Asean’s credibility at stake

Friday May 6, 2011
Comment by MERGAWATI ZULFAKAR
The Star Online (Malaysia)

Jakarta: One side describes it as “border skirmishes,” the other insists it is a “real war”.

But this weekend, the border dispute between Thailand and Cambodia threatens to spill over to the rest of the region, albeit being one of the issues to be discussed behind closed doors when the 10 Asean leaders begin their annual summit in Jakarta on Saturday.

Thai Prime Minister Abhisit Vejjajiva and his Cambodian counterpart Hun Sen will not only be under the watchful eyes of their Asean colleagues, but every statement and move they make will be monitored by the media.

Indonesian Foreign Minister Marty Natalegawa has said the two sides would meet on the sidelines of the summit but Abhisit has retorted and dismissed any possible meeting.

Hun Sen, meanwhile, has already indicated that he would only sit down to talk with the next Thai leader, in an apparent reference to the forthcoming Thai elections.

Yet, despite that some quarters feel it is just a spat between two countries over land border for half a century, others believe Asean should be seen actively engaged in the dispute.

To be fair, Asean, through Indonesia as the current chair, is mediating.

Jakarta is supposed to send its observers as part of the ceasefire process but this has come to naught so far.

Analysts feel the Thai military has been the major factor that has prevented the Thai government from making any important diplomatic commitments, such as the stationing of Indonesian observer troops on the Thai-Cambodian border.

Relatively speaking, the Government in Phnom Penh is strong, allowing Hun Sen to appear reasonable and cooperative, unlike his counterpart in Bangkok.

So what does Asean do next? If it cannot prevent an open conflict between its own members, some feel that the credibility of the association is in serious danger of erosion, especially if the conflict escalates.

Asean leaders attending their annual summit here this week must at least be seen to urge Thailand and Cambodia to accept Asean mediation (in whatever form acceptable to both), failing which they must define the subject matter of their dispute and request the International Court of Justice to make a decision.

Someone must tell the Thais and the Cambodians that it is not possible to settle their territorial dispute by military means.

One side may win the battle at this time, but the loser will regroup and renew the fight in future.

In April last year, Asean adopted the Protocol to the Asean Charter on Dispute Settlement Mechanisms in Hanoi that provides for a variety of means to settle disagreements, including consultation between parties, mediation, and arbitration.

Unresolved disputes can be referred to the Asean summit.

It begs one to question whether the leaders will do just that.

At the same time, one must be mindful that failure to resolve the spat by Asean will raise questions over the association's Asean Community 2015 objectives, including people integration.

Asean secretary-general Surin Pitsuwan, who hails from Thailand, is undoubtedly troubled with the situation. At the same time, he must not be seen as being bias.

Reportedly, he has said that there was progress in getting the two sides to resolve the conflict, although he admitted, it will not be easy.

Asean members are bound by a Treaty of Amity and Cooperation, which forbids the threat or the actual use of force in intra-regional disputes.

The Asean Charter adopted in 2007 has provisions for settling rows but its hands are often tied by its core principle of non-interference in members' domestic affairs, which means the group can only intervene with the consent of the involved parties.

But if Asean can bring peace between Thailand and Cambodia, then it can claim that it has indeed matured as a regional organisation, at least in the realm of diplomacy if not the area of economic, social and cultural cooperation.