Sunday, May 13, 2007

The Treaties Signed By Hun Sen/Heng Samrin/Chea Sim With Vietnam Are All Unconstitutional

Cambodia People Would Never Ever Recognize These Ignominious Treaties

Sun, 13 May 2007
OpEd BY BAPHUON
Posted Online


The pro-Vietnamese tried hard to discourage our effort to void the illegal and unequal treaties that HUN SEN/HENG SAMRIN/CHEA SIM had signed with Vietnam .

The Vietnamese insidious propaganda implied the idea of irreversibility. They said: it is irreversible; the 1979, 1983, 1985 and 2005 treaties became irremediably law of land. And those who attack these treaties would be considered as outlaws.

The pro-Vietnamese key argument was: all Cambodian institutions, and without exception, from the King to the National Assembly, the Senate, and the government, had all approved it, therefore, these 1979, 1983, 1985 and 2005 treaties between Vietnam - HUN SEN/HENG SAMRIN/CHEA SIM become laws.

Sean Péngsè, the President of Cambodia Border Committee in France and the world, during his meeting with Cambodian-American in the US last month had demonstrated the unconstitutionality of these ignominious treaties.

Péngsè said:

During the World War II, the French Vichy regime had signed also the treaty with Hitler ceding French land to the Third Reich. All Vichy institutions had also approved without exception that treaty, which was imposed by Hitler upon Marshal Pétain.

But when the Third Reich was defeated, the victorious De Gaulle declared that French-German treaty void and threw in prison all those who approved the cession of France land to the Third Reich. De Gaulle put in trial as traitor of France Nation those who approved the treaty. Some defendants were executed by a firing squad for crime of treason by De Gaulle.

For the same reason, Chili and Argentina didn’t recognize the treaties they had signed under the duress.

WE, Cambodian people, would never recognize all these ignominious 1978, 1983, 1985 and 2005 treaties signed by HUN SEN/HENG SAMRIN/ CHEA SIM with Vietnam , even though all institutions including the King, the government, the National Assembly, the Senate had approved it.

Through these treaties Cambodia will lose…

By these treaties 1978, 1983, 1985 and 2005, HUN SEN/HENG SAMRIN/CHEA SIM and all Cambodian institutions gave away to Vietnam about one third of Cambodian territorial sea (30,000 km2) plus 10,000 km2 of “ Historic Sea ” (rich in petrol) and one third of Cambodia land territory.

Indeed, according to a Vietnamese secret document distributed to Vietnamese cadres in 1979, on the day following Vietnamese invasion of Cambodia , Cambodia area was only: 120,036 km2, that was exactly one third less than the usual 181,040 sq km, or 176,520 sq mile (according to CIA World Factbook) recognized by the 1954 Geneva Peace Agreement Convention on Indochina .

Through these 1979, 1983, 1985 treaties between Vietnam and HUN SEN/HENG SAMRIN/CHEA SIM, Thailand was able to redraw new territorial sea border, then, consequently, grabbed another one third of Cambodia territorial sea (30,0000 km2).

Thai Prime Minister told Hun Sen in 1997: Don’t ask me about the new Thai-Cambodian territorial sea border. Don’t ask me how Thailand grabs (another) 30,000 sq km of Cambodian territorial sea, go to ask Hanoi instead. We can redraw the new territorial sea border with Cambodia because of your 1985 treaty (Hun Sen) with Vietnam .

First of all, all these treaties 1979, 1983, 1985 and 2005 are unconstitutional.

How could it be otherwise?

They are all UNCONSTITUTIONAL for the following reason:

Argument 1: The 1993 Cambodian Constitution prohibits any Cambodian government or King to cede any chunk of Cambodia land to other country. The article 2 and the article 3 of the 1993 Constitution stipulate the inviolability of the territorial integrity and the indivisibility of the Cambodia .

The treaties 1979, 1983, 1985 and 2005 were against primo the Article 2 relative the inviolability of Cambodia territorial integrity and second the Article 3 relative the indivisibility of Cambodia .

Hence, the King, the government, the Senate, and the National Assembly, all these institutions had committed a criminal act of UNCONSTITUTIONALITY.

I applaud all Sam Raingsy deputies and senators who dared to walk away to boycott the approval vote of these said treaties. It proved that there still are courageous leaders who stood up and opposed to the swallowing of Cambodia by Vietnam .

Argument 2: The 1991 Paris Peace Agreement on Cambodia was a great international agreement under the United Nations auspice. Nineteen countries in order to protect the independence, sovereignty, inviolability, territorial integrity and the national unity of Cambodia:

Australia, Brunei Darussalam, Cambodia, Canada, the People’s Republic of China, the French Republic, the Republic of India, the Republic of Indonesia, Japan, the Lao People’s Democratic Republic, Malaysia, the Republic of the Philippine, the Republic of Singapore, the Kingdom of Thailand, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America and the Socialist Republic of Vietnam

had signed and ratified the 1991 Paris Peace Agreement Treaty on Cambodia .

Then it is legitimate to ask the question: Is-it possible that a very simple bilateral Vietnam-Cambodia could void the 1991 Paris Peace Agreement on Cambodia which was signed and ratified by 19 countries including the UN five permanent members under the auspice of the United Nations?

Logically, the answer is: NO.

By the 1991 Paris Peace Agreement, Cambodia area was: 181,040 Km2 (CIA World Factbook).

The 1991 Paris Peace Agreement implicitly void the 1979, 1983 and 1985 treaties between Vietnam and HUN SEN/HENG SAMRIN/CHEA SIM according to the Article 1.2.d) of the

3. AGREEMENT CONCERNING THE SOVEREIGNTY, INDEPENDENCE , TERRITORIAL INTEGRITY AND INVIOLABILITY, NEUTRALITY AND NATIONAL UNITY OF CAMBODIA
Article 1. 2. d: To this end, Cambodia undertakes: d) To terminate treaties and agreements which are incompatible with its sovereignty, independence, territorial integrity and inviolability, neutrality, and national unity;
It needs only a governmental declaration to the press to void these 1979, 1983, 1985 treaties with Vietnam .

But no Cambodian government has the courage to declare to the press the termination or the void of these 1979, 1983 and 1985 treaties.

In spite of the express recommendation through the Article 1.2.d of the 1991 Paris Peace Agreement, all successive Cambodian government, Rannaridh government, Ung Huot government and Hun Sen Government continued to keep silence on these treaties and had no courage to void these ignominious 1979, 1983, 1985 treaties with Vietnam by a very simple act of declaration to the press.

The Cambodian King did not dare to void these treaties neither. No senator, no National Assembly member dared to denounce these treaties, except Sam Raingsy Party senators and National Assembly SRP members. What a shame! The SRP senators and SRP deputies were the only exceptional heroes who denounced these Vietnam-Hun Sen/Heng Samrin/Chea Sim treaties.

Hun Sen had signed with Vietnam the Supplemental Treaty in Hanoi on October 10, 2005.

By this 2005 Supplemental Treaty signed in Hanoi, Hun Sen government recognized the cession of about one third of Cambodia territorial sea and one third of Cambodia land (the land agreement is yet secret but according to some leak it would be also one third of land) and this would be legalized under the eye of the world.

The Supplemental Treaty signed in Hanoi on October 10, 2005 was additive to the treaties 1979, 1983 and 1985. This 2005 treaty reaffirmed and supported integrally all the cession of our ancestral land territorial sea to Vietnam and the legalization of immigration of four million Vietnamese to Cambodia concluded in the 1979, 1983 and 1985 treaties.

By the 1979 treaty, HUN SEN/HENG SAMRIN/CHEA SIM government must provide land, foods and security to million of Vietnamese immigrants.

Since the 1979, 1983 and 1985 treaties were void according the 1991 Paris Peace Agreement, it results that the 2005 Supplemental treaty must be void also.

Argument 3: The 1979, 1983 and 1985 treaties were forced upon Cambodia . Vietnam had invaded Cambodia and imposed these 1979, 1983 and 1985 treaties upon Cambodia . According to the Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) the 1979, 1983, 1985 and 2005 treaties signed during the Vietnamese occupation of Cambodia were void. Since these 1979, 1983 and 1985 treaties were void, it results the 2005 Supplemental Treaty which was based upon these void treaties was void implicitly.

Historical Background of the Article 1.2.d. of the AGREEMENT CONCERNING THE SOVEREIGNTY, INDEPENDENCE, TERRITORIAL INTEGRITY AND INVIOLABILITY, NEUTRALITY AND NATIONAL UNITY OF CAMBODIA.

The authors of the 1991 Paris Peace Agreement on Cambodia would like to establish for Cambodia a strong Treaty following the model of the September 8, 1951 San Francisco Peace Treaty with Japan . The 1951 San Francisco treaty with Japan voided all treaties that were forced by Japan upon the colonized countries.

For this reason, the authors of the 1991 Paris Peace Agreement would like void namely the 1979, 1983, 1985 treaties imposed by Vietnam upon Hun Sen/Heng Samrin/Chea Sim.

But Vietnam opposed to such article. Vietnam with the support of France proposed instead a much weaker article which is the article 1.2.d. (Source: Son Sann and Roland Dumas, former France Foreign Minister.)

All Cambodian institutions, including the government, the Senate, the National Assembly elected under the 1993 Constitution had never ever the courage to terminate all these ignominious 1979, 1983, and 1985 treaties. As De Gaulle had said, these collaborators were all traitors of the Nation.

Hun Sen said: If you want to claim Koh Tral from Vietnam , please, do it and I will award you a coffin.

Hun Sen had never understood the law. The primacy of the law was to protect the weak against the abuse of the strong, and the have-not and the without voice against the abuse of the rich and powerful.

Vietnam grabbed our land in violation of the law, but Koh Tral is always ours according to the international law. The law works tirelessly for the weak, and the have-not. For us, it might take a century to get physically our KOH TRAL back. We can wait because it is ours.

Who can predict that the USSR, the second super power, had imploded in 1989, after 78 years of existence, in spite of his formidable arsenal, his several thousand megaton war heads, her several dozen of thousand missiles ICBM and some 40,000 tanks T55s, T72s and T80s, T90s, and several thousands of Migs 25s, 29s and several hundred thousand of KGB agents and million of soldiers?

Baphuon

SOURCE: Sean Pengse speech

----------------
REFERENCES

Cambodia 1993 Constitution:

Article 2:

The territorial integrity of the Kingdom of Cambodia , shall absolutely not to be violated within its borders as defined in the 1/100,000 scale map made between the year 1933-1953 and internationally recognized between the years 1963 - 1969.

Article 3:

The Kingdom of Cambodia is an indivisible state.

THE 1991 PARIS PEACE AGREEMENT ON CAMBODIA

3. AGREEMENT CONCERNING THE SOVEREIGNTY, INDEPENDENCE, TERRITORAL INTEGRITY AND INVIOLABILITY, NEUTRALITY AND NATIONAL UNITY OF CAMBODIA

Australia, Brunei Darussalam, Cambodia, Canada, the People’s Republic of China, the French Republic, the Republic of India, the Republic of Indonesia, Japan, the Lao People’s Democratic Republic, Malaysia, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America, the Socialist Republic of Vietnam and the Socialist Federal Republic of Yugoslavia.

In the presence of the Secretary-General of the United Nations:

Convinced that a comprehensive political settlement for Cambodia is essential for the long-term objective of maintaining peace and security in South-East Asia .

Recalling their obligations under the Charter of the United Nations and other rules of international law.

Considering that full observance of the principles of non-interference and non-intervention in the internal and external affairs of States is of the greatest importance for the maintenance of international peace and security.

Reaffirming the inalienable right of States freely to determine their own political, economic, cultural and social systems in accordance with the will of their peoples, without outside interference, subversion, coercion or threat in any form whatsoever.

Desiring to promote respect for an observance of human rights and fundamental freedoms in conformity with the Charter of the United Nations and other relevant international instruments.

Have agreed as follows:

Article 1:

1: Cambodia hereby solemnly undertakes to maintain, preserve and defend its sovereignty, independence, territorial integrity and inviolability, neutrality, and national unity; the perpetual neutrality of Cambodia shall be proclaimed and enshrined in the Cambodian constitution to be adopted after free and fair elections.

2: To this end, Cambodia undertakes:

a) To refrain from any action that might impair the sovereignty, independence and territorial integrity and inviolability of other States;

b) To refrain form entering into any military alliances or other military agreements with other States that would be inconsistent with its neutrality, without prejudice to Cambodia’s right to acquire the necessary military equipment, arms, munitions and assistance to enable it to exercise its inherent right of self-defence and to maintain law and order;

c) To refrain from interference in any form whatsoever, whether direct or indirect, in the internal affairs of other States;

d) To terminate treaties and agreements which are incompatible with its sovereignty, independence, territorial integrity and inviolability, neutrality, and national unity;

e) To refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations.

f) To settle all disputes with other States by peaceful means;

g) To refrain from using its territory or the territories of other States to impair the sovereignty, independence, and territorial integrity and inviolability of other States;

h) To refrain from permitting the introduction or stationing of foreign forces, including military personnel, in any form whatsoever, in Cambodia, and to prevent the establishment or maintenance of foreign military bases, strong points or facilities in Cambodia, except pursuant to United Nations authorization for the implementation of the comprehensive political settlement.

13 comments:

Anonymous said...

Fuck all the Vietcong!
Fuck all the Vietcong!
Fuck all the Vietcong!

I am just sicken tired of all the fucken Vietcong slaves including AH HUN SEN and his clan and all the fucken Vietcong!!!All the fucken treaties signed between AH HUN SEN Vietcong slave and the Vietcong is cheaper than the the fucken paper and the ink they used to signed the fucken treaties!!

AH HUN SEN Vietcong slave and the Vietcong need to stop playing children infront of Cambodian people and take all the fucken treaties back to Hanio!!!!!ahahaha

Anonymous said...

For those who hated the SRP and supported the CPP. You are also TRAITORS to our motherland. Thank You Mr.Sean Péngsè and those who were involve with this committee.

Anonymous said...

I believe that Mr Sean Pengse, should organised a group of remaining Khmer Republic ex government to lobby all government and United Nation for all the suffering of Cambodians and to do the following tast;
1-Complain about Norodom Sihanouk who has brought in killer regime of KR.
2-to call for the Trial to start as soon as possible.
3-Complain Vietcong invasion.
4-To all parties to respect the agreement of 1993.In China and Taiwan
"COMMUNISM PARTY IS NOW WORKING WITH kUORK MINGTANG OF TAIWAN THEIR LONGTIME ENEMY". Now it logic that KHMER REPUBLIC SHOULD COME OUT WITH INTERNATIONAL LEGAL PROCEEDING AGAINT SIHANOUK "
Areak Prey

Anonymous said...

Those treaties are nonexistent, and if Vietnam dares occupy our land, we shall bring this issue to the international court and lobby for support. And if Vietnam still doesnt obey, then it is an ACT OF WAR. KICK VIETNAM OUT!

Anonymous said...

These evidences of national treasoning realistically inform us the fault and blockage of present Cambodian leaders: Hun Sen, Chea Sim and Heng Samrin. These three guys were intentionally and unintentionally signing with those illegal treaties such as:
1. They believe the propangada of VN to free Cambodia from killing field - they signed for such being called small compensation to the savior.
2. The limited knowledge of international law to protect the weak. They always think Cambodia is weak, so they could follow the compromising and friendship policy suggested by VN as Hun Sen always mentioned about kindness of VN in agreeing with this treaty - so they signed
3. These three leaders can have secretely been enforced behind according Communism Trick of carrot and stick policy - so they signed and dare not to proclaim the void of treaties they signed.

To deal with those illegal treaties, it is easy for these three leaders if they have Khmer conscience and national mentality. They have to sacrifice these things:
1. The power, money, relatives and eventhough life for the sake of Cambodian nation. When they can do this, they will become Cambodian heros in the 21 century.
2. Or they can have second option to survive like in the presence, the survival like the jerk persons who daren't to say anything with former boss: VN, but to reduce their influence gradually according to national law. This option is realistic in present Cambodia situation as Hun Sen claimed to be leader for next 30 or 40 years. But it is very weak, and they have no way to free Cambodia from a very subtle mechanism of VN.

And finally, these three leaders will become forever Cambodian traitors of ceding land to neingbors: VN

Of course, there are many polical options to maintain interests for Cambodia for those three leaders that I don't mention in here..

Just make it simple and easy: Cambodian nation comes first, personal interest and security comes second..safety of the nation first..to all heroic Khmer leaders!

Anonymous said...

7:42 am You left out the royal family being involve with signing it over too.

Anonymous said...

This just makes me sick to the stomach..... I don't know what to write anymore....

Anonymous said...

Well. What can I say! We have Khmer Rouge ruling the country. If they killed 1.7million without second thought, do you think they care giving all the Khmer Land to Masters.

Hun Sen speech is equivalent to Kindergarten. All idiots...

Anonymous said...

Hey, what Khmer-gringoes think,
don't count because they are not
Khmer but Zombavian. As far as real
Khmer is concerned the border issue
was history.

Anonymous said...

Death to Hanoi, death to Communist Vietnam, death to CPP, death to Hun Sen and death to all his Clans and his kind. After we get rid of them, there will be signs all over the boarder between Cambodia and Vietnam that will read "NO DOGS ALLOWED OR RISK BEING PUT TO SLEEP" and that goes for ALL yuon dogs.

Anonymous said...

Bring it all down!!!!!!!!!

Anonymous said...

Yeah, but Hanoi can't sign anything
when they are all dead, can they?
If that happens, the Chinese will
inherited the land because they are
cousins and family, and I doubt it
that the Chinese will signed
anything with a bunch of bozzoes.
Mua hahahaha ... !!!

Anonymous said...

listen all your dumb crackhead.
i didn't sign that treaty with ah chor yuon, it was ah chor yuon who did it on their own and put the blame on me. I am ah hun kvak how can i see or know how to read?
i wanted to run away but ah chor yuon threated to kill me and my family members. what can I do if each time i am forced to talk. ah hok lundee is yuan and how many times he slept with mi j'rouk my wife? all the time. it hurts me so bad to see mee j'rouk did with ah chor yuon Hok in front of my face. :(