Preah Vihear a wake-up call for [Thai] government

July 12, 2008
The Nation
EDITORIALS

Foreign ministry's arrogance and superior airs led in part to Noppadon's career-ending gaffe

The resignation of Noppadon Pattama from his post at the Foreign Affairs Ministry has set a precedent that could affect the entire government apparatus, including Parliament, which used to enjoy some degree of freedom, especially in its dealings with foreign powers.

Moreover, members of other agencies, including all branches of Thailand's armed forces, were said to be going through their documents, memorandums of understanding, contracts and agreements, to make sure that a document will not come back and haunt them the way it did Noppadon.

According to the Constitution Court, the former minister acted unconstitutionally when he endorsed Cambodia's application to have Preah Vihear Temple registered as a Unesco World Heritage site without first consulting Parliament on the matter.

Many Thai scholars argue that his endorsement and that of the Cabinet undermined Thailand's claim to the disputed land around the temple, which is situated on the Thai-Cambodian border.

Critics were quick to link the endorsement to all kinds of conspiracy theories, including suggesting that it was tied to former prime minister Thaksin Shinawatra's potential investments in Cambodia.

Conspiracy theories aside, what is clear is that Noppadon bit off more than he could chew. He was hoping that by closing the chapter on Preah Vihear, Thai-Cambodian relations in the long run could develop and expand into other areas, be they political, social or economic.

The reason his gamble did not pay off has much to do with the manner in which the sensitive issue was handled. The fact that he overlooked the role of Parliament suggests that Noppadon, and the government for that matter, had little regard for the spirit of the Constitution, which in Article 190 details the role of parliamentarians in determining the course of the country's foreign affairs.

The Constitution Court's ruling against Noppadon was a wake-up call for all - the officials at the Foreign Affairs Ministry, whose elitist attitude and culture of isolation were part of the reason behind Noppadon's downfall, and the parliamentarians who will likely think twice before raising their hands to vote in the future.

As difficult as it may be, the executive branch will have to hand some of its power to the parliamentarians. The thought of some hick MPs debating technical issues related to international relations may give some Foreign Ministry officials the creeps. Surely, some of them must have heard Plato's maxim: "The price of apathy towards public affairs is to be ruled by evil men."

In retrospect, Noppadon came into the post with his talk of putting a "good neighbour" policy into action and so on. He saw the rise of Indochina and believed that the spirit of cooperation was the best way to go about it. But nobody told the young man not to be in such a hurry because his imprudence might come back to haunt him.

The People's Alliance for Democracy and the opposition saw an opening and went for the kill. They did it with no mercy whatsoever. Some of them talked nonsense without relying on facts and historical data on the controversial temple.

We are living in interesting times, indeed. All of a sudden, Thailand's best and brightest at the Foreign Ministry are not good enough to handle the new and multifaceted challenges facing them. They watched Noppadon take Thailand into unfamiliar territory, make a fool of himself and turn the country into an international laughing stock.

Like Noppadon, they will have to get out of their traditional comfort zone and learn a thing or two about national politics and local sentiment. Along the way, it is hoped that they will come to the realisation that they are no better than any one of us.

Abhisit can keep the Preah Vihear joint communiqué, who needs a flip-flopping Thai support anyway?

Abhisit calls on new FM to revoke support in Preah Vihear joint communiqué

July 11, 2008
The Nation

Democrat Party leader Abhisit Vejjajiva Friday urged the new foreign minister to withdraw the government's support in the controversial joint communiqué with Cambodia over the Preah Vihear listing.

He said the new foreign minister, who will replace Noppadon Pattama, will have to make it clear that Thailand does not endorse or accept the joint communiqu้ and maps and chart of area where the ancient Hindu temple is located.

He said the foreign minister must inform the International Community and the World Heritage Committee that Thailand still reserves its right to the disputed area so the Thai government must have a say in how the area would be developed.

Thai FM likely to resign as battering of govt continues

The opposition has demanded that Foreign Minister Noppadon Pattama resign over a dispute with Cambodia centering on an ancient temple on the Thai-Cambodian border. -- PHOTO: AFP

July 10, 2008
AP

BANGKOK - TOP Thai politicians said on Thursday the foreign minister was expected to resign soon as a raft of court cases and street protests battered the government of Prime Minister Samak Sundaravej.

The opposition has demanded that Foreign Minister Noppadon Pattama resign over a dispute with Cambodia centering on an ancient temple on the Thai-Cambodian border.

The Thai Constitutional Court ruled on Tuesday that Mr Noppadon acted unconstitutionally when he endorsed Cambodia's application to register the Preah Vihear temple as a Unesco World Heritage Site without first consulting Parliament on the matter. Critics fear the move undermines Thailand's claims to land near the temple.

The deputy leader of Samak's People's Power Party, Mr Kan Thienkhaew, said that the foreign minister 'is most likely to resign.

'He cannot stay on since the Constitutional Court ruled,' he said.

Meanwhile, the main opposition Democrat Party said it was ready on Thursday to submit an impeachment motion against Mr Noppadon.

'Noppadon must show his responsibility by resigning from his position to save the entire Cabinet from legal trouble since the foreign ministry was solely responsible for the joint communique,' said Mr Banharn Silpa-archa, leader of the Chart Thai party, the second largest in the six-party ruling coalition.

Several high-profile court rulings this week have targeted top officials in the Mr Samak government.

The Constitutional Court disqualified Public Health Minister Chiya Sasonsup from office on Wednesday for violating asset disclosure rules by failing to fully declare his wife's shareholdings.

In yet another case, the Supreme Court issued an arrest warrant on Wednesday for Mr Wattana Asavahame, chairman of one of the coalition parties, after he failed to appear in court to hear a verdict on charges against him of corruption over a water treatment project, a court statement said.

The announcement of the verdict in the case was rescheduled to August 18, the statement said. If convicted Mr Wattana faces up to 10 years in jail.

On Tuesday, the Supreme Court banned a former parliamentary speaker from politics for five years for electoral fraud. The verdict could lead to the eventual dissolution of the People's Power Party if the Constitutional Court decides that Yongyuth Tiyapairat committed the fraud to benefit his party.

Demonstrators have disrupted traffic in pockets of the capital Bangkok daily since May demanding that Mr Samak and his government resign, saying he is merely a proxy for former Prime Minister Thaksin Shinawatra, who was toppled in a 2006 military coup.

Mr Samak denies the accusations, saying the protesters are trying to undermine his democratically elected government.

Thaksin faces a slew of court cases charging him with corruption and abuse of power.

The Supreme Court heard the testimonies on Tuesday of the first witnesses in the trial of Thaksin and his wife on charges related to her purchase of Bangkok real estate during his time as premier. The court will rule July 31 on separate charges of tax evasion against his wife.

[Thai] Cabinet faces impeachment

July 9, 2008
By Supalak Ganjanakhundee
The Nation

Judges rule 8-1 that communique with Cambodia unconstitutional

Less than 12 hours after the World Heritage Committee agreed to list Cambodia's Preah Vihear Temple as a World Heritage site, Thailand's Constitution Court yesterday ruled as unconstitutional the joint communique signed by Foreign Minister Noppadon Pattama and Cambodian Deputy Prime Minister Sok An to support the application.

The ruling poses a political threat to the government, because senators and the opposition Democrat Party will seek impeachment of the Cabinet for violating the Constitution.

Civic groups and academics called on Noppadon to step down.

The joint communique is regarded as a treaty in line with the definition in the 1969 Vienna Convention, said court secretary-general Paiboon Warahapaitoon.

The judges also unanimously deemed it a treaty, in accordance with Article 190 of the Constitution, he said.

As it was deemed a treaty, the second paragraph of the article requires it to pass parliamentary reading before it is signed with foreign countries.

The court decided eight to one that the government had been obligated to submit it to Parliament for reading prior to its signing, said the court secretary-general.

Chalermphol Ek-Uru, a former diplomat, was the minority judge but declined to explain why he voted against the majority.

The joint communique is at the centre of political problems, as senators and the opposition have accused the government of mishandling the case, which may cause a loss of sovereignty over the territory surrounding Preah Vihear.

The government had to retract its endorsement of the joint communique at the last minute before the Thai delegation flew to a meeting of the World Heritage Committee in Quebec, Canada.

"I did my job to express our objections, observations and reservations in line with those of former foreign minister Thanat Khoman following the decision of the International Court of Justice in 1962," Noppadon said from Quebec.

"In addition to the unresolved border disputes of the areas surrounding the temple of Preah Vihear, Thailand cannot support the decision," he said at the World Heritage Committee meeting.

The change of position was insufficient to block Cambodia's move, and the committee finally approved the application.

Several officials at the meeting, including Thailand World Heritage Committee chief Pongpol Adireksarn, the Border Affairs Department's Lt-General Nipat Thonglek and the Royal Thai Survey Department's Colonel Noppadon Chotsiri guaranteed that Cambodia did not include any overlapping area claimed by both sides in its proposal.

Pongpol said Thais should not be sad about Cambodia's success in listing the site.

"We also plan to list our part in the surrounding area of Preah Vihear in the future," he said.

[Thai] Court takes up [Preah Vihear] temple petitions to rule if communique is in breach of charter

Friday July 04, 2008
Bangkok Post REPORTERS and AGENCIES

The Constitution Court yesterday accepted for consideration two separate petitions seeking a ruling on the constitutionality of the joint communique with Cambodia on the proposed listing of the Preah Vihear temple as a World Heritage site.

Court secretary-general Paiboon Varahapaitoon said the court decided to combine the two petitions in one as both asked it to rule on whether or not the joint declaration signed on June 18 was equivalent to an agreement or a treaty under the charter's Article 190.

Article 190 requires any deals or treaties which affect the social and economic benefits of Thailand as well as the integrity of Thai borders to be subject to parliamentary scrutiny before their signing.

He said the court also summoned Foreign Minister Noppadon Pattama, who signed the joint communique on behalf of the Thai government, to testify today at 9 am.

''If he fails to show up, the judges will deliberate the matter and if there is adequate information it may issue a ruling,'' Mr Paiboon said.

The first petition, signed by 22 senators, was submitted last Monday by Senate Speaker Prasopsuk Boondej while the other, signed by 151 MPs, was lodged on Tuesday by House Speaker Chai Chidchob.

As soon as the court agrees to make a ruling on the joint declaration, the government must halt all related activities until the verdict.

Vimolphun Peetathawatchai, who signed a petition against Cambodia's proposed listing of the Preah Vihear temple, yesterday called on Sheldon Shaeffer, director of the Unesco office in Bangkok, to resign after he referred to a wrong date in his letter to the Senate foreign relations committee.

She was upset that Mr Shaeffer came out to clarify the matter only after being summoned by Mr Noppadon to back him up in his protest over the date the communique was signed.

Following the meeting with the minister, the Unesco director said that the July 1 letter addressed to appointed senator M.R. Priyanandana Rangsit should have made reference to June 18, not May 22.

Mr Shaeffer said he had referred to an original agreement that was an informal document pending the Samak Sundaravej cabinet's approval in June.

''The fact I wrote to the chairwoman of the Senate foreign affairs committee was based on the information I have from Paris (May 22). So the original agreement that I referred to on May 22 was an informal document clearly pending cabinet approval in June,'' he said after being summoned.

Ms Vimolphun, however, said that as Unesco director, Mr Shaeffer should have been more careful because the matter was highly sensitive.

''But if he acts upon the request of the minister, he should also say so,'' she said.

Mr Noppadon said yesterday the May 22 date was ''an initial document'' between him and Cambodian Deputy Prime Minister Sok An when they and Unesco officials held talks to sort out their differences over the boundaries of the temple.

The communique was officially approved by the cabinet on June 17 and the formal signing came one day later.

''I signed on that document with wording that 'pending cabinet approval' in order to prevent change of its content as it would not have any force before getting approval from the cabinet. There is no hidden agenda with this issue,'' said Mr Noppadon.

The minister said Unesco headquarters in Paris has already learnt of the Thai position that it cannot support Cambodia's bid to list Preah Vihear.

Mr Noppadon is leaving tomorrow for Quebec to withdraw Thailand's support for Cambodia when the World Heritage Committee considers 47 sites proposed for World Heritage status during a nine-day meeting starting Wednesday and ending July 10.

The result of the Preah Vihear case is expected on Sunday .

He said he and Prime Minister Samak have asked Thai ambassador in Phnom Penh Viraphand Vacharathit to evaluate the situation closely and the Cambodian government to step up security at the Thai embassy.

''I hope there will be no serious situation which might affect the good relationship between Thailand and Cambodia,'' said Mr Noppadon.

In Phnom Penh, government spokesman Khieu Kanharith said the Cambodian government would not tolerate ''anti-government elements'' making the temple a political issue and would not permit a proposed march on the Thai embassy.

He was responding to an announcement by the little-known Society, Morality and National Culture Institute that it was lobbying for permission to stage a 3,000-strong rally around the Thai embassy.

Cambodia ordered extra police protection for the Thai embassy yesterday fearing the potential for violence.

Phnom Penh police chief Touch Narath said he had posted the extra security after a request by protesters to rally outside the embassy, which was torched by a mob in 2003.

Thai words means nothing ... zero ... zilch!!!

Joint communique has no legal biding : FM

Thu, July 3, 2008
By Supalak Gunjanakhundee
The Nation

Foreign Minister Noppadon Pattama said the joint communique he signed with Cambodia on May 22 in Paris endorsing Cambodia's bid to have Preah Vihear Temple listed a World Heritage site has no legal binding unless it got approval from the Thai and Cambodian cabinets.

The minister said the document clearly stated: "pending for cabinet approval.

"Cambodia cannot use such document to support it's application," he said.

In a reply letter to a group of senators who lodged protest concerning Preah Vihear Temple, Sheldon Saeffer, Director of Unesco (Bangkok) reminded the country's Upper House that Thailand expressed formal support for the temple to be listed as a World Heritage Site in the agreement signed by Noppadon and Sok An in Paris on May 22.

"Such commitment to cooperate for the management and protection of the temple of Preah Vihear was reiterated and formalised by the Joint Communique recently signed by the Minister of Foreign Affiars of Thailand and by the Vice Prime Minister of Cambodia in Paris on 22 May 2008.

This Joint Communique has been brought to the attention of the World Heritage Committee for consideration as part of the nomination file," the letter said.

Noppadon said it was clearly mentioned in the document that it would be an official one once approved by the Thai government.

FM given Friday deadline to clarify Preah Vihear joint communique

BANGKOK, July 3 (TNA) -- Thailand's Constitution Court has given Foreign Minister Noppadon Pattama until early Friday to explain to it the joint communique he signed with Cambodia on behalf of the Thai government, allowing Cambodia to apply for Preah Vihear temple to be registered as a World Heritage site, Court secretary-general Paiboon Warahapaitoon said Thursday.

Mr. Paiboon said the foreign minister has until 9 am Friday to explain to the court the Thai cabinet's endorsement of the statement.

If Mr. Noppadon fails to appear, the Court will proceed and rule as to whether the signing of the document violates the constitution, Mr. Paiboon said.

The cabinet endorsed the Cambodian-drawn temple map on June 17, and on the following day approved the joint communique signed by Mr. Noppadon and Cambodian Deputy Prime Minister Sok An.

The order for Mr. Noppadon to explain himself to the Court followed the petitioning by 77 senators and 151 members of the House of Representatives to the Senate and House Speakers, respectively, urging the Constitution Court to rule as to whether the signing violates the constitution.

The petitions were submitted after the Administrative Court last Saturday issued an injunction against enforcement of the cabinet resolution.

Meanwhile, Surin Pitsuwan, secretary-general of the Association of Southeast Asian Nations (ASEAN), said he would not express his personal thoughts about the Cambodian government's move to have the temple listed as a World Heritage site during the World Heritage Committee meeting next week.

However, the "issue has created confusion among ASEAN members" and Thailand and Cambodia, he said, must find a speedy solution. Both countries are members of ASEAN.

Meanwhile, Gen. Khieu Sopheak, Cambodian interior ministry spokesman, told AFP that police had been put on guard after a report that thousands of Cambodians might protest at the Thai embassy over the Preah Vihear border dispute.

Security personnel were also mobilised to protect Thai-owned businesses in Phnom Penh, he said.

"We have deployed security forces to protect the Thai embassy because we fear that extremists could do something bad again to the embassy, like in 2003," AFP quoted Phnom Penh's police chief Touch Naruth as saying.

The then Thai embassy and a number of Thai-owned businesses were burned and looted in 2003 as a result of an unfounded report concerning Cambodia's Angkor Wat.

Academics said Preah Vihear joint declaration is legally binding

BANGKOK, June 27 (TNA) - Academics and retired diplomats said the joint communique that Thailand has endorsed with Cambodia on Preah Vihear temple legally binds Thailand to support Cambodia and to allocate budget for joint management of the site.

Meanwhile, a campaign against the move to register Preah Vihear as a World Heritage site -- on the part of Thailand rather than Cambodia -- has to date gathered over 20,000 signatures.

Two former diplomats and two law professors were adamant at a panel discussion at Thammasat University on Thursday that regardless of what it's called, the contents of the document endorsed jointly by Foreign Minister Noppadon Pattama and Cambodia's deputy prime minister Sok An has significant implications that bind the Kingdom both in terms of supporting Cambodia's move to seek World Heritage status and budget to maintain the site.

Retired diplomat Sompong Sujaritkul said even though the document is called "joint communique," rather than a "treaty," it is in essence a state-to-state agreement and has legal effect similar to that of a treaty.

Documentation of Mr. Noppadon's media statements to the effect that the agreement has no legal implications that may result in Thailand negating its rights may help Thailand to argue its case in the future, he suggested.

Law professor Nopnithi Suriya of Thammasat University said one possible solution is for the government to seek parliamentary approval. If this document is rejected by the House then Thailand can argue that the joint communique is not legally binding.

Former Thai Ambassador to Vietnam Surapong Jayanama said the joint dcommunique was done "behind the people's back" and if the government is sincere, this document should be made public instead of classified.

Mr. Surapong said this government deliberately called the document a joint communique in order to bypass the parliamentary process.

He pointed out that former prime minister Surayud Chulanont during his term authorised four rounds of negotiation by the Foreign Ministry on the joint application for the World Heritage status but Cambodia remained evasive, until the recent about-turn which fuels mistrust within Thai society.

Joint communiqué between Cambodia and Thailand on Preah Vihear Temple listing

Click on each page to zoom in

[Thai] FM defends endorsement of temple communique

BANGKOK, June 20 (TNA) - Thai Foreign Minister Noppadon Pattama on Friday clarified to the Senate his endorsement of a joint communique with Cambodia earlier this week allowing the Phnom Penh government to apply for registration of Preah Vihear temple as a World Heritage site.

In responding to a query posted by Senator Priyanandana Rangsit why the Thai government supported its neighbour Cambodia on applying for the listing of the temple as the World Heritage site, Mr. Noppadon said it was unnecessary for him to explain to Parliament members earlier because the joint communique was "not an agreement" and it did not affect any changes of territory of the two countries.

The Thai-Cambodian joint communique was signed behind closed doors here on Wednesday, leading to public suspicion that Thailand could have lost the undemarcated 4.6 square kilometres surrounding the Hindu temple to Cambodia.

Citing time constraints because the Phnom Penh government is planning to apply for the listing of Preah Vihear temple next month, Mr. Noppadon said what he did was transparent and there was no conflict of interest.

In another development, the Senate decided not to hold a special meeting Monday after the government had informed that it was not possible to attend the general debate petition lodged by 61 senators charging the less than five-months-old administration with poor performance.

The government has said it would not be available for the general debate because it would be busy preparing the government budget for fiscal 2009, starting this October 1. The budget debate starts next Wednesday.

The cabinet Tuesday approved closing the current House extraordinary session on June 28.