Cambodia Persists in Asean Border Resolution

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
14 October 2009

Cambodia’s foreign minister said Wednesday he would continue push to put Cambodia’s border dispute with Thailand on the Asean agenda, following reports in Thai media that Bangkok officials were misquoted in their desire to abandon bilateral solutions.

Both sides have attempted to resolve the dispute among themselves since July 2008, when troops amassed on the border amid heightening tensions. Little has come of a series of talks between military officials, diplomats and state leaders.

A Thai Foreign Ministry spokesman said this week his minister had been quoted out of context as saying Thailand would seek a “neutral” body to facilitate resolution, a statement that led Cambodia to push for the border dispute to be included on a summit agenda when Asean leaders meet later this month.

However, Foreign Affairs Minister Hor Namhong told reporters Wednesday Cambodia was awaiting an official response from the Thais, not media reports, or Prime Minister Hun Sen would raise the border issue at the Oct. 23-25 Asean summit.

“The border issue is an important problem, and we cannot solve this issue following spokesmen or the press,” Hor Namhong said. “Cambodia has until now not received an official response from the Thai side. If the Thais don’t respond [officially], we will raise up this issue at the Asean summit.”

Panitan Watanayagorn, deputy secretary-general for the Thai prime minister, said from Bangkok the government would be sending an official response soon, and he encouraged more bilateral attempts solve the border issue.

"Thai Public" group reneges the border map Thailand agreed to one century ago

Preah Vihear Controversy: Truths about Joint Parliamentary Meeting on Thai-Cambodian Border and Negotiation Framework

13 October 2009
Source: Thai government Public group

Press Release

The Thai government has approved the framework to negotiate, survey and put up border markers on land at the Thai-Cambodian border and other mechanisms under this framework with a vote of 409:7 since the joint ordinary legislative Parliamentary meeting on October 28, 2008.

The framework clearly stated the master plan and restrictions to the authority of the Joint Border Committee (JBC) as shown in an English document titled “Terms of Reference and Master Plan for the Demarcation of Land Boundary between Thailand and Cambodia.” It was clearly written in the document that the map to be used as a reference is with the ratio of 1:200,000 (hereinafter referred to as “the Maps of 1:200,000.”

The said map was drawn up solely by France and denotes faulty border demarcation which also goes against the memorandum of understanding. Therefore, Thailand should not accept this mistake which may result in the country losing its land. Still, the JBC continued to use this master plan and authority granted by the document to proceed with solving the problem of the Preah Vihear Temple and its surrounding areas without contesting or disagreeing.

On August 28, 2009 Prime Minister Abhisit Vejjajiva had presented three JBC meeting documents and the temporary Thai-Cambodian agreement dated April 6, 2009 in Phnom Penh for Parliament's approval according to Article 190 Section 2 of the Constitution.

The negotiating framework that used the 1:200,000 map is the biggest mistake of the Thai administrative and legislative branches in protecting the country's benefit. Despite the majority vote for the negotiating framework, it fails to reflect a public hearing as advocated by the Constitution so this is an abuse of the power the people grant to their members of Parliament.

Therefore, the public has decided to make this known to the public and point out this mistake to the government and the legislators to fix the damage immediately. The government must cancel the Parliamentary resolution on October 28, 2008 and any actions that uses the French-drawn 1:200,000 map as a reference since 1990, both before and after the negotiating framework was approved. Moreover, the government must cease efforts to present all temporary Thai-Cambodian agreements drafted by the JBC after October 28, 2008 for joint Parliamentary approval. The government must also monitor the work of the Thai Foreign Affairs Ministry and the Thai representatives on the JBC to prevent any transactions that may result in the change of Thailand's border.

Members of the Thai Public

(Press release for press conference on October 8, 2009 at 1 p.m. at 9th floor auditorium of Building 1, Thammasat University's Taprachan Campus)
-M.L. Wanwipa Charoonroj, Expert Researcher of Thai Khadi Research Institute, Thammasat University leads press conference.
-Joined by network to follow up on Preah Vihear situation

Thai FM denies wanting Asean involvement [-Thailand flip-flopping again?]

October 13, 2009
By Supalak Ganjanakhundee
The Nation

Cambodia's Foreign Minister Hor Namhong said yesterday he would seek help from Asean countries to resolve the dispute with Thailand over the Preah Vihear temple during the Asean Summit late this month in Hua Hin/Cha-am.

He said he agreed with his Thai counterpart Kasit Piromya to seek Asean approval for the establishment of a neutral mechanism to solve disputes among member countries.

However the Thai Foreign Ministry's deputy spokesman Thani Thongpakdi has denied Kasit ever proposed an Asean dispute settlement mechanism to solve the conflict over Preah Vihear.

The minister might have been quoted out of context in media reports, he said. The Thai government had reaffirmed its position that the border dispute must be solved bilaterally through the joint boundary commission.

Meanwhile, Thailand's chief of the joint boundary commission has warned political groups in the Kingdom not to politicise the border issue for their benefit, since it could jeopardise the boundary demarcation with Cambodia.

"The border issue is very sensitive. It could be a powerful political tool if used for political purposes," said Vasin Teeravechyan Co-chair of the Thai-Cambodia Joint Commission on Demarcation for Land Boundary (JBC).

"It is dangerous to politicise the issue for personal interests," he told a seminar at the Foreign Ministry yesterday.

The JBC was set up under a memorandum of understanding signed by Thailand and Cambodia in 2000 to demarcate the temple boundary. The disputed area is located near the Hindu temple where both sides claim the overlapping territory of 4.6 squares kilometres.

The issue has been politicised recently by the People's Alliance for Democracy and its New Politics Party to gain support from nationalists to attack the government.

The group alleged the JBC had cut a deal with Cambodia on provisional arrangements for the disputed area adjacent to the temple, and accepted a Cambodian map.

In fact, Vasin said, the JBC merely proposed Parliament's approval on three minutes from the JBC meetings, and a note on what the JBC had talked about that was neither a commitment nor an agreement.

The three minutes are pending Parliament's approval to enable the commission to move on.

Vasin said a map drawn originally by France was one of many documents included in the boundary negotiation. "Whether we like it or not, we cannot rule out the role of the map," he said.

Fresh tensions over temple [-Thailand flip-flopping as usual]

A CMAC deminer rests at Preah Vihear temple on November 7. (Photo by: HENG CHIVOAN)

Thursday, 20 November 2008
Written by Brendan Brady and Sam Rith
The Phnom Penh Post

Following a flag-raising ceremony on November 7, Thailand seems likely to backtrack on previous support for Cambodia's claim to Preah Vihear

CAMBODIA'S flag-raising ceremony at Preah Vihear temple last week may have sparked a new series of diplomatic hostilities with its neighbour, as there is movement in the Thai government to backtrack on its previous support for Cambodia's right to lay claim to the ancient temple, according to Thai media.

The Thai Foreign Affairs Ministry announced Tuesday that it would ask the Cabinet to retract the original three resolutions from May and June giving Cambodia permission to unilaterally seek the listing of Preah Vihear as a Unesco World Heritage site, according to reports in the English-language daily The Nation.

But Koy Kuong, an undersecretary of state at the Ministry of Foreign Affairs, told the Post that Unesco's approval of the listing could not be amended.

He attributed the Thai Foreign Ministry's reported plans to "political infighting", and said they would not substantially damage negotiations over border demarcation.

Phay Siphan, spokesman for the Council of Ministers, said that "Unesco is not involved in this kind of politicking".

"Cambodia's inscription is under international protection" and cannot be reversed, he added.

He said Cambodia's internationally-recognised ownership of the temple was reaffirmed by the November 7 ceremony at which its officials raised the national and Unesco flags on its grounds - a move that prompted Thailand to lodge an official complaint with Cambodia, claiming parts of the ceremony took place on Thai soil.

UNESCO is not involved in this kind of politicking.

The Cambodian Foreign Affairs Ministry said it was preparing a response to be released "as soon as possible".

Thitinan Pongsudhirak, a political analyst at Bangkok's Chulalongkorn University, said the prolonged civil unrest in Bangkok has significantly hindered the Thai government's ability to advance consistent policies - a problem, he said, that will hurt its image as a reliable negotiator.

"The new constitution has been a major roadblock to the Thai government when trying to move forward in negotiations since it has created many new terms and conditions."

Most relevant to the border dispute, it requires that any treaty with a foreign government be approved by parliament, he said, adding that its struggles in adjusting to new rules of conduct would not excuse the Thai government from reneging on previously held agreements.

"When a country walks out of a treaty, its image is going to be hurt," he said.

Khem Sophoan, director general of the Cambodian Mine Action Center (CMAC), said Thai claims that Cambodia had established new land mine fields along the shared border were unfounded.

Cambodia will address the claims during meetings beginning Monday in Geneva with the UN and international organisations involved in de-mining, according to Heng Ratana, deputy director general of CMAC, who will attend the talks.

[Thai] Military urges reversal of Cambodia support

Monday, July 14, 2008
TNA

The Foreign Ministry should inform Cambodia and all concerned countries and organisations that Thailand is revoking the joint communique issued to support Cambodia's bid to register the Preah Vihear temple as a World Heritage Site, Supreme Commander Boonsang Niempradit said.

Speaking after a seminar with with academics and others with an interest in the temple dispute, Gen Boonsang said measures taken to cope with the disputed areas surrounding the temple are the responsibility of the Foreign Ministry.

The army is responsible for taking care of the country's sovereignty only, he said.

He said any actions on the matter must be taken transparently and with public acknowledgement.

Because of this, the ministry should prepare easy-to-understand documents to clarify all issues the public had doubted.

Pisanu Suvanajata, the deputy director-general of the Foreign Ministry's Department of East Asian Affairs, suggested the government should join the seven-nation International Coordinating Committee (ICC) to manage the Preah Vihear temple to help protect the country's sovereignty.

Thai involvement would benefit the country as it would be able to air its opinions concerning the national sovereignty, he said.

Feb 1 is the deadline for the submission of documents to join the committee to be set up under the World Heritage Committee's resolution.

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.

Noppadon faces uphill task over Preah Vihear

Minister flies to Canada to try to delay the listing of old temple

Sunday July 06, 2008
By Manop Thip-osod & Sanoh Worarak
Bangkok Post

Foreign Minister Noppadon Pattama yesterday admitted he faced an uphill task in trying to delay Cambodia's bid to get the Preah Vihear temple listed as a new World Heritage site. The minister yesterday left for Quebec, where the World Heritage Committee is holding a meeting with the listing of the temple on the agenda.

Mr Noppadon said before his departure that the Cambodian government had already lobbied many of the 21 committee members, seeking their backing to get the ancient temple listed.

But he promised to do everything he could to oppose and delay the listing by explaining to the committee about the Administrative Court's injunction against the June 17 cabinet approval of the joint communique he signed with Cambodian Deputy Prime Minister Sok An one day later.

The two put their initials on the joint communique in a meeting with the United Nations Educational, Scientific and Cultural Organisation (Unesco) on May 22.

But it took effect only after cabinet approval and an official signing.

The communique gives Thai support to the Cambodian bid for the listing after the government approved the Cambodian map of the temple boundary, which leaves the disputed area between the two countries untouched.

Mr Noppadon told the court on Thursday that the government only followed the previous administration of former prime minister Surayud Chulanont, which he claimed had already supported the Cambodian bid.

He referred to the committee meeting in Christchurch last year.

But Nitya Pibulsonggram, the foreign minister in Gen Surayud's government, argued yesterday that at the time Thailand made it clear that it opposed a unilateral effort by Cambodia on the issue.

Pongpol Adireksarn, chairman of the Thai World Heritage Committee, confirmed the committee members were well aware of the Thai court ruling.

Speaking on the sidelines of the meeting in Quebec, he said many members were concerned about the impact of the issue on Thai-Cambodian relations.

The issue is expected to be discussed by the committee late tonight Thailand time.

But with problems on the Thai side, Mr Pongpol said he was hoping the panel would make Preah Vihear the last issue to be thoroughly studied and discussed.

To ensure a better understanding, he had talked with delegates from many countries, including South Korea, Morocco and the United States, who were invited by Cambodia to tour the temple, he said.

Democrat party leader Abhisit Vejjajiva said the court's ruling might be too late as Mr Noppadon had gone so far in binding the country with the joint communique to show Thailand's ''active support'' on the issue.

In Si Sa Ket's Kantharalak district opposite the temple, about 250 protesters yesterday gathered at the stairway leading to the ancient ruins to demand the quick eviction of Cambodian souvenir sellers.

They also called for the government to put the temple issue on the national agenda, hold a public hearing on listing the temple as a World Heritage site and for the two countries to work on boundary delineation.

They vowed to hold a big rally should the government make no progress in 30 days.

Concern in Quebec over temple row[: Thai claim]

Saturday July 05, 2008
TNA (Thailand)

All 21 World Heritage Committee members are concerned over the Preah Vihear temple situation after learning that Thailand's Administrative Court issued an injunction against the cabinet resolution a week ago, calling into question the government's endorsement of a joint communique signed by the Thailand and Cambodian governments, according to Pongpol Adireksarn, chairman of Thailand's World Heritage Committee, on Saturday.

The Cambodian government is proposing the ancient Hindu temple to be accorded World Heritage site status during the current UNESCO meeting, held in Quebec City, Canada.

Mr. Pongpol said the 21 committee members had received documents from the Thai foreign ministry signed by Minister Noppadon Pattama, informing them of the injunction granted by the Administrative Court, an action which forbids the use of the joint communiqué signed by the minister and Cambodian Deputy Prime Minister Sok An on June 18.

Several committee members had expressed concern and tried to find a solution which would not affect the otherwise warm relations between Thailand and Cambodia, said Mr. Pongpol.

"An informal meeting between senior officials of Asia and the Pacific countries will be held and they're expected to discuss about Preah Vihear temple too," said Mr. Pongpol, adding that the World Heritage Committee may consider the temple issue as the last agenda on the proposed sites on the list.

The UNESCO World Heritage Committee meeting will also consider, according to Mr. Pongpol, over 30 historical and ecological sites around the world that are currently at risk.

None of the at risk sites are in Thailand, he said, specifically naming the kingdom's best-known site, a historical park in Bangkok's neighboring province of Ayutthaya, a exemplary model of how a historical site can benefits surrounding areas.

Noppadon flies to Quebec to trample on Cambodia's rights

Noppadon flies to Quebec on Preah Vihear mission

(BangkokPost.com) – Foreign Minister Noppadon Pattama left Bangkok for Quebec on Saturday morning to inform Unesco that Thailand withdrew support for Cambodia’s proposal to list Preah Vihear temple as a World Heritage site.

Before departing for Canada, Mr Noppadon vowed to work for the benefit of the Thai people. He, however, said he is not sure whether he could convince the Unesco committee to postpone the consideration of the listing of the ancient temple.

He claimed that Cambodia has already lobbied some members of the committee, and blamed the previous government for pushing to support Cambodia’s registration of the temple.

Academics, opposition party and a group of senators believe that the joint communiqué he signed without parliament’s endorsement violated the constitution.

All eyes turn to Quebec meeting

Saturday July 05, 2008
Bangkok Post

All eyes in Thailand and Cambodia are on the meeting of the World Heritage Committee in Quebec tomorrow, when the Preah Vihear issue is on the table for 21 committee members to decide.

The temple is among 13 natural and 34 cultural sites proposed by 41 countries to go on the World Heritage List.

One issue which needs close scrutiny is which map Cambodia has proposed to the committee, after the Administrative Court in Bangkok last Saturday issued a temporary injunction against the cabinet resolution to endorse the joint communique signed by Foreign Minister Noppadon Pattama and Cambodian Deputy Prime Minister Sok An.

A map redrawn by Phnom Penh is attached to the joint communique. The map was agreed by the Thai side as the temple boundary which it proposes be listed does not touch on the 4.6-square kilometre overlapping area claimed by both countries.

If Cambodia has changed its mind and brings the old map to propose to the committee, the Thai government must protest, because it also includes the disputed area.

Regardless of what happens in Quebec, the issue will not end there.

If the Cambodian government is successful in getting the temple listed, people upset about the Thai government's handling of this issue, may step up their complaints. The People's Alliance for Democracy may raise protests to another level to quickly oust Prime Minister Samak Sundaravej and his government.

Some academics and politicians in the Senate, parliament and even the government coalition parties oppose Cambodia's application to list the temple.

In contrast, if the committee decides to defer consideration for another year due to the lack of Thailand's active support and the many opposing petitions received from the Thai side, it will be interesting to see how Cambodian people will react to the deferral and what would happen in Phnom Penh.

The committee could cite Article 11 which says the inclusion of a property in the World Heritage List requires the consent of the states concerned as a reason not to accept the Cambodian proposal.

The temple is in the Cambodian province of Preah Vihear but access is on the Thai side in Kantharalak district of Si Sa Ket. Some ancient ruins relating to the temple are also on Thai soil and in the area disputed by Thailand and Cambodia.

The Cambodian government will lose face as Prime Minister Hun Sen is using the inscription of the temple as a campaign for election on July 27. Cambodians might get angry.

As it is unknown who will win this battle, Thai diplomats, businessmen and people living in Cambodia must stay vigilant. Thailand learned a lesson in 2003 when its embassy and business properties were burned down in riots launched by Cambodians, in a protest against remarks by a Thai actress Suwanan Kongying.

Cambodian cabinet members say the government does not want to see a repeat of what happened in 2003.

Noppadon: Last govt to blame

Says backing Cambodia over temple not his idea

Saturday July 05, 2008
KING-OUA LAOHONG, ACHARA ASHAYAGACHAT & WASSANA NANUAM
Bangkok Post

Foreign Minister Noppadon Pattama yesterday told the Constitution Court it was the previous Surayud Chulanont administration that had pushed to support Cambodia's registration of the Preah Vihear temple as a World Heritage Site, not himself.

Mr Noppadon said the previous government made the commitment on behalf of Thailand during the 31st meeting of the World Heritage Committee in Christchurch, New Zealand, between June 23 and July 2 last year.

The military-installed government promised to support Cambodia's bid to list Preah Vihear as a World Heritage Site at the meeting of the World Heritage Committee, Mr Noppadon told the media after the court hearing.

The court yesterday called Mr Noppadon to testify on the issue after separate petitions by a group of senators and the opposition Democrat party, asking whether the joint communique Mr Noppadon signed to support Cambodia getting the temple listed as a World Heritage Site without parliament's endorsement violated the constitution.

Mr Noppadon said he was concerned that even though he would nullify the joint communique he signed, the nullification may not have any effect on the listing process as the Surayud government had supported the listing since last year.

''Although I can withdraw the joint communique, the fact is that Thailand had given support to Cambodia [for the temple listing] since 2007,'' the foreign minister said.

Mr Noppadon is to ask the 21-nation World Heritage Committee to defer considering the listing of Preah Vihear temple. The committee is expected to start its consideration of the temple issue on Sunday during a Unesco meeting in Quebec, Canada.

Mr Noppadon claimed the joint communique he signed with Cambodia has no effect on Thai territory, and the communique is not legally binding on Thailand, unlike international treaties which require parliament's endorsement.

The document only set out a framework for negotiation between the two countries. The Foreign Ministry and Cambodia did not want it to be an agreement, so the constitution has not been violated, said Mr Noppadon.

The Constitution Court starts its official hearing on the case on Monday.

Meanwhile, a 61-page White Paper prepared by the Foreign Ministry in an attempt to clarify the ministry's role shows some differences with Mr Noppadon's statements.

The paper says Thailand lobbied the World Heritage Committee in 2007 in Christchurch, New Zealand, informing the committee that Thailand did not oppose Cambodia's proposal to list Preah Vihear as a World Heritage Site.

''Thailand was only concerned that if Thailand and Cambodia have not agreed in principle on how to systematically manage the overlapping zones around the area, the preservation and conservation of Preah Vihear in practical terms could not be embarked without obstacles or could not be implemented at all despite being listed as a World Heritage Site,'' page 10 of the paper says.

The White Paper was abruptly withdrawn from the foreign ministry's website only one day after it has been posted there.

The president of the Lawyers Council of Thailand, Det-udom Krairit, yesterday issued a statement saying his council viewed the joint communique signed by Mr Noppadon as a kind of international agreement under Article 190 of the constitution.

He threatened that the council would take legal action against all relevant authorities if they cause any damage to Thai sovereignty.

Thailand seeks to delay Preah Vihear listing decision - Thailand should be ashamed of its flip-flopping

Delay sought on temple decision

July 5, 2008
By Supalak G Khundee
The Nation

Thailand will ask the World Heritage Committee to postpone consideration of Cambodia's application to list Preah Vihear Temple, Foreign Minister Noppadon Pattama said yesterday.

The government will also propose applying for a World Heritage listing for the site jointly with Cambodia, he said.

"At the Quebec meeting, I will tell the World Heritage Committee that our previous support for [Cambodia's] application has already been withdrawn," Noppadon told reporters.

However, the minister said he was not confident that the latest Thai position would delay a decision by the committee, since the previous military-installed government under Surayud Chulanont had already committed to support an application by Cambodia.

He quoted the decision by the World Heritage Committee after a meeting in Christchurch, New Zealand, last year that "Cambodia and Thailand agreed that Cambodia will propose the site for formal inscription on the World Heritage list at the 32nd session of the World Heritage Committee in 2008 [in Quebec] with the 'active support' of Thailand".

"I am afraid Cambodia could take the previous decision to back up its application, but I assure that I will do my best to protect our national interest," he said.

The foreign minister will lead a Thai delegation to the meeting of the World Heritage Committee next week. His support for Cambodia's application became a political burden for the government following accusations by senators, MPs and street protesters that he was undermining the country's sovereignty.

An Administrative Court interim injunction forced the government to withdraw the support and the Constitution Court is now considering whether the joint communiqu้ Noppadon signed with Cambodian Deputy Prime Minister Sok An is unconstitutional.

Noppadon testified in the Constitution Court yesterday that the communiqué was not a binding agreement to cause any change in the country's sovereignty, so it was not required to pass a reading in Parliament under Article 190 of the Constitution.

The Foreign Ministry and other agencies that handled the issue and dealt with Cambodia have done their best to protect the national interest and no one could accuse them of betraying the nation, Noppadon said.

"It's fine if you don't like me, but don't accuse me of betrayal because I also love my country and protect my country," 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.

Unesco: Heritage panel can decide if it'll listen [to Thailand's flip-flopping on Preah Vihear]

Govt can lodge temple protest

Thursday July 03, 2008
THANIDA TANSUBHAPOL
Bangkok Post

The Administrative Court's injunction against Thailand's support of the listing of Preah Vihear might not overrule the joint communique signed by Thailand and Cambodia on May 22 in Paris, according to the United Nations Educational, Scientific and Cultural Organisation (Unesco).

In a reply letter to appointed senator M.R. Priyanandana Rangsit, Sheldon Shaeffer, director of the Unesco office in Bangkok, said Thailand may try to protest against the listing in its capacity as an observer before the 21-member World Heritage Committee.

In the joint communique, Thailand gave support for Cambodia's proposed listing of the ancient Khmer temple ruins. The court's injunction last Saturday put on hold the government's moves concerning the temple.

The government said the joint communique was signed on June 18 between Foreign Minister Noppadon Pattama and Cambodian Deputy Prime Minister Sok An in Bangkok one day after receiving cabinet endorsement.

It contradicted information held by the UN agency, which said it was signed on May 22.

Mr Noppadon was in Paris to hold talks with Mr Sok An and Unesco to find a way out for the issue on that day.

The committee is meeting in Quebec, Canada, until July 10 to approve new sites, and the Preah Vihear temple is on the agenda.

However, Mr Shaeffer said whether Thailand can address the committee depends on its chairwoman Christine Cameron.

''Should Thailand consider that the information concerning the proposed inscription of Preah Vihear on the list lacks important elements that need to be brought to the attention of the committee, it may address the meeting in its capacity as observer, based on the consent of the chairperson of the committee as per the rules of procedure,'' said Mr Shaeffer in the letter.

It is unclear whether the government's change in stance on the listing will affect Cambodia's proposal to list the temple.

''This joint communique has been brought to the attention of the World Heritage Committee for consideration as part of the nomination file. The World Heritage Committee will have to take the final decision on this matter,'' Mr Shaeffer said.

However, Unesco has forwarded M.R. Priyanandana's petition which requested deferral of the inscription of Preah Vihear to the committee.

On June 24, M.R. Priyanandana and her fellow senators sent a petition to Unesco, asking that consideration of the listing of Preah Vihear temple as a World Heritage site be deferred on the grounds that the ancient ruins should not be proposed for listing by Cambodia alone, as it borders both Thailand and Cambodia.

The senators urged Unesco to examine all the information coming out of Cambodia.

In his letter, Mr Shaeffer said Unesco has no responsibility over World Heritage list nominations.

Mr Noppadon will lead a Thai delegation to Quebec to oppose the proposed listing of Preah Vihear during the committee meeting.

The Foreign Ministry's advance team went to Quebec last Tuesday. Mr Noppadon, who is expected to be in Canada from Saturday until next Tuesday , yesterday reaffirmed the ministry's stance to comply with the Administrative Court's temporary injunction against the joint communique with Cambodia.

He said that the letter on the court injunction has been sent to Unesco, the 21-member committee, and Cambodian ambassador to Thailand Ung Sean who came to the ministry to receive the letter himself. ''Thailand will show its position to the World Heritage Committee that we cannot support the content of joint communique,'' he said.

The government on Tuesday asked its legal arm, the Council of State, about what to do in the wake of the Administrative Court's ruling. Meechai Ruchupan, an executive of the Council of State, said the council recommended the government appeal against the order with the Supreme Administrative Court if it disagreed.

Thai Govt suspends UNESCO temple deal with Cambodia

Tuesday, July 01, 2008
ABC Radio Australia

Thailand's Government will not appeal a ruling that suspended its endorsement of Cambodia's bid to see a disputed Hindu temple granted World Heritage status, the foreign minister said.

Despite a long-standing territorial dispute over the 11th century Preah Vihear temple site, the Thai Cabinet voted two weeks ago to support its neighbour's application at a UNESCO meeting in Canada this week.

But anti-government protesters succeeded in obtaining an injunction last weekend from the Central Administrative Court to annul the joint communique.

"We have resolved to comply with the court's decision. We will suspend the joint communique and keep Cambodia informed," Thai Foreign Minister Noppadon Pattama told reporters after a weekly Cabinet meeting.

"Our prime minister has already told Cambodian Prime Minister Hun Sen that we will send them an official letter," Mr Noppadon said.

The Government will seek further legal advice, Somchai Wongsawat, Deputy Prime Minister said.

"We will wait for advice from the Council of State, which I expect to seek in next week's meeting," Mr Somchai said.

Last week Cambodia closed the temple after more than 100 Thais marched to the compound to protest the deal.

Cambodia had planned to present the joint communique as part of its application to the UNESCO World Heritage Committee to have the site listed to attract more tourists.

Cambodia last year attempted to have the ancient Hindu temple, perched on a mountaintop on the Thai-Cambodia border, listed by UNESCO. But that effort failed, amid rumours Thailand had blocked the deal.

Cambodia began seeking World Heritage status for the temple, which has long plagued relations between the two countries, nearly six years ago.

Both countries have historically laid claim to the site, which sits on Cambodian soil but can only be easily accessed from Thailand.

Bid to delay Unesco decision

June 30, 2008
The Nation

Thai World Heritage panel chief expects positive response to plea

Thailand will ask Unesco to delay a decision on Cambodia's proposal to list Preah Vihear temple as a World Heritage Site, said Pongpol Adireksarn, head of Thailand's World Heritage Committee.

His statement followed the Central Administrative Court injunction on Saturday against the Thai government supporting Cambodia's bid.

The court said the position taken by the government "might undermine Thailand's future standing on the territorial dispute". The government communique gave Cambodia's bid "active support", the ruling said.

The Unesco World Heritage Committee is meeting from Wednesday till July 10 in Quebec, Canada.

Pongpol cited Unesco's Article 11, Item 3, which states that listing of World Heritage sites that straddle two countries' territories cannot be done without endorsement from both sides.

He expected the committee would respond positively to the appeal.

Pongpol said the proposal to Unesco to list Preah Vihear should be submitted jointly by both countries, which is similar to the position Thailand took on the issue last year. He said he would seek Cambodia's cooperation at the Quebec meeting.

"This temple should unite instead of divide us. This is why we are suggesting a joint application," Pongpol said.

Pongpol said the temple should be a major tourist attraction for both countries. "If there is conflict, no tourists will come to visit because they fear danger," he added. "We can both take care of the temples and of the tourists."

Separately, Foreign Ministry permanent secretary Veerasak Futrakul dismissed growing fears that the court injunction would send Thai-Cambodian ties into a tailspin.

Speaking to reporters after meeting Cambodian Ambassador to Thailand Ung Sean, he said bilateral ties had not been affected by the court's order and Phnom Penh considered the ruling, as well the raising of the issue during last week's no-confidence debate in Parliament, as Thailand's domestic matter.

Embattled Foreign Minister Noppadon Pattama remained tight-lipped over the ministry's next move, saying more time was needed to assess the situation in light of the injunction.

The director-general of the ministry's Legal Affairs Department, Krit Kraijitti, did not rule out appealing the injection.

Suwat Apaipak, a member of the legal team that succeeded in getting the court to overturn a June 17 Cabinet decision, urged Noppadon to inform Cambodia and the UN cultural body that Thailand could no longer support the listing bid.

The injunction has proved to be a major political embarrassment for the government. A clearer response should be revealed on Tuesday following the weekly Cabinet meeting, where the issue is expected to be high on the agenda.

Despite the government's insistence that the joint communique calling for the listing of Preah Vihear had no bearing on territorial claims by the two countries, Pongpol said the next move would have to come from the Cabinet.

His predecessor on the committee, Adul Wichiancharoen, said the earlier call for Thailand and Cambodia to jointly apply for the Unesco status was a way to depoliticise the thorny issues of territorial dispute and sovereignty.

Pipob Thongchai, a member of the anti-government People's Alliance for Democracy, said Noppadon should show responsibility by resigning from his Cabinet post.

Temple row may cause rift between countries; Cambodia issues Preah Vihear warning

Are you still here?
Opposition leader Abhisit Vejjajiva, right, greets Prime Minister Samak Sundaravej at the Parliament House canteen yesterday after the censure debate drew to a close. All seven cabinet members and Mr Samak survived the motion. — Pattanapong Hirunard

Saturday June 28, 2008
Agencies and Bangkok Post

Flaring nationalist sentiment in Thailand over the Preah Vihear temple issue threatens to harm ties between the neighbours, Cambodian Foreign Minister Hor Namhong warned yesterday.

Prime Minister Samak Sundaravej said the government is ready to reverse its decision to accept a revised border map if Thai people disagree.

The two countries have reached a deal, setting the map around the Preah Vihear temple, so Cambodia can apply to Unesco for a World Heritage listing.

But Foreign Minister Noppadon Pattama has come under fire for agreeing to the deal, which became a key issue in the censure debate that ended on Thursday with the seven targetted ministers and Mr Samak winning votes of confidence.

''Politicians in Thailand should not exploit the Preah Vihear temple issue in their domestic struggles,'' Hor Namhong told reporters in Phnom Penh.

''This could damage the cooperation and friendship that exists between the two countries.''

Cambodia this week closed the temple after about 100 Thais, mostly from Si Sa Ket province, marched to the site to protest against the deal, which they say resulted in Thailand losing territory.

But Hor Namhong insisted: ''The drawing of the Preah Vihear map for listing as a World Heritage site does not affect the border at all. Thailand will not lose even one centimetre of land.''

Both countries have historically laid claim to the site, which sits on Cambodian soil but can only be easily accessed from Thailand.

He also denied an accusation by the anti-Thai government People's Alliance for Democracy (PAD) that Thailand's backing of Cambodia's World Heritage bid is in return for business concessions for ousted prime minister Thaksin Shinawatra.

''This has nothing to do with that. These people used it as a pretext for their own political exploitation,'' the Cambodian foreign minister said.

Mr Samak appeared to have softened his stance on the issue following the censure debate.

He said the contents of the joint communique between Thailand and Cambodia could be reviewed if the Thai public disagreed with it.

In a bid to ease pressure over the temple issue, the Thai Foreign Ministry will issue a 61-page white paper, available at www.mfa.go.th, to clarify Thailand's role.

Krit Kraichitti, director-general of the Treaties and Legal Affairs Department, Anuson Chinvanno, director-general of the East Asia Affairs Department, and ministry spokesman Tharit Charungvat yesterday held a press briefing.

They insisted the signing of the joint communique did not obligate Thailand and did not violate the constitution.

The Foreign Ministry also promised to do its best to protect the country's sovereignty and bilateral relations.

According to Mr Tharit, security was being stepped up at the Thai embassy in Phnom Penh, but the situation there otherwise remained normal.

A researcher yesterday submitted a petition to the Prime Minister's Office to oppose Cambodia's application.

The petition, signed by 33,000 people, was lodged by historian M.L. Walwipa Charoonroj, of Thammasat University's Thai Studies Institute.

M.L. Walwipa said the signatories objected to Phnom Penh's bid to list the ruins and rejected any obligations Thailand had made with Cambodia.

She said the objection was raised because border disputes between the two countries were not yet settled.

The petition was accepted by Jul layuth Hiranyawasit, permanent secretary of the PM's Office.

The Administrative Court yesterday finished examining the PAD's petition seeking suspension of the joint communique.

The court is expected to decide whether to accept the petition for a hearing on Monday.

The PAD has asked the court to nullify the cabinet resolution on June 17 to endorse Cambodia's map of the temple, which was feared to be used by Phnom Penh to contest Thailand's sovereignty over the contentious overlapping areas.

In Si Sa Ket, former charter drafter Sawet Tinkul yesterday filed a complaint with police against some 500 Cambodian villagers for alleged illegal entry and encroachment.

The Cambodian villagers were accused of building houses, shops and other structures in Phra Viharn (Preah Vihear) National Park's compound.

Police investigators accepted the complaint for review while noting the matter was sensitive and would be handled carefully.

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.

More Thai flip-flopping on Preah Vihear: Thai Senate Committee will ask for delay of listing Preah Vihear

PREAH VIHEAR: Unesco will be asked to delay listing of old temple

Friday June 20, 2008
Bangkok POST REPORTERS

The Senate Committee on Foreign Affairs will petition Unesco's World Heritage Committee to postpone the registration of Preah Vihear temple as a World Heritage site. Committee chairman Pikulkaew Kririksh said the panel believed the Foreign Ministry has breached the constitution, which requires the House's approval for any agreement which affects the country's territory.

The ministry lacked transparency in dealing with the issue, she said.

In the interests of national security and preserving bilateral relations, the committee suggested the registration of all parts of the ancient ruins - the temple complex, ancient structures and the natural surroundings.

In so doing, Thailand should register its part of the temple compound with Unesco. The dual registration would guarantee Thai leverage in negotiating the overlapping maritime area claimed by both sides, she said.

Foreign Minister Noppadon Pattama denied claims that Thailand, by supporting Cambodia's nomination of the temple, had ignored the 1962 verdict of the International Court of Justice, which gave only Preah Vihear temple to Cambodia and not the border area next to it.

Thailand only supported the registration of Preah Vihear temple as a World Heritage site, he said. The kingdom had never accepted the borderline fixed by Cambodia in 1962.

The temple was not a subject in negotiations on the border demarcation between the two countries, Mr Noppadon said.

Thailand had protested to Cambodia about the construction of houses in disputed areas near the temple, he added.

Mr Noppadon said the adjacent area of 4.6 square kilometres was in an overlapping zone where the ownership between Thailand and Cambodia had yet to be determined.

Cambodia has cited the 1904 France-Siam agreement to claim ownership of the area, while Thailand bases its border on the watershed line.

The joint statement agreed between Thailand and Cambodia on the nomination of the temple was not regarded as a bilateral agreement and did not need parliamentary approval, he said.

The Foreign Ministry and its Treaties and Legal Affairs Department could answer all allegations, he said.

The military confirmed that Thailand had not lost any territory in its move to support the nomination of the temple.

The eviction of Cambodian people from the disputed areas will be carried out under a joint management plan in the next two years.

Mr Noppadon said he would open a website, www.thaitruth.info, to reveal the truth and fiction behind the Preah Vihear controversy.

In Si Sa Ket province where the temple partially sits, residents began a ''Dharma walk'' yesterday in a campaign to safeguard the Thai part of the ruins, and to push for the eviction of Cambodian people encroaching on the Thai-owned temple stairways.

The 100km walk will end in a rally on Sunday.