Sunday June 29, 2008
Bangkok Post
Government and civil authorities should take this opportunity and reaffirm Thailand's former stance that a joint World Heritage Site for the ancient ruins is in order, writes ACHARA ASHAYAGACHAT
The Preah Vihear debate should now go beyond nationalistic furore - which may have been founded by the politicisation of the issue by the People's Alliance for Democracy (PAD) and later on by members of parliament, who are charging something just short of treason was committed in allowing the unchallenged loss of sovereignty over some 4.6 square kilometres of land to Cambodia.
The debate should also move past the question of whether Thailand should defy the earlier International Court of Justice verdict which awarded that small parcel of land to Cambodia. This is a time for reason. Blind nationalism has already undermined the small amount of good will that existed in Thai-Cambodian relations. It would not do to instill hatred or damage the already difficult matter of border delineation.
Certainly no one wants a repeat of the rioting which resulted in the Thai Embassy and Thai businesses being torched and looted in this neighbouring land in 2003.
Now is the time for pragmatic actions. The opposition must come up with strong evidence of any alleged fishy deals the administration of Prime Minister Samak Sundaravej, and Foreign Minister Noppadon Pattama in particular, have made in exchange for the swift Thai support of Cambodia's application to host a Preah Vihear World Heritage Site.
More importantly, the time is also short for any last-ditch attempt to call international attention to the issue.
To compensate for the loss of national image in the international arena and to catch up in the race against time, the Samak government and the Thai representatives to the World Heritage Committee need to douse the fire inside the house and transform this crisis into opportunity.
U-TURN ON PREAH VIHEAR
The domestic debate on the issue is a strong basis for the civil servants and politicians to make a U-turn, defy the validity of the joint communique' hurriedly signed by the Thai and Cambodian ministers last month and reaffirm Thailand's former stance that a joint listing of the ancient ruins with Cambodia is in order. That is a baseline for many academics, including those from Thammasat University's Thai Khadi Studies Institute and the National Institute for Development Administration's (NIDA) Faculty of Social and Environmental Development, as well independent historians, international law experts and some senators.
They have also called for a challenge to the merit and integrity of the Unesco World Heritage Committee (WHC) if a judgement is handed down in Quebec during the 2-10 July meeting in favour of the sole listing of Cambodia.
Yet, these advocates know things will not easily turn out in favour of the Thai critics. Thammasat University law associate professor Prasit Pivavatnapanich noted that the constitutionality of the joint communique' has yet to be considered by the Constitutional Court. The court is to determine if it is in violation of Article 190, which stipulates that any contract the executive branch agrees to that profoundly affects social and economic benefits to Thailand, as well as its territorial sovereignty, shall be subject to parliamentary scrutiny before the signing.
Even if the Constitutional Court judged that the joint communique' (see attached copy of the communique) is equivalent to an agreement or a treaty as it would affect the integrity of the Thai boundary, the national, internal verdict could not nullify the 1962 verdict by the International Court of Justice in Geneva which upheld the validity of a map showing the ancient temple complex on Cambodian soil, said Mr Prasit.
Territories in question should be dealt with at another forum, he continued, and Thailand should challenge (at that venue) the accuracy of the 11 maps drawn by the French which were used at the International Court hearing. The demarcation should be based on the physical features of the land; in particular, the borderline should be drawn around the watershed and not cut through it.
A senior military map marker who shall remain unnamed said it was all partly Thailand's fault.
"We should have argued the accuracy and validity of the maps ages ago, but we have done nothing," said the uniformed officer.
In a sad metaphor, the soldier said the 1962 decision was the first chapter of the Preah Vihear dispute, and 2008 was the second chapter, but not likely the end. He predicted neither side would be able to overcome deep-rooted mistrust and dig out a real strategy for dealing with the blurry borderline.
Foreign Ministry permanent secretary Virasak Futrakul said even if the temple was endorsed as a World Heritage Site this year it would not result in Thailand's losing any territory at all. He added that the demarcation on the disputed areas of Preah Vihear should take less than a decade to settle.
This was not convincing to the military mapsman, who remarked that without a stable political climate on both sides of the border the boundary demarcation might take another 100 years.
Glossy Report
Cambodia prepared a 47-page glossy document for the World Heritage Committee, detailing how the Thai government had been providing "active support" to assist in its application to sponsor the temple on the World Heritage List.
This propaganda material looks very convincing because it chronicles step by step how the present Thai leaders gave such assistance.
However, since the outbreak of protests in Thailand the Foreign Ministry has told Cambodia the maps used in the nomination proceedings must not contrast with the map redrawn in 1963 under the direction of the cabinet of Field Marshal Sarit Thanarat. This map showed the buildings in the Preah Vihear complex under Cambodian sovereignty, but not all of the temple complex. For example, the pond and the approach are shown as belonging to Thailand. Cambodia originally included these areas in its application as part of a "buffer zone", but now has apparently given up trying to exert any control over them.
Little mention of this has been made in the Cambodian media so far. The Voice of America quoted Sean Pengse, director of the Paris-based Cambodia Border Committee, as saying that the International Court has decided that the temple and areas surrounding it belonged to Cambodia, and excluding the surrounding areas would be costly for Cambodia in terms of its integrity.
Criticism will certainly be surging in the weeks to come, given that the general election in Cambodia is counting down. Negative nationalism has unfortunately been fanned, of course in favour of the ruling government of Prime Minister Hun Sen.
A ceremony was held at Wat Phnom at which a message was read from King Sihanouk in support of the International Court's ruling on Preah Vihear at the 46th anniversary of the ruling on June 15.
There is no doubt strongman Hun Sen would like to see Preah Vihear listed as a World Heritage site along with his likely triumph in the coming election.
He inaugurated last month a project to build a 118-kilometre road linking provincial capital T'beng Meanchey with the temple, to be completed within 45 months. The road, partially funded by the Chinese, would also link the Angkor Wat World Heritage Site in Siem Reap province through Kampong Thom province. This would mean less dependence on the traditional entry point to the temple from Si Sa Ket province in Thailand.
Meanwhile, an Indian company has unveiled a multimillion-dollar proposal to build an airport serving Preah Vihear, while a Japanese firm reportedly wants to construct a cable car route up the steep Cambodian side.
What's more, ousted Thai premier Thaksin Shinawatra reportedly plans a casino investment not very far from the future World Heritage Site.
Despite all the moves to capitalise on the heightened tourist appeal of Preah Vihear, Thai officials are orchestrated in affirming that Cambodia has compromised, which should be considered a mini-triumph for Thailand.
"For its part, the Kingdom of Cambodia, in a spirit of goodwill and conciliation, accepted to inscribe the Temple of Preah Vihear on the World Heritage List, at this stage, without a buffer zone on the north and west of the Temple," says an official Cambodian document. This implies that Cambodia has agreed to Thailand's claims to ownership of parts of the complex and access route.
Sending the Wrong Signal
Many are wondering why the Samak government was so keen to endorse Cambodia's move on Preah Vihear in the absence of an amicable agreement on the territorial dispute. Why not push for a joint application? The endorsement is sending a signal that Thailand will never try to reclaim Preah Vihear.
Former Thai ambassador Sompong Sucharitkul has said this seems a truly unforgivable diplomatic blunder. He is among the many that feel the integrity and authenticity of the site can only be maintained through joint listing and joint management.
Pisit Charoenwongs, a renowned Thai scholar and director of the SEMEAO Regional Centre for Archaeology and Fine Arts, said at a recent seminar organised by the Senate Committee on Religion, Ethics, and Culture that Thailand has become a villain in the eyes of the international community because of the dispute with Cambodia .
He added that Thailand needs to seek global partners, and explain in a straightforward and clear manner that opponents of Cambodia's unitary application are behaving reasonably, and ultimately for the sake of preservation of the Preah Vihear temple.
"The Thai delegation needs to argue with strong evidence and in a comprehensive and systematic manner that it would set a bad precedent if only the temple and not the functional vicinity of the whole property is listed," said the senior Southeast Asian arts expert.
The ball will therefore lie in the court of WHC members Australia, Bahrain, Barbados, Brazil, Canada, China, Cuba, Egypt, Israel, Jordan, Kenya, South Korea, Madagascar, Mauritius, Morocco, Nigeria, Peru, Spain, Sweden, Tunisia and the US, whose membership in the WHC will voluntarily end by the end of next year.
Sawitree Sunwansathit, a former senior Education Ministry official and adviser to the Culture Ministry, had a sour note for the Thai public. She said many of the members have successfully lobbied to throw their support for Cambodia, and that no matter how well or vehemently argued, the Thai points may have little weight in the committee's consideration.
Ms Sawitree also said application for a parallel listing for Thailand at the Quebec meeting will not also be possible. As the name implies, this would be somewhat less cooperative than a joint listing.
Tharapong Srisuchat, head of the Fine Arts Department's Archaeological Bureau, said it might take some 3-5 years before Thailand could come up with its own proposal.
Mr Pisit, however, believed the World Heritage Committee is required to understand that the wholeness of the sacred temple needs to be preserved when considering the merit of Cambodia's application - particularly to little details such as how small or large the buffer zone for the site would be.
If the buffer zone is too large, it will penetrate into Thailand, and if the space is not adequately allotted, it will cause an eyesore, as in Ayudhaya. So, said the scholar, Thailand is justified and deserving of sympathy in a request that the government have more time to study the more appropriate joint listing and joint management of the site.
Ms Sawitree added that visitors would be treated to a more graceful and sacred atmosphere with an entrance from Thailand, as opposed to the casino-dotted landscape on the Cambodian side.
She said it should be explained to the committee that it is important to understand the real function of this temple, which in ancient times was serving the indigenous community on the eastern side (now Thailand) and not on the west, as is distortedly reported in Cambodian documents.
Pongpol Adireksarn, newly-appointed head of the Thai delegation to the WHC, believes a joint listing is the best option, but Thailand might also seek a parallel listing, as is the case of the Waterton-Glacier International Peace Park which straddles the US-Canadian border.
But the case of Zimbabwe and Zambia on the joint management of the Victoria Falls, which was listed a World Heritage Site in 1989, might be a hard lesson. The two nations did not sign a joint management plan until 2007.
Indonesia and Malaysia filed separately for nomination of Borneo as a World Heritage Site in February and June 2004, respectively. The Committee has yet to endorse their applications.
The academics believe that now Thailand should work on the document already submitted by the Fine Arts Department to Unesco recommending certain areas and stupas be listed along with the Preah Vihear temple to complete the cultural landscape.
The important places on the Thai side include linga sculpture that represent a site to pay homage prior to entering the higher and more sacred ground, as well as Sa Trao swamp, which had an irrigation function for the indigenous community, as well as the Pha Mo E-Daeng archeological site in the northeastern part of the temple complex.
Traces of indigenous and ancient communities rich in Thai, Lao and Khmer culture straddling the temple complex should also be considered in order to preserve the authenticity and integrity of the site.
The Preah Vihear debate should now go beyond nationalistic furore - which may have been founded by the politicisation of the issue by the People's Alliance for Democracy (PAD) and later on by members of parliament, who are charging something just short of treason was committed in allowing the unchallenged loss of sovereignty over some 4.6 square kilometres of land to Cambodia.
The debate should also move past the question of whether Thailand should defy the earlier International Court of Justice verdict which awarded that small parcel of land to Cambodia. This is a time for reason. Blind nationalism has already undermined the small amount of good will that existed in Thai-Cambodian relations. It would not do to instill hatred or damage the already difficult matter of border delineation.
Certainly no one wants a repeat of the rioting which resulted in the Thai Embassy and Thai businesses being torched and looted in this neighbouring land in 2003.
Now is the time for pragmatic actions. The opposition must come up with strong evidence of any alleged fishy deals the administration of Prime Minister Samak Sundaravej, and Foreign Minister Noppadon Pattama in particular, have made in exchange for the swift Thai support of Cambodia's application to host a Preah Vihear World Heritage Site.
More importantly, the time is also short for any last-ditch attempt to call international attention to the issue.
To compensate for the loss of national image in the international arena and to catch up in the race against time, the Samak government and the Thai representatives to the World Heritage Committee need to douse the fire inside the house and transform this crisis into opportunity.
U-TURN ON PREAH VIHEAR
The domestic debate on the issue is a strong basis for the civil servants and politicians to make a U-turn, defy the validity of the joint communique' hurriedly signed by the Thai and Cambodian ministers last month and reaffirm Thailand's former stance that a joint listing of the ancient ruins with Cambodia is in order. That is a baseline for many academics, including those from Thammasat University's Thai Khadi Studies Institute and the National Institute for Development Administration's (NIDA) Faculty of Social and Environmental Development, as well independent historians, international law experts and some senators.
They have also called for a challenge to the merit and integrity of the Unesco World Heritage Committee (WHC) if a judgement is handed down in Quebec during the 2-10 July meeting in favour of the sole listing of Cambodia.
Yet, these advocates know things will not easily turn out in favour of the Thai critics. Thammasat University law associate professor Prasit Pivavatnapanich noted that the constitutionality of the joint communique' has yet to be considered by the Constitutional Court. The court is to determine if it is in violation of Article 190, which stipulates that any contract the executive branch agrees to that profoundly affects social and economic benefits to Thailand, as well as its territorial sovereignty, shall be subject to parliamentary scrutiny before the signing.
Even if the Constitutional Court judged that the joint communique' (see attached copy of the communique) is equivalent to an agreement or a treaty as it would affect the integrity of the Thai boundary, the national, internal verdict could not nullify the 1962 verdict by the International Court of Justice in Geneva which upheld the validity of a map showing the ancient temple complex on Cambodian soil, said Mr Prasit.
Territories in question should be dealt with at another forum, he continued, and Thailand should challenge (at that venue) the accuracy of the 11 maps drawn by the French which were used at the International Court hearing. The demarcation should be based on the physical features of the land; in particular, the borderline should be drawn around the watershed and not cut through it.
A senior military map marker who shall remain unnamed said it was all partly Thailand's fault.
"We should have argued the accuracy and validity of the maps ages ago, but we have done nothing," said the uniformed officer.
In a sad metaphor, the soldier said the 1962 decision was the first chapter of the Preah Vihear dispute, and 2008 was the second chapter, but not likely the end. He predicted neither side would be able to overcome deep-rooted mistrust and dig out a real strategy for dealing with the blurry borderline.
Foreign Ministry permanent secretary Virasak Futrakul said even if the temple was endorsed as a World Heritage Site this year it would not result in Thailand's losing any territory at all. He added that the demarcation on the disputed areas of Preah Vihear should take less than a decade to settle.
This was not convincing to the military mapsman, who remarked that without a stable political climate on both sides of the border the boundary demarcation might take another 100 years.
Glossy Report
Cambodia prepared a 47-page glossy document for the World Heritage Committee, detailing how the Thai government had been providing "active support" to assist in its application to sponsor the temple on the World Heritage List.
This propaganda material looks very convincing because it chronicles step by step how the present Thai leaders gave such assistance.
However, since the outbreak of protests in Thailand the Foreign Ministry has told Cambodia the maps used in the nomination proceedings must not contrast with the map redrawn in 1963 under the direction of the cabinet of Field Marshal Sarit Thanarat. This map showed the buildings in the Preah Vihear complex under Cambodian sovereignty, but not all of the temple complex. For example, the pond and the approach are shown as belonging to Thailand. Cambodia originally included these areas in its application as part of a "buffer zone", but now has apparently given up trying to exert any control over them.
Little mention of this has been made in the Cambodian media so far. The Voice of America quoted Sean Pengse, director of the Paris-based Cambodia Border Committee, as saying that the International Court has decided that the temple and areas surrounding it belonged to Cambodia, and excluding the surrounding areas would be costly for Cambodia in terms of its integrity.
Criticism will certainly be surging in the weeks to come, given that the general election in Cambodia is counting down. Negative nationalism has unfortunately been fanned, of course in favour of the ruling government of Prime Minister Hun Sen.
A ceremony was held at Wat Phnom at which a message was read from King Sihanouk in support of the International Court's ruling on Preah Vihear at the 46th anniversary of the ruling on June 15.
There is no doubt strongman Hun Sen would like to see Preah Vihear listed as a World Heritage site along with his likely triumph in the coming election.
He inaugurated last month a project to build a 118-kilometre road linking provincial capital T'beng Meanchey with the temple, to be completed within 45 months. The road, partially funded by the Chinese, would also link the Angkor Wat World Heritage Site in Siem Reap province through Kampong Thom province. This would mean less dependence on the traditional entry point to the temple from Si Sa Ket province in Thailand.
Meanwhile, an Indian company has unveiled a multimillion-dollar proposal to build an airport serving Preah Vihear, while a Japanese firm reportedly wants to construct a cable car route up the steep Cambodian side.
What's more, ousted Thai premier Thaksin Shinawatra reportedly plans a casino investment not very far from the future World Heritage Site.
Despite all the moves to capitalise on the heightened tourist appeal of Preah Vihear, Thai officials are orchestrated in affirming that Cambodia has compromised, which should be considered a mini-triumph for Thailand.
"For its part, the Kingdom of Cambodia, in a spirit of goodwill and conciliation, accepted to inscribe the Temple of Preah Vihear on the World Heritage List, at this stage, without a buffer zone on the north and west of the Temple," says an official Cambodian document. This implies that Cambodia has agreed to Thailand's claims to ownership of parts of the complex and access route.
Sending the Wrong Signal
Many are wondering why the Samak government was so keen to endorse Cambodia's move on Preah Vihear in the absence of an amicable agreement on the territorial dispute. Why not push for a joint application? The endorsement is sending a signal that Thailand will never try to reclaim Preah Vihear.
Former Thai ambassador Sompong Sucharitkul has said this seems a truly unforgivable diplomatic blunder. He is among the many that feel the integrity and authenticity of the site can only be maintained through joint listing and joint management.
Pisit Charoenwongs, a renowned Thai scholar and director of the SEMEAO Regional Centre for Archaeology and Fine Arts, said at a recent seminar organised by the Senate Committee on Religion, Ethics, and Culture that Thailand has become a villain in the eyes of the international community because of the dispute with Cambodia .
He added that Thailand needs to seek global partners, and explain in a straightforward and clear manner that opponents of Cambodia's unitary application are behaving reasonably, and ultimately for the sake of preservation of the Preah Vihear temple.
"The Thai delegation needs to argue with strong evidence and in a comprehensive and systematic manner that it would set a bad precedent if only the temple and not the functional vicinity of the whole property is listed," said the senior Southeast Asian arts expert.
The ball will therefore lie in the court of WHC members Australia, Bahrain, Barbados, Brazil, Canada, China, Cuba, Egypt, Israel, Jordan, Kenya, South Korea, Madagascar, Mauritius, Morocco, Nigeria, Peru, Spain, Sweden, Tunisia and the US, whose membership in the WHC will voluntarily end by the end of next year.
Sawitree Sunwansathit, a former senior Education Ministry official and adviser to the Culture Ministry, had a sour note for the Thai public. She said many of the members have successfully lobbied to throw their support for Cambodia, and that no matter how well or vehemently argued, the Thai points may have little weight in the committee's consideration.
Ms Sawitree also said application for a parallel listing for Thailand at the Quebec meeting will not also be possible. As the name implies, this would be somewhat less cooperative than a joint listing.
Tharapong Srisuchat, head of the Fine Arts Department's Archaeological Bureau, said it might take some 3-5 years before Thailand could come up with its own proposal.
Mr Pisit, however, believed the World Heritage Committee is required to understand that the wholeness of the sacred temple needs to be preserved when considering the merit of Cambodia's application - particularly to little details such as how small or large the buffer zone for the site would be.
If the buffer zone is too large, it will penetrate into Thailand, and if the space is not adequately allotted, it will cause an eyesore, as in Ayudhaya. So, said the scholar, Thailand is justified and deserving of sympathy in a request that the government have more time to study the more appropriate joint listing and joint management of the site.
Ms Sawitree added that visitors would be treated to a more graceful and sacred atmosphere with an entrance from Thailand, as opposed to the casino-dotted landscape on the Cambodian side.
She said it should be explained to the committee that it is important to understand the real function of this temple, which in ancient times was serving the indigenous community on the eastern side (now Thailand) and not on the west, as is distortedly reported in Cambodian documents.
Pongpol Adireksarn, newly-appointed head of the Thai delegation to the WHC, believes a joint listing is the best option, but Thailand might also seek a parallel listing, as is the case of the Waterton-Glacier International Peace Park which straddles the US-Canadian border.
But the case of Zimbabwe and Zambia on the joint management of the Victoria Falls, which was listed a World Heritage Site in 1989, might be a hard lesson. The two nations did not sign a joint management plan until 2007.
Indonesia and Malaysia filed separately for nomination of Borneo as a World Heritage Site in February and June 2004, respectively. The Committee has yet to endorse their applications.
The academics believe that now Thailand should work on the document already submitted by the Fine Arts Department to Unesco recommending certain areas and stupas be listed along with the Preah Vihear temple to complete the cultural landscape.
The important places on the Thai side include linga sculpture that represent a site to pay homage prior to entering the higher and more sacred ground, as well as Sa Trao swamp, which had an irrigation function for the indigenous community, as well as the Pha Mo E-Daeng archeological site in the northeastern part of the temple complex.
Traces of indigenous and ancient communities rich in Thai, Lao and Khmer culture straddling the temple complex should also be considered in order to preserve the authenticity and integrity of the site.
18 comments:
Misiion Impossible for Thailand. Please don't care much, just ignore them. If we fail to register Preah Vihear this time, don't get angry with them. Be cool. But next time, let's even claim the surrounding area(4.6km2)to be registered just by us. Take them to the ICJ again.
Kadu Ma kong Kak, Thailand!
Agree , be cool and wait , we should claim evry inches that belong to us.
FUCK AH SIAM GREEDY NATION...DEAD WITH YOUR GREEDINESS.
E BAR , SIAM
Let's make it so, brother Surin! Let's cash in on our inheritance now before it's too late.
It's never too late what is our is our, just enlist Preah Vihear and just like them bark.
It can't be yours. You don't even have Surin's accent.
You know what, Khmer surin has been silent on this issue for a long time, I suggest now that Khmer really know that Most khmer surin favors Thailand, their host country, if they are so khmer why don't they protest this in Thailand, saying it was Cambodia, is Cambodian terriroty.
Get it straight, only KHMER USA, kHMEr KROM, KHMER FRANCE KHMER AUSTRILIA, KHMER CANADA, love the motherland.
KHMER IN THAILAND LOVE THAILAND. WE BEEN LOVING KHMER IN THAILAND SO MUCH THAT TIME AND TIME AGAIN THEY DISSAPOINT US.
The thais in Thailand will use the enthic khmer in thailand against us, theu been doing this for so long. Well khmer in Cambodia now say this.
we dont GIVE A SHIT
yeah,
tell you the truth, a researcher made a survey on khmer surin about how they think toward khmers in Cambodia. The answers are that, they hate us (khmer cambodia) and hate their own identity as khmers.
Only us can help ourselves.
thanks KHMER USA, kHMEr KROM, KHMER FRANCE KHMER AUSTRILIA, KHMER CANADA,..
you got it right, we might like their khmer surin dvd, but no way do they like the cambodians, have you seen them visting cambodia and represnting cambodia???? have you seen them hold up the thai king picture, have you seen them talk more thai then khmer, have you seen them say shit about this issue, they will say " give it to thailand"
thailand has no right on anything to do with preah vihear. again, icj is the law. so don't even dream on co-joint with preah vihear. keep on crying and suffering emotional problem as cambodia and the icj cannot help thailand in this case as case is closed 46 years ago. but, yes, thailand thugs can protest for the next 100 million years and it would make indifferent on cambodia and icj. god bless cambodia.
10:16PM of course not I'm from Texas,
you know Silicon valley...
PS.: Silicon valley nothing to do with artificial breast. Just in case!!!
Now we should ask the UNESCO to let us have joint agreement with all Khmer's temples (Prasat) in Thailand as well.
For example:
1-Prasat Phnom Rung
2-Prasat Phimai
3-Prasat Ta Moeung Thom
4-Prasat Ta Moeung Touch
5-And all other prasat that scatters all across Thailand and once were under the Khmer's empire.
11:32pm, you mean traitors?
4:26am, totally and wholeheartedly agree with you. god bless.
Come on guys, you think Khmer Surin doesn't need economic growth like everyone else?
I tell you what: why we don't switch turn to develop the temple. Cambodia had it for 50 years; now it's Khmer Surin's turn. How's that sound?
icj rules!!!! god bless cambodia.
Yeah, ICJ rules my arse!
Yep! GOD BLESS CAMBODIA.
MAY THAILAND HIT BY TSUNAMI AGAIN AND EARTHQUAKE FOR BEING THIEVES.
Yeah, ICJ will rule ur ass for sure you fucking siem 7:56!
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