Essential - The organisation of specific programming, and its corresponding implementation, for the broadcasting of free spaces of political propaganda in equal conditions for all political parties in state-owned media, as contemplated in Article 229 of the Electoral Code.
Addressed to - TSE.
Possible Improvements Suggested - Adopt a specific regulation on this matter.

Desirable - Avoid the broadcasting of institutional publicity in the media during election campaign periods.
Addressed to - Public Administration/TSE.

Essential - It is recommended that independent candidates and civic committees be allowed to present candidatures for municipal elections.
Addressed to - Legislative Assembly.
Possible Improvements Suggested - This measure would facilitate greater independent political participation by citizens.

The BEC should undergo a review of its activities during the 2008 elections with a particular view to maintaining/increasing confidence in its activities. It should review the structure of its organization in order to strengthen and develop the capacity of its middle management and its secretariat. Consideration should be given to developing the field office structure of the BEC, so that permanent staff fulfil the lead role for elections, rather than local civil administration staff. A dedicated cadre of BEC staff falling under the responsibility of the Election Commission could be envisaged. In due course, appointment of Returning Officers and Assistant Returning Offices from among the senior ranks of such a cadre should be considered.

In view of the total dysfunction of the postal ballot, the BEC is advised to remove it as a polling option for security agents, displaced electoral personnel, polling staff and persons in legal detention. The postal ballot should be replaced by other different voting options: the BEC is advised to facilitate the voting of all the Security agents by a special voting day for the security forces at least ten days prior to the scheduled Election Day; for polling staff the BEC is advised to facilitate the use of an additional or supplementary voter list in each PC/PB that would include all the electoral/polling staff present at the PC/PB so as to permit them to vote; for prisoners the BEC is advised toconsider holding elections inside the 67 prisons of the country by designating all prisons as ‘special polling centres’ for the elections.

The Voter List should be organised in alphabetical order at the PCs and PBs so as to facilitate the information to voters for them to know in which PB they should vote. A second copy of the VL should be available at the PC for voters to check by themselves or with the help of some BEC official which is their PB.

The RPO should be thoroughly revised and modified into a uniform language and uniform level of detail. There should also be a revision of the RPO subsidiary electoral acts and regulations with the aim of ensuring coherent language and clear references to other relevant acts and regulations.

Legal provisions should be reviewed to ensure a consistent and comprehensive framework for elections. Particular attention should be paid to introducing essential transparency requirements to ensure public accountability of all components of the election administration. This process should include a stipulation that the work and all meetings of the BEC are public and accessible to accredited observers, media and party or candidate representatives, with publication of the minutes of the meetings as well as the elaboration of clear regulations and procedures which should be published in a timelymanner so as to ensure a clear and consistent procedural framework.

The RPO provision regarding withdrawal of candidature should be clarified as to whether the party or the nominated candidate has the final say over withdrawal in particular where several candidates from one party have been nominated prior to scrutiny.

A Broadcasting Law should be drafted to ensure clear legal provisions for the media sector. Furthermore, a new instrument should be introduced setting out the mandate and responsibilities of state owned broadcasters, and guaranteeing their independence from the authorities.

The Press Council should be transformed into a self regulatory body for the print media particularly with the aim to draft a code of conduct for journalists that should be in force not only during the electoral period. Media representatives and civil society organizations should also be included in the process.

There should be appropriate and full training of all personnel involved in any of the complaints and appeals processes conducted during an election period to ensure that all those involved are better informed and prepared.

Political Parties and the BEC should achieve a minimum of one third of their leadership and decision making positions occupied by women by 2020, meeting the targets set in the 2008 National Women Development Policy. Furthermore, the Bangladesh authorities should take the necessary steps to encourage greater participation of women in elections by increasing the participation of women in the whole electoral process, particularly at all levels within the election administration and as candidates.

BEC regulations should stipulate counting the voters’ signatures on the ballot paper counterfoils or counting the names ticked in the voter list and reconciling the resulting total with the number of ballot papers in the ballot boxes.

To ensure a more level playing-field among candidates and to save the expense of holding by-elections, consideration should be given to a constitutional amendment which bars candidates from seeking election in more than one constituency at a time.

When a candidate owns a media outlet a blind trust system should be established guaranteeing editorial autonomy. Failing this an internal agreement guaranteeing editorial decisions remain impartial should be signed between staff and proprietors.

Selecting more easily distinguishable names for the political parties would be a helpful measure toward transparency.

The BEC should make serious efforts to ensure that more women and minorities are represented at all levels of the election administration.

The legal and regulatory framework, particularly the NEC Regulations and Procedures, should be simplified and consolidated in order to eliminate inconsistencies, ambiguities, redundancies and gaps. Directives adopted by the NEC should as much as possible be incorporated in the Regulations and Procedures.

The Ministry of Interior should increase the ID card distribution rate and improve monitoring of the process. In cases where voters do not possess an ID card or other ID document the state authorities should find an alternative solution to enable voters to identify themselves on election-day. Regardless of the solution, records of voters using alternative identification should be kept as a safeguard and as information to support further improvement of the Cambodian electoral framework.

A free media environment is absolutely essential to ensuring that Cambodia’s efforts to tackle corruption and protect fundamental human rights meet with success. The government must show its commitment towards this end by the establishment of an independent broadcasting regulatory authority, responsible for the distribution of licenses and frequencies to the broadcast media on an open and transparent basis.

Government institutions, including NEC and civil society organisations should prioritise comprehensive and targeted civic education initiatives taking into account the relatively low literacy rates in Cambodia. Such initiatives could be integrated in curricula offered by public and private education institutions at all levels.

The deadlines for the submission and settlement of complaints should be revised. In particular the deadlines for submission of complaints at CEC level during the electoral campaign (3 days) as well as the deadline for submission of complaints against the Polling and Counting (11:30 am on the day after polling day) are too short and should be extended. Additionally, the 48 hour deadline for the NEC to decide on complaints against the preliminary election results does not allow the NEC to conduct a thorough investigation.

If the dual system on complaints on election-day and election-day+1 is maintained, there needs to be a comprehensive campaign informing lower level election commissions, party agents, and voters. The different procedures, including the different deadlines, must be explained clearly in all training related materials, such as the manuals for PSCs, CECs and PECs.

The election results per polling station should be published within the legal framework for the complaint process against the results.