King Norodom Sihamoni on July 4 issued a Royal Decree promulgating the amended election law, following its passage by the National Assembly and Senate in June and clearance by the Constitutional Council (CCC) on July 3.
The law introduces amendments to several pieces of electoral legislation, including those governing parliamentary elections, commune council elections, and capital-provincial-town- district council elections.
The primary intent of the law, officials said, is to bolster liberal democratic values and pluralism, as enshrined in Cambodia’s Constitution, and promote accountability among democratically-elected leaders at both national and sub-national levels.
Article 142 of the revised election law establishes fines of five to 20 million riel ($1,250 to $5,000) for any individual who disrupts the electoral process by any means, including by discouraging eligible voters from registering to vote and inciting them to spoil their ballots.
The National Election Committee (NEC) is granted the authority to impose additional criminal penalties.
Moreover, Article 143 empowers the NEC to disqualify any political party causing disruptions, or levy fines ranging from 10 to 30 million riel, with the potential for even more severe criminal penalties.
Sam Kuntheamy, executive director of the NGO Neutral and Impartial Committee for Free and Fair Elections in Cambodia (NICFEC), declined to comment on the newly enacted law, saying only that it was the NEC’s role to establish rules and procedures in accordance with the law for implementation.
NEC spokesperson Hang Puthea said on July 5 that the NEC would be reviewing the law for implementation, but withheld further comment pending an NEC meeting.
Kin Phea, director of the International Relations Institute at the Royal Academy of Cambodia, said he had observed that the overseas-based opposition group is continuing to use the same strategies and campaigns to disrupt the electoral process as they did in the 2018 general election, a move which he said would have little if any effects.
“Even if the rooster does not crow, the sun still rises,” he said, using an old Khmer saying implying that the election would go on with or without the opposition.
“Initially, they urged people not to vote. After realising that their campaigns were unlikely to succeed, they encouraged people to spoil their ballot papers, just as in the 2018 election,” he explained.
“This time, Sam Rainsy and his group will also fail, as in 2018. Their justification is that people only go to the polls out of fear or under threat by authorities. They claim people dare not spoil their ballots because the ruling Cambodian People’s Party [CPP] has amended this election law to pressure them,” he added.
Kin Phea stressed that every good citizen in a democratic society has a right to cast their vote to elect a leader and decide their nation’s destiny. Regular elections, he said, are vital to maintaining a thriving democratic process, a solid rule of law, and contributing to the nation’s sustainability, peace, security, political stability and prosperity.