Opinion by Khmerization
1st November, 2008
Recent statements by Thailand’s director-general of the Ministry of Foreign Affairs, Mr. Varachai Plasai, are not helping the cause of the search for the solution to the current Khmer-Thai border disputes. Thailand’s stance, by the statements of Mr. Varachai, in rejection of the mutually agreed 1904 convention and the 1907 Khmer-Thai treaty, has dashed any hope of an amicable solution to the already complex Khmer-Thai border issues. On the contrary, his statements will fuel and add more diplomatic and border tensions between the two countries.
His statements: "We acknowledge the existence of the maps which are the results of the demarcation works of commission of delimitation of the boundary set up under the 1904 and 1907 treaties of Siam-France but we don't accept", and “Thailand will reject any attempt made by Cambodia to use the 1904 French map as a basis for border delimitation because according to this map, all the disputed Khmer temples are located inside Cambodia”, are clear indications that Thailand is not keen on settling the border disputes amicably and mutually, but on Thailand’s terms. Thailand has consistently reiterated that it will only agree to negotiate based on maps unilaterally drawn by Thailand. In other words, Thailand will not settle the current border disputes with Cambodia if Cambodia does not allow Thailand to keep the territories it had claimed and occupied to date. So, is peace and border solution possible between Cambodia and Thailand in the future?
Thailand, as a neighbour of Cambodia, must realise and understand that good neighbourly co-existence is based on mutual understanding and mutual respect. Its refusal to accept and honour the mutually-agreed conventions and treaties with Cambodia will not be reciprocated with due respect from Cambodia, but will only create irreversible mistrusts and suspicions.
The Khmer-Thai borderlines have been settled once and for all since 1907. The delimitation of the borders between Cambodia and Thailand have long been recognised under international law as having been once and for all settled by the findings and the works of the Franco-Siam Mixed Commission instituted and ratified by the Convention of 1904 and the Franco-Siam Treaty of March 23, 1907. Furthermore, the Franco-Siam Treaties of 1925 and 1937 as well as the adjudication of June 15, 1962 of the International Court of Justice, in which the Preah Vihear temple was adjudged to belong to Cambodia, reaffirmed the border disposition as prescribed by the works of the Franco-Siam Mixed Commission.
In regard to the current disputes, Thailand has consistently insisted that the surrounding areas in the vicinity of the Preah Vihear temple have never been delimited and that the verdict of the International Court of Justice in 1962 did not cover the issue of those surrounding areas. The notion that the areas in the vicinity of the Preah Vihear temple have not been settled is a misconception. The Cambodian ownership of the temple and the surrounding areas, deemed disputed by Thailand, has been settled once and for all by that court’s verdict. And that verdict has vindicated the Cambodian claims and render justice to the 1907 treaty. The court adjudicated that:
1. "the Temple of Preah Vihear is situated in territory under the sovereignty of Cambodia;"
2. "Thailand is under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory"
3. "Thailand is under an obligation to restore to Cambodia any objects of the kind specified in Cambodia's fifth Submission which may, since the date of the occupation of the Temple by Thailand in 1954, have been removed from the Temple or the Temple area by the Thai authorities.": ICJ Reports 1962, p. 36, 37.
The second judgement of the court was crystal clear that Thailand is under the obligation to withdraw all its forces from the temple or from “its vicinity on Cambodian territory”. As the court’s judgements were based on the maps of the 1904 and 1907 treaties, the issue of the ownership of the temple and “its vicinity” has been resolved, as the maps of the 1904-1907 treaties placed both the temple and “its vicinity” inside Cambodia.
Thailand has long claimed that Franco-Siam treaty of 1904-1907 has always been in favour of Cambodia to the detriment of Thailand’s territorial integrity. The same was said by Cambodia, as evident by king Sisowath’s letter of protest to the French Governor in 1906. King Sisowath demanded the return of all Khmer provinces occupied by Siam by which he said “We insist on the former natural limits of the Khmer Kingdom which, prior to the Siamese invasion, included on Siam’s side the provinces of Battambang, Siem Reap, Stung Treng, Tonle Ropov, M’lou Prey, Kuckhan [currently known as Sisaket], Prey Sar, Soren [Surin], Sankeac [Sangka], Neang Rong, Nokoreach Seima (Korat), beyond the Phnom Dangrek Mountain, Koh Kong, Krat and Chantabor (Chantaboun [Chantaburi]) touching upon Bacnam and the Kingdom of Champassac (Passac). All these provinces are still populated by Cambodians and they preserve their absolute Khmer patriotism.”
Contrary to Mr. Varachai’s comments and in respect to international laws, maps from the 1904, 1907 treaties should be used as a basis for the settlement of border disputes between Thailand and Cambodia because they are the only internationally-recognised treaties as they were agreed, signed and ratified by both countries. Furthermore, they were vindicated and rendered justice by the International Court of Justice in 1962.
Thailand’s insistence on the use of maps unilaterally drawn by Thailand, without Cambodia’s agreement, is against the spirit of good neighbourly respect and contrary to international laws. Those maps have no legal basis under international laws. Under any circumstances, Cambodia should never agree to use maps unilaterally drawn by Thailand as a basis for the negotiations. If the 1904, 1907 maps were not used, and instead the maps unilaterally drawn by Thailand were used, it would be a betrayal of the treaties and a tragedy as it will set a precedent because it will trigger future violations of subsequent treaties.
So, if Thailand is intransigently insisting on using the maps unilaterally drawn by Thailand itself, will there ever be an agreement and peace at all? If that is the case, is there any room for Cambodia to manoeuvre in the negotiations? If Thailand does not conform to international laws by accepting the internationally-recognised treaties of 1904, 1907 treaties, the Khmer-Thai border disputes will become a quagmire and result in future deadly armed conflicts as what has happened on the 15th of October. And that would be a tragedy in the Khmer-Thai relations. No one single country, but both countries, will lose from these insignificant and petty disputes.
“Thailand, as a neighbour of Cambodia, must realise and understand that good neighbourly co-existence is based on mutual understanding and mutual respect. Its refusal to accept and honour the mutually-agreed conventions and treaties with Cambodia will not be reciprocated with due respect from Cambodia, but will only create irreversible mistrusts and suspicions.”
Recent statements by Thailand’s director-general of the Ministry of Foreign Affairs, Mr. Varachai Plasai, are not helping the cause of the search for the solution to the current Khmer-Thai border disputes. Thailand’s stance, by the statements of Mr. Varachai, in rejection of the mutually agreed 1904 convention and the 1907 Khmer-Thai treaty, has dashed any hope of an amicable solution to the already complex Khmer-Thai border issues. On the contrary, his statements will fuel and add more diplomatic and border tensions between the two countries.
His statements: "We acknowledge the existence of the maps which are the results of the demarcation works of commission of delimitation of the boundary set up under the 1904 and 1907 treaties of Siam-France but we don't accept", and “Thailand will reject any attempt made by Cambodia to use the 1904 French map as a basis for border delimitation because according to this map, all the disputed Khmer temples are located inside Cambodia”, are clear indications that Thailand is not keen on settling the border disputes amicably and mutually, but on Thailand’s terms. Thailand has consistently reiterated that it will only agree to negotiate based on maps unilaterally drawn by Thailand. In other words, Thailand will not settle the current border disputes with Cambodia if Cambodia does not allow Thailand to keep the territories it had claimed and occupied to date. So, is peace and border solution possible between Cambodia and Thailand in the future?
Thailand, as a neighbour of Cambodia, must realise and understand that good neighbourly co-existence is based on mutual understanding and mutual respect. Its refusal to accept and honour the mutually-agreed conventions and treaties with Cambodia will not be reciprocated with due respect from Cambodia, but will only create irreversible mistrusts and suspicions.
The Khmer-Thai borderlines have been settled once and for all since 1907. The delimitation of the borders between Cambodia and Thailand have long been recognised under international law as having been once and for all settled by the findings and the works of the Franco-Siam Mixed Commission instituted and ratified by the Convention of 1904 and the Franco-Siam Treaty of March 23, 1907. Furthermore, the Franco-Siam Treaties of 1925 and 1937 as well as the adjudication of June 15, 1962 of the International Court of Justice, in which the Preah Vihear temple was adjudged to belong to Cambodia, reaffirmed the border disposition as prescribed by the works of the Franco-Siam Mixed Commission.
In regard to the current disputes, Thailand has consistently insisted that the surrounding areas in the vicinity of the Preah Vihear temple have never been delimited and that the verdict of the International Court of Justice in 1962 did not cover the issue of those surrounding areas. The notion that the areas in the vicinity of the Preah Vihear temple have not been settled is a misconception. The Cambodian ownership of the temple and the surrounding areas, deemed disputed by Thailand, has been settled once and for all by that court’s verdict. And that verdict has vindicated the Cambodian claims and render justice to the 1907 treaty. The court adjudicated that:
1. "the Temple of Preah Vihear is situated in territory under the sovereignty of Cambodia;"
2. "Thailand is under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory"
3. "Thailand is under an obligation to restore to Cambodia any objects of the kind specified in Cambodia's fifth Submission which may, since the date of the occupation of the Temple by Thailand in 1954, have been removed from the Temple or the Temple area by the Thai authorities.": ICJ Reports 1962, p. 36, 37.
The second judgement of the court was crystal clear that Thailand is under the obligation to withdraw all its forces from the temple or from “its vicinity on Cambodian territory”. As the court’s judgements were based on the maps of the 1904 and 1907 treaties, the issue of the ownership of the temple and “its vicinity” has been resolved, as the maps of the 1904-1907 treaties placed both the temple and “its vicinity” inside Cambodia.
Thailand has long claimed that Franco-Siam treaty of 1904-1907 has always been in favour of Cambodia to the detriment of Thailand’s territorial integrity. The same was said by Cambodia, as evident by king Sisowath’s letter of protest to the French Governor in 1906. King Sisowath demanded the return of all Khmer provinces occupied by Siam by which he said “We insist on the former natural limits of the Khmer Kingdom which, prior to the Siamese invasion, included on Siam’s side the provinces of Battambang, Siem Reap, Stung Treng, Tonle Ropov, M’lou Prey, Kuckhan [currently known as Sisaket], Prey Sar, Soren [Surin], Sankeac [Sangka], Neang Rong, Nokoreach Seima (Korat), beyond the Phnom Dangrek Mountain, Koh Kong, Krat and Chantabor (Chantaboun [Chantaburi]) touching upon Bacnam and the Kingdom of Champassac (Passac). All these provinces are still populated by Cambodians and they preserve their absolute Khmer patriotism.”
Contrary to Mr. Varachai’s comments and in respect to international laws, maps from the 1904, 1907 treaties should be used as a basis for the settlement of border disputes between Thailand and Cambodia because they are the only internationally-recognised treaties as they were agreed, signed and ratified by both countries. Furthermore, they were vindicated and rendered justice by the International Court of Justice in 1962.
Thailand’s insistence on the use of maps unilaterally drawn by Thailand, without Cambodia’s agreement, is against the spirit of good neighbourly respect and contrary to international laws. Those maps have no legal basis under international laws. Under any circumstances, Cambodia should never agree to use maps unilaterally drawn by Thailand as a basis for the negotiations. If the 1904, 1907 maps were not used, and instead the maps unilaterally drawn by Thailand were used, it would be a betrayal of the treaties and a tragedy as it will set a precedent because it will trigger future violations of subsequent treaties.
So, if Thailand is intransigently insisting on using the maps unilaterally drawn by Thailand itself, will there ever be an agreement and peace at all? If that is the case, is there any room for Cambodia to manoeuvre in the negotiations? If Thailand does not conform to international laws by accepting the internationally-recognised treaties of 1904, 1907 treaties, the Khmer-Thai border disputes will become a quagmire and result in future deadly armed conflicts as what has happened on the 15th of October. And that would be a tragedy in the Khmer-Thai relations. No one single country, but both countries, will lose from these insignificant and petty disputes.
18 comments:
Cambodia must not agree to use Thai maps because they are not legal under international laws. Cambodia must insist on using the 1904-1907 maps. If Cambodia agrees to use Thai maps, Cambodia should give Thailand all the territories it occupied. No need to negotiate because it will be a waste of time and money. 1904-1907 maps were agreed by Cambodia and Thailand so they are legal under international laws.
If Cambodia agrees to use Thai maps, it will be another Thai map in the future. At the bottom line, the Mekong river will be the natural border accepted by Thailand! Will we go this way?
Please if anyone can, tell Hun Sen and his general not to wait for any money from any donor to push you to take this matter to court. If you don't take the matter to court the court will not come and take your matter. I learn that Cambodia is living with bribery but I just don't think any donor country will bribe you to take this matter to court. It is time for your Phd knowlege put in to good use and please take some time and read good opinion like this one from Khmerization.
May God bless Cambodia.
Cambodia will not accept to a Thai drawn map. The one-sided map by the Thai imposed on is not fair to Cambodia.
Thais know everything, but they just ignore. The question is whether Cambodian leaders want to play a losing game with them. SO< IGNORE THEM AND TAKE LAWFUL ACTION. INTERNATIONAL COMMUNITIES SEE CAMBODIAN LEADERS AS STUPID TO PLAY THIS LOSING GAME. COME ON, HUN SEN. DODN'T BE JUST BRAVE WITH KHMERS!
The thai think they are a better country then cambodia, but behave is definitely not a role-model like one for sure.
If a country or a person is better then another. That country or person should be better class and character. Obviously, not thai !
Instead, They steal, lies, causes problem and don't have any respect for laws or treaty. WHAT A SHAME. SHAME ON YOU THAI !
Thailand's Press Freedom Index (2007): 135th, Cambodia was 85th in same year. So, most of their reports are being controlled and medias were forced to say what the government wants i.e. make-up stories or faked!
Everything on the mountain belongs to Khmer in Thailand. No map is needed. All monkeys from Cambodia must get their obese arses out of the mountain, period.
Only the Hague can shut the Thai up and who's best to bring it up? Sihanouk. But guess what, the Viet will not let their slave HUN SEN to be overshadowed by Sihanouk for myriad of political reasons and gains.
Tell Hanoi to stay out of Cambodia's affairs.
Tell all the Viet to get out of Cambodia.
Tell Hun Sen to free himself from being the Viet slave.
AwK (អក)
11:53 PM Look like you have memorized the faked story invenvted by Luang Vichitr Vadhakarn (1932) or the Prince Damrong's Nirat Nakorn Wat CORRECTLY, huh. Good student. However, they could not hide the public anymore:
Charnvit Kasetsiri's
...
Thai leaders in the past were filled with tremendous admiration for anything Khom-Khmer. Khun Pha Muang, who ruled the city of Muang Rad, somewhere in present-day northern Thailand, and was instrumental in the founding of the Sukhothai kingdom, was given the title “Sri Intrabodintrathit” (before it was changed to “Sri Intrathit”). This is a name taken from the lord or phee fah of the city of “muang Sri Sothonpura.” Pha Muang’s royal regalia, known as “Pra Khan Jayasri,” the Jayasri sword, and his royal consort named “Sikara Maha Devi,” were all bestowed by the King of Angkor.
In other words, the earliest royal Thai titles – King Sri Intrabodintrathit, the Pra Khan Jayasri sword, and the consort Sikara Maha Devi – were derived from the Khmer, one of the most highly advanced civilizations in Southeast Asia at the time and a source of knowledge and inspiration to the Thai people. It is possible that Sikara Maha Devi was a daughter of King Jayavarman VIII and thus the Thai leader Khun Pha Muang, one of the founders of Sukhothai, was a son-in-law of the Khmer King. ..
I agree with 5:59 & 7:31. The 1907 treaty is an international treaty confirmed again by the 1962 ICJ decision on Preah Vihear case. If this treaty is not upheld Thailand will claim all of Cambodia one day. Thailand can create a multitude of maps for the border and signed by themselves but these are not legal maps.
as a result, the world needs to understand that this so-called bilateral talk or whatever is not going to work when thailand kept on disrespecting the mutual agreement in the treaty of 1904 and 1907 map. so, i don't understand what some people said about "bilateral talk" when thailand still violated and dispected the international law i.e. the treaties that formed the boundary lines. i'm sure, cambodia can't afford to keep on losing our territories and lands like we did during the dark ages when the world was lawless and full of empirialism and invasions, etc... is the world stand to let that kind of injustice and lawlessness reign again in the 21st century? cambodia and the entire world must tell thailand to respect the international, whether they like it or not!
The cause of that is khmer leaders, Hun Sen, including N.Sihakmoni, N.Sihanouk did sign in 2005 ceding khmer territories to Vietnam by violating the 1991 Paris Peace Agreement.
So Thailand, as one of the signatoried country on that, has no duty to comply with that International Accord any more.
Norna Chea Kheatakors reas khmers' author.
That's all Yuon-Siem-Sem's game.
Who suffer?!
8:02PM,8:43PM,good opinion. yes, take the matter to icj by using the same 1907 maps. thai maps are illegal. if thai want to use their maps, we'd better draw our own maps and ask thai to accept them. see what they think about that.
Vote for Ms. Phymean Noun
Everything on the mountain belongs to Khmers in Thailand.
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