Thursday, July 10, 2008

Victory or Loss on Preah Vihear Listing?


Op-Ed by Pang Sokhouen
On the web at http://sokheounpang.wordpress.com


On Monday, 7 July 2008, in Quebec, Canada, the World Heritage Committee (WHC) unanimously agreed to add Khmer Preah Vihear temple as new world heritage site. The adding launched a prompt positive reaction from Phnom Penh. Public officials joined residents in impromptu celebrations in Phnom Penh. Monks in pagodas rang bells, as people went into the streets, shouting, clapping, singing and dancing to drums, students assembling at school field, waving Cambodian flags throughout the country. Prime Minister Hun Sen issued an immediate statement congratulating Cambodia on the inscription, especially noting efforts of diplomats and the negotiating team.

Now the listing is considered as the clear and priceless victory of Hun Sen government by most of the Cambodians and they are overjoyed.

However, I personally see it as a loss and feel so much pain in my heart without proper words to express.

The effort of listing Cambodian temples or other natural and cultural properties as World Heritage Site is the duty of all Cambodian leaders in all generations and the listing of the Preah Vihear temple therefore is absolutely the duty of Hun Sen government to be fulfilled. Yet, this listing should have done better and considered as the true success only if the listing is done in accordance with the verdict of 1962 ruled by the International Court of Justice (ICJ) in Hague. The rule used the 1904 and 1907 maps of Siamese-Franco treaty which included the 4.6km2 belonged to Cambodia.

In contrast, Hun Sen government excluded it in the new drawn map as proposed by Thailand and submitted to WHC as the official application which deputy Prime Minister Sok An and the Thai counterpart Foreign Minister Nappadon Pattama signed it as the Joint Communiqué in Paris on 22 May 2008.

This application means that Cambodia has recognized the unilateral map drawn by Thailand and make Cambodia to lose sovereignty over the 4.6km2 to Thailand.

After the listing, everybody knows that the stairs is in Thailand now which before the border was beyond the stair of the temple as long as 2.6km away according to the ICJ rule in 1962.

Actually, if we see the first map recognized by the ICJ rule, we Cambodia do not need to ask for support from Thailand. We can go alone because the temple was and is legally always ours and the boundary need not to redraw. So, is this a victory as claimed by Hun Sen government? Is it acceptable as a Cambodian and as nation? Please everyone tells me!

After our sacred temple is listed as the third World Heritage Site after Angkor Wat in 1993 and Apsara Dance in 2002, the issue will not be ended. This will make the Thai people create more hatred towards Cambodians because they still think that Cambodia was able to win the listing by means of its dirty deal for personal interests involving with former Thai Prime Minister Thaksin Sinawatra and the incumbent Cambodian Prime Minister Hun Sen. As we know, the process of the endorsement of the Joint Communiqué was done in an immediate manner which put deep suspicion by the Thai people leading to mass demonstration against the endorsement from ordinary people to higher political institutes, People Alliance for Democracy, Senate Committee, and the Thai Administrative Court.

Furthermore, it is not the end because the Cambodian government seems to have hidden agenda with Thailand towards its people as Ambassador Francesco Caruso, special adviser to the director general of Unesco, told AFP in Quebec that, “the listing was not meant to prejudice settlement of the border dispute. It could be amended in the future to a bi-national listing of the temple and its contested landscape. It could become a mixed natural and architectural site, the door is open. The Cambodians negotiated a listing that opens the door to such future harmony.” So what is the meaning of victory for the listing of Preah Vihear temple as the World Heritage Site comparing with those of the listings of Angkor Wat temple and Apsara Dance for all Cambodians? Is Angkor Wat shared shared? Why should Preah Vihear be open for the share with Thailand in the future? Isn’t Preah Vihear temple the exclusive property of Cambodia like Angkor Wat?

The listing is carried out, out of personal and political group interest i.e., the Hun Sen`s group or his CPP but not out of the national interest as a whole. The effort is committed in haste by accepting the Thai unilateral map so that the application will be supported by the Thai counterpart and the sacred temple will be listed by the WHC on time before the national election on 27 July 2008.

I really doubt that the Joint Communiqué is the international treaty. If so, it must be sent to the National Assembly for consent first according to our Constitution on article 90 point 4th which states that, “The assembly shall approve or annul treaties or international conventions”. It is logically proved because the Thai Constitutional Court also ruled on Tuesday 8 July 2008 that the Joint Communiqué is clearly the international treaty which also required the consent of Thai Parliament before it is being officially promulgated. So should Hun Sen government be impeached as in the case of Thailand now because Hun Sen himself and his government did completely commit the unforgivable crime?

We are not sure if Hun Sen government will commit to protect our territorial integrity of the 4.6km2 which claimed by Thailand. I personally never trust Hun Sen leadership because he is so weak, incompetent, instable, external influenced, self-centered, surrounded by sycophants and without due respect to national consiousness.

The last is my unpredictable worry about the future of Cambodian democracy, independence, and economy influenced by this treacherous victory of the listing of Preah Vihear temple because this victory has changed the bad image of Hun Sen government to be the good one among many Cambodians which can maximize the support for the CPP towards the majority victory in the upcoming election. Then our beloved country and people will be consecutively remained under suffering economically and democratically and invasion by neighboring countries for another fiver years.

Anyway, please stay united and keep our close observation on Hun Sen government if he would be elected again on the issue of the Preah Vihear temple negotiation with Thailand especially, regarding to the 4.6 km2 overlapping area. Yet, we will try him if he is voted out for this treason.

There is no pain as deep as the lost of our beloved national territorial integrity!

Pang Sokheoun
9 July 2008

15 comments:

Anonymous said...

I only agree 50%. With this victory, we are now can go further to the next step. Without this victory, it will be hard to claim our 4.6 skm at this moment.

Anonymous said...

yes, this victory is just one of many to come when cambodia persue justice with thailand. cambodia needs to study and look at the 1904 -1907 treaty and the icj verdict careful to know where we stand with our present-day boundary between thailand. i mean do study it the entire length of the borderline with thailand when this treaty was signed between 1904 and 1907. we have to find justice for cambodia. this will go on again until the world see to it what thailand criminal intention is on cambodia is all about. we cannot stop short here!

Anonymous said...

Well, the French no long has jurisdiction over Indochina. Thus, all treaties and agreement with the French is just as good as toilet paper.

Anonymous said...

Well, the French no long has jurisdiction over Indochina. Thus, all treaties and agreement with the French is just as good as toilet paper. So, all Khmer Issan in thailand belongs to Cambodia.

Anonymous said...

The CPP is willing to sacrifice national interest over the victory for the national election. This is their morality. This is evil in disguise. Cambodian people must bring this shameless man to court and make him accountable for his action. I call on every Cambodian to take part in voting this one-eye man out. He does not deserve to be our leader. He does not represent Cambodian people; he represents only the thieves people of his of his party.

Anonymous said...

1:42am, your thinking is very flaw or illogical to say the least. when something is signed officially, it is to be recognized permanently, dependent of the issue at hand like international boundary for example. for the very reason you are saying, this is why the law requires statue of limitation for appeal. i'm sure if what you are saying is lawful and reasonable, then the entire world international boundaries would have to be redrawn because i'm sure every country on the planet would want to feel like thailand is saying. however, the international laws will always prohibit that kind of think like you are saying or like thailand is dreaming right now. for this very reason, the world created an organization called the UN and the world came up with international laws to serve justice for country like cambodia. the world don't always want war. it is called the world is changing, not the dark ages anymore when different ethnic groups or different countries for that matter fought and conquer or whatever with their neighbors due to your kind of thinking. i have a feeling that you must not be educated well enough to know the international laws that put into place for issues like these.

let me give you one example to explain to your argument above: just a simple example so you can understand, take the acedamic requirements for example, say 10 years ago, a degree in psychology may not required as many college courses as it is now required for graduation, that doesn't people who had met the then requirement for graduation would have to lose their psychology degree just because your logic says that they required more courses now. you see, it's the same concept with the treaty of 1904 - 1907 for that particular and very specific time and place and that will always be lawful despite the many changes now that may have taken place since then. otherwise, there would be a lot of chaotic and indecisive issues at hand. so, what is good then is still lawful for that time and place, and what is good now is also good for this time and place; you can not mix them up like that. study law and it will open you eyes to a lot of things you don't even know existed. so there!!!!!

and your argument will lose in the court of laws as well. again, when it comes to laws, cambodia will win. please keep that in mind forever!!!!!! god bless cambodia.

Anonymous said...

True, 2:16, that when something signed it remain binding, but it was sign with the understanding that the French was controlling Indochina. And since the French is no longer controlling Indochina, everything must be returned to the ways thing was.

The Japanese did it, so why not the French?

Anonymous said...

searching desperately for all the arguments to find a way to steal Khmer land in the 21th century.

Franco-Siamese treaty was signed and agreed to by Siam, France and Cambodia. in 1962, an international court, not a french court decided the matter of the legality of those treaties, after, not under the French occupation. So your point is moot and irrational.

BTW why do you try so hard to steal Khmer heritage? You're not even Khmer, don't give the Khmer Issan crap because you're not.

Why don't you come out to the world and say how wonderful the Khmer civilization is and how your tribe came to become civilise through our contact. We will do a joint press release and sign paper together with you!

Then we might consider sharing you the title of descendants of the Khmer civilisation and along with the heritage that follows.

Anonymous said...

5:18am, yes, good point. until thailand can do that, they will never have that right to share the title of descendants of the khmer civilization that comes along with heritage and inheritance, etc... they are being brain-washed by the traitors siem of khmer civilization, and until they can reverse that train of thought, they cannot be accepted by the real khmer people of cambodia. i think if they want to be khmer citizen, they have to learn to speak and read the khmer language along with english, french, russian, chinese and japanes. no exception as these are some of the more acceptable language in cambodia nowadays. govafeih

Anonymous said...

No, the court should had invalidated all of the treaties with the French as they did with the Japanese. It was all a mistrial, and the court was a total ignorant.

As for Khmer Heritage, who died and give you the authority on Khmer people? What about the Khmer in Issan province, are they just dumb monkey, or what?

Anonymous said...

5:00am, then are you suggesting that cambodia and thailand should not honor their present international boundary because agree or not, the this boundary line was created in accordance to the siamese-franco treaty of 1904 and 1907. the bottomline was it was agreed officially by cambodia (as france colonized it) and siam under your king chulalongkorn and the agreement went into effect then so it was as good then as it is now. so, what is you point? why don't you argue that to the court of law and i'm sure the court would uphold this treaty over your argument. i suggest you should think like the court of law, not like thailand's way which is very emotional and you and i know that in the court of law, emotional factors cannot be ruled as legal and reasonable. hello, get educated, will ya!!!!

go argue with the court of law!!!

Anonymous said...

The temple we won, the 4.6km of disputable land is next. Why is this article being written after everything has been decided by UNESCO?

Anonymous said...

6:04, when French or Japanese is pointing a gun at you, you too will agreed to everything they want.

Anonymous said...

Hello all,.

It is good that Thais say Preah Vihear belongs to Khmer-Issan.

So the THAIS recognize the real history. They accept that they stole everything from Cambodia, even Khmers people living in Issan. They killed Khmer-Issan during the Khmer-Siam wars and forced their control over the Khmer-Issan.

Recalling the history, we, Khmers, are disappointed that we could not prevent and protect the Khmer-Issan from the Siam control and the Siamization.

Preah Vihear case has sent a very long message of the past history to the world about how bad Siams are and were in eliminating the Khmer Kingdom.

We, Khmers, regret that We were not able to defend and control our vast territory that century after century fell into the hands of SIAMS and the Vietnamese.

To Khmers-Issan, we Khmers, as a whole, are very proud to be Khmers and that we can survive as a nation, Cambodia, while having confronted with the expansionist neighbors – Thais and Vietnamese. And, Even now the Two EXPANSIONISTS are still dying of their ambitions to swallow every inch of Cambodian territory.

Many centuries now, since after the fall of glory of Angkorian time, Khmers have undergone numerous sufferings, and now Khmers are in peace.

Personally, I am grateful to all Khmer ancestors and heroes for the good deeds they did for Khmers and Cambodia.

Khmer-Issan should read the real history, not the one written by the Siams, as they want you hate your own brothers. You may experience that there is discrimination between the Thais and the Thais of Khmer blood. This is a small point for you to understand your bothers.

Anonymous said...

9:30am, that's because siam ignored the "historic facts", so someone has to point the guns at them for violating cambodia's sovereignty. it is obvious as historic data, time and again, indicated thailand's criminal pattern against cambodia's belongings. a recent good example of this is the contempt of court thailand displays with cambodia's preah vihear's listing for world heritage site. this recent violation by thailand says a lot about their historical ambition on cambodia. i think the next time thailand is stealing cambodia's belongings, the world will start to colonize it for good.