The Cambodian Elections of 1998 and Beyond: Democracy in the Making?

Abstract

On 26 July 1998, Cambodia held a national election. It was the first since the one overseen by the United Nations Transitional Authority in Cambodia (UNTAC), held in May 1993. More than 5.3 million Cambodians (or 97 per cent of potential voters) registered cast their ballots. About 90 per cent of them went the polls. Altogether, 39 political registered contest the 122 seats in the National Assembly. The Cambodian People's Party (CPP) was the official winner with 64 seats, followed by two opposition (Funcinpec, with 43 seats; and the Sam Rainsy Party, with 15 seats). The two opposition refused accept the results, accusing the CPP of winning through intimidation and fraud. They declined form a coalition government with CPP Prime Minister Hun Sen and led protests that resulted in government crackdowns. Were the elections free and fair? Is Cambodia now on its way towards liberal democracy? Observers and analysts have differed in their assessments of the elections. It is argued that, although the elections were freer and fairer than expected, they were not free and fair in absolute terms. Existing structural conditions continue prevent liberal democracy from taking root in strife-torn Cambodia. The Electoral Process and Results Before the can be objectively explained, it is worth looking at some of the basic rules of the game, the main political parties' ideological commitments and promises, and their actual political behaviour. Basic Rules of the Electoral Game The rules of the democratic game in Cambodia are spelt out clearly in both the and the Election Law.(1) According the Constitution, Cambodia is a constitutional monarchy governed by the of liberal democracy and pluralism (Article 1). This is compatible with the Paris Agreement signed on 23 October 1991 by four Cambodian factions - the State of Cambodia (SOC), Funcinpec, the KPNLF (Khmer People's National Liberation Front), and Democratic Kampuchea (the Khmer Rouge). According the Agreement, the signatories agreed that the Constitution state that Cambodia follow a system of liberal democracy, on the basis of pluralism. The will provide periodic and genuine elections, for the right vote and be elected by universal and equal suffrage, and for voting by secret ballot. Moreover, the ensures that electoral procedures provide a full and fair opportunity organize and participate in the process (Annex 5, 4). In terms of rights, the states that Khmer citizens of at least eighteen years of age enjoy the right vote, and those of at least twenty-five years shall have the right stand as candidates the election (Article 34). They also have the right to establish associations and political parties (Article 42). The liberal does not specify what system Cambodia should adopt, although UNTAC had embraced proportional representation. It was not until the law on the of the National Assembly was promulgated on 19 December 1997 that this was made clear. It stipulated that Cambodia would have elections in accordance with the principles of multi-party, liberal democracy, with proportional representation as the system in provincial/municipal constituencies. Members of Parliament be elected by a general, universal, free, fair, equal, and secret by means of secret balloting (Article 5). Seats each constituency would be determined and allocated each political party, only after all complaints have been resolved. The Law also stipulates that [remaining] seats each constituency shall be allocated with the greatest average formula (Article 118). The political principle of freeness and fairness regarding the is based on a number of fundamental rules, one of which is the role of the media during the campaign period. …