Moving Forward with Openness, Transparency, and Inclusivity

By William E. Todd, U.S ambassador to Cambodia

Over the past year, Cambodia has come a long way.  The 2013 national elections saw more Cambodians take part in the electoral process than ever before, and since then Cambodians’ interest in the political process has only increased.  Last week brought the encouraging news that the two major parties came to a political agreement to end the year-long impasse.  Since then, the parties have begun finalizing the details of that agreement and working toward strengthening Cambodia’s democracy.  The nomination by both parties of Dr. Pung Kek to serve as the ninth member of the National Election Committee and her requests for ensuring the independence and transparency in the work of the election body were all very encouraging steps.  At the end of the week, however, there were reports of frustration on both sides and the possibility of CNRP members being called back into court.  It is important that these worrisome developments not stymie progress.  As we go forward into the next week, I am hopeful that an open, transparent, and inclusive dialogue will lead to a resolution that benefits all Cambodians.  This hope and optimism is reflected by a question sent to me from a reader this week.  She wrote, “The CPP and the CNRP seem to be working hard to fix our election system.  Do you think they are doing enough to improve transparency and inclusivity?”

The agreement reached by the party leaders last week provided a framework for political resolution and a way forward so that political leaders can begin reforms to improve both the election process and the parliamentary functions of the National Assembly.  Having outlined the framework for reforms, the next step is to reach consensus on the details and establish the process for implementing the changes in a timely manner.  Over the past week, it has been encouraging to see the two parties ironing out key aspects of reform, such as specific constitutional provisions to enshrine a new autonomous, independent, and transparent election management body, and the assignment of responsibility for voter registration to the new body.

The decisions made in the ongoing deliberations will impact the lives of all Cambodians, so the public has a compelling interest in observing and understanding the decision-making process.  A process that takes place behind closed doors – particularly if accompanied by threats of arrest – without public access or oversight leads to rumors, uncertainty, and misinformation, all of which jeopardize the progress that has been made and the prospect for key reforms.As the Dalai Lama once said, “A lack of transparency results in distrust and a deep sense of insecurity.”It is a cause for optimism that in their discussions of internal National Assembly rules both parties have reportedly agreed to public disclosure of parliamentary sessions, and I hope that the spirit of openness will prevail and help to accelerate resolution.

Transparency and public disclosure empowers citizens to influence decision-makers and improves the deliberative process, whether in parliament or in the two-party discussions taking place now.  Today’s situation calls to mind the words of the great American jurist Louis Brandeis who said, “Sunlight is the best disinfectant” – a reference to the critical nature of openness and inclusion.  Both sides can benefit from the input of relevant civil society organizations and experts.  Many organizations, such as those in the Electoral Reform Alliance, have spent decades studying and promoting electoral reform.  With a more transparent and inclusive process going forward, the decisions being made can be informed by the varied experience of lawmakers, civil society experts, and others, to the benefit of all Cambodians. The parties have the opportunity to boost inclusiveness by outlining a mechanism by which far-reaching decisions are made with broad agreement, instead of by a simple “majority takes all” procedure.

Agreement on initial reforms is only the first step.  Making them happen is the next.  The experience of many countries demonstrates that reforms get delayed or tabled when there is no clear process for delivery, but Cambodia need not follow that dead-end road.  Instead, by building mutual respect and trust, Cambodia’s leaders can rise to the present challenge.  Both sides have agreed on the need for constitutional amendments and new election legislation.  A timeline for achieving these changes can help to ensure that legislation moves forward instead of languishing for years.  It is essential to keep the momentum alive, as Cambodians are eager for change that will give them a greater stake in their democratic institutions.  Those who deliver this change will earn the respect of the people.

“A body of men holding themselves accountable to nobody ought not to be trusted by anybody.”  This quote from Thomas Paine, one of America’s Founding Fathers,reminds us that when decisions are deliberated with active involvement of the people, the people are thereby encouraged to have confidence in the process.  I believe the leadership of both the CPP and the CNRP understand well the crucial nature of the ongoing deliberations, the importance of a transparent and inclusive process, and the impact of their decisions on the people of Cambodia.  I highly encourage leaders of both parties to work together in a peaceful, nonviolent way to advance democracy for the benefit of all Cambodians.

Thank you very much for reading my column this week.  If you would like me to answer your question, please e-mail me at AskAmbToddPP@state.gov.

William E. Todd is U.S. Ambassador to the Kingdom of Cambodia