e-Bulletin Volume 3 Issue 2 April–June 2016 RODRIGO ROA DUTERTE SWORN IN AS 16TH PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES

WHAT’S INSIDE?

Rodrigo Roa Duterte Sworn ANFREL Joins FORUM-ASIA for a Mission in as 16th President of the Republic ’s 2016 By-Elections 2 8 in Mongolia, Visits Member Organization 13 of the Philippines

Malaysia’s BERSIH 2.0 Receives Human Rights Successful Elections Con rm ANFREL Condemns Police Action against Awards for Electoral Reform Work; Chairperson 4 Democracy Is Alive in the Philippines 9 South Electoral Group 14 Barred from Leaving the Country to Accept Award

Opposition Unseats Ruling Party ANFREL Secretariat and CNE Timor Leste Afghanistan’s Wolesi Jirga Rejects Electoral 5 in Mongolian Elections 10 Observe Philippine Elections 15 Reform Proposals

ANFREL, together with TAF and IRI, ANFREL Network Observes Philippine New Election Law in Cambodia Curtails Holds Workshop on Best Practices Overseas Voting in Malaysia, Taiwan, 6 11 16 People’s Basic Freedoms in Election Observation for Thai CSOs and Thailand

Unexpected Results in Second Editors Forum in Myanmar Upcoming elections 7 13 National Assembly Elections 17 2 HIGHLIGHT

ANFREL congratulates the Philippines on its summary executions of individuals suspected successful holding of the May 9, 2016 national of petty crimes and dealing in drugs in Davao. and local elections. But Duterte’s straightforward, sometimes On 30 June 2016, the new set of leaders of cially out-of-control, manner of speaking endeared assumed their posts. President Benigno Simeon him to Filipino voters. As a candidate, he Aquino III handed over the presidency to promised the voters that he would bring real President Rodrigo Duterte in a ceremony held change. He emphasized during his inaugural at the Malacañang Palace (Presidential Palace). speech that the words “real change” were the ones that catapulted him to the presidency. In a separate inaugural ceremony, a rst in Amid criticism about his methods, he vowed Philippine history, the newly elected during his speech that his “adherence to due vice-president, Maria Leonor “Leni” Robredo, process and the rule of law is uncompromising.” also took her oath as the 14th vice-president of the republic. Traditionally, oath-taking Vice-President Leni Robredo, on the other hand ceremonies of both the president and ran, under the banner of the Liberal Party, vice-president are held together. But this time, President Aquino's party. She is considered a the of ce of the president opted to have two neophyte politician but was a long-time lawyer functions in order for the new vice-president to working for a non-government organization accommodate more guests. (NGO) providing basic legal services. She had previously run and been elected to the House President Duterte is among the longest-serving of Representatives (lower house) of the mayors in the Philippines. As mayor of Davao Philippines’ bicameral legislature in 2013 City, a highly urbanized city in Mindanao, he following the untimely death of her husband, was known, both nationally and internationally, Jesse Robredo, who also served as Mayor of for his tough stance against criminality and was Naga City for more than a decade and later sometimes referred to by the media as “The became Secretary of the Philippine Department Punisher.” Duterte was alleged to be behind the of the Interior and Local Government. Davao Death Squad (DDS), a group known for 3 HIGHLIGHT

Vice-President Robredo appealed to voters with “The only way for all of her simplicity and her strong advocacy of participatory governance. She won the us to realize our vision vice-presidency by a small margin over Ferdinand “BongBong” Marcos, Jr., the son of the late former President Ferdinand Marcos. for our nation is to work Marcos recently led an election protest with the Presidential Electoral Tribunal (PET) claiming together. During these fraud in the electoral process. Vice-President Robredo in her inaugural speech called for unity in order to serve the people well. times when there seem She emphasized that “The only way for all of us to realize our vision for our nation is to work to be signi cant divisions together. During these times when there seem to be signi cant divisions and conict in the world, the challenge is to come together, and conict in the world, celebrate our commonalities and differences, and turn them all into strengths.” Consistent the challenge is to come with her campaign promises, she reiterated the need to work hard in order to improve the lives of those who are at the fringes of society, whom together, celebrate our she vowed to help prosper. In a statement after the May 9 elections, commonalities and ANFREL applauded the Filipino people for their active participation in the democratic process, which resulted in a historic voter turnout of 81%. differences, and turn ANFREL also commended the Commission on Elections COMELEC) for their commitment to them all into strengths.” hold free and fair elections.

VIEW FULL STATEMENT AT: http://anfrel.org/anfrel-congratulates-the-philippines-for-successful-holding-of-2016- national-and-local-elections-notes-challenges-ahead/ 4

HIGHLIGHT SUCCESSFUL ELECTIONS CONFIRM DEMOCRACY IS ALIVE IN THE PHILIPPINES

Ramon Casiple Executive Director, Institute for Political and Electoral Reform (IPER)

The 2016 Philippine national and local elections The nationwide implementation of the held on May 9 were a success. biometrics voter registration system was incomplete and was not used much on Election The elections had a greater than 81% voter Day. Long queues still proved to be a challenge turnout. The winning national candidates, which led to disenfranchisement of voters in particularly the presidential, vice-presidential, many precincts across the country. There was, and senatorial winners, were determined within however, a marked improvement in the three days after voters went to the polls. Indeed, facilitation of voting for the elderly, PWDs, losing presidential candidates started to detainees and persons in other marginalized concede to Davao Mayor Rodrigo Duterte just sectors. ve hours after the polls closed. Vote-buying and election-related violence The elections were monitored by a good remain the most serious problems with number of citizens and organizations, as well Philippine elections. as by observers from foreign embassies and international observers. The observers were Other areas of the electoral process that still unanimous in concluding that, despite the usual need improvements include the conduct of the problems such as long queues and missing random manual audit; the voter registration list names in the voters list, the elections were which can be dif cult for a voter to nd his/her largely free and fair. The credibility of the results name yet still contains the names of unquali ed was high and the voters accepted them. voters such as dead persons and non-residents; and insuf cient information and training Despite some problems with the automated regarding automated system instructions for election system (AES), this year’s counting and persons working for the Board of Election transmission of results through the vote Inspectors (BEIs). counting machines (VCMs) was by far the fastest compared with the experience of two There is no doubt that the previous automated elections. It also saw the produced a new set of leaders, which the people fewest machine failures, compared to the have accepted. Its triumph is a victory for elections in 2010 and 2013. Philippine democracy. 5 HIGHLIGHT OPPOSITION UNSEATS RULING PARTY IN MONGOLIAN ELECTIONS

On June 29, Mongolia held parliamentary Despite these last-minute changes, the June 29 elections, the seventh since the country’s elections saw a high voter turnout, with 72 transition to democracy in 1990. The opposition percent of Mongolia’s 1.9 million eligible voters Mongolian People’s Party (MPP) won a landslide turning out to cast their on election day. victory, securing a controlling 85 percent This was an increase over turnout for the 2012 parliamentary majority with 65 seats in the elections and reversed a trend of declining voter 76-member State Great Khural. 35 of the 65 MPP participation in the last decade. The election members of parliament elected are rst-time results have been widely interpreted as a of ceholders. demonstration of voters’ dissatisfaction with the performance of the DP government, in The MPP won 45 percent of the popular vote, particular its handling of the economy. while the incumbent Democratic Party (DP) won 33 percent, securing just nine parliamentary seats. The remaining two seats went to the Mongolian People’s Revolutionary Party (MPRP) and an independent candidate, a popular folk singer whose campaign focused on nationalism and environmental issues. The results came as a surprise to many observers, as public opinion surveys and polls before the election had predicted a close race between the DP and the MPP. Analysts have pointed to a change in Mongolia’s electoral rules as the reason for the disproportionality between the percentage of the Photo Source: http://www.telesurtv.net/english/news/Former-Communists- popular vote and parliamentary Win-Parliamentary-Elections-in-Mongolia-20160629-0020.html seats won by the two major parties. Two months Mongolia’s economic growth declined steadily before the election, the DP government passed from 17 percent when the DP came to power in a new election law that changed the electoral 2011 to an estimated 0.4-2 percent this year, and system back to a simple majoritarian system the country faces rising foreign debt and instead of the mixed majoritarian-proportional unemployment. On July 7, the MPP chose representation system used in the 2012 Erdenebat Jargaltulga as Prime Minister. Mr. elections. A majoritarian system tends to Erdenebat formerly served as Finance Minister, bene t large parties at the expense of smaller signaling that xing the country’s troubled parties and independent candidates. economy will be a priority for the new government. ANFREL ACTIVITIES 6 ANFREL ACTIVITIES in electionobservation,and hehighlightedthe the rolesofpoliticalparties andNGOsengaged differentiating presentation a made Meisburger of holdingelectionobservation missions.Mr. panel addressingtheimportance andpurpose Institute’s (IRI)Matthew Haysparticipated ina Supriadi, and International Republican Meisburger, ANFREL’s Director, Executive Ichal for Elections and Political Process, Mr. Tim The Asia Foundation’s (TAF) Regional Director of thereferendumballot. process andshowedtheparticipants samples presentation, he explained the referendum draft his the During on constitution. referendum activities, in relation to the upcoming including theECT'songoingvoter information overview of the preparation status of ECT, attended the gathering and presented an Election Administration, Mr. Wanchai Jaikusol, Director-General for General Department of of Commission Election (ECT)’sThailand Deputy held on4MayinBangkok. Election (orReferendum) Observation."Itwas organizations (NGOs) on "Best Practices in for workshop a conducted non-governmentThai International Republican Institute (IRI), with working ANFREL, The FoundationAsia and ELECTION OBSERVATION FORTHAICSOS HOLDS WORKSHOPONBESTPRACTICESIN ANFREL, TOGETHERWITHTAF ANDIRI,

election monitoring experiences and as theyworktoward acommongoal.Speci c electoral process,theycomplementeach other have different and distinct roles during an Hepointedoutthat,althoughthey observers. but important roles ofinternationalandcitizen outcomes. Mr. Supriadiexplained the different groups to help ensure credible election importance ofhavingindependentmonitoring process. efforts inpromotingafree andfairreferendum networks and encourage a consolidation of NGOs was facilitated to identify existing Lastly, a workshop discussion among Thai technology andmobileapplications. traditional monitoring forms to the use of experience on how it evolved from using Kristina Uy Gadaingan shared ANFREL’s election monitoring. ANFREL’s Program Of cer developing theELMOsoftware beingusedfor joined thepanelandsharedtheirexperiencein , as one of the participants, also (ICT), werealsodiscussedby TAF andIRI. The Information Communication and Technology election observation, such as the use of In addition, new approaches in independent by IRI. shared and were ANFREL methodologies ANFREL ACTIVITIES 7 provide checks andbalancesingovernance. its role as the fourth pillar of democracy to play to media the encouraged He development. work of the media for the country’s speech, theimportance heunderscored ofthe Minister of Information, Dr. Pe Myint. In his guest speaker at the forum was Myanmar’s participants. and guests the welcomed chiefThe MJN’s and Hlaing Zayar ANFREL’s Das Bidhayak Role ofMedia.” of banner PromisesGovernance: “Elections and campaign. The forum was held under the promises made during the recent election the role of the media in keeping track of was ofidentifying convened withtheobjective Forum on28May2016 in Yangon. The forum successfully heldthesecondMyanmarEditors’ and the Myanmar Journalist Network (MJN) The Asian NetworkforFree Elections(ANFREL) SECOND EDITORSFORUMINMYANMAR elections, whilethesecondforumwas aimed opportunities and challenges of the 2015 forum, held in 2015, focused on the electoral processandingovernance. The rst overcome obstacles and challenges in the The forum was aimed at seeking ways to (MJU), UZaw Thet Htwe. leader of the Myanmar Journalists Union Association, U Thiha Saw, and the founding President of the Myanmar Journalists (Yangon), Daw Naw Pan Thinzar Myo, the Kyar), the Minister for Karen Ethnic Affairs Media Council,UKhinMaungLay(Phoe Tauk ofMyanmar News following: theChairperson bythe addressesweredelivered Other keynote parties implementtheirelectionpromises. and candidates winning well how on focusing at ANFREL ACTIVITIES 8 ensured." concerned, andalevelplaying eldshouldbe enforced inamannerthatisfairtoallparties fair electionsshouldbeupheld,lawsmust recognized principles of free and Universally rights to contest in the electoral process. of and the guarantee vulnerable the sectors, franchise, provide mechanisms participation for and independence, and ensure universal professionalism its maintain to Mongolia of (GEC) We callupontheGeneralElectionCommission independence. and professionalism its maintain Election Commission (GEC) of Mongolia to of thepeople. Thus, wecallupontheGeneral in a genuine democracy based on the free will "The groupsrecognize thathumanrightsthrive and fairelectionsinthe2016 generalelections. the mission, ANFREL expressedhopeforfree In apressconferenceinUlaanbataaraspart of democracy. elections as a pre-requisite to a functioning emphasized theneedforhavingfreeandfair Democratic Elections. The discussion and Fair Elections and the for Dili Indicators enshrined intheBangkokDeclarationforFree Mongolia, and discussed the principles including theCivil Will GreenParty (CWGP)of met with CSOs and some political parties, Program Gadaingan ANFREL Of cer Uy Kristina agendas. political parties could include them in their discuss varioushumanrightsissuesandhow parties and civil society organizations, to speci callypolitical with variousstakeholders, elections. general engage to sought mission The ahead of the 29 June mission’s goalwas topromotehumanrightsin Ulaanbataar, Mongoliafrom25–27May. The (CHRD) and Globe International (GI), in Center for Human Rights and Development Development (FORUM-ASIA) anditsmembers, the Asian Forum for Human Rights and ANFREL joinedan Advocacy Missionhostedby MONGOLIA, VISITSMEMBERORGANIZATION ANFREL JOINSFORUM-ASIAFORAMISSIONIN

voting population,theyouth. campaigns targeted among the majority of the WSP has also undertaken voter education that the electoral process is more inclusive. advocates for electoral reform laws to ensure the Women for Social Progress (WSP). WSP ANFREL alsovisiteditsmemberorganization, ANFREL’s Memberthe Women forSocial Progress (WSP). ANFREL’s Program Of cer, KristinaUyGadaingan, visits Commission CSOs withthechairperson ofMongolia’s NationalHumanRights Forum Asia Representative, ANFREL Representative,andNational ANFREL ACTIVITIES 9 change-2016/ http://anfrel.org/anfrel-condemns-police-action-against-south-korean-electoral-reform-group- VIEW ANFREL’S FULLSTATEMENT ONTHISLINK: an online campaign to encourage voters to an onlinecampaigntoencouragevoters (PSPD), establishedCHANGE2016 toconduct People’s Solidarity forParticipatory Democracy organizations, including ANFREL’s memberthe than 1000 South Korean civil society Leading to the 2016 general elections, more of thelaw. were conductedwithinthebounds maintained thattheircampaigns freedom of expression, they the law limits the voters’ although thepresentformof in a statement, stated that survey results.CHANGE2016, or opinion public of publication documents andpicturesthe unlawful distributionorpostingof Election Law. The law prohibits for allegedviolationofthePublic Of cial by theSeoul ElectionCommissionin April 2016 These raidswereinrelationtoacomplaint led Network forGeneralElections(CHANGE2016). of ces of of members South Korea’s Citizen police raids werecarried out on16 June in the Following general elections in South Korea, SOUTH KOREAELECTORALGROUP ANFREL CONDEMNSPOLICEACTIONAGAINST ANFREL, in its statement issued on 28 June, election. to identifythe10 candidatesduringthe worst a blacklist campaignwhich encouragedvoters participate polls. the in launched also group The judicial harassment. citizens aswellputan end toany formof humanrightsof allSouth Korean the universal investigations andtofullyrespectprotect government South of Korea arbitrary the end to and fair elections. ANFREL asked the expressed solidarity with CHANGE 2016. It efforts society to of promote civil free also supported thegroup’s appealto expression and undermining the the United Nations Special violating the people’s right to Rapporteur on the promotion and and Rapporteur promotion the on government South of Korea was protection of the right to serious concern that the freedom of opinion and police raids as they raised a xrsin NRL also expression. ANFREL condemned the arbitrary 10 ANFREL ACTIVITIES the pollingprocessitself on May9. and observed monitored campaign activities, to electionday. withstakeholders, They talked The teamcloselyfollowedtheeventsleading (IPER). Institute for Political and Electoral Reform Responsible for Council Voting (PPCRV), the and Elections (NAMFREL), the Parish Pastoral Free Movement for National the Philippines, the Rights, and ANFREL memberorganizations in political parties, the Commission on Human The team also met with some candidates, in thecountry. order tolearnmoreabouttheelectoralprocess to COMELECCommissionerLuie F.Tito Guiain Elections (COMELEC)andpaidacourtesy visit CNE, visited the Philippine Commission on andonestaffcommissioners memberfromthe The ANFREL team, together with 5 local elections. observation ofthe2016 Philippinenationaland limited a conduct to team a sent (CNE), Eleições Management Body, Comissão Nacional ANFREL, togetherwith Leste's Election Timor OBSERVE PHILIPPINEELECTIONS ANFREL SECRETARIAT ANDCNETIMORLESTE ueTt Guia Luie Tito ANFREL andCNE Leste withCOMELECCommissioner Timor 11 ANFREL ACTIVITIES absentee fromoverseas. 1,376,067 Philippinecitizens registeredtovote government. Currently, there are a total of permitting them to be represented in votes wherever theymaybeintheworld, thus quali ed citizens toparticipate andcasttheir Voting Act was passedin2003. The actallows of migrant Filipinos, the Overseas Absentee rights political and civil the protect and promote contributions to the Philippine economy. To modern-day heroes for their signi cant workers (OFW) are even referred to as Filipino abroad.Overseas working andliving countries with large numbers of its citizens The Philippines is among the many Asian and BantayKarapatan parasaHalalan. of theConsortium onElectoralReforms (CER) member a also is CMA meaningful. voting more absentee overseas in thePhilippinestomake stakeholders other with extensively worked has and Filipinoemigrantstheirfamilies.CMA workers migrant sea-based and land- including promotes the rights of overseas Filipinos, (CMA-Phils.) The Center for Migrant Advocacy –Philippines national elections. of overseas voting for the 2016 Philippine a pioneeringinternationalelectionobservation Center forMigrant Advocacy (CMA),launched ANFREL, in conjunction with the Philippines AND THAILAND OVERSEAS VOTINGINMALAYSIA, TAIWAN, ANFREL NETWORKOBSERVES PHILIPPINE is an advocacy group that . However, in both Taiwan and to casttheirvotes atthePhilippineEmbassyin went personally voters Overseas (AES). system the Philippines used the automated election Malaysia isamongthe Asian countrieswhere Thailand were accredited by COMELEC. Fifteen fromMalaysia, observers Taiwan, and (OFW). workers ishigh concentration of overseas Filipino The missionprioritizedcitieswherethere key which provided accreditationtotheobservers. COMELEC’s Of ce forOverseas Voting (OFOV), ANFREL and CMA closely coordinated with and Fair Elections(BERSIH2.0). fromMalaysia’svolunteers CoalitionforFree (CCW), itssecretariatinBangkok, Thailand, and from Taiwan, the Citizens Congress Watch This pilotmissionmobilized ANFREL’s member the electoralexercise. Filipinostoparticipateencourage overseas in monitoring out-of-country voting, and to of Asian electoral reform advocates in of the2016 elections,toexpandthecapacities supporting efforts tostrengthenthecredibility The election observation project was aimed at In casttheirballots atthe Thailand, most voters employed. still were elections manual Thailand, vresVtn inTaipeiVoting Overseas 12 ANFREL ACTIVITIES

Overseas Voting in Bangkok

Philippine Embassy in Bangkok, although some were able to mail their completed ballots to the embassy. In Taiwan, Filipino registered voters were able to vote at the Manila Economic and Cultural Of ce (MECO) in the cities of Taipei, Taichung, and Kaosiung. The monitoring methodology followed internationally accepted principles, including those set forth in the Declaration of Principles for International Election Observation, Universal Declaration on Human Rights, International Covenant for Civil and Political Rights, Bangkok Declaration on Free and Fair Elections, and Dili Indicators of Democratic Elections. The voting in all three countries went smoothly, with staff at the respective embassies and economic and cultural of ces being welcoming and transparent throughout the process. The counting of votes was conducted after the closing of polls in the Philippines on 9 May. In Overseas Voting in Kuala Lumpur Thailand and Taiwan, votes were counted using the Automated Election System (AES) manually. In Kuala Lumpur, where automation was employed, vote counts were transmitted electronically. All of cial canvas certi cates were subsequently sent physically to the Philippines to be counted by the Commission on Elections (COMELEC). 13 NEWS FROM ALL OVER ASIA NEWS FROMALLOVERASIA seats (25)with26.7%ofthevote. The remaining that was won38 popularwithyoungervoters, vote. The People’s Party, anewcenter-left party won 122 seatswith33.5%ofthe Assembly with 25.5% of the vote, while the of Korea secured 123 seats in the National proportional representation. The Minjoo Party elected by plurality vote and 47 through elections, with 253 members of parliament for National Assembly representation systemfor and Perak, respectively. Kuala Kangsar in thefederalstatesofSelangor seats wereforthetowns ofSungai Besarand helicopter crash. The vacated parliamentary parliament who passed away last May in a June 2016 of to lltheseatsoftwomembers In Malaysia,twoby-elections tookplaceon18 South Korea usesamixedmajoritarian-proportional parliamentary electionsin2012. slightly higher than for the previous substantial majority. Voter turnout was 58%, conservative Saenuri Party would secure a had indicated that President Park Geun-hye’s Minjoo Party. Opinionpollsbeforetheelection majority byanarrow margintotheopposition the rulingSaenuri Party lostitsparliamentary single-chamber National Assembly. Unexpectedly, April 13 for the 300 seats in the country’s South Korea held parliamentary elections on MALAYSIA’S 20 NATIONAL ASSEMBLY ELECTIONS UNEXPECTED RESULTS INSOUTHKOREA 1 6 BY-ELECTIONS fragmented opposition. numerous politicalscandals itisfacing,tothe attributed the victory of BN, despite the retained both seats. Some political analysts places. The rulingparty BarisanNasional(BN) The electionssawlowvoter turnoutsinboth during campaignsisnotanelectoralissue. publicly stated that handing out of goodies election commission (SPR) member who Also in 2.0 its criticized statement, Bersih an the spiritoffreeandfairelections. need toupholdtheruleoflawandprotect apparent electionoffense andhighlightedthe In a statement, Bersih 2.0 denounced this what was dubbedas'twinpolls.' committed by political parties contesting in BERSIH 2.0 found cases of vote buying During the campaign, electoral watchdog inequality. increase employment and address income welfare issues and proposed programs to party. The MinjooParty’s campaignfocusedon reason forthedeclineinsupport fortheruling inthiselectionandaprimary a focusforvoters Analysts suggest thateconomic concerns were rising unemployment and household debt. experienced slowing economic growth and Over the past few years South Korea has 2012 presidentialcampaign. her during promised she growth transformative about the structural economic reforms and through Ms.Park’s agendatobring legislative Saenuri Party may have dif culty pushing Park’s presidency. Without a majority, the Assembly during the remaining year of Ms. to see more policy gridlock in the National South likely Korea that is mean results close The independent candidates. seats wenttotheoppositionJustice Party and 14

MALAYSIA’S BERSIH 2.0 NEWS FROM ALL ASIA OVER RECEIVES HUMAN RIGHTS AWARDS FOR ELECTORAL REFORM WORK; CHAIRPERSON BARRED FROM LEAVING THE COUNTRY TO ACCEPT AWARD

BERSIH 2.0 Chairperson, , delivers acceptance speech via videoconference.

Photo source: FORUM-ASIA

Malaysia’s Coalition for Free and Fair Elections an order issued at Putrajaya (Prime Minister’s (BERSIH 2.0) was awarded the Gwangju Prize of ce). Bersih 2.0 in a statement demanded an for Human Rights 2016. The Gwangju answer from the Prime Minister on Ms. committee chose Bersih 2.0 as co-winner Abdulla’s travel ban. together with Vietnamese activist Dr. Nguyen The Gwangju Prize for Human Rights was Dan Que. established by the May 18 Memorial Foundation The Gwangju committee recognized Bersih’s to celebrate the spirit of the 18 May 1980 untiring work in advancing electoral reforms Gwangju Uprising in South Korea. The award despite dif cult circumstances. The organizing recognizes individuals, groups, or institutions committee cited BERSIH 2.0 as “an example of in South Korea and around the world. It is strength for the country in the face of mounting awarded by the citizens of Gwangju in the “spirit challenges from the state. For the rst time ever, of solidarity and gratitude from those whom BERSIH 2.0 gave vibrancy to electoral reform they have received help in their struggle for and made it a national agenda for change with democratization.” The award hopes that the its eight demands." “spirit and message of May 18 will be immortalized in the hearts and mind of However, Bersih’s chairperson, Maria Chin humankind.” Bersih 2.0 protested that the ban Abdullah was stopped from leaving Malaysia is an infringement on Ms. Abdullah’s to receive the award. Ms. Abdullah was on her constitutional right and freedom of movement. way to South Korea to attend the 18 May award A group of NGOs in Malaysia also issued a ceremony when she was barred from passing statement that labeled the ban as an abuse of through the immigration gates at the Kuala power by authorities. Lumpur International Airport. No reasons were provided other than the purported existence of 15 NEWS FROM ALL ASIA OVER

Afghanistan’s Wolesi Jirga

Photo Source: www.afghanistan-analysts.org AFGHANISTAN’S WOLESI JIRGA REJECTS ELECTORAL REFORM PROPOSALS

On 13 June, Afghanistan’s Wolesi Jirga, or the ANFREL's member, the Free and Fair Election lower house of the country’s bicameral National Forum of Afghanistan (FEFA), in a statement, Assembly, rejected the presidential decree on said that it found the rejection of the proposal electoral reforms or the amendment of the Law a regrettable act. In a statement, FEFA said, on the Structure, Duties, and Authorities of "This decision of Wolesi Jirga is considered Electoral Commissions for the second time. rejection of election and democracy in the country. This irresponsible act of Wolesi Jirga Reports noted that the rejection of the proved that MPs do not value public demands. presidential decree would result in the People expected the Wolesi Jirga to make postponement of parliamentary elections. decision about this decree deeming the prestige Many found the decision to be unfortunate, as of this house and put an end to the electoral electoral reform was part of an agreement when reform deadlock." the National Unity Government (NUG) of President Ashraf Ghani and Chief Executive Of cer Abdullah Abdullah was formed. President Ghani described the decision as a step backward in the path to electoral reform. However, in a statement, the Independent Election Commission (IEC) welcomed the decision of the Wolesi Jirga, citing it as a “positive step towards the lawfulness and independence of IEC.”

READ FULL STATEMENT OF FEFA: http://anfrel.org/afghanistan-fefas-statement-on-the-rejection-of-the-wolesi-jirga-on-the-second- presidential-decree-on-electoral-reform/ 16

NEW ELECTION LAW IN CAMBODIA CURTAILS PEOPLE’S BASIC FREEDOMS

and the Law on Election of Members of the National Assembly (LEMNA).” Among the

NEWS FROM ALL ASIA OVER recommendations were to shorten the campaign period, putting a gag on civil societies into place during the election process, and the revocation of a political party’s legal registration if its leader were charged with an offense. These provisions were found both by domestic and international experts to go against basic principles of democracy. Some sections of the law were also found to curtail freedom of expression during election campaign periods. The law also failed to institutionalize an independent national election committee (NEC). CSOs are also banned from participating or

Mr. Yuthyia Soun* holding activities during campaigns, polling, and vote counting. These restrictions would adversely affect independent election Talks between the Cambodia People’s Party monitoring and other related activities such as (CPP) and the Cambodia National Rescue Party voter education campaigns. Individuals can also (CNRP) resulted in an agreement in 2014 to be penalized under such vague prohibitions as undertake reforms in the country’s electoral “insulting another political party or candidate.” legal framework. Both parties agreed that the legal framework developed before 2013 needed Imposing such restrictions threatens the ability to be changed to a more democratic one that is to freely campaign. The campaign period is more responsive to the needs and context of supposed to provide a venue for the electorate Cambodian politics. They also vowed to to evaluate competing political parties and overhaul the current state of affairs to pave the candidates to help them make informed way for the separation of state powers between decisions on polling day. An adequate the legislative and the executive. This way, a campaign period should be allowed in every check and balance approach would be put into election. place. In an ideal electoral process, people from all Key members from each party were assigned walks of life are highly encouraged to to speci c working groups tasked with participate in electoral activities by expressing conducting research and reviewing best their views and engaging in healthy debates. practices around the globe. However, public LEMNA poses a grave threat to Cambodia’s participation in the drafting was limited, and democracy as it suppresses the people’s basic civil society organizations were only invited to freedom of expression and can be used to participate towards the end of the process. silence civil society. The deterioration of the The working groups eventually came up with a human rights situation in the country directly set of principles to be incorporated in the affects the levels of freedom that its citizens proposed law. It was eventually adopted in enjoy. March 2015 as the “Law on the Organization and Function of the National Election Committee

* Mr. Yuthiya Soun is the Legal and Advocacy Of cer of the Committee for Free and Fair (COMFREL). The article is contributed on his individual capacity and does not necessarily reect COMFREL’s of cial position or opinion. 17 UPCOMING ELECTIONS UPCOMING ELECTIONS Elections.” “Transparency and Integrity for Quality the regionasawhole. The themefor AESF 3is countries as well as in democracy in individual cooperation in order to enhance electoral NGOs in Asia with the aim of strengthening continuing engagement between EMBs and Free Elections (ANFREL). This 3rd AESF is a of Indonesia(KPU)andthe Asian Networkfor General ElectionsCommissionoftheRepublic 2016. This year’s AESF is co-hosted by the be heldinBali,Indonesiafrom22–25 August Forum (AESF),whichElectoral Stakeholder will ANFREL is preparing for the third Asian ANFREL GearsupforAESF–3 According to the Election Commission of Peace andOrder(NCPO). which operates as the National Council for Drafting the Committee by appointed junta, Thai drafted constitution new a Constitutional the by hold areferendumtodecidewhetheradopt On 7 August 2016, the Kingdom of Thailand will Thailand Referendum days after theresultisannounced. to the King for within royal 30 endorsement draft constitution the present will Prime Minister referendum (AstranslatedbyECT): There aretwoquestionsontheballotfor or “disapproved”.“approved” whether the draft constitution should be eligible tovote inthe referendum,which asks voters million 51 about are there (ECT), Thailand the constitution should be “approved,” the If amajorityoftheparticipating vote voters that 2 1 “Approve” or “Disapprove” the Draft be appointedasthePrime Minister?” convene to toconsiderapproving aperson chambers of the National Assembly shall constitution; the joint sitting of the two the National Assembly under this fromthe stsittingduration of5years of the Kingdom of Thailand that for the Transitory Provisions of theConstitutionof strategic plan,itshouldbestipulatedinthe national the to according reform country the approve thatforcontributing continuityof Supplementary Topic: “ Whether do you … of Kingdom the of Constitution B.E. Thailand