Saturday, July 26, 2008

PREAH VIHEAR: A KHMER HERITAGE

By Kenneth T. So
THE KHMER EMPIRE

The Khmer Empire was at its apogee during the reign of Jayavarman VII (1181-1215 A.D.). Its territory covered the current Cambodia, all of southern Vietnam, all of the current Laos, all of the current Thailand, and part of the current Malaysia.
Unlike the Khmers, Thais, known then as Siamese, were not natives of the region. The kingdom of Thailand, known then as Siam, did not appear in Southeast Asia until the mid-14th century. A well-known Thai historian, Sulak Sivarak, who was a Nobel Peace Prize nominee and the winner of the Right Livelihood Award said of the Khmer Empire: “It included everything right up to Lopburi and all of what is now Bangkok".
Again, describing the Khmer Empire, Peter Janssan of the Hindustan Times quoted Sulak Sivaraka in his article on 18 June 2008: “Thai invasions of Cambodia, then in its decline, led to the adoption of many Khmer cultural traditions by the Thais, including the Hindu concept of god-kings and court rituals, and an ongoing fondness for Brahman-inspired black magic, especially among Thai politicians”. Peter Janssan went on to describe that there are many more Khmer temples located in Thailand, especially along the northeast Thailand- Cambodian border like Buriram, Surin, and Sisaket.


THE FRENCH PROTECTORATE

Cambodia was a vassal state under Siam during the reign of King Ang Duong. Cambodia had lost Battambang, Sisophon, and Siem Reap to Siam. Siam had placed spies everywhere at the court of Oudong. To get out of the Siam’s manacles, King Norodom who succeeded his father, King Ang Duong, sought out help from France.

On 23 March 1907, under the reign of King Sisowath who succeeded his brother, KingNorodom, France (as the protectorate of Cambodia) and Siam signed a border treaty that completed the 1904 treaty. In the 1904 treaty Siam ceded Tonlé Repou, Mlou Prey, Koh Kong, and Stung Trèng to Cambodia. The 1907 treaty subsequently produced the French-Siamese Commission 1907 Frontier, placing Preah Vihear under the control of Cambodia. The French-Siamese 1907 treaty had Siam ceded almost all Cambodia ancient territory of the 16th century back to Cambodia. The territory included Battambang, Sisophon, Siem Reap, Mongkol Borei, and Tnot.

In spite of this agreement, Thailand contested in 1934 that the Temple of Preah Vihear belonged to her and their surveyors redrew the frontier to locate Preah Vihear in Thailand’s territory. In 1954 Thailand occupied Preah Vihear. On 6 October 1959, Cambodia, under the leadership of Prince Norodom Sihanouk, petitioned the International Court of Justice (ICJ) of the Hague, Netherlands, to rule on the dispute. By the end of the year, Thailand retaliated with a claim listing Preah Vihear as a national archeological site. On June 15, 1962, the ICJ made a judgment recognizing that the Temple of Preah Vihear belonged to Cambodia using the French-Siamese Commission 1907 Frontier Line as one of the supporting arguments. A satellite photo showing Preah Vihear and its surrounding region with demarcations of the frontier established by the French-Siamese Commission 1907 is presented in Figure 6. Figure 7 shows another satellite photo of Preah Vihear and the Dangrek mountain range. Thailand never protested against the verdict. However, over the years Thailand has unilaterally redrawn the map that contradicts the ICJ judgment.

The temple of Preah Vihear was originally built under Yasovarman I, a Khmer king who reigned from 889 to 910 A.D. The building started in light material, but its completion in stone was carried on later by his successors. The temple was dedicated to Shiva (God of destroyer). The setting of Preah Vihear was ideal for a Khmer monarch who dedicated the temple for Shiva because of its spectacular location sitting atop of a high cliff over 500 meters above the lower ground.

THE THAI TWISTED THESIS OF THEIR ORIGIN

There are some Thais in the academic, the press, and the media who fantasize in their justification of Preah Vihear belonging to Thailand by advancing a twisted thesis claiming that Khmer is not the same as Khorm (note: the Thai used to call Khmer as either Khamin or Khorm). They say that Khmer is Khamin, which is different from Khorm. Furthermore, they say that Khorms are the real inhabitants of what is now Thailand and they were the builders of Preah Vihear, Angkor, and all the ancient temples found in Cambodia and Thailand. They are saying that Khmers are not the descendents of the Angkor builders. Therefore, they try to justify by implication that Thai people are the true descendents of the Khorms, the original inhabitants of Thailand and builders of Preah Vihear and Angkor. The Thai people have such a twisted mind. Believing in this twisted thesis is like believing that a bullet firing from a gun can be curved around a corner. The Thais are not only satisfied to steal everything that are precious to Khmers and then claimed them to be their own, such as Preah Ko Preah Keo, Preah Khan Reach, Khmer classical dance and music, Khmer style boxing, and Khmer scripts “Aksor Moul” (the Thai called it sacred scripts instead of Khmer scripts), but now they try to even steal Khmer identity. They want to strip Khmer people bare of any ancestry.

OBSERVATIONS

A few important observations to the central issue of the Preah Vihear temple must be brought up to the attention of the world. The following are two immediate points of interest concerning the affair of the Preah Vihear temples:
1. The press keeps mentioning that Preah Vihear was an ancient Hindu temple instead of a Khmer temple. Preah Vihear is not a Hindu temple but a Khmer temple built under the reign of Yasovarman I, a Khmer king in the 9th century, dedicated to Shiva, one of the Hindu gods. When the press says that Preah Vihear is a Hindu temple, it deemphasizes Khmer ownership and legitimacy to the temple. In modern time, the war of words is very important. This clarification is very important and it must be emphasized at all time.
2. Thailand kept insisting on using her own map to claim the disputed area around Preah Vihear instead of the French-Siamese Commissioned Map of 1907, where the International Court of Justice (ICJ) based its judgment on to award Preah Vihear to Cambodia. The map was the product of the treaty signed by Thailand and French (Cambodia was under the French protectorate) in 1907. It is legal and binding. Thailand wants to use its own map that is not binding and not recognized by the International Court of Justice. Cambodia must not give in to the Thai insistence of using her own map to settle the dispute of Preah Vihear and its surrounding area.

CAMBODIA AND THAILAND JOINT COMMUNIQUE

Originally, Thailand was opposed to Cambodia’s proposal to UNESCO for the inscription of the Temple of Preah Vihear on the World Heritage List. Thailand was objected to the languages and maps in the document that Cambodia submitted to UNESCO showing the contested areas surrounding Preah Vihear as belonging to Cambodia. In order to enlist Thailand’s support, Cambodia agreed to put aside her claim to the disputed areas around the Temple of Preah Vihear. A Joint Communiqué was signed on 18 June 2008 by H.E. Deputy Prime Minister Sok An, representing Cambodia, and by H.E. Minister of Foreign Affairs Noppadon Pattama, representing Thailand. The Representative of the United Nations Educational, Scientific, and Cultural Organization (UNESCO), Assistant Director-General for Culture Françoise Rivière, was the witness. The Joint Communiqué is presented herein.


THE SIGNIFICANCE OF THE JOINT COMMUNIQUE

After the Joint Communiqué was signed, the Thai Constitutional Court voted 8-1 on 8 July 2008 that the Joint Communiqué signed by Foreign Minister Noppadon Pattama to endorse Cambodia’s application to inscribe the Temple of Preah Vihear as World Heritage List was unconstitutional. The ruling stated that "The government must consult and get approval from Parliament before signing treaties with foreign countries." As a result of this ruling, the Thai government withdrew her support for Cambodia in all matters related to the inscription of the Temple of Preah Vihear as a UNESCO World Heritage Site. In spite of Thailand’s objection, the UNESCO approved to inscribe the Temple of Preah Vihear as a World Heritage List at the 32nd session meeting in Quebec, Canada, on 7 July 2008.
It seemed that Cambodia and Thailand had the same philosophy but two completely different objectives. The philosophy from both sides was to divide and conquer. Cambodia was interested in getting UNESCO to list the Temple of Preah Vihear as a World Heritage Site first and deal
with the issue of the territorial dispute around Preah Vihear later. On the other hand, Thailand was mainly interested in Cambodia to exclude the territorial dispute from the application to UNESCO.
The objective from the Cambodian government was to expect that the UNESCO approval to inscribe the Temple of Preah Vihear on the World Heritage List was a tacit way of legitimizing Cambodia’s claim for the disputed areas around Preah Vihear. However, from the Thai government’s point of view, the signature of the Cambodian Deputy Prime Minister on the Joint Communiqué was considered a breakthrough that opened the door for Thailand to reclaim the disputed areas around Preah Vihear that she had lost at the International Court of Justice on 15 June 1962. The first question now ensued. Since the Thai government withdrew her support for
Cambodia’s application to UNESCO for the inscription of the Temple of Preah Vihear on the World Heritage List, would the Joint Communiqué that was signed by the Thai Foreign Minister Noppadon Pattama become null and void? It requires two persons to tango. The second question ensued. Was the Joint Communiqué signed by Deputy Prime Minister Sok An constitutional under Cambodian’s laws? Like Thailand, does the government of Cambodia require consultation and approval from the Parliament before any treaties can be signed with foreign governments? A treaty deals with the national security of the nation. Therefore, it is too important for the government alone to decide it without consultation and approval from the Parliament.
The third question ensued. Even though Cambodia did not recognize the claim by Thailand concerning the disputed areas around the Temple of Preah Vihear, would the Joint Communiqué somewhat give credence to Thailand’s claim? Paragraph 3 in the Joint Communiqué is very disturbing because it says that the map shown in Figure 14 supersedes other maps, specifically the “Schéma Directeur pour le Zonage de Preah Vihear” and all the “core zone” mentioned in all graphics. Does this mean that the Cambodian government rejects the map from the French-Siamese Commission Frontier1907 Line? Paragraph 4 is also disturbing because it conforms to the claim by Thailand concerning the disputed area, which is on the west and north of the Temple of Preah Vihear (Figure 15). The Joint Communiqué cannot be left in its current format and understanding because it is more detrimental to Cambodia but more advantageous to Thailand. Like the Thai, The Cambodian Constitutional Court must declare that the Joint Communiqué was unconstitutional to avoid further challenges from Thailand. Cambodia territorial integrity is more important than the listing of the Temple of Preah Vihear as a World Heritage Site by UNESCO.

CONCLUSION

Cambodia is doing the right thing to seek help from the United Nations (UN). It is not in the interest of Thailand to have the UN intervene in the affair of Preah Vihear, because she knows that Cambodia has more legitimacy and historical claim of Preah Vihear and its surrounding area than Thailand does. The UN will have to consider and abide by the 1962 judgment made by the International Court of Justice (ICJ) and the recent recognition by the United Nations Educational, Scientific, and Cultural Organization (UNESCO) that included Preah Vihear in the World Heritage List. If the UN were to side with Cambodia, then they would probably ask Thailand to withdraw from the disputed area.

Thailand is playing hardball because she knows Cambodia is no match with her militarily. Cambodia has no choice but to ask the UN for help. With the UN help Thailand will not dare to encroach further into Cambodia territory. If war were to erupt, Thailand would be condemned by the world and she will lose face. Additionally, the Muslims are now waiting for the right opportunity to stir troubles again in the southern region of Thailand if this latter decides to go to war with Cambodia. Thailand cannot afford to have war with Cambodia. Thailand may win in the short term but she will lose in the long run. Thailand fears the UN because among the five permanent members, Cambodia can count on France, China, and Russia to side with her. As to the US and the UK positions, nothing can be certain but if these two countries interpret the laws and historical facts properly, they should come to the conclusion that Thailand has no claim and basis over Preah Vihear and its surrounding area that she had ceded to Cambodia during the French-Siamese 1907 treaty.
The UN cannot ignore the ICJ judgment that recognized Preah Vihear belonging to Cambodia, because to do otherwise would bring chaos to the international rule of laws. There is no doubt, both based on the court of laws and historical facts, that the Temple of Preah Vihear is a Khmer heritage and belonging to Cambodia.

Kenneth T. So
July 24, 2008
----------------------------------------------
1. Please also read another excellent article on the World Court judgement on the Preah Vihear case by Mr. Bora Touch. Please click here: World Court Judgement.
2. By Mr. Julio Jeldres : A Short History Preah Vihear .

15 comments:

Anonymous said...

It's very interesting....Preah Vihear must belong to Cambodia including historical and international law. Nothing to proclaim this temple is belong to Thailand. It is not late for BangKok's Government withdraw your soldier from Cambodia territory immediatelly before Cambodia complain to ICJ.

From Ramy, Chungnam University, South korea

Anonymous said...

I am wondering if anyone knows something about the previous arragements between the two countries regarding tourists profits share while the talks have been in slow progress for a decade or so? regarding the diputed land? For example, when tourists came via Thailand to Preah Vihear, how much would the government get per tourist? Who benefit more the other economically?

Anonymous said...

I got his from Bangkpost.com

Please read i t!!!!


The PAD is behind it all

Many thanks for Songdej Praditsmanont's mock response (Postbag, July 24) to my letter of July 23. In view of the nationalistic vehemence, I have attentively read and watched CNN, Reuters, Channel NewsAsia, the Bangkok Post and the International Herald Tribune, some of which imply that the current border spat has more to do with the political uproar stoked by the People's Alliance for Democracy (PAD) in Thailand. On the contrary, it is business as usual in Cambodia. Please log on to http://www.iht.com/articles/ap/2008/07/17/asia/AS-Cambodia-Temple-Dispute.php for root causes and http://www.iht.com/articles/2008/07/20/asia/cambo.php for news analysis.

Bad blood among Thais and Cambodians is boiling unabated. It is about time the two nations struck a deal, with Asean or the UN Security Council as mediator; bilateral talks will, as always, be of no avail. VUTH CHANSEREI PHUON Phnom Penh A little lesson in history The ongoing fury over the listing of the Phra Viharn temple as a World Heritage Site results from domestic politics as much as nationalism. Neither has anything to do with history and, in this case, architecture, which none of the vociferous parties involved has shown any appreciation for.

I can't help but fret over our shortcomings in history and culture as listed below.

1. My father, who spent years in the archives in France back in the 1960s, has the French map, or a microfilm of it, showing the "kink" from the watershed line to exclude Prasat Khao Phra Vihara from Siam. The said map was appendiced to the border agreement between France and Siam. This is something which nobody in Siam knew about when M R Seni Pramoj took the case to the World Court, and my father told me that it was obvious that Siam had to lose the case because of this map.

2. After the Court's deliberation, Field Marshal Sarit refused to cede the temple to Cambodia. A higher authority called him in to say that the country is bound by the said verdict and there the matter rested.

(Of course the approach to the temple is possible only from the Thai side of the border.)

3. Thais have never been good at keeping historical records, and we have to go to the archives in Paris, London, The Hague, Cornell, etc, in order to do our PhD's in Thai history!

4. Without the sense of real history, Thais are vehemently nationalistic, which is dangerous. For example, school textbooks still teach Thais that we came from the Altai Mountains and founded the Nanchao Kingdom, which Chinese scholars dismiss as pure nonsense.

5. Few Thais realise that the Khmer Empire used to cover much of present-day Thailand and Laos, as evidenced by Prasat Muang Sing to the west on the Burmese border, and the Khmer ruins in Sukhothai in central Siam, and Laos. The Thais, having wrested from the Khmers their outpost town of Sukhothai in the 13th century, took over the Khmer language - the Thai script being a simplified form of Khmer - and in the early Ayutthaya period adopted, with variations or aesthetic licence, Khmer architecture, classical dance and other facets of Khmer civilisation which were then unwittingly exported back to Kampuchea by the French in the 19th century. (Witness the Royal Palace in Phnom Penh which is a mediocre copy of our Grand Palace).

6. Kampuchea to Siam (or to history-less Thailand), is like ancient Greece and Rome to the rest of Europe, or 3rd century BC China and the T'ang Dynasty to Japan. That much do we owe to the Khmers!

7. In the end, a great monument like Prasat Khao Phra Vihara doesn't belong to any particular country. It belongs to the world. Only this or that country has the obligation to look after it on behalf of mankind.

8. History is the future. When people refuse to understand this, with a tinge of humour, they have to start from the beginning again and again.

SUMET JUMSAI

Anonymous said...

It is interesting how Khmer's historian love to talk about French Nazy treaty, but not a word on Japanese Nazy Treaty. Just who are they trying to fool?

Anonymous said...

"In 1940 the Japanese government, after negotiating a treaty of friendship with Thailand, sought special concessions in Indochina from the French colonial authorities. The Vichy administration in Hanoi, under pressure from the German government, signed an agreement with Tokyo that permitted the movement of Japanese troops through the transportation hubs of Indochina.

"Thailand subsequently sought to take advantage of both its friendship with Tokyo and French military weakness in the region by launching an invasion of Cambodia's western provinces. Although the French suffered a series of land defeats in the skirmishes that followed, a unique twist in the confrontation came from a naval battle that ensued near the Thai island of Ko Chang. A small French naval force intercepted a Thai battle fleet, en route to attack Saigon, and sank two battleships and other light craft. The Japanese then intervened and arranged a treaty, signed in Tokyo in March 1941, compelling the French to concede to Thailand the provinces of Batdambang, Siemreab, and parts of Kampong Thum and Stoeng Treng. Cambodia thus lost one-third of its territory and nearly half a million citizens.
.
.
.
"


http://www.country-data.com/cgi-bin/query/r-2221.html

Anonymous said...

Ah Samdech Preah Maha Decho Hun Sen will become the nation HERO and the Prime Minister by coercive force to stay in power. The CPP is the principle of the Cambodia as continuation enforcing a mellenium of misery for the people of Cambodia, the master in politics in killing & intimidation, the strategist of the problems solving to increase yield in his offshore bank accounts --while the country GDP<1x10^9 ($250/capita), the role model of all parties to stay corrupted (robbed, depleted natural resources by selling to offshore firms, selling citizens to foreigners)until past 90s of age. The wins wins with none stop ruling party (Ah Samdech Preah Maha Decho Hun Sen will wins in PURGATORY as mistress by paying off HELLangkar.
The security in the country is safe for the elite officials while citizens in boarder being terrorized by neighbors, the economy is growing for the elites Khmers who continually robbed people while the inflation rate is sky rocketing to inflict more suffering the already poor folks, the stability is smooth & peaceful and straight to HELL.
The investors is high just among the ASEAN members, the development growing all over the neighboring countries EXCLUDING Cambodia, The people of the CPP are very happy of living in Cambodia because Samdech Preah Maha Decho Hun Sen paid us to be happy--he directed us what to do to keep a majority of the Khmers people ILLITERATE.
The looser (KHMERS CITIZENS)may go back home to suffer more under the ruling party (pro-youns party).

Samdech Preah Maha Decho Hun Sen is a Youns' HERO to many Youns immigrants to live in Cambodian without any registration; Samdech Preah Maha Decho Hun Sen is DIMMLY LIT RED DWARF Sun waiting to extinguish from Cambodia, the great grand sun of Hun Tein the King of the Killing Field & the rulers of Thieves.

Cheyo!
The New Sun rising on the old Kingdom to keep the Cambodia Kingdom in MISERY for a MELLENIUM more! Samdech Preah Bat Maha Decho Hun Sen Varman the is NEW SUN RISING FROM THE FLAME OF HELL FOR KHMER CITIZENS.

Unity is SRP, HRP, Func, Norodom and many others... Down Samdech Preah Bat Maha Decho Hun Sen Varman.

Anonymous said...

8:33PM you stupid stop that
Don't be so blind by your opinion.
We understand you eat old pussy of Bun Rany.
Just take it easy.
Let's everybody else give their opinion.

Khmer Canadian

Anonymous said...

8:33 PM sorry
I thought you were the others guy...
who suck cpp dick..
anywhere, any place and any time.
He spams this site

Khmer Canadian

Anonymous said...

Bullshit, your first impression were correct, 9:42.

Anonymous said...

Just let the ignorant siam be. They love their ignorance so live with it.

Anonymous said...

Japanese map? Who are you kidding. Japanese got Nuke and had to return all of its status quo invaded territory back to French. Hmm. is someone omitting something out or is he having selective memory?

Anonymous said...

those of us who read the history book on world war II in southeast asia knew well of the japanese brief dominant in southeast asia which thailand (siam) sided with in order to steal the land from cambodia with the japanese help. however, after the japanese in wwII lost to the western power, the USA that is, then thailand switched their alliance to the USA. clever of thailand, isn't it? anyway, for your information, we are aware of that already, just we don't really want to mention it here because it seems irrelevant to the preah vihear case, really!!

the bottomline is the icj ruled in favor of cambodia by upholding the treaty of 1907. and whether thailand agreed with that or not and or whatever, it really doesn't matter because the icj is the world's judge, and thailand lost already. end of story, and stop trying to twist things around. it won't change anything in the court of laws.

one can write a 1000-page book about it, but it all still boils down the the icj verdict and the treaty of 1907. this is what the UN council will scrutinize into, not the japanese surrender in wwII, the thai lame arguments like the france is strong thailand is weak or khmer isan or khmer is not khamin or khom or whatever. the UN council don't give a rat's ass on any of that. what they will look into is the legality of the treaty of 1907 and the icj verdict. i'm sure thailand can't win when it comes to this, the court of law of the UN. if anyone doubt me, just keep and eye and an hear on the UN meeting to decide on this thailand's violation of the international law case. i promise you all that cambodia will prevail. the way i look it at is just a way to humiliate thailand further for their own stupid, ignorant, wishful, bullying, arrogant attitude and criminal intent on cambodia's belongings. that's all. god bless cambodia.

PS: the UN will only use the law to make judgment, of course backing with historical evidence and factual information, not emotional drama or rankling feelings or whatever like thailand is doing right now!!!! god bless cambodia.

Anonymous said...

Merci, Monsieur Kenneth So. Well written article. Your input and contribution is valuable because it adds to the body of knowledge that everyone needs to know. The truth shall set everyone free. Nan Chao Siems, you people do in fact owe that much to the Khmer people.

Anonymous said...

The fact is even the Thai king were to read this article the to their subject they wouldn't believe him.
On the contrary they would stone their king to death.

Anonymous said...

Khmer Friends and Colleagues, Please do not post personal insults on our leaders-they reflect poorly on our characters.

To all Khmer Around the World: We are under constant threat by our so called "neighbors", exploiting our weaknesses, abusing our properties and sovereignty; twisting history and creating false arguments.

Threats from our "neighbors" are real. These threats are neither perceived nor imaginary. They pose immediate danger to the life, liberty, property and happiness of our khmer citizens. Therefore, we need to have a doctrine to deal with states who are threatens us and responses to threats.

For Cambodia the age of reaction is over. We have to reconfigure our security measures, stratagem to defend ourselves. UNITED WE STAND, DIVIDED WE FALL!

KAMPUCHEA DOMINUS