The Nation
EDITORIAL
Candidates in the upcoming election should make clear how they propose to settle the ongoing Preah Vihear boundary conflict with Cambodia
Political parties in the race for the July election need to make clear their policy on Cambodia, as the case of the disputed Preah Vihear Temple at the International Court of Justice (ICJ) will be a ticking time-bomb for the new government after the poll.
The Cambodian government has requested that the ICJ clarify the scope and meaning of the 1962 judgement on the case in order to exercise its sovereignty over the temple and its vicinity.
The court ruled that the temple is situated in territory under the sovereignty of Cambodia, and ordered Thailand to withdraw troops and personnel from the temple and its surrounding areas deemed as Cambodian territory. Thailand complied with the court's ruling, but Cambodia considers that what Thailand has done is not enough, and wants the court to make clear what "the territory under the sovereignty of Cambodia" is.
There are many potential options in dealing with this case. Over the nearly five decades since the ICJ ruling, Thailand's governments have tried to deal with Cambodia outside the courtroom by exercising good relations to interpret the 1962 judgement jointly and define the boundary line in the areas around Preah Vihear. The two countries have a memorandum of understanding on land-boundary demarcation, signed in 2000, and have also set up a Joint Boundary Commission to survey and demarcate the boundary.
The bilateral instrument and mechanism previously seemed to work properly to define the entire land boundary, until Thai nationalist groups together with the Democrat Party opened historical wounds by opposing the Cambodian plan to inscribe the Preah Vihear Temple as a Unesco World Heritage Site.
The World Heritage inscription of a property situated in a territory, sovereignty or jurisdiction that is claimed by more than one state shall in no way prejudice the right of the parties to the dispute. However, Thai nationalist groups and the Democrat Party over its past few years in power have been, and still are, worried over the loss of the right to claim the vicinity around Preah Vihear and even the right to reverse the 1962 ICJ ruling. The outgoing government has tried by all means over the past two years to prohibit Cambodia from management of the World Heritage-inscribed temple.
Phnom Penh has reacted fiercely to the obstructionist Thai move, resulting in a series of military clashes in the border areas, which has caused the loss of lives of civilians and soldiers on both sides. Rather than giving up, the Thai government has exploited the armed conflict as an excuse to block further Cambodia's management plan for Preah Vihear. But this is not the end of the story, as Cambodia has opened a new battlefront at the ICJ to seek a permanent solution to the boundary conflict.
Legally speaking, the game in court is not to Thailand's advantage, since the ruling was made in favour of Cambodia. When the court ruled in 1962 that Preah Vihear belongs to the Cambodian side, the judges should have cleared up exactly where the boundary is. The court at the time used a French-made map to define the boundary. If the court had interpreted the ruling on the line of previous judgements, Cambodia would also have got what it claims.
The ruling Democrat Party chose to fight in the court and instructed the Foreign Ministry to set up a legal team to go to the ICJ. Lose or win, the party must take responsibility for the consequences.
Other political parties running in the election should offer alternatives. The other option for Thailand is to settle the matter out of court and return to the bilateral instrument and mechanism to define the boundary. It would be better if the two countries could restore good relations and sit down equally to help each other define the boundary and benefit from the potential the temple and adjacent area offers in terms of trade and tourism.
Candidates in the upcoming general election must inform the electorate of how they stand on this issue, as it is one of the most important issues facing Thailand at this juncture. How the public chooses will have a direct bearing on how this issue is eventually resolved.
5 comments:
Great Vietgook Empire is now Called Great Vietgook Expired.
Great Vietgook Expired is now offical name called Chinaviet province of wonder.
Welcome! Welcome to Chinaviet The Province Of Wonder!
LOL
As a reminder yet again not only to the writer of this article, but especially to those who choose to understand history, the so called land in the vicinity of Preah Vihear, not only rightfully belongs to Cambodia, you know many provinces of today's Thailand once belonged to Cambodia had been robbed by past kings of Thailand. Ignoring historical facts, these Siamese, taking advantage of Cambodian socioeconomic situation, exploiting the opportunity, by making unrealistic claim that they owned this piece of land - such blatent behavior is playing out for the world to see: How about robbery being committed all over again? Won't you Siamese ever learn common sense!
No bilateral. ICJ is the right place for Cambodia to settle the case of Preah Vihear. UN is the right place to settle Paris Peace Agreement that both Thai Youn violated.
Welcome! Welcome!
Great Khmer Empire is now Called Great Khmer Expired.
Great Khmer Expired is now offical name called Nambodia province of wonder.
Welcome! Welcome to Nambodia The Province Of Wonder!
Koh Tral Island must not be forgotten
By Ms. Rattana Keo
Why do Koh Tral Island, known in Vietnam as Phu Quoc, a sea and land area covering proximately over 30,000 km2 [Note: the actual land size of Koh Tral itself is 574 square kilometres (222 sq miles)] have been lost to Vietnam by whose treaty? Why don’t Cambodia government be transparent and explain to Cambodia army at front line and the whole nation about this? Why don't they include this into education system? Why?
Cambodian armies are fighting at front line for 4.6 km2 on the Thai border and what's about over 30,000km2 of Cambodia to Vietnam. Nobody dare to talk about it! Why? Cambodian armies you are decide the fate of your nation, Cambodian army as well as Cambodian people must rethink about this again and again. Is it fair?
Koh Tral Island, the sea and land area of over 30,000 square kilometres have been lost to Vietnam by the 1979 to 1985 treaties. The Cambodian army at front line as well as all Cambodian people must rethink again about these issues. Are Cambodian army fighting to protect the Cambodia Nation or protecting a very small group that own big lands, big properties or only protecting a small group but disguising as protecting the Khmer nation?
The Cambodian army at front lines suffer under rain, wind, bullets, bombs, lack of foods, lack of nutrition and their families have no health care assistance, no securities after they died but a very small group eat well, sleep well, sleep in first class hotel with air conditioning system with message from young girls, have first class medical care from oversea medical treatments, they are billionaires, millionaires who sell out the country to be rich and make the Cambodian people suffer everyday.
Who signed the treaty 1979-1985 that resulted in the loss over 30,000 km2 of Cambodia??? Why they are not being transparent and brave enough to inform all Cambodians and Cambodian army at front line about these issues? Why don't they include Koh Tral (Koh Tral size is bigger than the whole Phom Phen and bigger than Singapore [Note: Singapore's present land size is 704 km2 (271.8 sq mi)]) with heap of great natural resources, in the Cambodian education system?
Look at Hun Sen's families, relatives and friends- they are billionaires, millionaires. Where did they get the money from when we all just got out of war with empty hands [in 1979]? Hun Sen always say in his speeches that Cambodia had just risen up from the ashes of war, just got up from Year Zero with empty hands and how come they are billionaires, millionaires but 90% of innocent Cambodian people are so poor and struggling with their livelihood every day?
Smart Khmer girl Ms. Rattana Keo,
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