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Published on December 26, 2007

The Asian Network for Free Elections (Anfrel) has commended the Election Commission (EC) on holding Thailand's elections, saying the results appeared to generally reflect the will of the people.

"Polling itself on election day was smooth except for some infractions of polling procedures. Our concern is more with election violations in the pre-election period and how the EC will deal with cases of election fraud in the next two weeks," said Damaso Magbual, Anfrel's head of mission.

"We urge the EC to pursue cases of vote-buying vigorously but to do so equitably. They must not be seen to award red and yellow cards unfairly.

"So far, the decision-making of the EC has not been open enough," he said.

Anfrel would observe any re-elections that take place, he said.

Despite new legislation, money politics remained pervasive. Magbual said: "People are scared to report vote buying to the authorities because they fear for their own safety and doubt that anyone will be successfully prosecuted. And authorities are sometimes reluctant to investigate."

Some government officials had not remained neutral, particularly village headmen (phuyai ban).

"They continue to canvass for political parties and are even on polling station committees, where they can potentially influence voters," he said.

In regard to the role of the military, Magbual said: "Though martial law has not been applied in a heavy-handed way, as in Pakistan, its presence is inconsistent with international norms. In Chiang Rai, our observers received credible information that the Army coerced their own soldiers and intimidated PPP supporters."

Though turnout for the elections was generally high, Anfrel was concerned about the large number of spoilt ballots for party-list seats.

"This confirms our suspicions that many people did not really understand the new election system and that voter education should be improved," he continued.

In order to improve voter education, tackle vote buying, and watch over government officials who are supposed to remain neutral, stronger monitoring was required by Thai non-government groups.

"An alternative funding mechanism should be developed where money does not come from the EC, allowing NGOs to maintain their independence," Magbual suggested.

Anfrel deployed 37 observers from 15 Asian countries to observe the poll on Sunday and discovered some incidences of electoral fraud. But due to its limited manpower and resources could not determine if the cases this time around were worse than those committed during past ballots.

Somsri Han-anantasuk, Anfrel's executive director, said the Election Commission should also prosecute candidates who cheated but lost the election - in order to ensure justice, as well as to avoid criticism of double standards. "They have never had this culture of giving yellow or red cards to losing candidates," she said.

In two cases, Anfrel observed a number of villagers in Maha Sarakham province handing money given by canvassers over to the authorities. In another case, ox tail was photographed when given to villagers as a bribe in Phitsanulok province.

She also suggested the EC should do more to promote information about how to vote in rural areas, especially among the poor and elderly people.

"We wish to see better voter education. And they should consider elderly people's convenience," she said, referring to the fact some polling stations were located on the upper floor of buildings, which were hard to climb up to for frail elderly people.

Somsri said police should be more constructive in carrying out their duties as Anfrel observed that in some cases, police officers dissuaded citizens from filing charges against alleged electoral offenders. "We saw someone come [to file complaint] but the police told them not to do it, as it would take time and money. We wish that the EC would clear this up with the officers."

Recommendations

* Better training for polling staff - to ensure infractions such as polling booths open to the public are not repeated

* Prepare better for advance voting - manage voter lists more effectively

* More effective voter education - better outreach to rural voters and the elderly

* Stronger observation - more international observers; more well-trained and coordinate local monitors by P-NET and others; political parties recruit and train more party observers

* Open decision-making by EC - unless absolutely necessary, open meetings of the EC to observers and issue written rulings on decisions soon afterwards

* Develop capacity of investigative wing of EC - more proactive approach 

* Focus on large-scale fraud - shift focus away from regulating campaign minutiae

* Remove legislation that contributes to an undemocratic environment - repeal martial law and the Internal Security Act 

* Broaden criteria of eligible voters - grant monks the right to vote

* Flexible voting location - voters to choose home province or where they work

The Nation