"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

Thailand’s Betrayal of the 1907 Treaty

Opinion by Khmerization

1st November, 2008

“Thailand, as a neighbour of Cambodia, must realise and understand that good neighbourly co-existence is based on mutual understanding and mutual respect. Its refusal to accept and honour the mutually-agreed conventions and treaties with Cambodia will not be reciprocated with due respect from Cambodia, but will only create irreversible mistrusts and suspicions.”

Recent statements by Thailand’s director-general of the Ministry of Foreign Affairs, Mr. Varachai Plasai, are not helping the cause of the search for the solution to the current Khmer-Thai border disputes. Thailand’s stance, by the statements of Mr. Varachai, in rejection of the mutually agreed 1904 convention and the 1907 Khmer-Thai treaty, has dashed any hope of an amicable solution to the already complex Khmer-Thai border issues. On the contrary, his statements will fuel and add more diplomatic and border tensions between the two countries.

His statements: "We acknowledge the existence of the maps which are the results of the demarcation works of commission of delimitation of the boundary set up under the 1904 and 1907 treaties of Siam-France but we don't accept", and “Thailand will reject any attempt made by Cambodia to use the 1904 French map as a basis for border delimitation because according to this map, all the disputed Khmer temples are located inside Cambodia”, are clear indications that Thailand is not keen on settling the border disputes amicably and mutually, but on Thailand’s terms. Thailand has consistently reiterated that it will only agree to negotiate based on maps unilaterally drawn by Thailand. In other words, Thailand will not settle the current border disputes with Cambodia if Cambodia does not allow Thailand to keep the territories it had claimed and occupied to date. So, is peace and border solution possible between Cambodia and Thailand in the future?

Thailand, as a neighbour of Cambodia, must realise and understand that good neighbourly co-existence is based on mutual understanding and mutual respect. Its refusal to accept and honour the mutually-agreed conventions and treaties with Cambodia will not be reciprocated with due respect from Cambodia, but will only create irreversible mistrusts and suspicions.

The Khmer-Thai borderlines have been settled once and for all since 1907. The delimitation of the borders between Cambodia and Thailand have long been recognised under international law as having been once and for all settled by the findings and the works of the Franco-Siam Mixed Commission instituted and ratified by the Convention of 1904 and the Franco-Siam Treaty of March 23, 1907. Furthermore, the Franco-Siam Treaties of 1925 and 1937 as well as the adjudication of June 15, 1962 of the International Court of Justice, in which the Preah Vihear temple was adjudged to belong to Cambodia, reaffirmed the border disposition as prescribed by the works of the Franco-Siam Mixed Commission.

In regard to the current disputes, Thailand has consistently insisted that the surrounding areas in the vicinity of the Preah Vihear temple have never been delimited and that the verdict of the International Court of Justice in 1962 did not cover the issue of those surrounding areas. The notion that the areas in the vicinity of the Preah Vihear temple have not been settled is a misconception. The Cambodian ownership of the temple and the surrounding areas, deemed disputed by Thailand, has been settled once and for all by that court’s verdict. And that verdict has vindicated the Cambodian claims and render justice to the 1907 treaty. The court adjudicated that:

1. "the Temple of Preah Vihear is situated in territory under the sovereignty of Cambodia;"

2. "Thailand is under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory"

3. "Thailand is under an obligation to restore to Cambodia any objects of the kind specified in Cambodia's fifth Submission which may, since the date of the occupation of the Temple by Thailand in 1954, have been removed from the Temple or the Temple area by the Thai authorities.": ICJ Reports 1962, p. 36, 37.

The second judgement of the court was crystal clear that Thailand is under the obligation to withdraw all its forces from the temple or from “its vicinity on Cambodian territory”. As the court’s judgements were based on the maps of the 1904 and 1907 treaties, the issue of the ownership of the temple and “its vicinity” has been resolved, as the maps of the 1904-1907 treaties placed both the temple and “its vicinity” inside Cambodia.


Thailand has long claimed that Franco-Siam treaty of 1904-1907 has always been in favour of Cambodia to the detriment of Thailand’s territorial integrity. The same was said by Cambodia, as evident by king Sisowath’s letter of protest to the French Governor in 1906. King Sisowath demanded the return of all Khmer provinces occupied by Siam by which he said “We insist on the former natural limits of the Khmer Kingdom which, prior to the Siamese invasion, included on Siam’s side the provinces of Battambang, Siem Reap, Stung Treng, Tonle Ropov, M’lou Prey, Kuckhan [currently known as Sisaket], Prey Sar, Soren [Surin], Sankeac [Sangka], Neang Rong, Nokoreach Seima (Korat), beyond the Phnom Dangrek Mountain, Koh Kong, Krat and Chantabor (Chantaboun [Chantaburi]) touching upon Bacnam and the Kingdom of Champassac (Passac). All these provinces are still populated by Cambodians and they preserve their absolute Khmer patriotism.”

Contrary to Mr. Varachai’s comments and in respect to international laws, maps from the 1904, 1907 treaties should be used as a basis for the settlement of border disputes between Thailand and Cambodia because they are the only internationally-recognised treaties as they were agreed, signed and ratified by both countries. Furthermore, they were vindicated and rendered justice by the International Court of Justice in 1962.

Thailand’s insistence on the use of maps unilaterally drawn by Thailand, without Cambodia’s agreement, is against the spirit of good neighbourly respect and contrary to international laws. Those maps have no legal basis under international laws. Under any circumstances, Cambodia should never agree to use maps unilaterally drawn by Thailand as a basis for the negotiations. If the 1904, 1907 maps were not used, and instead the maps unilaterally drawn by Thailand were used, it would be a betrayal of the treaties and a tragedy as it will set a precedent because it will trigger future violations of subsequent treaties.

So, if Thailand is intransigently insisting on using the maps unilaterally drawn by Thailand itself, will there ever be an agreement and peace at all? If that is the case, is there any room for Cambodia to manoeuvre in the negotiations? If Thailand does not conform to international laws by accepting the internationally-recognised treaties of 1904, 1907 treaties, the Khmer-Thai border disputes will become a quagmire and result in future deadly armed conflicts as what has happened on the 15th of October. And that would be a tragedy in the Khmer-Thai relations. No one single country, but both countries, will lose from these insignificant and petty disputes.

Thailand lobbies for UN backing

Says border row must be resolved bilaterally

Thursday July 24, 2008
THANIDA TANSUBHAPOL WASSANA NANUAM
Bangkok Post

Thailand lobbied members of the United Nations Security Council yesterday, seeking support for its position that the row with Cambodia over a disputed border area near Preah Vihear temple should be resolved through bilateral talks.

Deputy Prime Minister Sahas Bunditkul had separate meetings with the foreign ministers of China, Russia, the United States, Indonesia and Vietnam on the sidelines of the meeting of the Association of Southeast Asian Nations (Asean) in Singapore.

All five countries agreed Thailand and Cambodia should solve the conflict through bilateral talks, the Foreign Ministry quoted Mr Sahas as saying.

China, Russia and the US are Asean's dialogue partners and permanent members of the Security Council. Indonesia and Vietnam are non-permanent members. Vietnam chairs the council until the end of the month.

Bangkok-based diplomats from 13 countries sitting on the UN Security Council met with foreign affairs permanent secretary Virasakdi Futrakul at the Foreign Ministry yesterday.

They were told the dispute over the 4.6 square kilometre area at the border, between Si Sa Ket's Kantharalak district and Cambodia's Preah Vihear province, was a bilateral issue, the ministry said.

Only two Security Council members, Costa Rica and Burkina Faso, did not attend the meeting at the ministry. The two countries do not have embassies in Bangkok.

Thailand's meeting with the council members took place only hours before the council, sitting at the UN in New York, was scheduled to decide (early today Thai time) whether to put the border conflict on its agenda at the urging of Cambodia.

Thai ambassador to the UN Don Pramudwinai said from New York that he expected the council to accept the Cambodian request.

He said if the council agrees to consider the case, Thailand and Cambodia could be called to give information before council members on Monday.

The ambassador said Cambodia had tried to force Thailand to accept the 1904 map drawn by France in demarcating the area.

Thailand considers that map puts it at a disadvantage in any talks to settle the boundary with Cambodia near the temple because it does not use the watershed as the border line.

The General Border Committee (GBC), chaired by the two countries' defence ministers, is a key body for resolving border conflicts.

But talks between Supreme Commander Gen Boonsrang Niempradit and Cambodian Defence Minister Tea Banh on Monday in Aranyaprathet district of Sa Kaeo province failed. Another meeting is plannedr next month.

However, Mr Virasakdi told the 13 diplomats at the ministry that at least Thailand and Cambodia had agreed in Sa Kaeo that their soldiers would not use force and remain peacefully in the overlapping area.

Gen Boonsrang strongly opposed Cambodia's move to bring the issue to the UN Security Council. Doing so could make it difficult for the two countries to solve the problem, he said before leaving for Indonesia.

''The best way to solve the problem is for it to be resolved by the two countries. Third parties should not step in until there is a deadlock,'' he said.

Prime Minister Samak Sundaravej was optimistic about prospects for talks with Cambodia on the temple row after the election there set for Sunday.

Mr Samak said all moves made by Cambodia, including the remarks by Cambodian Prime Minister Hun Sen that Thai soldiers were on its territory, were geared towards the poll.

Asean Secretary-General Surin Pitsuwan said in Singapore that the group wanted the two countries to ''find their own solution at the bilateral level'' and avoid any action that could trigger a full-blown confrontation.