies “in shaping American foreign policy”. It will be used also by U.S. citizens, international non-governmental organizations, foreign governments, human rights defenders, lawyers, journalists, scholars, and others “in their commitment to advancing human dignity”.

Reading through the 2013 US State Department Report to Congress does not convey a sense of real urgency with regard to the current situation in Cambodia, as the world is ridden with hot spots that need the US attention immediately. The RGC is comfortable with the current situation and is working since day one towards “deep reforms”. The CPP is yet a very rich political party, powerful and resourceful.

Despite a big gain in popularity and in the number of elected seats at the latest elections on July 28, 2013, there is no guarantee that the CNRP will have a smooth sailing to achieve its goals, whatever they are.

March 4, 2014
Professor Pen Ngoeun
Advisor,
University of Puthisastra, Phnom Penh, Cambodia
pngoeun@puthisastra.edu.kh