PREAH VIHEAR: A KHMER HERITAGE

By Kenneth T. So
THE KHMER EMPIRE

The Khmer Empire was at its apogee during the reign of Jayavarman VII (1181-1215 A.D.). Its territory covered the current Cambodia, all of southern Vietnam, all of the current Laos, all of the current Thailand, and part of the current Malaysia.
Unlike the Khmers, Thais, known then as Siamese, were not natives of the region. The kingdom of Thailand, known then as Siam, did not appear in Southeast Asia until the mid-14th century. A well-known Thai historian, Sulak Sivarak, who was a Nobel Peace Prize nominee and the winner of the Right Livelihood Award said of the Khmer Empire: “It included everything right up to Lopburi and all of what is now Bangkok".
Again, describing the Khmer Empire, Peter Janssan of the Hindustan Times quoted Sulak Sivaraka in his article on 18 June 2008: “Thai invasions of Cambodia, then in its decline, led to the adoption of many Khmer cultural traditions by the Thais, including the Hindu concept of god-kings and court rituals, and an ongoing fondness for Brahman-inspired black magic, especially among Thai politicians”. Peter Janssan went on to describe that there are many more Khmer temples located in Thailand, especially along the northeast Thailand- Cambodian border like Buriram, Surin, and Sisaket.


THE FRENCH PROTECTORATE

Cambodia was a vassal state under Siam during the reign of King Ang Duong. Cambodia had lost Battambang, Sisophon, and Siem Reap to Siam. Siam had placed spies everywhere at the court of Oudong. To get out of the Siam’s manacles, King Norodom who succeeded his father, King Ang Duong, sought out help from France.

On 23 March 1907, under the reign of King Sisowath who succeeded his brother, KingNorodom, France (as the protectorate of Cambodia) and Siam signed a border treaty that completed the 1904 treaty. In the 1904 treaty Siam ceded Tonlé Repou, Mlou Prey, Koh Kong, and Stung Trèng to Cambodia. The 1907 treaty subsequently produced the French-Siamese Commission 1907 Frontier, placing Preah Vihear under the control of Cambodia. The French-Siamese 1907 treaty had Siam ceded almost all Cambodia ancient territory of the 16th century back to Cambodia. The territory included Battambang, Sisophon, Siem Reap, Mongkol Borei, and Tnot.

In spite of this agreement, Thailand contested in 1934 that the Temple of Preah Vihear belonged to her and their surveyors redrew the frontier to locate Preah Vihear in Thailand’s territory. In 1954 Thailand occupied Preah Vihear. On 6 October 1959, Cambodia, under the leadership of Prince Norodom Sihanouk, petitioned the International Court of Justice (ICJ) of the Hague, Netherlands, to rule on the dispute. By the end of the year, Thailand retaliated with a claim listing Preah Vihear as a national archeological site. On June 15, 1962, the ICJ made a judgment recognizing that the Temple of Preah Vihear belonged to Cambodia using the French-Siamese Commission 1907 Frontier Line as one of the supporting arguments. A satellite photo showing Preah Vihear and its surrounding region with demarcations of the frontier established by the French-Siamese Commission 1907 is presented in Figure 6. Figure 7 shows another satellite photo of Preah Vihear and the Dangrek mountain range. Thailand never protested against the verdict. However, over the years Thailand has unilaterally redrawn the map that contradicts the ICJ judgment.

The temple of Preah Vihear was originally built under Yasovarman I, a Khmer king who reigned from 889 to 910 A.D. The building started in light material, but its completion in stone was carried on later by his successors. The temple was dedicated to Shiva (God of destroyer). The setting of Preah Vihear was ideal for a Khmer monarch who dedicated the temple for Shiva because of its spectacular location sitting atop of a high cliff over 500 meters above the lower ground.

THE THAI TWISTED THESIS OF THEIR ORIGIN

There are some Thais in the academic, the press, and the media who fantasize in their justification of Preah Vihear belonging to Thailand by advancing a twisted thesis claiming that Khmer is not the same as Khorm (note: the Thai used to call Khmer as either Khamin or Khorm). They say that Khmer is Khamin, which is different from Khorm. Furthermore, they say that Khorms are the real inhabitants of what is now Thailand and they were the builders of Preah Vihear, Angkor, and all the ancient temples found in Cambodia and Thailand. They are saying that Khmers are not the descendents of the Angkor builders. Therefore, they try to justify by implication that Thai people are the true descendents of the Khorms, the original inhabitants of Thailand and builders of Preah Vihear and Angkor. The Thai people have such a twisted mind. Believing in this twisted thesis is like believing that a bullet firing from a gun can be curved around a corner. The Thais are not only satisfied to steal everything that are precious to Khmers and then claimed them to be their own, such as Preah Ko Preah Keo, Preah Khan Reach, Khmer classical dance and music, Khmer style boxing, and Khmer scripts “Aksor Moul” (the Thai called it sacred scripts instead of Khmer scripts), but now they try to even steal Khmer identity. They want to strip Khmer people bare of any ancestry.

OBSERVATIONS

A few important observations to the central issue of the Preah Vihear temple must be brought up to the attention of the world. The following are two immediate points of interest concerning the affair of the Preah Vihear temples:
1. The press keeps mentioning that Preah Vihear was an ancient Hindu temple instead of a Khmer temple. Preah Vihear is not a Hindu temple but a Khmer temple built under the reign of Yasovarman I, a Khmer king in the 9th century, dedicated to Shiva, one of the Hindu gods. When the press says that Preah Vihear is a Hindu temple, it deemphasizes Khmer ownership and legitimacy to the temple. In modern time, the war of words is very important. This clarification is very important and it must be emphasized at all time.
2. Thailand kept insisting on using her own map to claim the disputed area around Preah Vihear instead of the French-Siamese Commissioned Map of 1907, where the International Court of Justice (ICJ) based its judgment on to award Preah Vihear to Cambodia. The map was the product of the treaty signed by Thailand and French (Cambodia was under the French protectorate) in 1907. It is legal and binding. Thailand wants to use its own map that is not binding and not recognized by the International Court of Justice. Cambodia must not give in to the Thai insistence of using her own map to settle the dispute of Preah Vihear and its surrounding area.

CAMBODIA AND THAILAND JOINT COMMUNIQUE

Originally, Thailand was opposed to Cambodia’s proposal to UNESCO for the inscription of the Temple of Preah Vihear on the World Heritage List. Thailand was objected to the languages and maps in the document that Cambodia submitted to UNESCO showing the contested areas surrounding Preah Vihear as belonging to Cambodia. In order to enlist Thailand’s support, Cambodia agreed to put aside her claim to the disputed areas around the Temple of Preah Vihear. A Joint Communiqué was signed on 18 June 2008 by H.E. Deputy Prime Minister Sok An, representing Cambodia, and by H.E. Minister of Foreign Affairs Noppadon Pattama, representing Thailand. The Representative of the United Nations Educational, Scientific, and Cultural Organization (UNESCO), Assistant Director-General for Culture Françoise Rivière, was the witness. The Joint Communiqué is presented herein.


THE SIGNIFICANCE OF THE JOINT COMMUNIQUE

After the Joint Communiqué was signed, the Thai Constitutional Court voted 8-1 on 8 July 2008 that the Joint Communiqué signed by Foreign Minister Noppadon Pattama to endorse Cambodia’s application to inscribe the Temple of Preah Vihear as World Heritage List was unconstitutional. The ruling stated that "The government must consult and get approval from Parliament before signing treaties with foreign countries." As a result of this ruling, the Thai government withdrew her support for Cambodia in all matters related to the inscription of the Temple of Preah Vihear as a UNESCO World Heritage Site. In spite of Thailand’s objection, the UNESCO approved to inscribe the Temple of Preah Vihear as a World Heritage List at the 32nd session meeting in Quebec, Canada, on 7 July 2008.
It seemed that Cambodia and Thailand had the same philosophy but two completely different objectives. The philosophy from both sides was to divide and conquer. Cambodia was interested in getting UNESCO to list the Temple of Preah Vihear as a World Heritage Site first and deal
with the issue of the territorial dispute around Preah Vihear later. On the other hand, Thailand was mainly interested in Cambodia to exclude the territorial dispute from the application to UNESCO.
The objective from the Cambodian government was to expect that the UNESCO approval to inscribe the Temple of Preah Vihear on the World Heritage List was a tacit way of legitimizing Cambodia’s claim for the disputed areas around Preah Vihear. However, from the Thai government’s point of view, the signature of the Cambodian Deputy Prime Minister on the Joint Communiqué was considered a breakthrough that opened the door for Thailand to reclaim the disputed areas around Preah Vihear that she had lost at the International Court of Justice on 15 June 1962. The first question now ensued. Since the Thai government withdrew her support for
Cambodia’s application to UNESCO for the inscription of the Temple of Preah Vihear on the World Heritage List, would the Joint Communiqué that was signed by the Thai Foreign Minister Noppadon Pattama become null and void? It requires two persons to tango. The second question ensued. Was the Joint Communiqué signed by Deputy Prime Minister Sok An constitutional under Cambodian’s laws? Like Thailand, does the government of Cambodia require consultation and approval from the Parliament before any treaties can be signed with foreign governments? A treaty deals with the national security of the nation. Therefore, it is too important for the government alone to decide it without consultation and approval from the Parliament.
The third question ensued. Even though Cambodia did not recognize the claim by Thailand concerning the disputed areas around the Temple of Preah Vihear, would the Joint Communiqué somewhat give credence to Thailand’s claim? Paragraph 3 in the Joint Communiqué is very disturbing because it says that the map shown in Figure 14 supersedes other maps, specifically the “Schéma Directeur pour le Zonage de Preah Vihear” and all the “core zone” mentioned in all graphics. Does this mean that the Cambodian government rejects the map from the French-Siamese Commission Frontier1907 Line? Paragraph 4 is also disturbing because it conforms to the claim by Thailand concerning the disputed area, which is on the west and north of the Temple of Preah Vihear (Figure 15). The Joint Communiqué cannot be left in its current format and understanding because it is more detrimental to Cambodia but more advantageous to Thailand. Like the Thai, The Cambodian Constitutional Court must declare that the Joint Communiqué was unconstitutional to avoid further challenges from Thailand. Cambodia territorial integrity is more important than the listing of the Temple of Preah Vihear as a World Heritage Site by UNESCO.

CONCLUSION

Cambodia is doing the right thing to seek help from the United Nations (UN). It is not in the interest of Thailand to have the UN intervene in the affair of Preah Vihear, because she knows that Cambodia has more legitimacy and historical claim of Preah Vihear and its surrounding area than Thailand does. The UN will have to consider and abide by the 1962 judgment made by the International Court of Justice (ICJ) and the recent recognition by the United Nations Educational, Scientific, and Cultural Organization (UNESCO) that included Preah Vihear in the World Heritage List. If the UN were to side with Cambodia, then they would probably ask Thailand to withdraw from the disputed area.

Thailand is playing hardball because she knows Cambodia is no match with her militarily. Cambodia has no choice but to ask the UN for help. With the UN help Thailand will not dare to encroach further into Cambodia territory. If war were to erupt, Thailand would be condemned by the world and she will lose face. Additionally, the Muslims are now waiting for the right opportunity to stir troubles again in the southern region of Thailand if this latter decides to go to war with Cambodia. Thailand cannot afford to have war with Cambodia. Thailand may win in the short term but she will lose in the long run. Thailand fears the UN because among the five permanent members, Cambodia can count on France, China, and Russia to side with her. As to the US and the UK positions, nothing can be certain but if these two countries interpret the laws and historical facts properly, they should come to the conclusion that Thailand has no claim and basis over Preah Vihear and its surrounding area that she had ceded to Cambodia during the French-Siamese 1907 treaty.
The UN cannot ignore the ICJ judgment that recognized Preah Vihear belonging to Cambodia, because to do otherwise would bring chaos to the international rule of laws. There is no doubt, both based on the court of laws and historical facts, that the Temple of Preah Vihear is a Khmer heritage and belonging to Cambodia.

Kenneth T. So
July 24, 2008
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1. Please also read another excellent article on the World Court judgement on the Preah Vihear case by Mr. Bora Touch. Please click here: World Court Judgement.
2. By Mr. Julio Jeldres : A Short History Preah Vihear .

Preah Vihear and the Cambodia-Thailand Borderland

Cambodian student walk down the Preah Vihear temple on July 13. Thailand has boosted its military forces on disputed land at the Cambodian border, after two days of simmering tensions over an ancient Hindu temple. (AFP/File/Sreng Meng Srun)

Ronald Bruce St John*
IBRU Boundary and Security Bulletin
January 1994

Cambodia dominated large parts of Thailand from the ninth to the twelfth centuries. Four hundred years is little more than a moment in the life of a region with a recorded history of several millennia. But the remnants of Khmer rule still dot the Cambodia-Thailand borderland, especially in Esarn, as Northeast Thailand is known. In fact, apart from Angkor Wat and its neighbouring temples, the most spectacular remaining Khmer sanctuaries are found in the border region between Cambodia and Thailand (St John, 1993: 4-14).

Preah Vihear, known as Khao Phra Viharn in Thailand, is one of the great achievements of Khmer architecture and certainly one of the most impressive temples in Southeast Asia. It crowns a triangular promontory in the Dangrek Mountains some six hundred meters above sea level on the modern-day border between Cambodia and Thailand. While most Khmer sanctuaries face east, Preah Vihear faces north toward the highlands which form a part of modern Thailand. At the top of the sanctuary, a sheer precipice drops off to the plains of Cambodia which stretch south to the distant horizon (Spinks, 1959: 2-4). The background and location of Preah Vihear make it an integral part of any discussion of the contemporary borderland in this troubled area of the world.

Even though Siamese forces repeatedly invaded Cambodia after the fifteenth century, the present border dispute actually dates from the period of the French protectorate (Giteau, 1957: 126-127 and 148-155). In the Franco-Thai treaties of 1887 and 1893, the government of Siam renounced all territorial claims on the left bank of the Mekong River, including the islands located in the river. Through a later series of treaties concluded in 1902-1907, Siam also ceded to France the border provinces of Battambang, Sisophon and Siem Reap (see map). As for Preah Vihear, the 1904 convention described the frontier in the Dangrek Mountains as the watershed between the basins of the Nam Sen and the Mekong, on the one hand, and the Nam Moun, on the other, and provided for a mixed commission to mark the border (Briggs, 1946: 439-454).

Thailand, as Siam was by then called, took advantage of World War II to regain some of the territory it had earlier lost. The Thai army invaded northwestern Cambodia in 1941, and after fierce fighting, took control of Battambang and Siem Reap provinces with the exception of the French garrisons at Angkor Wat and Siem Reap town. The Thai takeover was legitimised with Japanese backing in a peace treaty signed in Tokyo in March 1941. Through this agreement, France agreed to return to Thailand most of the territory, including Preah Vihear, earlier ceded by the latter in the pacts of 1904 and 1907. In supplementary letters exchanged at the time, representatives of France and Thailand assured the Japanese government that neither would join a combination hostile to Japan. In turn, the Japanese government agreed to guarantee the new frontier (Landon, 1941: 25-42). With the termination of hostilities in 1945, the Tokyo convention was subsequently overturned; and in the 1946 Treaty of Washington, Thailand returned the border provinces it had seized five years earlier.

In 1953, the government of Thailand, under the pretext of strengthening its border defences, established a police post in the Dangrek Mountains just north of Preah Vihear and hoisted the Thai flag over the sanctuary. When protracted negotiations from 1954 to 1958 failed to produce a positive result, the Cambodian government in October 1959 instituted legal proceedings against Thailand before the International Court of Justice (Thailand, 1959: 1-14). In October 1961, the dispute led to a suspension of diplomatic relations and the closing of the Thai-Cambodian border. Preah Vihear remained under Thai occupation until the early 1960's when the International Court of Justice upheld Cambodian sovereignty (Leifer, 1961-62: 364-366).

Click on the map to zoom in
Source: Lee Yong Leng (1982) Southeast Asia: Essays in Political Geography, Singapore University Press.

Before the Court, Cambodian representatives argued that Cambodian sovereignty over Preah Vihear was clear from three separate but related viewpoints. Citing the convention of 1904 and the treaty of 1907, the spokesmen for Cambodia first argued that the applicable international agreements delimiting the frontier between Cambodia and Thailand clearly placed the temple of Preah Vihear in the chain of the Dangrek Mountains belonging to Cambodia. In addition, they emphasised that Cambodia had never abandoned its sovereignty over the territory in question and, on the contrary, had always continued, by virtue of the title established by the treaties, to exercise effectively therein its territorial powers. Finally, they pointed out that Thailand had not performed any acts of sovereignty in the disputed territory which might be considered to displace the sovereignty of Cambodia as established by the cited treaties and thereafter effectively exercised (International Court of Justice, 1962a: 4-15).

Taking a completely different tact, the government of Thailand concentrated its preliminary arguments on the issue of whether or not the International Court of Justice had jurisdiction in the case. Arguing that an earlier Siamese declaration recognising the compulsory jurisdiction of the Permanent Court of International Justice had lapsed with the dissolution of that body in 1946, Thailand concluded that the International Court of Justice was without jurisdiction in the case because Thailand had never accepted the compulsory jurisdiction of the successor to the Permanent Court of International Justice. The Thai representatives argued further that the jurisdiction of the Court in the case, if it existed, could only rest upon the consent of the government of Thailand and such consent could not be derived or inferred from the application of the government of Cambodia. In consequence, the preliminary arguments of the Thai government asked the Court to declare that it had no jurisdiction over the issue of the sovereignty of Preah Vihear which the Cambodian government had brought before the Court (International Court of Justice, 1962a: 133-152).

The Cambodian government responded to the Thai objections in a relatively brief set of observations which added little to its opening arguments. The Thai government, in turn, developed a longer counter-memorial which challenged the core of the Cambodian case. Supported by a variety of annexes, the counter-memorial of Thailand concluded that the boundary between Cambodia and Thailand, as specified in the 1904 convention, was clearly the watershed in the region of Preah Vihear which was the cliff edge fringing the promontory on which the sanctuary stands. Preah Vihear was plainly therefore located on Thai territory. In addition, the representatives of Thailand argued strongly that it was the Thai government which had exercised, without challenge or interruption, complete, unqualified, and exclusive sovereign jurisdiction over the disputed territory. The ensuing replies and rejoinders on the part of both governments added little new insight to the arguments outlined above (International Court of Justice, 1962a:153-436).

In May 1961, the Court rejected the preliminary objections of the government of Thailand and ruled that it had competence in the case. One year later, the Court, by a majority vote of 9 to 3, upheld Cambodian sovereignty over the temple of Preah Vihear. In explaining this decision, the president of the Court observed that the Thai government, as it had earlier accepted the terms of the 1904 convention, could not now deny that it was ever a consenting party to the pact. In other words, the government of Thailand could not claim and enjoy the benefits of the settlement for over fifty years and then assert that it had never been bound by it. In support of its decision, the Court pointed out that the government of Thailand after 1904 had continued to use and even to publish maps showing Preah Vihear as being situated in Cambodia (International Court of Justice, 1962b).

In Thailand, the judgement of the Court provoked violent protests and a virulent press campaign. Students throughout the country, acting with government approval, rejected the verdict of the Court; and in Bangkok, thousands of young people staged a colourful march in which they proclaimed their intent to protect Khao Phra Viharn (Preah Vihear). Students at Thammasart University in Bangkok demanded that the name of Cambodian Prince Sihanouk be removed from the rolls of the University and insisted that an honorary degree conferred on him be withdrawn. Prince Sihanouk later complied with this request returning the degree through the Indonesian embassy. Tempers eventually cooled, and in late June 1962, the prime minister of Thailand announced that his government would honour its obligations under the United Nations Charter. While Thailand surrendered its sovereignty over Preah Vihear some three weeks later, it was noteworthy that the Thai flag and flagpole were removed from the temple in a standing position and later placed in a Thai museum. This refusal to lower the Thai flag was viewed by contemporary observers as an indication that Thailand remained determined to return its standard to Preah Vihear at a later date (Singh, 1962: 23-26).

After Cambodia had won its independence in the early 1950's, disputes over unsettled boundaries, cross-border operations, and shelling across the border had frequently disturbed Thai-Cambodian relations. The years that followed the Court's decision on Preah Vihear showed no sign of peace either in media circles or along the border between the two countries. Charges and counter-charges of border violations, shellings, bombings, and looting were the order of the day. Both states produced white papers to sway public opinion. The borderland problem was also complicated by dissident groups in both countries. Khmer communists operated against the Phnom Penh government from inside Thai territory while Thai communists sought sanctuary in Cambodia. These problems persisted during the Democratic Kampuchean period, 1975-1978. And they only intensified after the Vietnamese invasion of Cambodia in late 1978 concentrated a volatile melange of refugees and resistance forces along the Thai border (Theeravit, 1982: 567-568).

After an extended period of occupation by Khmer Rouge forces, Preah Vihear was finally reopened to tourists from the Thai side of the border in early 1992 (BangkokPost, March 15, 1992). In a unique arrangement for a sanctuary located in Cambodia, tourists wanting to visit the ruins had to apply for entry permits from Thai provincial authorities who were also responsible for providing security as well as the necessary facilities for tourists. In addition, a regular train service was organized from Bangkok for those wanting to visit the sanctuary, and Thai authorities expressed interest in renovating the ruins (Bangkok Post, December 5, 1991). The combination of these acts was reminiscent of the legal case for sovereignty earlier developed by Thailand in its counter-memorial before the Court where it argued that it had been exercising effective jurisdiction up to that time.

Click on the map to zoom in

This impression was only heightened by the occasional publication of contemporary maps in Thailand which clearly show Preah Vihear, marked Khao Phra Viharn on such maps, to be situated on the Thai side of the border. For example, the route map in a recent Bangkok Airways inflight magazine depicted, of the dozens of ancient Khmer temples on the Cambodia - Thailand borderland, only the sanctuary of Khao Phra Viharn. And the map clearly located it on the Thai side of the border (see map above). If the question of the sovereignty of Preah Vihear would again be raised in the future, Thailand would appear to be less vulnerable than in the past to the charge that it had accepted and even published maps showing Preah Vihear as part of Cambodia.

The Cambodia-Thailand borderland remains a contentious area, and the sanctuary at Preah Vihear continues to be central to broader issues. The recent arrangement covering visits to Preah Vihear endured for a little more than a year at which time the Khmer Rouge in July 1993 reoccupied the sanctuary and temporarily halted tourist visits (FBIS-EAS-93-128, 7 July 1993:47 and FBIS-EAS-93-129, 8 July 1993: 34). Given its isolated location, the sanctuary at Preah Vihear will likely remain vulnerable to such acts for some time to come (Phnom Penh Post, September 24 - October 7, 1993).

In the end, Preah Vihear is probably the most successful of all Khmer monuments in creating a sense of religious awe, the real objective of these sanctuaries. The design and location of the shrine combine to create an air of sensuality unequalled in any other Khmer sanctuary. This is particularly true at the beginning of the day when the unrestored ruins of Preah Vihear rise above the early morning mists in all their majesty. It may be for these reasons, as much as any other, that Preah Vihear remains at the heart of the wider borderland issue which divides Cambodia and Thailand.
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References

• Bhirasri, S. (1959) A Visit to Khao Phra Viharn, Bangkok, The Fine Arts Department.
• Briggs, L. P. (1946) "The Treaty of March 23, 1907
• between France and Siam and the Return of Battambang and Angkor to Cambodia", The Far Eastern Quarterly V, 4 (August): 439-454.
• Chhak, S. (1966) Les frontieres du Cambodge, Paris: Librairie Dalloz.
• Giteau, M. (1957) Histoire du Cambodge, Paris: Librairie Marcel Didier.
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*Dr. Ronald Bruce St John is an independent scholar specialising in the political economy and foreign policy of Third World states. He resided in Southeast Asia in 1987-1992 and continues to visit the region on a regular basis.