PRINCIPLE OF “EFFECTIVITÉ” IN BORDER DEMARCATION
AND DISSEMINATION OF FALSE INFORMATION
Concerning the principle of “effectivité” (in French language) that reflects the actual situation on the ground for the implementation of a law or treaty with regard to the border demarcation process between Cambodia and Vietnam, there is an interesting study at
J. Touscoz, Le principe d' « effectivité » dans l'ordre international, Paris, 1964
« On peut parler d’une fonction “révisionniste” de l’effectivité qui est la manifestation dynamique du principe d’effectivité : un changement dans l’effectivité d’une règle entraîne une variation de son contenu. Il fait apparaître nettement cette fonction tant sur le plan de la coutume que sur celui de l’interprétation des traités, entraînant la révision de ces règles. De même la disparition de l’effectivité d’un titre juridique tend à supprimer la validité.
Le principe d’effectivité permet de régler, dans l’ordre international, ordre juridique non hiérarchisé, les conflits de titres juridiques : le titre, dont l’effectivité est établie de façon durable, tend peu à peu à affermir sa validité et à prendre le pas sur celui dont l’effectivité n’est pas maintenue. C’est ce qui se passe pour les conflits de compétence et les traités incompatibles ».
Because the recent border delimitation and demarcation treaties between Cambodia and Vietnam refer to the principle of “effectivité” (see attached Report by Chief border negotiator Var Kim Hong to the Council of Ministers dated August 6, 2005 referring to “kar krop krong pit prakat / kar kankap cheaksdaeng roboh prachachun” or “the actual management / the effective occupation of the concerned areas by the local peoples”), I understand now why the Vietnamese have always tried to "make up" the border areas by writing fake dates (such as 1981 or 1992) on newly built graves where bodies (?) were buried much more recently (in the 2000s). Many other Vietnamese-built landmarks have also been "backdated" in order to assert the “effectivité” of a long-time Vietnamese occupation of those areas which are actually on Cambodia's territory based on official maps.
I better understand now why the Vietnamese and their servants in Phnom Penh don't want Khmer farmers to protest against land grabbing associated with border encroachment [such as in Svay Rieng, Takeo, Kampong Cham] : because any protest by Khmer farmers would make “effectivité” work in favor of Cambodia. Hence, the current repression against those who try to defend Cambodian farmers along the border.
CPP top leaders Chea Sim, Hun Sen and Heng Samrin did refer to the principle of “effectivité” in their November 16, 2009 letter to King-Father Norodom Sihanouk http://tinyurl.com/ylexj9s . They wrote about "kar komnot prum den tam kar kankap cheaksdaeng " [border delimitation according to effective occupation by the local peoples] and recognized the necessity for some arrangement or compromise to resolve local conflicts ("kar samroh samruol knea").
Unfortunately the "arrangement" or "compromise" works only in favor of the Vietnamese because Khmer farmers are not allowed to say anything; if they dare protest they are put in jail like Meas Srey and Prum Chea in Svay Rieng.
In order to maintain the fiction of a fake arrangement or compromise on the ground, Chea Sim, Hun Sen and Heng Samrin wrongfully said in their letter, "until now, not a single Khmer farmer has lost their rice fields" [because of the demarcation process]. They, not me, have disseminated false information in order to mislead the King-Father, the Khmer people and the international community.
Sam Rainsy
Member of Parliament
9 comments:
I wonder the majority of the anonymous here are men or women?
I am a woman. Am I the only one who joint and commenting in this forum.
2100 NAMBOLAO!
If I were HS... I would pick a good looking prisoners jail him next to my house. the ugly ones jail them far away....
If I am woman PM I will pick all the good looking men to be working with me and the ugly oens work for somewhere else.
heeheheh.
Does everyone really think that the King Father is so stupid to the point of being led to believe in anything submitted by the 3 Samdachs, especially things concerning the Cambodia-Vietnam border demarcation?
Could it be possible that the King Father knows the truth, but for his self interest of maintaining a monarchy whose value continues to drop at an alarming rate, keeps supporting the CPP and Mr. Hun Sen in hope that, in exchange, they will continue to float His doomed monarchy?
King Father did the same thing with Pol Pot and has never learned anything from that experience.
There is no point in having a monarchy when it is not courageous enough to defend its duty to serve, responsibility to protect and right to make sure that justice is given to the people of Cambodia even though these prerogatives are fully guaranteed by the Constitution of the Kingdom of Cambodia.
The monarchy of Cambodia exists to provide the support more to the ruling CPP party than to the people of Cambodia.
You scratch my back and will scratch yours!
Anet Khmer
Correction:
"You scratch my back and I will scratch yours and both of us will have a good time!"
Anet Khmer
You raised a valid point there, Anet Khmer.
Many Khmer people (older generations or those remembering their childhood years during his reign in the 1960s or earlier) are fully aware of King Father's costly mistakes in the past, but I suspect, they haven't until today been quite able to give up entirely on him as, indeed, he has effectively turned his back on them.
In 1979 having been released by Pol Pot and in line with his pro-China policy, Sihanouk opted to oppose the Vietnamese occupation of his country and supported anti-Vietnamese resistance that included his former captors - the KR.
Historians can either point to this stance of the former monarch as a man actively abiding by his national conscience in time of acute national crisis, or try to examine the various forces that shaped his decision-making at the time. What is certain is that in 1979 the Norodom clans had not been dependent upon, or indebted to, the Vietnamese/Heng Samrin regime's economic patronage as they have now been so since the early 1990s. If anything, the Vietnamese had yet then to repay the Prince for his generous assistance to them over the previous 10-15 years or so from 1979.
Sihanouk's recent 'Declaration' of public support for the Hun Sen/CPP regime also puts his political stance beyond doubt i.e. that no matter what happens or will happen during his remaining lifetime or thereafter in respect of national sovereignty or anything else of national concern, he the de facto figure Head of Cambodia stands on the side of the Vietnamese and their CPP clients.
Such a pledge of unqualified political allegiance to a ruling political faction - be it sincere or not and whether believed or not by that faction - tells us first of all that he no longer places his own minimal influence over and above the needs and security of his royal house who are being welded into the status quo in this way.
How else does one interpret such unequivocal gesture of public endorsement for a man he once in disdain referred to as 'One-Eyed Traitor'? He of all people should know only too well of the unwholesome, precarious, back-stabbing, betraying and thus transient nature of his country's politics.
So to declare that my support for you will remain the same until the day I die, is to defy such possibilities and at the same time, fortify a personal pledge - a monument of faith - in supersession of the same possibilities.
In brief, my Kingdom for a Horse!
3:42 AM,
You have very well described and interpreted the position of King Father with respect to Mr. Hun Sen and the CPP.
How can one put a destiny of his own nation and its people into the hands of one individual, much less somebody like Mr. Hun Sen and the CPP, with 100% trust and confidence till the end of one's life that things will always be good and nothing will ever go wrong?
King Father reveals clearly, openly and arrogantly His own self-interest of protecting the throne of His son at the expense of the Cambodian people to whom he declares unconditional love and care.
I strongly believe that the innocent Cambodian people have given Him much more than he is willing to give them back.
Anet Khmer
Prime minister Hun Sen! your lost your land and sea again, next time Cambodian border next to your home, Heng Somrin he lost his entire home village to Viet already but dare to say nothing, Chea Sim is too weak to say anything except prepare himself for judgement day, where is our belove king please get out from closet and give a big slap on Hun Sen face and say louder "why you gave my land and sea to Viet and punish my people hasss!"?, His majesty the king you can not stay in closet for too long, Cambodian are waiting for you to do something, you have no wife no kid must not afraid to die, you will be our hero king forever.
One more SCORE for Mr. Sam Rainsy. All Hail Mr. Sam Rainsy the defender of the Cambodia's territory based on the legal French maps. Down with all ah Svar CPP brutish leaders.
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