Cambodia Should Invoke The 1991 Paris Peace Agreements To Ensure The Respect For Its Territorial Integrity

(Photo: Reuters)

Sam Rainsy's letter to The Cambodia Daily, August 20, 2010

CAMBODIA SHOULD INVOKE THE 1991 PARIS PEACE AGREEMENTS TO ENSURE THE RESPECT FOR ITS TERRITORIAL INTEGRITY

Your article “Asean Weighs Mediation Role in Cambodia-Thailand Border Row” (August 19, page 21) underscored the recent effort by the Cambodian government to seek an international mediation in order to reach a peaceful solution to the Preah Vihear conflict with Thailand.

After two years of fruitless bilateral negotiations with Bangkok, this new approach must be welcomed. Earlier this month Phnom Penh suggested that the Secretary-General of the United Nations act as a mediator while also calling on Asean for diplomatic help.

It was reported that “Asean has begun consulting with member nations about whether the regional body should step in and help mediate negotiations between Cambodia and Thailand over their border dispute near Preah Vihear temple.” However, “a statement made [by Bangkok] on Sunday made it clear that Thailand was not willing to engage in multilateral dialogue over the border dispute.”

In order to remind the international community of their obligations to respond to Cambodia’s call, Phnom Penh should evoke and invoke the Paris Peace Agreements signed in 1991, in the presence of the Secretary-General of the United Nations, by eighteen friendly countries including all the world’s major powers and all Asean current members (except Burma).

The Paris Peace Agreements not only recognize the right of Cambodia to call upon the international community when it feels threatened -- let alone aggressed -- by any other country, but they also spell out the obligations of all the signatories to respond to such a call. Moreover, they specified the mechanisms whereby the international community has to effectively, actively and quickly respond.

Here are the most relevant provisions of the “Agreement Concerning the Sovereignty, Independence, Territorial Integrity and Inviolability, Neutrality and National Unity of Cambodia”:

- Article 2 (excerpt), which Thailand has reportedly violated: The other parties [besides Cambodia] undertake to refrain from the threat or use of force against the territorial integrity or political independence of Cambodia, or in any other manner inconsistent with the purposes of the United Nations, [and] to settle all disputes with Cambodia by peaceful means.

- Article 5 (excerpt):

1. In the event of a violation or threat of violation of the sovereignty, independence, territorial integrity and inviolability, neutrality or national unity of Cambodia (…) the parties to this agreement undertake to consult immediately with a view to adopting all appropriate steps to ensure respect for these commitments and resolving any such violations through peaceful means.
2. Such steps may include, inter alia, reference of the matter to the Security Council of the United Nations or recourse to the means for the peaceful settlement of disputes referred to in Article 33 of the Charter of the United Nations.
3. The parties to this Agreement may also call upon the assistance of the co-Chairmen of the Paris Conference on Cambodia [France and Indonesia].

The 1991 Paris Peace Agreements on Cambodia must be faithfully respected if any possible international peace treaties on other countries such as Iraq or Afghanistan are to be respected in the future.

Sam Rainsy
Member of Parliament