Bonds start to mend in Bogor

Progress made on issue of Indonesian observers

8/04/2011
Thanida Tansubhapol & Wassana Nanuam
Bangkok Post

Thailand and Cambodia have resumed Joint Boundary Commission talks in Indonesia to try to resolve their border spat which has seen bilateral relations plunge to their lowest point in years.

Former ambassador Asda Jayanama and Cambodia's top border negotiator Var Kimhong co-chaired the two-day meeting held in Bogor from yesterday.

At the meeting, which will be concluded today , Thailand and Cambodia agreed to work jointly on three issues to support border demarcation, said Chavanond Intarakomalyasut, secretary to Foreign Minister Kasit Piromya.

"Thailand and Cambodia have reached agreements to prepare for the survey of border posts 1 to 23 in Surin and Si Saket provinces; to select a company to take aerial photos of the disputed border line; and to conduct a study on the opening of a new border checkpoint in Sa Kaeo, opposite Stung Bot in Cambodia's Banteay Meanchey province," Mr Chavanond said.

Reject New Cambodia-Vietnam Map

Dear Friends and Countrymen,

I am writing to you to consider joining me and other friends and countrymen to register your opposition to a new Cambodia-Vietnam border map soon to be published by the Royal Government of Cambodia and the Government of the Socialist Republic of Vietnam, that stands in conflict with the existing official reference map recognized by Cambodia's Constitution and deposited with the United Nations.

Please log on to http://www.gopetition.com/petition/42160.html to read the petition.

The Khmer Motherland will be grateful for your stand at the time she needed you the most.

Thank you and yours sincerely,

Peang-Meth

Principle of “Effectivité” in Border Demarcation and Dissemination of False Information

September 11, 2010

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

http://www.persee.fr/web/revues/home/prescript/article/ridc_0035-3337_1965_num_17_3_14392

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

GPS survey to settle Vietnamese-Cambodian border [-Will it follow exactly the 1964 Cambodia maps or will it just follow the Viet-imposed maps?]

22/12/2010
Geoff Norris
SurveyEquipment.com

An extensive GPS survey has been commissioned to define the highly-sensitive shared border between Cambodia and Vietnam.

The governments of the two South East Asian nations have announced a joint project - to be carried out by a specialist Danish team of surveyors - that will update the current maps of the border, which are more than 60 years old.

Due to the advanced, satellite-based surveying equipment available for the project, what would have once been a very time and personnel-intensive mission, will now be carried out in less than two years, with a budget of under £1 million (approximately US$1.5 million).

Nguyen Hong Thao, deputy director of the border committee of Vietnam, said the topographic map was an important step in fully realising a border treaty signed between the two nations in 2005.

"Producing a border land map of both countries will help transform the borderlines to become cooperative, peaceful and friendly," he said.

The Cambodian government has come under fire recently from one opposition party, which has claimed that Cambodia has ceded certain tracts of territory to Vietnam at a number of points along the border. Government officials have said the new maps will meet stringent international standards, and allow the two countries to moderate any potential border conflicts.

Three more [unverified] border markers erected [with Vietnam]

12/09/2010
VOV News (Hanoi)

Another three border markers between Vietnam and Cambodia were installed on December 8 at Position 54 in Dak Song District of Central Highland Dak Nong province.

Since 2007, sixteen-boundary markers have been rected in eight other positions.

Twenty-six markers are to be installed at 14 locations on the 130km between Vietnam’s Dak Nong province and Cambodia’s eastern Mondulkiri province, according to plan.

All are made of granite, 1.7m high each. The national marker programme aims to ensure the security and sovereignty of each country and help reduce poverty and eliminate hunger in the two provinces.

Maritime border delimitation under the Khmer Republic regime: Koh Tral belongs to Cambodia?

Border map printing: A fait accompli on Vietnamese border encroachment

Vietnam, Cambodia to make border map

12/02/2010
VOV News (Hanoi)

Vietnam and Cambodia have put out to tender a project on national border map making between the two countries.

Present at the ceremony held in Phnom Penh on December 1 were international bidders such as Blom Info AS of Denmark, IGN of France, Kokusai of Japan, and the joint PASCO-FINNMAP of Japan and Finland, as well as representatives from Vietnamese and Cambodian ministries and relevant agencies and the inter-committee for border demarcation.

The bidding document was signed by Deputy Head of the Vietnam Foreign Ministry’s National Border Committee Nguyen Hong Thao and Senior Minister of the Royal Cambodian Government Var Kim Hong.

To ensure objectivity, science and accuracy, the two sides decided to choose international bidding to make the border map, showing locations of demarcating border landmarks, to be attached to the future Protocol on border demarcation.

Vietnam and Cambodia are scheduled to fulfill all border demarcation-related work by 2012.

"What can the Cambodian gov't produce to provide confidence in its border delimation with Vietnam?": Op-Ed by Ven. Hok Savann

Click on the article in Khmer to zoom in

Viet gloats about another border post that lacks transparency

Binh Dinh launched new Vietnam-Cambodia border marker

Wednesday, 09/06/2010
VNN (Hanoi)

The launch ceremony for the Vietnam-Cambodia border marker No. 241 was jointly held on June 9 by the An Giang Provincial People’s Committee and Cambodian authorities from Kandal province.

The border marker, located at the Tien River International Border Gate in the southern province of An Giang, is the starting point of the border line between An Giang and Kandal.

After one year of construction, border marker No. 241 has been completed, covering an area of 3,600m2. It was made from an entire granite stone to a design approved by both governments.

Both the Tien River and Kaomsamno International Border Gates are the most dynamic and developed among the two countries’ border gates. Their export revenue accounts for 65 percent of the total Vietnamese export earnings from all of the two countries’ border gates.

Opposition insists on a halt in the planting of border posts between Cambodia and Vietnam

07 April 2010
By Ly Meng Huor
Radio France Internationale
Translated from Khmer by Socheata
Click here to read the article in Khmer

Today, a group of 14 SRP MPs signed a letter sent to the chairman of the Constitution Council requesting that the latter takes measure so that the government halts the planting of border posts between Cambodia and Vietnam. However, a high ranking government official claimed that the planting of border posts must continue because the two countries are properly following the Constitution.

A group of opposition MPs indicated that, currently, the government is moving with the planting of posts along the Cambodia-Vietnam border, however, the opposition claimed that this action, in particular for stakes at border posts no. 184, 185, 186 and 187 located in Chantrea district, Svay Rieng province, are not conforming to the borderline shown on the 1:100,000 scale map which is considered the official map set by 1993 Cambodian Constitution.

Because the Constitution Council has the duty to defend the respect of the Constitution, the SRP MPs asked the chairman of this council to take measure so that the Cambodian government halts the planting of posts along the Cambodia-Vietnam border in order to guarantee the respect of the Constitution involving the territorial integrity as stipulated in Article 2 of the Constitution of Cambodia.

The request to halt the planting of border posts by the opposition MPs was done once already when they sent a letter to government leader through the intermediary of the president of the National Assembly. Howver, on 05 Apirl 2010, Heng Xamrin, the CPP president of the National Assembly, refused to send that request to Hun Xen.

Nevertheless, the opposition MPs explained that the border post between Cambodia and Vietnam in Chantrea district, Svay Rieng province, that Sam Rainsy uprooted and that led to a subsequent lawsuit in which Sam Rainsy was sentenced to 2-year of jail term, is a violation of Article 2 of the Constitution. The opposition MPs claim is backed by the report issued by Régis Caloz, a foreign cartography expert, and by several reports issued by Sam Rainsy.

There is no answer yet from Ek Sam Ol, the chairman of the Constitution Council. However, sVar Kim Hong, the minister in charge of government border committee, indicated that the planting of border posts will continue and it cannot be halted as requested by the SRP. He said that the SRP request is baseless and is done haphazardly.

sVar Kim Hong who is involved on the planting of border posts between Cambodia and Vietnam, said that the progress of the border delineation between Cambodia and Vietnam is done on a clear basis that abides by the national and international law.

The planting of border posts between Cambodia and Vietnam was initiated in 2006. 375 posts are planned to be erected along the 1,270-km long common border. Up until the end of 2009, 111 border posts were planted. The two countries promised to complete the border planting by 2012.

How to Manually Position Border Posts on a Map

Source: SRP

Click on each page to zoom in

New Vietnam-Cambodia border landmarks inaugurated [-Soon you will find these border posts in front of Hun Sen's fortress in Tuol Krasaing!]

12/26/2009
VOV News (Hanoi)

A new pair of national landmarks on the common borderline of Vietnam and Cambodia were inaugurated at the Dinh Ba international border gate in Tan Hong district of the southern province of Dong Thap on December 25.

The new landmarks, No. 232, are the first of 10 pairs to be planted along the borderline between Dong Thap province and its Cambodian neighbouring province of Pray Veng.

The landmark planting is conducted in line with the Vietnam-Cambodia 2005 Treaty.

Boosting friendship with Vietnam to allow easier Viet encroachments?

Cambodia, Viet Nam agree to boost friendship

21-12-2009
VNS (Hanoi)

PHNOM PENH — Viet Nam and Cambodia agreed to intensify their traditional multi-faceted co-operation in a joint statement issued on Saturday, wrapping up Party General Secretary Nong Duc Manh’s official visit to Cambodia.

The bases of the bilateral ties were outlined in the 1999 and 2005 high-level joint statements between the two countries.

They included respect of the other’s independence and sovereignty, non-interference in the internal affairs of each country, no use of force nor threat of the use of force, the banning of national territories being used by a third party to engage in attacks on the other, co-operation on an equal basis and for mutual benefit, use of peaceful negotiations to solve bilateral issues in the interest of both peoples, for peace, stability, co-operation and development in Southeast Asia.

Viet Nam and Cambodia agreed on more high-ranking meetings to increase mutual understanding and confidence, create and enhance favourable conditions for the expansion of dynamic co-operation between the two countries’ legislators, executive bodies, and local people’s organisations and authorities, particularly those in bordering areas.

The two sides placed importance on their economic co-operation, applauding the signing of co-operative agreements in aviation, rubber planting, electricity and petroleum.

They agreed to intensify co-operation in combating cross-border crimes and illegal immigration, reaffirming their policies of not allowing any hostile forces to use their respective national territories to threaten the security of the other.

The two countries would continue working together in searching, exhuming and repatriating the remains of Vietnamese volunteer soldiers who fell in Cambodia.

Both sides were determined to complete the land border demarcation and the planting of border markers by the end of 2012, so as to develop the shared borderline into the one of peace, friendship, co-operation and sustainable development.

The two countries pledged to continue working closely together in raising awareness among people living on the borders of the respective countries of the agreements and regulations relating to the common borderline.

They reached a consensus on continuously providing favourable conditions and equal treatment for Vietnamese and Cambodian expatriates as well as foreign expatriates living in their countries.

Viet Nam and Cambodia agreed to enhance their close co-operation with Laos and other countries in developing the Viet Nam-Laos-Cambodia Development Triangle into an area of peace, security and prosperity.

They also agreed to boost bilateral co-operation and co-operation with other partners of the Greater Mekong Sub-region for environmental protection and the rational use of the Mekong River’s water resources.

The two countries pledged to continue to join efforts with other regional countries in making Southeast Asia a region of peace, co-operation and prosperity, and increase co-ordination at other regional and international forums.

Before leaving the neighbouring country, the Party leader met with the staff of the Vietnamese Consulate General and representatives of the overseas Vietnamese community in Preah Sihanouk Province.

Manh and his entourage also paid a floral tribute to Vietnamese war fallen combatants at a monument in the province and visited the Sihanoukville international seaport.

Treaty Signed Under The Guns

Vietnamese occupation troops in Cambodia

Friday, November 20, 2009
Op-Ed by Anonymous

I listened to His Excellency Var Kim Hong's explanation on the border issue with keen interest. What got me thinking most was the way he based his committee's works around the signed treaty of 1985, between a Vietnamese installed regime, signed under barrels of the guns and only to be re-signed again in 2005. Here right away, one should understand that we start this process from negative - some lands along the border had already been initially signed away to Vietnam since that 1985 deal.

The Cambodian people must demand that treaty of 1985 be trashed. This particular treaty is not legit since it was signed under occupation of 275,000 Vietnamese troops. This government at the time was not legitimate, or ever recognized by the United Nations. Therefore, the treaty is a one-sided story. Unfortunately, as a result of such illegal act, Cambodians along the border areas have already lost much of their productive land to Vietnam. Case in point, just listening to the actual people and victims of land loss who called in to point out areas and villages that ceeded to Vietnam since January 7, 1979. For example, Mr. Sothea from Kompong Cham called in to point out to His Excellency Var that there were land losses at sruk Meh Muth in Phum Che Kech, Prek Sla and Chrok Kreng due to Vietnam encroachment policy. In this recent event in Chantrea district, the government still continues to deny the facts even when poles were planted deep inside the land of our farmers. You can hear the pleas and testimonies on RFA from the victims themselves, but not in the eyes and ears of this highly pro-Vietnam government. What more do Mr. Var needs to hear or see in order to know that Cambodian farmers along the border are being subjected to Vietnamese aggressive policy of land's confiscation?

When asked about old map, old treaty of independence, Mr. Var Kim Hong pointed out that there are some issues with map selections in applying to his works. He questioned to a certain extend the validity and viability of the French maps recorded during and after Cambodia's independence of 1953. He refused to work with a Cambodian expert on border issue, Mr. Seng Peang Se, because Mr. Seng is not part of the government agency. Given the knowledge and expertise of Mr. Seng on the issue, one has to wonder why the government is keeping Mr. Seng out of the process. One because, I am sure Mr. Seng would have pointed out or insisted on where the borderline should be properly marked based on his own past records and understanding. Now, one has to wonder why Mr. Var Kim Hong and his CPP-lead government do not want a Cambodian expert on border issue to be a part of the committee? It seems rather odd for a responsible government to not seek advice of a highly respectable expert and scholar on this issue. The more His Excellency laid out his case in defense of his works, he gave me the impression that we can not trust the French map, but Vietnam's redrawing one. One caller asked, Mr. Poeu Pheap, "Why poles were always allowed to plant deep inside Cambodian territory?"

On the question of the Paris Peace Accord 1991, the government gave very little significance to the signed documents concerning territorial integrty of which Vietnam was one of the signatories. It was just not something can be referred to on this particular matter. The Cambodian government does not want to refer to the 1953's map because in its view that it's not doable since it could create some problems with our neighbors. So, it prefers to continue its appeasement policy while Cambodian farmers along the Eastern frontier continue to face their future of uncertainties as a result of on-going land confiscation.

As I say again and again with conviction and understanding that, when it comes to defending the interests of Cambodians and our nation, Sam Rainsy Party is there. But, when it comes to defending Vietnam's interests and its territorial expansionism policy, you know who or what I am talking about.

One thing that we have be clear is that we do not have any qualms or whatsoever with the people of Vietnam. We do, however, have certained issues related to Vietnam's hegemonic policy as evidently shown in this case of recent land encroachment activities in Chantrea.

Vietnam and Cambodia target US $1 billion in trade [-Extradition treaty is planned]

August 21, 2007
VNA

Both Vietnam and Cambodia are of the opinion that two-way trade between the neighbours could breach the US $1 billion barrier this year.

The consensus was reached during the 9th meeting of the Vietnam-Cambodia Joint Committee in Phnom Penh on August 20-21, which saw the attendance of Deputy Prime Minister-cum-Foreign Minister Pham Gia Khiem, Chairman of the Vietnamese sub-committee, and his Cambodian counterpart, Hor Namhong.

Both sides decided to focus their efforts on education and training, infrastructure construction, trade, investment, energy, transport, health care, mining, oil and gas, agriculture and seafood processing.

The speeding up of border marker work for completion by the self imposed 2008 deadline was also a prominent discussion point at the meeting, along with trans-national crime, the conducting of joint naval patrols and preliminary negotiations on an extradition treaty.

The officials urged localities, especially provinces on both sides of the borderline, to increase co-operation and businesses to build more power plants along Se San river.

At the meeting, the officials also reviewed the implementation of agreements signed at the last event that was held in Vietnam’s central Thua Thien-Hue province in October 2006.

The 10th meeting of the joint committee has been tentatively proposed to be held in Vietnam next year.

Vietnam tries to speed up border demarcation before 2008 election?

10/04/2007
Border demarcation to be sped up

VietNamNet Bridge - Government steering boards overseeing the demarcation of borders with Cambodia and China met in Quang Ninh province, on April 9, to discuss plans to ratchet up their progress.

The conference, chaired by Deputy Prime Minister Pham Gia Khiem, brought together representatives from government ministries, 17 bordering localities and key staff members of the steering boards.

"Border demarcation and the planting of border markers are of great significance to the nation's internal and external affairs, defence, security and socio-economic development," Deputy PM Khiem said.

"The work will help define clearly the actual border and contribute to creating a stable environment to foster socio-economic development, increase cross-border linkage, and promote friendship with our neighbouring countries," the Government leader stressed.

2007 was defined as a major year for demarcating the country's borderline with China . The year will also see work begin on the country's shared border with Cambodia as well.

Participants at the meeting agreed to increase the pace of demarcation on both borderlines so the work can be completed by the end of 2008. The leaders of all three countries are supportive of the plan.

(Source: VNA)

Cambodia to lose more lands to VN in May

The Vietnamese Prime Minister Nguyen Tan Dung (R) and his Cambodian counterpart Hun Sen at a meeting in Phnom Penh in December, 2006

Sunday, April 8, 2007
Vietnam, Cambodia to mark border in May

Vietnam and Cambodia have agreed to start posting landmarks on their common border this May. The countries aim to post 100 landmarks by the end of the year.
The agreement was reached at a chairman-level meeting of the Vietnam-Cambodia Joint Committee for Land Border Demarcation and Landmark Planting in Phnom Penh this week.

The two sides unanimously confirmed to complete the border demarcation before the end of 2008.

The Vietnamese side was represented by the committee's chairman Vu Dung, Deputy Foreign Minister and Head of the Border Department. The Cambodian side was led by chairman Var Kimhong, Senior Minister in charge of border affairs.

The two countries also agreed to discus with Laos the possibility of marking the T-junction border line where the three countries meet.

Deputy FM Dung was received on April 5 by Cambodian Deputy Prime Minister Sok An, who appreciated the joint committees' efforts. The two Deputy PMs discussed the landmark cooperation.

Source: VNA

SRP Statement on Nguyen Minh Triet's visit

February 27, 2007

SRP Statement on the Visit of the President of Vietnam

The Sam Rainsy Party is pleased to note the visit of Nguyen Minh Triet, President of the Socialist Republic of Vietnam, to Phnom Penh, Cambodia. We hope that his conversations with the government of Cambodia will prove fruitful to the peoples of both nations.

We request that both parties honor the terms of the 1954 Geneva Convention and the 1991 Paris Peace Accords which stress principles of “sovereignty, territorial integrity and inviolability, neutrality and national unity of Cambodia.”

We hope that the Cambodian government will view the visit of President Nguyen as an opportunity to raise the following important issues:

• Respecting religious rights inside of Vietnam, particularly in regard to the Khmer Kampuchea Krom monks;
• Ending human rights abuses against indigenous groups in Vietnam, including the Khmer Krom and Montagnard people;
• Engaging Cambodian villagers and farmers in open discussions about concessions of border lands;
• Rectifying the mismanagement of the Yali Dam on the Se San River, which has severely affected the livelihood of downstream Cambodians in Ratanakiri.

SRP Members of Parliament

For more information, contact 012 858 857

Border technical delimitation working group silent on its blatant discovery of VN's encroachment inside Cambodia

Border delimitation problem between Cambodia and Vietnam in Ratanakkiri

13 Feb 2007
By Ratha Visal
Radio Free Asia
Translated from Khmer by Heng Soy

The Cambodia-Vietnam technical group failed to establish a common point to install the border in the white zone area near the entry gate between the two countries, in O’Yadaw district, Ratanakkiri province which borders with Vietnam’s Gia Lai province.

The failure to delimitate the border occurred on 11 Feb 2007 after the border technical working group completed its 3-day mission to look for a technical resolution to designate the location of the border post.

No officials dare talk officially about this failure, nor explain the cause of the failure. However, anonymous officials did confirm the failure.

Based on four sources interviewed, RFA learned that Sin Siek Ny, the government official which led the technical team to delimitate the border with Vietnam, found that of the border in O’Yadaw district, along 10 kilometersthe border is being pushed inside Cambodia by up to 409 meters (0.4 km or 1340 feet), and also at the international border gate, Vietnam paved the access road 70 meters (230 feet) into Cambodia’s territory. After mediation, the Vietnamese side decided to pull back by 25 meters, but Cambodia does not agree.

Hor Ang, the deputy police chief of Ratanakkiri province, declined to comment on the interview provided to RFA. “I did not check where the location of the numbers they talked about is. I do not know yet,” Hor Ang said.

RFA cannot contact Sin Siek Ny either as his phone was turned off.

When contacted, Var Kim Hong said that he was too busy in a meeting to talk to a reporter.