Cambodia and Thailand must use the 1904-1907 maps

Dear readers,

I just received a letter to the Phnom Penh Post from Mr. Chan Veasna concerning about the use of maps for border settlements between Cambodia and Thailand. I think it is worth reading, so I decided to published it in this blog.

Khmerization
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Letter to the editor
Phnom Penh Post
6th December, 2008
newsroom@phnompenhpost.com

Dear Sir,

Nobert Klein’s letter (Cambodia must use its own maps too, 25 Nov.) has totally missed the points of my previous letter (Thailand must use Cambodian maps, 14 Nov.). While Mr. Klein might be correct in his views, his letter certainly has confused your readers of the points I was trying to make in my letter.

While I was talking about the maps of the 1904-1907 Khmer-Thai Border Treaty, Mr Klein was talking about the maps of the 2008 Joint Communique or the agreement to list the Preah Vihear temple. There is no comparison between these two agreements because one is a border treaty and the other is an agreement to list the temple on the world heritage list.

While Mr. Klein was correct to spell out the details of the 2008 Joint Communique, he is incorrect in drawing its connections to the issue of the border demarcations between Thailand and Cambodia. The distinction between these two agreements must be made:

1) The maps of the 2008 Joint Communique are for the purpose of inscribing the Preah Vihear temple on the world heritage list, not for the purpose of border demarcations as has been the point of my letter.

2) The maps attached to the 2008 Joint Communique will only supersede other maps concerning the zonage/zoning of the Preah Vihear temple boundary, not superseding the maps concerning the demarcations of territorial borders between Thailand and Cambodia.

The 2008 Joint Communique, of which Mr. Klein was talking about, spelled out that the border demarcations will only be carried out pending the results of the Joint Commission for Land Boundary which in turn, according to previous agreements, will use the Memorandum of Understanding signed in 2000 which both Thailand and Cambodia recognised to use the 1904-1907 Treaty as a base for their border resolution.

The 2008 Joint Communique stated that “the inscription of the Preah Vihear temple on the World Heritage List shall be without prejudice to the rights of the Kingdom of Cambodia and the Kingdom of Thailand on the demarcations work of the Joint Commission of Land Boundary of the two countries.”

With the provisions in the 2000 Memorandum of Understanding, signed between Cambodia and Thailand, recognising the 1904-1907 Treaty, there is no doubt that the maps of the 1904-1907 treaty must be used by the Joint Commission of Land Boundary for the border settlements, not the Preah Vihear zoning maps that Mr Klein was talking about.

Yours sincerely,

signed

Chan Veasna
Cabramatta, NSW, Australia

Thailand must use Cambodian maps

Friday, 14 November 2008
Written by Chan Veasna
Letter to the Editor of The Phnom Penh Post

Dear Editor,

Thailand is not keen on settling 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 a border solution possible between Cambodia and Thailand in the future?

Thailand's insistence on the use of maps drawn by itself, 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.

If the 1904, 1907 maps are not used, it would be a betrayal of the treaties and a tragedy, as it will set a precedent that triggers future violations of subsequent [border] treaties.

So, if Thailand is 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, the Khmer-Thai border disputes will become a quagmire and result in future deadly armed conflicts, similar to what already happened on October 15.

That would be a tragedy in Khmer-Thai relations. Not one single country, but both countries, will lose from these insignificant and petty disputes.

Chan Veasna
Cabramatta, NSW, Australia

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.