[Thai] Cabinet forestalled [-Cambodia should ask for joint administration of Phimai and Phnom Rong Khmer temples also!]

Sun, June 29, 2008
The Nation

Court tells government to halt all Preah Vihear policy as opposition clamours for Cabinet heads to roll over sensitive sovereignty issue

The Central Administrative Court has slapped a legal freeze on this country's support of Cambodia's listing historic Preah Vihear as a World Heritage site.

"The Cabinet may do nothing following the Thailand-Cambodian joint declaration unless there is a new court ruling," it says in a faxed ruling.

The decision came at about 2am yesterday after the court had deliberated for 13 hours.

Nine People's Alliance for Democracy members had earlier argued Foreign Minister Noppadon Pattama and the Cabinet had acted illegally in sanctioning the Cambodian decision to list the site.

On Tuesday of last week the Cabinet agreed Noppadon could sign a joint declaration with Cambodia to submit Preah Vihear temple as a World Heritage site with Unesco at its next meeting in Canada starting on Wednes-day.

The agreement included no dissent over Cambodia's map of the area.

The court ruling means the ministry will now not hold a meeting of Thailand representatives to the Unesco meeting or publish a white paper explaining its position.

No public discussion

Senior ministry official Tharit Jarungwat says the order means it will now not discuss the matter in public.

"We haven't made any other decisions about Cambodia or the Unesco meeting," he says. It's up to the Cabinet if it will appeal the decision.

The PAD yesterday celebrated its victory at its rally outside Government House. "We are glad about the ruling, even though it's a temporary victory," Phiphob Thongchai says.

"To maintain a good relationship with Cambodia the World Heritage listing should be made jointly with Thai-land," Democrat Sukhum-bhand Paribatra says.

Adul Wicheancharoen, a former chairman of Thai World Heritage Site Committee, says the Cabinet resolution needs to be revoked or it will become Thailand's official position with Unesco.

The ruling prompted some to call for the Cabinet to resign as one, and Abhisit said some ministers at least had to go.

"The foreign minister must resign, and Thailand should propose Phimai-Phanom Rung-Preah Vihear as a World Heritage site as well," says historian Nithi Eaosriwong.

Coalition partner Phua Phaendin leader Suwit Khunkitti says PM Samak Sundaravej remains tight-lipped on both the promised change in stance over the listing saga or a Cabinet reshuffle.

Activists Demand FM's Resignation After Court Order On Temple

BANGKOK, June 28 (Bernama) -- The anti-government activist People's Alliance for Democracy (PAD) on Saturday demanded that Thai Foreign Minister Noppadon Pattama quit his post, only hours after Thailand's Administrative Court issued an injunction calling for a temporary halt in carrying out any further activities related to the cabinet's endorsement of the Cambodian map of Preah Vihear temple.

Quoting Pipop Thongchai, a core leader of the PAD, whose members and supporters have been demonstrating at Government House demanding the ouster of the government of Prime Minister Samak Sundaravej, Thailand News Agency (TNA) said that PAD would like to thank the Administrative Court for imposing the injunction.

"This is a victory of the people," Pipop said, adding that the PAD had no plan to use violent means to pressure the government to resign, but it may set up more demonstrations in the provinces.

The Administrative Court early Saturday voted nine to three to temporarily suspend any Thai government support for the latest Cambodian map, endorsed by the Thai cabinet on June 17, reasoning that the demarcation line between the two neighbouring countries, including around Preah Vihear itself, was not yet complete, even though the map also indicated areas surrounding the ancient temple.

PAD earlier urged the court to nullify the Thai cabinet resolution of June 17 supporting and endorsing Cambodia's map of the ancient temple out of concern that the endorsement would be used by Cambodia to contest Thailand's sovereignty over a still-undelineated 4. 6 square kilometre area around the temple.

Pipop said the foreign minister should show the national spirit and responsibility by resigning from his post after the Court decision in order to "raise politicians' ethical standard as well as to build a positive political culture.

"The decision on Preah Vihear temple could not be done by the foreign minister alone, therefore, the entire cabinet must take responsibility as well, said Pipop.

Abhisit Vejjajiva tries to protect Thailand's benefit from listing the Preah Vihear temple

Thai foreign ministry considers Preah Vihear temple order appeal

BANGKOK, June 28 (TNA) - Senior officials of Thailand's Ministry of Foreign Affairs on Saturday said the ministry may appeal the Administrative Court-issued injunction Saturday morning suspending the Thai cabinet's earlier endorsement of Cambodia's map of Preah Vihear temple as well as the Thai signing of the related communique.

Foreign Ministry Treaties and Legal Affairs Department director-general Krit Kraichitti said the ministry was studying a plan to appeal the decision according to required procedures and that it would be made according to the government's policy.

Mr. Krit denied telling the court that Thailand would lose its territorial rights in the contested 4.6 square kilometre area around the ancient Hindu temple.

He said the joint communiqué did not mention that Thailand would lose any land by allowing the Cambodian government to register the temple as a World Heritage Site at the UNESCO World Heritage Committee annual meeting which begins on July 2 in Quebec, Canada.

Meanwhile, Foreign Ministry spokesman Tharit Charungvat said Thai officials met for an hour later Saturday to discuss what should be done in response to the Administrative Court's order.

He said there was no clear decision at the meeting as to whether the ministry would appeal or not, but it will stop commenting on the issue as Foreign Minister Noppadon Pattama has said he will discuss the matter with cabinet next week.

Meanwhile, Foreign Minister permanent secretary Virasakdi Futrakul said he believed the matter would not harm the close relations between Thailand and Cambodia.

The court's action was made in response to petition by Thailand's democracy activist movement, the People's Alliance for Democracy (PAD), which appears dedicated to bringing down the government of Prime Minister Samak Sundaravej. The PAD urged the court to nullify the Thai cabinet resolution of June 17 supporting and endorsing Cambodia's map of the ancient temple.

The activist group feared that the Thai cabinet endorsement would be used by Cambodia to contest Thailand's sovereignty over a still-contended 4.6 square kilometre area around the ancient Hindu temple.

In another development, opposition Democrat party Abhisit Vejjajiva in a letter to the Speaker of the House Chai Chidchob through first deputy house speaker Somsak Kiatsuranond appealed to the Constitution Court to rule on the legality of the cabinet action designating Mr. Noppadon to sign the Preah Vihear declaration with Cambodia as it paves the way for Cambodia to list the temple as a World Heritage site.

Abhisit said the move was another channel to protect the kingdom's benefit from listing the temple.

Thai court orders suspension of gov't support for Cambodia's world heritage temple bid [-Another Thai ploy to stall Preah vihear listing?]

BANGKOK, June 28 (Xinhua) -- Thailand's Administrative Court issued an injunction Saturday on the government to suspend any move endorsing Cambodia's bid to list the Preah Vihear temple as a World Heritage Site.

The 12 judges voted nine to three to support the injunction, issued on early Saturday morning, days after the anti-government group People's Alliance for Democracy (PAD) petitioned the Court to nullify a cabinet resolution on June 17, which endorsed a new map of the Preah Vihear temple drawn by Cambodia.

The supporting judges cited that the demarcation of overlapping areas between the two neighboring countries has not been completed, yet Cambodia's new map also indicated areas surrounding the temple at the Thai-Cambodian border.

On June 18, Foreign Minister Noppadon Pattama signed a Thai-Cambodian Joint Communique, which stated Thailand's support for Cambodia's application to the United Nations Educational Scientific and Cultural Organization (UNESCO) to list the temple as a World Heritage Site.

Cambodia is scheduled to present the communique and the map as key documents in its proposal to the UNESCO World Heritage Committee in a meeting in Canada next month.

Foreign Ministry's Director General for Treaties and Laws Krit Kraijitti was quoted by The Nation news website as saying that the ministry could appeal to the Supreme Administrative Court.

He added that the injunction has no effect on Cambodia's bid as the World Heritage Committee will have the final say on the matter with or without Thailand's support.

Prime Minister's Office Minister Chusak Sirinil said the cabinet will wait for the Foreign Ministry to consider the court injunction before taking subsequent actions.

The PAD has petitioned the Administrative Court on Tuesday, asking it to nullify the cabinet resolution. The group said endorsing Cambodia's World Heritage bid could compromise Thailand's national sovereignty in future demarcation of disputed border areas between the two countries.

Another group of senators, academic and civil society representatives have also petitioned to the UNESCO to seek postponement of consideration on Cambodia's Preah Vihear bid, arguing that the plan should be proposed by Thailand and Cambodia together because the temple is a transboundary asset.

The controversy over the temple has become a hot issue and a focus of the PAD in their campaign to bring down the government led by Prime Minister Samak Sundaravej. Both Samak and Noppadon were harshly grilled by the opposition Democrat Party in a no-confidence censure debate from Tuesday to Thursday.

Samak and Noppadon have argued that Thailand has long lost the right to claim the temple, as it never disputed a 1962 ruling by the International Court of Justice which said that the temple complex belonged to Cambodia, and that the new map and the communique did not involve any overlapping territory around the temple.

The PAD welcomed the injunction on Saturday. Pipop Thongchai, acore leader of the PAD, which has staged demonstrations since May 25 in central Bangkok demanding Samak to step down, called the court decision a "victory of the people".

He also urged Foreign Minister Noppodon to resign to take responsibility.

Historically, both Thailand and Cambodia have claimed the ancient temple complex, and a 4.6-square kilometer area adjacent to the temple is in an overlapping zone over which Thai and Cambodian governments have yet to settle the demarcation.

The Khmer-styled temple complex, dated back over 10 centuries ago, stands atop a cliff. The only practical access to the temple is from the Thai side in Kantharalak district of the northeastern province Si Sa Ket.

Si Sa Ket residents have staged protests after the government endorsed the map. They also wanted the Cambodian community living in the disputed border area to move out.

The Cambodian government proposed to the UNESCO to put the temple on the World Heritage list last year. The UN agency suggested it would consider the application until after the Thai and Cambodian sides settled the dispute with an agreement.

Administrative Court orders injuction on Thai govt's approval of Preah Vihear Temple

Sat, June 28, 2008
The Nation

The Administrative Court ordered Thai government and the foreign ministry on Saturday to suspend all moves concerning the country's support to Cambodia's bid to list Preah Vihear temple as Unesco Heritage Site.

The order puts injunction on the Thai cabinet's resolution which approved Foreign Minister Noppadon Pattama to sign a joint declaration with Cambodia concerning the temple.

The order then has effect on the joint declaration the minister already signed with Cambodia, which expressed "active support" for Cambodia's proposal to list the temple as the Heritage site.

Cambodia is scheduled to attach the declaration to its proposal to be presented to Unesco World Heritage meeting in Canada early next month.

The decision came after People's Alliance for Democracy asked the court last week.

Thai court orders injunction on resolution endorsing the listing of Preah Vihear as a World Heritage Site

Saturday, June 28, 2008
Court orders injunction to resolution on Preah Vihear

(BangkokPost.com) – The Administrative Court ordered injunction to the cabinet resolution to endorse Cambodia’s map of Preah Vihear temple and a joint communiqué to be presented to Unesco.

The order was made public at 2am on Saturday.

It came after People’s Alliance for Democracy (PAD) asked the court to nullify the cabinet resolution on June 17 to endorse the map, which was feared to be used by Phnom Penh to contest Thailand’s sovereignty over the contentious overlapping areas.