Thursday, February 24, 2011

Michael Hayes’ damaging misapprehension

Tuesday, 22 February 2011
Professor Pen Ngoeun
Letter to the Phnom Penh Post

Michael Hayes, in an article published on 17 February 2011 by The Phnom Penh Post under the title: “The view from Cambodia,” is not “a spin doctor for the government of Cambodia” as he mentioned about himself, but he is certainly a spin doctor for Thailand, when he suggested that: “As for the disputed 4.6 square kilometres just north of the temple, why not consider this: Turn the area into the Cambodian-Thai International Friendship Park and set it up as a jointly managed enterprise by both countries’ Ministries of Tourism. Invite in hawkers, entrepreneurs, whatever, from both sides of the border to set up businesses to cater to the millions of tourists who will want to visit the site in the coming decades and beyond. Tax revenues could be shared by both nations equally. Everybody wins.”

No, not everybody wins. Michael Hayes loves to see Thailand win and Cambodia lose. Instead, Michael Hayes should suggest that Thailand must respect international treaties, of which Thailand (or Siam) was, is and will be the party to the treaties.

Siam (now Thailand) signed the Franco-Siamese Treaty of 13 February 1904 setting up a Mixed Commission composed of French Commission and Siamese Commission to delimit the frontier line between Cambodia (that was part of French Indochina) and Siam. In the area of the Temple of Preah Vihear, a map of the Dangrek sector known as “The Dangrek Map” among a set of 11 maps published under this treaty recognised and accepted by Siam, is the insoluble evidence that an international frontier line, stable and final, existed almost a century ago and continues to exist between Cambodia and Thailand. Being former publisher and editor-in-chief of The Phnom Penh Post, and under this circumstance writing and publishing on Cambodian affairs where all eyes may yet see Michael Hayes as an expert in the matter, I found it to be a shocking disappointment, despite a certain number of things interesting, good and fair that are actually presented in the article.

The International Court of Justice’s Judgment of 15 June 1962 is the reaffirmation that there is an international frontier line, stable and final between Cambodia and Thailand as evidenced by the Dangrek map known to be ANNEX I to Memorial of Cambodia or ANNEX I map.

The Memorandum of Understanding between the Government of the Kingdom of Cambodia and the Government of the Kingdom of Thailand on the Survey and Demarcation of Land Boundary, actually known as MOU 2000, requires that the survey and demarcation shall be jointly conducted in accordance with:
  • The Convention between France and Siam modifying the stipulations of the Treaty of the 3 October 1893, regarding Territorial Boundaries and other Agreements, signed at Paris, 13 February 1904;
  • The Treaty between His Majesty the King of Siam and the President of the French Republic, signed at Bangkok, 23 March 1907, and the Protocol concerning the delimitation of boundaries and annexed to the Treaty of 23 March 1907;
  • Maps which are the results of demarcation works of the Commissions of Delimitations of the Boundary between Indo-China and Siam set up under the Convention of 1904 and the Treaty of 1907 between France and Siam and other documents relating to the application of the above Convention and Treaty.

Based on the above international and legal documents, the “4.6 sq kms” exists only in the imagination and fabrication of Thailand, and the suggestion of Michael Hayes, as I quoted here above, is feeding quite well into the campaign of intoxication of the international public opinion conducted consistently and shamelessly by Thailand for the “joint management” of a Cambodian piece of property against Cambodian will. Naturally, Cambodia will develop the area of the Temple of Preah Vihear in conformity with UNESCO and the World Heritage standards. It is a slanderous suggestion aimed to spoil and to hurt the intelligence, kindness and good nature of the Cambodian people made by Michael Hayes, who thinks that “tax revenues” will blind the Cambodian leaders seeking to enrich themselves with Thailand investments. As the matter of fact, Michael Hayes’ article was picked up in its entirety by the Bangkok Post Online News on 20 February 2011 under the title: “The view from across the border”. Without getting into unfair accusations, it is fair to think that Michael Hayes has not yet cleansed himself of the grudges he had against Cambodia and the former Second Prime Minister, Samdech Techo Hun Sen.

The point I wish to make here is that Michael Hayes, or anyone else, or anyone of the stature of former President of Singapore Lee Kwan Yew or former President Jimmy Carter of the United States of America, as suggested by Pinn Siraprapasiri in “Thailand and Cambodia need a ‘Jimmy Carter’ mediator”, published in The Nation on 18 February 2011, to be successful his or her job would be to convince Thailand to respect and to abide by the treaties of which Thailand is the party to those treaties.

At Jakarta, on 22 February 2011, the business is very specific.

The members of the United Nations Social Security Council (UNSC) in a meeting on 14 February, following the plea of Samdech Akka Moha Sena Padei Techo Hun Sen, Prime Minister of the Kingdom of Cambodia, about the gravity of the conditions created by Thailnd’s war of aggression against Cambodia, took note that (i) a war broke out, (ii) there are losses of lives and properties, (iii) tens of thousands of people face insecurity and uncertainty every day, and these calamities must be stopped, “urge the parties to establish a permanent ceasefire and to implement it fully,” and recommended that “the idea is to work in synergy with the regional efforts – and right now regional efforts are in full force – and resolve the situation peacefully and through effective dialogue.” It is for those reasons that foreign ministers of ASEAN will meet on 22 February at Jakarta under the chairmanship of the Foreign Minister of Indonesia, Marty Natalegwa.

Will we have a permanent ceasefire? Why not? Will the ceasefire be implemented fully? Why not? I bet on ASEAN’s astuteness, despite the fact that Thailand has a reputation of “a difficult child”.

Confusion and misapprehension will benefit Thailand to the detriment of Cambodia. Clarity will bring justice and equity to Cambodia. I intended that Michael Hayes be clear about the Cambodian affairs in relation to Thailand’s war of aggression in the following sequences: (i) establishment of a permanent ceasefire under UNSC’s recommendation, (ii) full implementation of the ceasefire under the UNSC’s recommendation, (iii) demarcation of the land boundary under MOU 2000.

Professor Pen Ngoeun,
  • Senior adviser and member of the Academic Committee, Puthisastra University, Phnom Penh, Cambodia,
  • Former Dean and Professor of the Faculty of Business and Economics, Pannasastra University of Cambodia,
  • Former Assistant Controller at Phibro Inc, a subsidiary of Citigroup Inc, New York City, USA, until 2000.


Anonymous said...

we need people like you to defend khmer causes.

Anonymous said...

Veru good Pen Ngoeun, thank you. But don't forget the eastern borders, make sure you8 give the same good advice to your boss Hun Sen. I knew from ten years ago when you biasedly wondered in your little book, (Khmer Issues), why we Khmer are always scared of the yuon for no reason, you called " chumngoue klach yuon". Yes, as a professor you should know why.

Koun sers said...

I also found it strange that Michael Hayes would suggest joint management of the 4.6 sq km, as I too believe that it entirely belongs to Cambodia. No one can blame me for that, because I am a Cambodian, and by the way things are going Cambodia needs all the real estate it can legitimately claim. But there were other positiive things said by Mr Hayes, so I was prepared to overlook his comment about joint management. It is a good thing to see someone formerly associated with Cambodia whos is willing to stand up and defend Cambodia. The professor's response would have more weight if he could just refrain from mentioning his Samdech blah blah blah decho Hun Sen. The inclusion of the PM only diverts the readers attention from seeing this piece as a defence of Cambodia to a personal swipe at the PM's former critic. Would the professor's be so venomous if Mr Hayes did not have any conflict with the PM? I believe not. Mr Hayes did not claim to represent the views of any Cambodian or the Cambodian government. It was a personal view. The professor would have used his time better by writing to the Bangkok Post to point that out, rather than trying to gain favours from Samdech blah blah blah Hun Sen. I wonder if the professor also agrees with Hun Sen about the Eastern border. Everyhting is OK there in the professor's eyes?

Anonymous said...

Hello Uncle Michael Hays!

Re: Turn the era "Preah Vihear" into the Cambodian-Thai International Friendship Park.It's not a bad idea.

But Our Ancestors says:"Don't trust the Sky,don't trust the Star, don't trust the Thai/SiameesesPAD thugs War Mongers by not knowing the suffering is caused by desires from Greed,Anger and Delusion.

The way you said as above look like you tell the Cambodian kids to shared you wife with them....can you do that?. May be Thai/SiamesesPAD brain wash you to get drug and got aid from Thai pussy in order to ask Hun Sen do business with Thai/SiamesesPAD thugs. No way my Ungle Hun Sen willing to do business with them.

I'm afraid the Indonesians Peace keeping force soon they arrive Bangkok Khun Abhisit & Kasit will take all of them to Pattaya and brain wash all of them to Night Club in Pattaya to find drugs and Thai pussy.

Good Luck Uncle Micheal Hays at least you try with my ungle Hun Sen

Anonymous said...

Michael Hay's opinion was quite good, agreed with someone above. He said lots of other good things about Khmer, but Pwn Ngwoun reaction was over the top, because he is a Hun Sen sucker.

I agree also this small plot belongs to Cambodia, so do many villages and islands the yuon took from Cambodia under Hun Sen.

Pen Ngoeun needs this letter to PPP to rebutt Michael Hayes in order to climb up thye Okhna ladder.

Anonymous said...

Arkun Lok Pen Ngoeun! One step at a step we will go to Prey Nokor,Koh Tral,ect.. with Dr. Peang Met Gaffa to get Champa back from Uncle HO.

I could not wait to see Dr. Hun Manet to get 5 stars in order to get our land back.

Anonymous said...

KHmerization hates people who talk about Kos Trol, sea and lands about 10 000km2 to Vietnam. Khmerization try to silence Ms. Rattana Keo about Kos TRol, sea and land 10 000km2. Khmerization tries to play blame game to Ms. Rattana Keo. Khmerization is killing every Cambodian who talks about Kos Trol. Ms. Rattana Keo keeps talking about Kos Trol, sea and lands over 10 000km2 to Vietnam because No Khmer men dare to speak out about this out loud. They are get into politic and news to serve their own interest in money in every generation of Khmer. Khmerization tries to silence one defend less woman that remind Khmers about Kos Trol, sea and lands over 10 000km2 have been lost to Vietnam injustice to all Cambodian people. Shame on khmerization News! Khmerization only serves their interest in political gain.
All real patriot Khmers die for nothing to serve the optician in every generation. Politian get rich and Khmer people keep suffer every day.
All Cambodian readers beware, I used to be a very big fan that inspired by KI and Khmerization but today I can see their real face and political gain purpose. Beware all Cambodian people! Politian gets rich but Khmer people like you and me are getting suffered every day.

Anonymous said...

Som arkun anek kapakar Lok Pen Ngoeun...

Two thumbs up for Mr. Pen Ngoeun, a real Khmer HERO with integrity and wisdom!

Anonymous said...

Pen Ngoeun got facts and merits in this article...whereas Peang-Meth wrote a recent article as if he was just back from Pattaya!

Anonymous said...

Mr. Hays proposal may not be so bad if the details to split the revenues is fair that both sides can agree.
The trick is in the details.

The sharing proposal would avoid lost of lives. Cambodia is smaller with less resource, so she would have to sacrifice more for a long drawn war. The hardest part for Cambodians is to put nationalist fervor aside and approach this conflict with a cool head.

Anonymous said...

9.31AM, good fake spin dotor, man. Keep trying yuon dog

Anonymous said...

Some Khmer in Long Beach said...

I agreed with Mr. Hayes. Preah Vihear should be a joint development because, let's take a look..

1. Current Gov't is cash strapped. They sold just about anything they own to foreign investors ( whether that thru corruption or legitimate purposes?)
2. They leasing out a National security services to Thai. Thai-SAMART is currently in charge of the Khmer Air space. Do you know who will be the first to inform Hun Xen if Khmer were to be invade by Thai air force?-

Anonymous said...

it will be too late when Hun Xen realized!!!.
3. The Gov't leased out 100thousand hectar of Khmer land to foreigner already.
So, Why not make it a joint development ?. why risking inocent people lives ?. Just make sure that it'll be fair then continue to resolve thhe border's conflict. The point is that, the Gov't already sold evrithing else and most of theem are riches already; Let's not sacrify the poors.

Anonymous said...

can't believe my ears! people still ignore the 1907 map which is official, unlike siem thugs' unilateral map, you know!

Anonymous said...

michel Hay share your wife with me and all you property and money if you could do that?