COMMENTARY by Ms. Theary C. Seng: Application Process to become Candidates for Political Appointments to Constitutionally-mandated NEC Amends Agreement of Months-long Political Negotiation

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Application form for new NEC membership of Permanent Committee of National Assembly

Application Process

to become Candidates for Political Appointments to Constitutionally-mandated NEC Amends Agreement of Months-long Political Negotiation

By Ms. Theary C. Seng

Excerpts:

The most problematic is the Nationality Declaration Form.  Each applicant is required to agree to the following already-printed statement:

“I have Khmer nationality from birth and I only have Khmer nationality.[i]

“In the case in the future, I have another nationality besides Khmer, I am willing to resign from the NEC membership, and this Form will be deemed as my official resignation letter.

“[1] In the case the applicant has another nationality besides Khmer, the applicant must attach with the application the official document of the foreign State that verifies the renunciation of that nationality.”

As of this Sunday afternoon, Kek Galabru’s intention is unknown.  But assuming she accepts both the CPP’s and the CNRP’s appointment of her to be the ninth neutral member of the NEC, the Nationality Declaration requirement of the application process—an administrative exercise-- effectively blocks her from even applying! ...

In addition to issues of the prohibitive timeframe and the unconstitutional nonsense of the Nationality Declaration Form, it is also problematic that the application form and process of the Permanent Committee is more restrictive than the provisions of the NEC Law, mainly Article 6. 

For example, Article 6 states a qualification, the right to vote.  This is broad.  However, the NA Permanent Committee’s application form unconstitutionally narrows this to not a “right to vote” but “verification regarding voter registration from commune/sangkat authority that applicant has registered to vote.” 

Whether a person has the right to vote (NEC Law) and whether that person has registered to vote (application form) are two different qualifications.  What if the person has the right to vote—being Khmer, 18 years old, etc.—but chose not to vote?  The right to vote includes the right not to vote.  We may disapprove with her choice, but our disapproval doesn’t cancel out her right to vote, which is the NEC qualification for membership.  Or, what if the person has the right to vote but for circumstances kept her from registering within the timeframe period?  Again, whatever else we may think regarding the circumstances, it doesn’t take away the fact that she has the right to vote.  The right to vote is the qualification for NEC membership, not whether the person has registered to vote.  

Here, the NA Permanent Committee is effectively amending what the two working groups of the political parties had worked hard to negotiate over a period of months, when its role in this regard is only as a facilitation, administrative body.

A more reasonable way would be to provide options to verify a person’s right to vote, by simply stating: “Provide documentation of your right to vote”.  “Verification regarding voter registration from commune/sangkat authority that applicant has registered to vote” may be one among other attachments that an applicant provides.