UDHR Article 21
Everyone has the right to take
part in the government of his country, directly or through freely
chosen representatives.
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ICCPR Article 25
Every citizen shall have the right to vote and to be elected
at genuine periodic elections which shall be by universal and equal
suffrage and shall be held by secret ballot, guaranteeing the free
expression of the will of the electors.
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General Comment No. 25: The right
to participate in public affairs, voting rights and the right of
equal access to public service (Art. 25)
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A guide to patterns
of cheating in Thai ELECTIONS
14/2/2549
by Sunai
Phasuk
Asian Network for Free
Elections (ANFREL)
Pre-election scenario in
Thailand shows a picture of contradiction. On the one hand, there exists
the growing understanding by the public that a clean, free and fair electoral
process is essential for the realization of a system of democratic governance
based on "the rule of the people, by the people and for the people".
Bad elections, on the contrary, are seen as the root cause of cronyism,
corruption and a political system that lacks professional and ethical
qualifications to serve and protect people’s interests.
Yet efforts of the Election
Commission, related government agencies and various people’s organizations
to uphold the integrity of elections are running at odd with "bad
candidates" that determine to win at all costs.
Records from previous elections and media reports about the upcoming elections
clearly indicate that cheating is seen by these electioneers as the deciding
factor for victory at the polls. Common cheating techniques include:
1. Vote Buying
A. Vote Buying in Cash
- Candidates distribute
packets of cash between 100 and 2,000 baht to voters accompanied by
information about themselves. This practice is usually carried out through
village headmen, Kamnan and the network of canvassers. Vote buying money
is usually paid to voters in return for their sworn allegiance.
- In some cases, money
is paid as a contribution to a village fund.
- Candidates may send
postal orders to eligible voters or ask voters to open a bank account
so money can be transferred into it.
- There are also reports
that candidates organize chit funds in which participating voters are
bound to benefit. Candidates use their network of canvassers to give
loans to voters under the agreement to terminate repayment clauses when
they win. This practice is also known as "green harvesting".
- Candidates buy ID cards
from voters and use these ID cards in their favor on the election day.
Candidates may also hold ID cards of voters known to be supporters of
rivals in return for cash and return their ID cards after the balloting.
This practice is known as negative vote buying or buying abstention.
- Candidates pay a daily
allowance to voters to attend party seminars and discussion panels.
Candidates also pay party membership for voters and then pay them a
"salary" in return for "party jobs". These
voter are often told that it is illegal for party members not to vote
for their parties.
- Widespread election
gambling is encouraged in a village. Canvassers hold "MP stakes"
and deliberately offer lucrative odds on their own candidates to influence
the betting.
B. Vote Buying in "Kind"
- In addition to the
use of cash, vote buying can also exist in "kind" when candidates
distribute containers of water, metal food containers, watches, clothes,
sports equipment, tires, cement, kitchen implements, water-coolers,
poultry, fertilizers, bags of rice, flood relief supplies, Amphetamine
pills, etc to voters. These items are sometimes distributed without
name cards of candidates. Canvassers simply inform recipients verbally
that the handouts were compliments of their candidates to avoid the
awkward consequence of getting caught red-handed.
- Motorcycle taxi men
are given riding jackets they need to avoid having to pay extortion
money.
- New pickup trucks and
motorcycles are given to canvassers.
C. Voting Bribery
- Expressions of generosity
as a measure to win votes can be seen as voting bribery.
- Lavish banquets and
parties are held. In some cases, voters are requested to pay for these
banquets and parties a nominal entry fee about 10 baht per person to
disguise as charity events.
- To increase their popularity
among voters, candidates sometimes provide scholarships to students
and education materials to schools in the constituency as a show of
generosity and commitment to community development.
- Community development
services as well as the construction and maintenance of public facilities
are provided by candidates.
- Generous donations are
made for funeral services, wedding parties or community charities to
boost support of candidates among voters.
- Candidates pay religious
centers for their congregations to pray for them. At the same time,
basic necessities or gifts are amassed at local religious centers for
distribution to voters along with incense sticks to make voters fear
that they would suffer ill luck if they accept these items without voting
for candidates who provide them.
- In some areas, free
concert or entertainment shows tickets are handed out and ticket-holders
can also take home their seats or souvenirs after the show.
- Free trips and vocational
training are organized for voters.
- Free medical care,
hair cuts, perms and dental treatment are provided.
- Farm products are bought
at inflated prices.
- Free transportation
is provided to voters in the constituency on the polling day.
2. Misinformation
- Voters are inform by
candidates that valid ballots for a party list election and a constituency
based election have to be in the same number only.
- Candidates invite voters
to become party members and inform these voters that it is illegal for
party members not to vote for their parties.
- Candidates spread false
information to voters about the Election Commission decision to disqualify
rival candidates.
- Candidates orchestrate
vote buying or cheating incidents using the name of rival candidates
in the constituency to get the Election Commission to sanction their
rivals.
3. Intimidation, Thuggery
and Violent Actions? Candidates, canvassers and their supporters are threatened
not to compete or run election campaigns in the constituency. Posters,
campaign materials and vehicles are vandalized. Voters attending campaign
rally of rival candidates are also intimidated.
- Violent actions, particularly
in forms of assault and murder, against rival candidates and canvassers
are used as a desperate measure when competition is so fierce that intimidation
fails to create competitive edge in the constituency.
- Witnesses and related
government officials are threatened so that they would not report or
take action against fraudulent activities.
4. Partisan Conducts of
Election Officers and Government Officials
- Candidates could use
their money and influence to have related government officials to act
in their favors. At provincial, constituency and polling station levels,
government officials are often acquainted to candidates and canvassers.
In some cases, these officials may opt for inactive approaches in handling
election administration by not taking decisive action against fraudulent
activities for fear that their careers, personal interests and safety
would be subject to retaliation. But in most cases, government officials
are also members of the patronage network and they act to serve their
patrons that run for an election in the constituency. This is the main
cause of dishonest handling of the balloting by election officers and
related government officials. Election officers and related government
officials turn blind eyes to violations committed by their patrons while
overtly taking tough stance against rival candidates.
- Prior to the polling
day, additional names are wrongfully filled in the house register as
a measure to assist candidates to bring in phantom voters. In some cases,
even a deserted house is reported to have more than 10 names of residents.
For the same purpose, ID cards are wrongfully issued to persons
that do not have the right to vote in the constituency. Foreign immigrants
and factory workers are provided with ID cards and told to vote for
certain candidates.
- Government officials
sometimes involve in the dissemination of false information about election
process, qualification of candidates, etc to increase competitive edge
for their patrons. For example, these officials help their patrons in
spreading false information to voters about the Election Commission
decision to disqualify rival candidates. In some cases, these officials
talk to voters while attending election education sessions or community
activities that that valid ballots for a party list election and a constituency
based election have to be in the number of their patrons only.
- The smuggling of ballot
papers, multiple voting, phantom voting and tampering of ballot boxes
are possible only with cooperation from dishonest election officers.
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