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Constitutional Council Ends Roar: Cambodia’s Top Opposition Party Failed to Overturn Poll Ban

    Candlelight Party supporters register on the participant lists near their party's logo before their march during an election campaign for the June 5 communal elections in Phnom Penh, Cambodia, Saturday, May 21, 2022. Cambodia's National Election Committee on Monday, May 15, 2023, refused to register the Candlelight Party, the country's sole credible challenger to the governing Cambodian People's Party, for participation in this July election, saying it had failed to provide the necessary documents. (AP Photo/Heng Sinith)
    Candlelight Party supporters register on the participant lists near their party’s logo before their march during an election campaign for the June 5 communal elections in Phnom Penh, Cambodia, Saturday, May 21, 2022. Cambodia’s National Election Committee on Monday, May 15, 2023, refused to register the Candlelight Party, the country’s sole credible challenger to the governing Cambodian People’s Party, for participation in this July election, saying it had failed to provide the necessary documents. (AP Photo/Heng Sinith)

    PHNOM PENH, Cambodia — On May 15, 2023, the National Election Committee (NEC) had disqualified the Candlelight Party from registering for the election because it had submitted a photocopied version rather than an original copy of the 1998 registration documents issued by the Interior Ministry. A few days later, the party officially filed an appeal with the Constitutional Council to overturn NEC’s ruling.

    The original records were taken during the police raid on the headquarters of its predecessor, the Cambodia National Rescue Party in 2017, according to Kimsour Phirith, a spokesperson for the party.

    He emphasized that the party has been operating legally and participated in last year’s sub-national commune elections without the issue being raised. In those polls, the Cambodian People’s Party (CPP) won 74.3% of the votes and the Candlelight Party obtained 22.3%.

    International delegations echoed concerns after the NEC’s ruling.

    The Delegation of the European Union stated on May 15, 2023 that the delegation “strongly objects” to the decision by the Cambodia Electoral Authority.

    On May 16, 2023, British Ambassador H.E. Dominic Williams expressed his disappointment, saying that the development “weakens the choice available to the Cambodian people.”

    The French Embassy also released a statement on May 17, 2023, stating that “France deplores the exclusion of the Candlelight Party from the upcoming legislative elections,” and said that the decision “undermines the democratic nature of the vote.”


    The Candlelight Party lost its appeal in the Constitutional Council after its complaint was deemed unlawful on May 25, 2023. The party failed to comply with the registration requirements under articles 27 and 31 of the electoral law. “This is a final decision and there can be no further complaint,” Council President Im Chhun Lim announced.

    Constitutional Council president Im Chhum Lim, also a CPP Central Committee member, leads a meeting on Thursday deciding the fate of the leading opposition Candlelight Party’s registration for the July elections. (CamboJA/Khuon Narim)
    Constitutional Council president Im Chhum Lim, also a CPP Central Committee member, leads a meeting on Thursday deciding the fate of the leading opposition Candlelight Party’s registration for the July elections. (CamboJA/Khuon Narim)

    Hun Sen’s government has controlled almost every level of government since its reign in power began 38 years ago. The prime minister has consistently unleashed waves of repression against his political rivals for decades. At present, the Interior Ministry, NEC, and Constitutional Council are all headed by members of the ruling CPP’s Central Committee, which decides the party’s policies. 

    As Hun Sen’s retirement nears, his eldest son, Army Chief Hun Manet, is expected to replace his father as prime minister after the polls.

    U.N. Secretary-General Antonio Guterres implicitly criticized the upcoming elections following the decision.

    U.N secretary General Antonio Guterres addresses the media during a visit to the U.N. office in the capital Nairobi, Kenya on , May 3, 2023. Guterres implicitly criticized Cambodia’s upcoming elections Wednesday, May 31, 2023 for failing to be inclusive, after the top opposition party was not allowed to register. (AP Photo/Khalil Senosi, File)
    U.N Secretary-General Antonio Guterres addresses the media during a visit to the U.N. office in the capital Nairobi, Kenya on, May 3, 2023. Guterres implicitly criticized Cambodia’s upcoming elections Wednesday, May 31, 2023, for failing to be inclusive, after the top opposition party was not allowed to register. (AP Photo/Khalil Senosi, File)

    “The secretary-general reiterates that inclusive elections, in which a plurality of views and voter choices is represented, are important to engender confidence in the electoral process and underpin the ability of Cambodia’s people to exercise their democratic rights,” U.N. spokesman Stephane Dujarric told reporters.

    About 9.7 million Cambodians are registered to vote in the upcoming elections for the 125-seat assembly. With the absence of the Candlelight Party in the election, the sole competition for the governing party will be 18 political parties that are aligned with it or small parties with no national exposure. 

    Article By: Ken Ellen P

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