Situations in the disputed border areas on 30th November, 2008

Thai soldiers set up camps near the Wat Keo Sekha Kirisvarak pagoda on the 4th of October, 2008,

By Sav Yuth
30th March, 2008
Radio Free Asia
Translated from Khmer by Khmerization

A Cambodian military officer said that Thai commanders wanted to redeploy their soldiers inside Wat Keo Sekha Kirisvarak pagoda after those troops were withdrawn from the pagoda a long time ago. Recently they attempted to reinforce the troop numbers to set up camps in the frontlines.

Cambodian deputy commander of the Intervention Force of Division 12 based at Preah Vihear area, Brig-Gen. Yiv Vanthorn, said that on 29th November, the Thai commander of division 6 of the Suranaree Force, Col. Chayan Huay Songnern, has requested to Cambodian authority to station 10 soldiers, wearing onlycivilian clothes, inside the Wat Keo Sekha Kirisvarak pagoda at night time with the supervision of the Thai delegation.

The same Khmer military officer (Brig-Gen. Yiv Vanthorn) said that the Thai request has been rejected. But on the morning of Saturday, a group of Thai soldiers have crossed the borders by attempting to set up camps in the frontlines but they were forced to leave the areas by Khmer troops.

The same military officer (Gen. Yiv Vanthorn) said: “Yesterday Thai troops came to see us. Their forces that have been redeployed (withdrawn) from the Wat Keo Sekha Kirisvarak pagoda came back wearing civilian clothes and said to us that when their leaders came to monitor the situations there they wanted to stay inside the temple without carrying any weapons. We did not agree with their request. And they reinforced their troop numbers to the frontlines by attempting to set up camps there but we forced them to leave the areas.”

At the disputed border areas in Oddor Meanchey province, from Ta Moan to Ta Krabey temples, one police officer who wants to remain anonymous, said that on Sunday Cambodian border patrol unit saw a group of Thai soldiers have crossed the borders and set up two camps about 3 kilometres from O’Choup Koki district and they used these camps as their bases for patrols.

The police officer said: “Our troops are on around the clock patrols from Rumduol checkpoint all the way to Ta Krabey temple. They set up camps at a place called Chan Krohorp, about 4-5 kilometres east of O’Choup Koki. They built two huts there and sometimes they stayed there, sometimes they went back to their bases. But we are on constant patrols there as well.”

Some circles within the Khmer society and some Khmer politicians want the border disputes resolved as quickly as possible. But on the 28th of November, Foreign Minister Hor Namhong said that the political turmoils in Thailand have affected the border talks for the planting of border pillars between Cambodia and Thailand which was supposed to be held in December.

Please note that since Thailand sent troops to invade the Preah Vihear areas on the 15th of July, 2008 there were many talks between Cambodian and Thai foreign ministers but those talks were always faced with obstacles due to complicated political situations in Thailand.//

The Preah Vihear Failed Talk: Which Country Will Benefit?

Editorial by Khmerization

“The longer the negotiation drags on, the better Thailand would position itself and the more international community would lose momentum and interests in the conflict. If this is to happen, Cambodia would have an uphill battle to win this dispute diplomatically and, to a certain extent, legally. Cambodia must move forward very quickly in its diplomatic drives in order to keep this issue on the ASEAN and UN agenda. To vacillate any action would give Thailand an advantageous edge and that would be a suicide for Cambodia.”

As I have predicted, the Preah Vihear talk in Sakeo on Monday, the 21st of July, had ended where it had begun and failed miserably. The primary reason was the failure of the Thai side to recognise the 1904 and 1907 treaty between the two countries. I am not surprised with the failure as the negotiation had ended the way I had predicted it would end. What I am surprised was that the Cambodian chief negotiator, Gen. Tea Banh, did not insist on the Thai withdrawal from the occupied zone first as a condition for any further negotiation.(Read full details of the talk here).

Cambodia cannot negotiate with Thailand while the guns were pointing at its head. For any meaningful negotiation to take place, the occupied Thai forces have to be withdrawn to the pre-occupation period and that is pre-15th July. The glorious achievement, as both sides have excitedly declared, was the agreement to keep both forces where they are now without engaging in any military actions. This agreement is an insult to the intelligence of the Cambodian people as it will benefit Thailand greatly because they are the occupying forces and therefore, when they are allowed to stay in the area they had militarily occupied, it means that they have achieved their original aims, which were to occupy and remain in that zone.

Cambodia had been tricked to agree to allow Thai forces to remain in the disputed zone. To agree to leave the forces where they are now is tantamount to recognising the de factoThai occupation of the area.

Cambodia cannot be complacent about the Thai tactic. Thailand would want to prolong the negotiation so it can solidify its position in the eyes of the international community. The longer the negotiation drags on, the better Thailand would position itself and the more international community would lose momentum and interests in the conflict. If this is to happen, Cambodia would have an uphill battle to win this dispute diplomatically and, to a certain extent, legally. Cambodia must move forward very quickly in its diplomatic drives in order to keep this issue on the ASEAN and UN agenda. To vacillate any action would give Thailand an advantageous edge and that would be a suicide for Cambodia.

Cambodia had taken the first positive step when Foreign Minister Hor Namhong accepted the offer of mediation from ASEAN, after the talk had failed. Next, if the ASEAN mediation failed, Cambodia must not hesitate in bringing this issue to the UN Security Council. If the UN mediation failed, the next step would be the International Court of Justice in The Hague.

Coming back to the negotiation, I would suggest that Cambodia discontinues its negotiation with Thailand any further because it is a game that Thailand had used to appease Cambodia and world opinion. It is Thailand’s tactic to win international opinion and to prolong its occupation of the “disputed zone”. Cambodia should negotiate with Thailand only after Thailand had withdrawn its troops from the occupied zone. On top of this, any negotiation to settle any border disputes with Thailand must be based on the maps of the 1904 and 1907 treaty between the two countries because it is the only treaty that Cambodia and Thailand had ever concluded. To use any other maps would be against international practices and is tantamount to surrendering Cambodia’s sovereignty and territorial integrity to Thailand. Cambodia must be firm on this.//

The Preah Vihear Conflict: What Is The Solution?

Editorial by Khmerization

“First, Cambodia should invite the foreign diplomatic and international press corps to visit the conflict zone in order to win international opinion to its crusade. Secondly, Cambodia should use the upcoming talks with Thailand to press for a total Thai withdrawal from the conflict zone. Thirdly, if that fails, Cambodia can take this matter to the Association of South East Asian Nations’ (ASEAN) Forum, which both Cambodia and Thailand are members. The ASEAN Charter has a policy of non-interference and non-aggression between member states. Fourthly, if ASEAN fails to mediate a satisfactory outcome, Cambodia can take the next step which is referring this conflict to the UN Security Council to mediate. And fifthly and finally, if all else fail, Cambodia can take Thailand to the International Court of Justice like in 1962.”

Thailand’s invasion and occupation of the so-called “overlapping area” in the Preah Vihear precinct has entered its fifth day and there is no sign of it ending very soon. On the contrary, the situation is worsening by the day and both sides, Cambodia and Thailand, are dangerously reinforcing and building up their troops numbers to boost up their bargaining powers at the upcoming talks on the conflict which will be held in Thailand’s Sakeo province on Monday. I can confidently predict that the Monday meeting will not produce any results. The meeting will be a chance of finger-pointing, accusations and counter-accusations. The Cambodian side will demand a total Thai withdrawal and likewise, the Thai side will demand a total Cambodian troop withdrawal, including the evacuation of villagers who settled in the zone for years, before Thailand will agree to any withdrawal. At the end, the meeting will be an impasse, unless one side makes a concession, which is likely to be the Cambodian side. (Full details on the Thai incursion at Preah Vihear).

The Thai occupation of the Preah Vihear precinct at this time is reminiscent of the 1950s’ Thai occupation of the Preah Vihear temple, which ended with the decision of the International Court of Justice (ICJ) that adjudicated to give the ownership of the temple to Cambodia in 1962. At that time, like now, the pretext for the Thai occupation of the temple was, after reviewing the maps, Thailand assumed that the temple was situated on Thai soil.

Cambodia and Thailand had only one border treaty, which is the 1907 treaty. The documents and maps of the 1907 treaty showed clearly that the Preah Vihear temple and its surrounding areas fall under Cambodia’s sovereignty. On top of this, the International Court of Justice in The Hague adjudged to give the whole Preah Vihear precinct to Cambodia in 1962. So, the ownership of the Preah Vihear temple and its precinct is unquestionably Cambodian.

Now, what is the solution to end the present Thai occupation of the Preah Vihear precinct?

Cambodia, beside military prowess, has all the advantages over Thailand, under international laws and conventions, to prove the ownership of this so-called “overlapping area” under the 1907 treaty and the ICJ‘s decision in 1962. With this in mind, Cambodia must embark on a crusade of international diplomacy for a peaceful resolution to this Thai-made crisis. Cambodia could use the scenario below in which to go about resolving this crisis peacefully.

First, Cambodia should invite the foreign diplomatic and international press corps to visit the conflict zone in order to win international opinion to its crusade. Secondly, Cambodia should use the upcoming talks with Thailand to press for a total Thai withdrawal from the conflict zone. Thirdly, if that fails, Cambodia can take this matter to the Association of South East Asian Nations’ (ASEAN) Forum, which both Cambodia and Thailand are members. The ASEAN Charter has a policy of non-interference and non-aggression between member states. Fourthly, if ASEAN fails to mediate a satisfactory outcome, Cambodia can take the next step which is referring this conflict to the UN Security Council to mediate. And fifthly and finally, if all else fail, Cambodia can take Thailand to the International Court of Justice like in 1962.

My predicted outcome to a peaceful ending of this conflict, that is acceptable to Thailand, would be a two pronged resolution. Thailand, without a doubt, would want to claim total sovereignty over this area and will never accept anything less than half of the 4.6 square kilometres “disputed zone”. So, the first solution for Cambodia is, if it wants a peaceful co-existence with Thailand in the future, it has to agree to a partition of this parcel of the lands. But Cambodia, as a proud and sovereign nation, would be a fool to accept this solution. The second solution would be the judgement of the International Court of Justice, like the 1962 case.

Thailand had never gotten over its wounded pride with the loss of Preah Vihear in 1962. One would not expect Thailand to allow this case to go to that court one more time that can make them lose face and territories further. Many Cambodians believe that, if the 1907 treaty was to be re-examined, Cambodia would see that its territories would have been encroached significantly by Thailand. A re-examination of the 1907 treaty by the International Court of Justice would see Thailand losing more territories.

Finally, I, and I would like to think that many of my Cambodian compatriots, would hope to see a peaceful ending to this conflict, preferably ending with an irreversible and binding decision of the International Court of Justice like the 1962 court case, so that this saga is resolved once and for all.//
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1. Read previous editorial on Preah Vihear: Thailand's Aggression
2. Pictures of new troop movements from both sides: Cambodian-Thai troops.

Thailand’s Aggression Over Preah Vihear And Their Rewriting The History Of Battambang and Siem Reap

Editorial by Khmerization

“By applying to list only the temple body, the Cambodian government has acknowledged the existence of a “disputed zone” and has effectively given Thailand ammunitions in which to fight for the sovereignty of that zone. The Thai incursion into Cambodia’s territories is a sheer violation of Cambodian sovereignty and territorial integrity and it is a blatant aggression and an invasion.”

A while back I wrote in my editorials expressing my fears of Cambodia losing the sovereignty of the 4.6 square kilometres of the so-called “disputed zone” in the Preah Vihear precinct to Thailand. Now, with the Thai sending in the troops to occupy that zone, my fears have been realised. By applying to list only the temple body, the Cambodian government has acknowledged the existence of a “disputed zone” and has effectively given Thailand ammunitions in which to fight for the sovereignty of that zone. The Thai incursion into Cambodia’s territories is a sheer violation of Cambodian sovereignty and territorial integrity and it is a blatant aggression and an invasion. (Full details here).

From a Cambodian perspective, with the Thai refusing to withdraw the troops and with the Cambodian villagers being terrorised to flee this village en masse, the Thai occupation of this so-called “disputed zone” is a fait accompli. For those who were belatedly and proudly claimed that “Cambodia will lose nothing”, the likes of PM Hun Sen, Deputy PM’s Sok An and Hor Namhong and their proponents, they should hang their heads in shame and do the honourable thing by resigning.

Cambodia must not be complacent over the issue of these significant national interests and it must do everything to publicise this Thai invasion of Preah Vihear to the world in a grand scale to expose the Thai flagrant disregards for Cambodia’s sovereignty. Cambodia must bring out all the documents and maps related to the Preah Vihear temple and put them on the negotiating table for the Thai side to see. If need be, should Thailand fails to acknowledge the historical facts, Cambodia should involve outside mediation, based on historical facts. And if necessary, Cambodia should not vacillate in bringing Thailand to the International Court of Justice one more time.

Cambodia must vehemently reject the proposition and the notion of sharing this zone with Thailand. Cambodia must be firm in any future negotiations with Thailand, not just on this so-called “disputed zone”, but on border disputes in other areas as well. Cambodia has all the relevant documents and maps from the 1907 treaty and then again the decision of the International Court of Justice in 1962, to prove that the “zone” belongs to Cambodia.

The Thai ignorance of the historical facts regarding territorial claims between the two countries cannot be allowed to go on unchallenged. A week ago, the Thai protesters have called for a return of Battambang (Phra Tabong in Thai), Siem Reap and Preah Vihear provinces to Thailand, by claiming that they were once Thai territories. (Full details here).

Well, the Thai should know the history of their presence in that part of the region very well. They must know that they only moved from Nan Chao in southern China to settle in this region in the 13th century, while the Cambodians had settled in the region for more than 2000 years ago. And as recently as the late 18th century (1796?), Thailand had invaded and claimed suzerainty over more than 10 Cambodian provinces. Battambang and Siem Reap have been occupied by Thailand, then called Siam, in 1796(?) and were only returned to Cambodia in 1904 under the French pressure and in exchange for a return of the provinces of Trat and Buriram to Thailand. Other Cambodian provinces, like Surin, Kok Khan (now called Sisaket), Nokor Reach (Korat), Srah Keo (Sakeo), Baschem Borei (Prachinburi), Cholaborei (Chonburi), Aranya Protess (Aranyaprathet), Kanchanak Borei (Kanachanburi), Chanthak Borei (Chanthaburi) and Boeng Kork (Bangkok) and even up to the Ayuddya regions were all Cambodian territories, taken over by Thailand one by one up until the late 18th century (1796?).

My point in bringing all of these former Khmer provinces into the discussion here was to highlight the historical facts and to jog the memories of the Thai people that Cambodia hadn’t taken any Thai lands. But on the contrary, Thailand had taken vast territories of Khmer lands. If the Thai protesters wanted to reclaim Battambang and Siem Reap provinces, then these Thai protesters and, for that matter, the Thai leadership as a whole, must realise that Cambodia has every right to reclaim the territories of the more than 10 provinces lost to Thailand that have been mentioned above.

I would like to end this editorial by expressing my condemnation of the Thai incursion into the Preah Vihear region and, for the sake of regional peace and stability, I call on Thailand to withdraw their troops immediately and unconditionally.//

(Viewing the pictures of Cambodian and Thai troops facing off each other in Preah Vihear).