Thailand to revive revoked MoU with Cambodia

BANGKOK, Dec 30 (MCOT online news) - The Thai government is considering reviving the Memorandum of Understanding (MoU) on the kingdom’s maritime border signed with Cambodia in 2001 but which was revoked by the previous government, according to Thai Foreign Minister Surapong Tovichakchaikul.

Speaking to the media at Suvarnabhumi Airport upon returning from his official two-day visit to Cambodia, Mr Surapong said the government is considering revoking the cabinet resolution which terminated the MoU on overlapping maritime boundaries in the Gulf of Thailand signed with Cambodia in 2001.

When the MoU is revived, the government could go ahead on negotiations under the framework of MoU, he said.

The MoU was signed by then foreign minister Surakiart Sathirathai and Cambodia's deputy prime minister Sok An on June 14, 2001, under the Thaksin Shinawatra-led administration.

Thailand set to present case to International Court: PM [-Abhisit is dreaming: how can Cambodia accept border that was not completed yet?]

BANGKOK, May 30 (MCOT online news) -- Prime Minister Abhisit Vejjajiva on Monday affirmed that Thailand is ready to present its case at the International Court of Justice (ICJ) following Cambodia’s request that the court interpret its 1962 ruling on Preah Vihear Temple, including its request for indication of provisional measures.

Mr Abhisit said the Thai legal team said they were ready, the team has made due preparation for the case, in terms of written documents, photographs, videos, and statements to clarify the issue.

He said Thailand's main argument would focus on Cambodia had earlier accepted that demarcation of its boundary with Thailand had not been settled. Cambodia had signed a memorandum of understanding in 2000 to establish a joint boundary committee to resolve the boundary dispute.

"Thailand regards the MoU in 2000 as evidence that Cambodia accepted that the border demarcation was not yet completed," he said.

[Thai] PM sets conditions for observers [-Should Cambodia asks all Thai to evacuate from all former Khmer lands as a precondition also?]

Says Cambodian troops, villagers must leave area

6/05/2011
Bangkok Post

Cambodian troops and villagers must leave the 4.6-square-kilometre disputed border area before Indonesian observers can be deployed, Prime Minister Abhisit Vejjajiva insists.

He was speaking the day before his planned trip today to attend the Asean Summit in Jakarta in which his Cambodian counterpart Hun Sen is also participating. But Mr Abhisit has already said there were no plans to meet Hun Sen.

The bloody border fighting between Thailand and Cambodia looks set to be among the issues dominating the Asean Summit this weekend.

Mr Abhisit said the documents for the deployment of Indonesian observers pose no problem but the presence of Cambodian troops and citizens is a breach of the Memorandum of Understanding (MoU) signed by both countries in 2000.

Management of border row raises questions

March 27, 2011
Steve Manoon
The Nation

Opinion

Dear Sir: I would like to make the following points regarding the Thai-Cambodian conflict:

The conflict needs to be resolved through proper strategies. Until the land is clearly defined as to its "owner", both sides should move out. The space would also serve as a buffer zone until the land is designated to the rightful owner. This includes military forces of both countries moving out.

Both Thailand and Cambodia should approach the International Court to resolve their disagreements. The case culminating in the 1962 verdict of the International Court, granting Preah Vihear temple to Cambodia should also be reopened since there are several legal loopholes in the trial and verdict. This includes an examination of the original agreement made by Thailand (Siam) and France in 1904 and the subsequent altered form of 1907.

PAD protest: Just who is benefiting from rally?

February 2, 2011
By Supalak Ganjanakhundee
The Nation

Prime Minister Hun Sen should be grateful to the People's Alliance for Democracy (PAD) and the Thai Patriots' Network (TPN) for rallying against the Thai government, because their arguments and demands could be very useful for Cambodia.

The two groups have been camping outside the Prime Minister's Office for a week to pressure the government into taking tougher action over border conflicts with Cambodia. They have demanded that the government scrap the memorandum of understanding (MoU) on boundary demarcation, use military force to kick Cambodian communities out of disputed areas near Preah Vihear Temple and quit the World Heritage Committee.

The MoU, signed in 2000 under the Democrat-led government of Chuan Leekpai, is a legal instrument meant to set up a joint boundary committee, to help survey and demarcate the border.

The key point of concern in the MoU is Article 1 (c), which says "maps which are the result of demarcation works of the Commission of Delimitation of the Boundary between Indochina and Siam set up under the Convention of 1904 and the Treaty of 1907 between France and Siam, and other documents relating to the application of the Convention of 1904 and the Treaty of 1907 between France and Siam".

Like Cambodia, the PAD believes that the "maps" mentioned in this Article include the 1:200,000 scale one, which is part of a series of maps made by France that show the Preah Vihear Temple and its adjacent area being in Cambodia.

Opposition groups protest against Thai govt.

Wednesday Jan 26, 2011
Preethi Nallu, Press TV (Ireland), Bangkok

With four different groups rallying in Bangkok, January 25th was a protest filled day for the Thai Capital with tens of thousands of demonstrators ascending to voice their demands at seperate venues. The groups were different but their sentiment was unanimous. All expressed grievances with the performance of the current administration.

Some groups are united in their cause and hope to converge to gain a stronger voice. The Santi Asoke, the Thai Patriots and the Yellow shirts have opposed the government's current stance on the border dispute with Cambodia. The recent arrest of seven Thais, including a member of Parliament, by the Cambodian authority on grounds of trespassing through disputed territory brought on an onslaught of protests by the three groups. They have all set up camps and tents close to the government house and insist that they will stay on until the prime minister finds a favorable solution. They demand that government immediately deport Cambodians living on the Thai side of the border and to nullify existing agreements with the neighboring country.

But when asked about the grounds for protest, Santi Asoke's spiritual leader only spoke in general terms.

Hundreds Rally in Bangkok Over Cambodian Border Dispute

A supporter of the People's Alliance for Democracy (PAD) gestures during a rally outside the Government House in Bangkok, 25 Jan 2011 (Photo: Reuters)

VOA News
25 January 2011

Hundreds of Thai nationalists staged a rally in Bangkok Tuesday to demand the government take a stronger line in its border dispute with Cambodia.

About 2,000 to 3,000 members of the People's Alliance for Democracy, also known as the Yellow Shirts, took to the streets under the watchful eyes of nearly 4,000 security forces to demand that Prime Minister Abhisit Vejjajiva revoke an agreement on the handling of border issues with Cambodia. The protesters' ranks included two smaller nationalist groups.

Five men in possession of unauthorized firearms and explosives were arrested the night before the rally.

[Thai] PM rejects Yellow Shirt demands on border dispute

BANGKOK, Jan 24 (MCOT online news) - Thai Prime Minister Abhisit Vejjajiva on Monday rejected the three demands put forward by the yellow-clad People's Alliance for Democracy (PAD) regarding the Thai-Cambodian border dispute, saying that Thailand will lose territory to her neighbour if he gives in to the protesters' demands.

The prime minister stood firm on his stance as the PAD leaders threatened to prolong their protest near Government House on Tuesday if their demands are not met.

The nationalist movement leaders sought Thailand's withdrawal from the United Nations Education Scientific and Culture Organization (UNESCO)'s World Heritage Committee (WHC), revocation of the 2000 Memorandum of Understanding (MoU) signed with Cambodia and pushing Cambodian people out of areas which they claim belong to Thailand back to their homeland.

NPP: Revoke Thai-Cambodian MoU

14/01/2011
Bangkok Post

The New Politics Party has called on the government to revoke the memorandum of understanding on the border signed by Thailand and Cambodia in 2000 and to press Cambodia to release the five Thais still detained at Prey Sar prison in Phnom Penh.

Representatives of the New Politics Party, founded by the yellow-shirt People's Alliance for Democracy, went to Government House on Friday morning to submit a letter to Prime Minister Abhisit Vejjajiva.

They demanded the government revoke the 2000 MoU on the Thai-Cambodian border and the Thai-Cambodian Joint Border Commission, as they believed Cambodia violated Thai sovereignty.

They wanted the Cambodian government free all seven arrested Thais unconditionally.

[PAD Thai] Yellow Shirts rally against Thai-Cambodian border documents

BANGKOK, Nov 2 (MCOT online news) - Thailand's 'Yellow Shirt' People’s Alliance for Democracy (PAD) on Tuesday gathered at Parliament to express their opposition to the adopting the Thai-Cambodian Joint Boundary Committee (JBC)'s meeting reports as Tuesday’s session of Parliament is due to vote on endorsing the documents.

The Thai Constitution requires that any agreement made with other countries must first gain parliamentary approval.

PAD leaders Maj-Gen Chamlong Srimuang, Sondhi Limthongkul, and Pipob Thongchai led demonstrators, marching from the Royal Plaza to the Parliament at 8am amid security provided by about 750 police officers.

The PAD demanded that the agenda items dealing with the three previous meeting reports of the Thai-Cambodian Joint Boundary Committee (JBC) be withdrawn from the parliament session.

The PAD rallied on the sidewalk and are not obstructing conduct of the joint parliamentary session as an emergency decree remains in effect in the capital.

Mr Sondhi said their rally would be peaceful and would not be prolonged, but if the parliament endorses the documents, the PAD activists will convene a mass rally again in December and their demonstration at that time will be prolonged until their demands are met.

PAD member Amorn Aamaratthanon addressed the crowd from a truck-mounted mobile stage on a truck, saying the Yellow Shirts have scheduled a small forum to educate the public on the issue until 6pm. The PAD are expected to decide their next move later today.

Meanwhile, the Administrative Court on Monday dismissed the PAD petition and upholds enforcement of the Thai-Cambodian 2000 Memorandum of Understanding (MoU) signed by Thai and Cambodia.

The PAD on Friday petitioned the Central Administrative Court seeking an injunction barring implementation of the 2000 MoU and to revoke three documents dealt with by the JBC meeting.

The Yellow Shirt movement believes that the JBC agreement is disadvantageous to Thailand. PAD spokesman Panthep Puapongpan said the petition was necessary as there was clear evidence that Thailand might be at risk of losing its territories once the 2000 MoU is implemented. In addition, he said the document is yet to be approved by parliament, which is considered unconstitutional.

The PAD earlier issued a statement claiming that the documents originated from the MoU signed by Thailand and Cambodia in June 2000 related to the survey and boundary demarcation.

The documents are based on the 2000 MoU which recognises a French map with a scale of 1:200,000 sq km which the PAD said puts Thailand at risk of losing territory.

PAD [Thai] border demands fall on deaf ears

Court dismisses call to quash memorandums

2/11/2010
Bangkok Post

The Central Administrative Court has thrown out complaints lodged by the People's Alliance for Democracy against the government's plans to reassess the demarcation of the border with Cambodia.

PAD leaders filed a petition with the court on Friday asking it to revoke a memorandum of understanding reached with Cambodia in 2000 and to call for an injunction against three other memorandums based on the original memo.

The PAD argued that parliamentary endorsement of the three latter memos, which were signed last year and in 2008 by the Joint Boundary Commission, would result in a significant loss of territory.

The government will table the three memos in parliament today.

The PAD is expected to rally today in front of parliament following the court's rejection of its complaints.

The court ruled the cases were outside its jurisdiction as the government and parliament were exercising their constitutional right to put the memos forward for approval.

PAD coordinator Suriyasai Katasila said the alliance would appeal the verdict as the group believed the memos and related documents would harm the national interest.

"We will consider bringing the case to the Constitution Court if the House endorses the agreements and other related documents," Mr Suriyasai said after learning of the Administrative Court's ruling.

He said there would be fewer PAD demonstrators than at past gatherings because of flooding. He estimated the crowd could reach "several thousand".

Meanwhile, Foreign Affairs Minister Kasit Piromya called on the PAD to be rational with its nationalism.

Mr Kasit, who stood united with the PAD to call for the expulsion of the Thaksin Shinawatra administration, said he had met the group's leaders more than 10 times to discuss the problem but with no result.

"PAD seems to always go back to its own conclusion that the government is giving up our land to Cambodia," Mr Kasit said.

"I would like them to speak the truth to the public."

The PAD said the JBC memorandums were based on the original 2000 memo which recognises a French map of 1:200,000 scale, which puts Thailand at a disadvantage. The JBC was formed under the 2000 agreement to implement joint memos to solve the dispute.

Mr Kasit said the government's stance on demarcation was based on the watershed line, not the map.

The Centre for the Resolution of the Emergency Situation said yesterday it had assigned police to coordinate with PAD leaders to monitor today's rally to ensure participants toe the line.

CRES spokesman Sansern Kaewkamnerd said rally organisers must be made aware of what their limitations are when holding a rally while emergency rule was in effect. He said he was confident the situation would remain under control and said authorities would take swift action if the law was breached.

PAD spokesman Panthep Pongpuaphan said he was unsure of how many supporters would attend the rally.

"Our understanding is that many of those having shown up at our previous rallies may not come as they are either supporters of the Democrat Party or are affected by flooding," he said.

Five PAD leaders will be present at the rally, he said. The group leaders will determine the PAD's next move later today after parliament's decision on the memos is made.

Abhisit tries to pre-empt any third party intervention in the border conflict with Cambodia

Abhisit says 2000 Thai-Cambodian MoU precludes UN, third country interventions

BANGKOK, Oct 31 (MCOT online news) -- Thai Prime Minister Abhisit Vejjajiva on Sunday countered criticism that the 2000 Thai-Cambodian memorandum of understanding (MoU) related to the survey and boundary demarcation and three documents dealt with by the Thai-Cambodian Joint Boundary Commission (JBC) meeting that might put Thailand at risk of losing its territories.

Speaking during his weekly TV and radio address, Mr Abhisit said his government has continued to defend Thailand’s territorial integrity.

Even United Nations Secretary-General Ban Ki-moon acknowledged during the ASEAN-UN summit, held in Vietnam last week, that third countries should not interfere in the Thai-Cambodian territorial dispute as the two countries signed an MoU with their Joint Boundary Commission (JBC) in operation, Mr Abhisit said.

He said those who are dissatisfied with the MoU and JBC should understand that the existence of these two would help prevent third country and the UN from interfering into the territorial dispute between the two countries.

He quoted Mr Ban as saying during the summit that negotiations must be held by Thailand and Cambodia.

The Thais should not worry that the country would lose some territory to Cambodia because the Thai constitution stipulates that approval must be given by Parliament before any government can make an agreement with that country.

He said the Thai parliament would only ratify this Tuesday minutes of the previous meetings between the two countries.

However, future meetings on the issue between the two countries must be approved by the Thai Parliament again, Mr Abhisit said.

His remarks were made as activists of the People’s Alliance for Democracy (PAD) last Friday petitioned the Central Administrative Court, asking it to stop parliament from considering the proceedings. The court is expected to rule on the injunction Monday.

The PAD also threatened to rally at Parliament this Tuesday, the same day that MPs consider the border commission's proceedings.

The PAD Yellow Shirts have claimed that documents originating from the MoU signed by Thailand and Cambodia in June 2000 related to the survey and boundary demarcation recognises a French map with a scale of 1:200,000 sq km which put Thailand at risk of losing territory.

Yellow Shirts petition court, seek to revoke border talk documents

BANGKOK, Oct 29 (MCOT online news) -- The 'Yellow Shirt' People's Alliance for Democracy (PAD) on Friday petitioned Thailand’s Central Administrative Court seeking a court injunction barring implementation of the 2000 Memorandum of Understanding (MoU) and to revoke three documents dealt with by the Thai-Cambodian Joint Boundary Commission (JBC) meeting.

Speaking after submitting the petition, PAD spokesman Panthep Puapongpan said the petition was necessary as there was clear evidence that Thailand might be at risk of losing its territories once the 2000 MoU is implemented. In addition, he said the document is yet to be approved by parliament, which is considered unconstitutional. The PAD pledged to rally at parliament on Nov 2, the same day Parliament is scheduled to vote on the documents.

Mr Panthep said the gathering will be orderly and under constitution guidelines and will not violate the emergency decree which remains in effect in the capital. He promised the rally would not obstruct the joint parliamentary session.

The PAD had earlier issued a statement taking the government to task for pushing for a joint parliamentary debate on the three JBC documents. The group's leaders also strongly criticised

Prime Minister Abhisit Vejjajiva for breaking his promise to hold a forum to gather public opinion on the documents before forwarding them to Parliament for further consideration.

The PAD statement claimed that the documents originated from the MoU signed by Thailand and Cambodia in June 2000 related to the survey and boundary demarcation. The documents are based on the 2000 MoU which recognises a French map with a scale of 1:200,000 sq km which put Thailand at risk of losing territory.

Pol Lt Gen Chakthip Chaichinda Metropolitan Police Chief said he assigned Pol Maj Gen Wichai Sangprapai, commander of Metropolitan Police Division 1, to supervise a 600-strong police contingent to maintain law and order during the PAD rally.

The metropolitan police chief said the Yellow Shirt leaders agreed during talks with the authorities that they would rally peacefully and that it will not be prolonged.

Gen Chakthip said he believed that there would be no disturbance.

[Thai] PM surprised by PAD claims

30/10/2010
Bangkok Post

Prime Minister Abhisit Vejjajiva said his government is protecting the national interest by observing the 2000 Thai-Cambodian memorandum of understanding that governs the survey and demarcation of the land boundary between the two countries.

He made the point in response to the People's Alliance for Democracy (PAD) which filed a complaint with the Administrative Court yesterday, accusing the government of jeopardising Thai territory by its observance of the MoU.

Mr Abhisit, who was attending the 17th Asean summit in Hanoi yesterday, said his government had neither a hidden agenda nor vested interests.

The cabinet intended to protect the national interest in its request that parliament approve three proceedings of the Joint Commission on Demarcation for Land Boundary or the Joint Boundary Commission (JBC) of Thailand and Cambodia, he said.

The JBC was formed to implement the 2000 MoU, but it cannot begin its task without approval from the Thai parliament.

Mr Abhisit said he was surprised by the PAD accusation. He denied his government had used the widespread flooding in the country to mask the submission of the three JBC proceedings to parliament.

He said the proceedings were submitted to parliament publicly and the proposal took its normal pace after it had been shelved for a long time.

He said he was not worried about the PAD's planned rally on Tuesday to oppose the process but he warned participants to abide by the law.

Yesterday afternoon, PAD representatives accused Mr Abhisit's government of violating the laws of good national administration.

The group also accused the prime minister of violating the 2007 constitution by supporting an implementation of the 2000 MoU.

The PAD claimed seeking parliament's approval for the JBC's proceedings will lead to a loss of national territory.

Section 1 of the charter states that Thailand is one indivisible kingdom.

The PAD said that approval of the JBC's proceedings would lead to a temporary border agreement between the two countries and the agreement would allow Cambodia to challenge earlier settled sections of the boundary.

It also complained that the 2000 MoU recognised the French-made map at 1:200,000 scale. This put Thailand at a territorial disadvantage as the borderline in the map drawn by France encroached on Thai territory, the PAD claimed.

The PAD filed its complaint with the Administrative Court and asked the court to revoke the JBC's proceedings, the 2000 MoU and cabinet resolutions endorsing the negotiation framework for the JBC and supporting the proposal of the JBC's proceedings to parliament.

The PAD also sought an injunction to stop parliament from considering the proceedings. The court is expected to rule on the injunction on Monday.

Thais want table for two [-After all the war threat, bilateral negotiations with Thailand are useless...]

ANALYSIS: The Foreign Ministry is seeking a bilateral resolution to the Preah Vihear land dispute

16/08/2010
Saritdet Marukatat
Bangkok Post

[Thai negotiators] believe there is room for negotiations if Cambodia accepted the international accepted practice on border demarcation in which the watershed is used as the dividing line for any area where the borderline is in dispute. That would include the 4.6 square kilometre area near Preah Vihear temple. (sic!)

Thailand's push for a fresh meeting of the Joint Boundary Commission with Cambodia is aimed at preventing international interference in the dispute over the border area near the Preah Vihear temple.

The Foreign Ministry will table the outcome of previous meetings of the JBC held last year and in 2008 for parliament's approval tomorrow, said Chavanond Intarakomalyasut, secretary to the foreign minister.

Among the items up for parliament approval will be an aerial map of the border dividing the two countries and an agreement to establish a working group to demarcate the boundary.

The constitution requires that all matters that could affect sovereignty be subject to parliamentary approval.

The move follows Foreign Minister Kasit Piromya's announcement last Tuesday that Thailand wanted to hold the JBC meeting soon to place all disputed areas on the negotiating table.

Parliamentary approval of the outcome of the previous two meetings would send a signal to Cambodia that Thai negotiators were ready to deal with the dispute over the unsettled border areas and that foreign assistance was not required.

Thailand and Cambodia would use the memorandum of understanding signed in 2000 by then deputy foreign minister Sukhumbhand Paribatra and Var Kim Hong, the Cambodian adviser on border affairs, as a framework to demarcate the border lines.

The JBC has been assigned to implement the memorandum.

Prime Minister Abhisit Vejjajiva stressed his intention for the Preah Vihear matter to be resolved bilaterally in a letter sent last Tuesday to the United Nations General Assembly and UN Security Council.

"The intention of the Royal Thai Government is to solve the problem of land boundary between Thailand and Cambodia through the implementation of the 2000 memorandum of understanding between the government of the Kingdom of Thailand and the government of the Kingdom of Cambodia on the survey and demarcation of land boundary," the letter says.

The Thai government has reason to emphasise this stance, as the Cambodian government has recently gone on the offensive, asking for help from other countries to help resolve the border dispute with Thailand.

On Saturday, Cambodian Foreign Minister Hor Namhong sent a letter to current Asean chair Vietnam asking the country to intervene.

That request followed a letter sent on Aug 8 by Cambodian Prime Minister Hun Sen to the UN General Assembly and the UN Security Council in which he said the dispute over Preah Vihear could lead to bloodshed without international intervention.

The Thai side believes that bringing in outsiders would only further complicate the issue.

The memorandum uses treaties signed by Thailand and France in 1904 and 1907, as well as maps from that time, as a basis for negotiations.

Thai negotiators have said the two treaties reflected France's power in the region at the time and put Thailand at a disadvantage.

However, they believe there is room for negotiations if Cambodia accepted the international accepted practice on border demarcation in which the watershed is used as the dividing line for any area where the borderline is in dispute. That would include the 4.6 square kilometre area near Preah Vihear temple.

A breakthrough in negotiations will take time and will only be possible when relations between the countries warm.

Ties have soured in recent years, first after Thailand tried to block Cambodia's sole listing of Preah Vihear on the world heritage list in 2008, and then after former prime minister Thaksin Shinawatra was appointed an economic adviser to the prime minister in Phnom Penh.

Thailand's opposition to Cambodia's management plan for Preah Vihear at the recent World Heritage Committee (WHC) meeting widened the rift.

The WHC deferred its decision on the plan partly because of Thailand's opposition to its inclusion of a buffer zone that included land claimed by the two countries. The issue must be resolved before the WHC considers the plan at its meeting next year in Bahrain.

Phnom Penh now wants the dispute over the overlapping area settled quickly, so its plan would not face any further obstacles at next year's WHC meeting.

It hopes that bringing regional or international pressure to bear on Thailand would force the country into a quick settlement on the issue.

The challenge Thailand now faces is to bring Cambodia back to the negotiation table with the JBC.

As evidenced by the letter from the Cambodian foreign minister to Vietnam, Phnom Penh is not keen on working the matter out bilaterally.

"As the current stalemate has extinguished any hope of further bilateral negotiations and in order to avoid any large scale armed conflict... I earnestly seek assistance [from Asean]," the letter quoted by AFP stated.

But acting government spokesman Panitan Wattanayagorn said he hoped there would not be any outside interference.

Abishit lies to the Thai public on TV?

PM Abhisit: Cambodia intrudes first

15/08/2010
Bangkok Post

Cambodia has violated the Thai-Cambodian memorandum of understanding signed in 2000 by encroaching on the Thai territory first, Prime Minister Abhisit Vejjajiva said during his weekly broadcast on Sunday morning.

Mr Abhisit said the government had finished writing a letter explaining to the United Nations that Thailand did not threaten to use military force against Cambodia, as claimed by the Cambodian government.

"Thailand is committed to solve the border dispute peacefully under the 2000 MoU," the premier said.

Cambodian was the only side trying to list as a world heritage site of the United Nations Educational, Scientific and Cultural Organisation. The Thai government had been clarifying the situation to foreign countries to avoid misunderstanding, he said.

A committee had been set up to help oversee the issue, he added.

Cambodia's statement on the 2000 MOU with Thailand

Click on the statements in Khmer and English to zoom in

[Thai] PM thanks [PAD Thai] rally, blames Noppadon

1/08/2010
Bangkok Post

Prime Minister Abhisit Vejjajiva thanked a group of Thai people for showing their concern for the country after they gathered in front of the United Nations Educational, Scientific and Cultural Organisation (Unesco)'s local office in Bangkok on July 27 to oppose Cambodia's plan on administering Preah Vihear temple.

The gathering was likely one of the reasons why the Unesco World Heritage Committee (WHC) postponed discussions on the Phnom Penh government's management plan around the Preah Vihear temple to next year, Mr Abhisit said during his weekly broadcast on Sunday morning.

However, he said, confusion within the country might lead to conflicts that could benefit Cambodia in the end.

He said the Thai-Cambodian memorandum of understanding signed in 2000 had helped Thailand as it was the main factor in the WHC's decision.

The government will accept Cambodia's management plan, if the temple is jointly listed between both countries. The government will not cooperate with the WHC if it endorses the plan since it infringes on the disputed border area, he said.

"The problem originated in 2008 when Mr Noppadon Pattama, a foreign minister at the time, supported Cambodia's plan to list Preah Vihear as a world heritage site. This put Thailand in a disadvantage.

"We cannot deny that the most convenient entrance to Preah Vihear is on the Thai side. Therefore, the Thai government has been trying to oppose its listing," the premier said.

He said the government should now work easier as it had seen the documents proposed by Cambodia at the WHC meeting in Brazil last week.

"Actually, there are people who do not agree with me on the legal aspects but we share the same goal, which is protecting the country's sovereignty. I ask all sides to work together and stop arguing since it would give an advantage to another country," he added.

Boundary deal faces axe

[Thai] PM intensifies protest against Cambodia

7/11/2009
Bangkok Post

Thailand may suspend a land boundary demarcation settlement in a further diplomatic strike against Cambodia.

Financial aid worth 1.4 billion baht for Cambodia's Route 48 is also under review.

Thailand yesterday revoked a memorandum of understanding on developing an overlapping border area which is rich in oil and gas in the Gulf of Thailand. The agreement between the two countries was reached in June 2001.

It was the latest protest against Cambodia's decision to appoint convicted prime minister Thaksin Shinawatra as its economic adviser.

In a video link from Japan last night, Prime Minister Abhisit Vejjajiva hinted that his government might suspend negotiations under the Thai-Cambodia Joint Commission on Demarcation for Land Boundary (JBC).

Parliament is scheduled to consider endorsing the JBC framework on Monday. However, Mr Abhisit yesterday said: "It's not a priority at present."

The agreement on the disputed maritime boundary was reached under the Thaksin administration. The Democrat-led government believes Cambodia could gain an advantage in negotiations if Thaksin is advising it.

"Thaksin was directly involved in pushing for the government to sign the MoU, so the Thai government could not continue negotiating with Cambodia based on this MoU," said Foreign Minister Kasit Piromya.

The unilateral termination of the MoU will take effect three months after Bangkok informs Phnom Penh.

Mr Kasit said the potential oil and natural gas reserves in the 26,000 square kilometre overlapping area could benefit both countries and negotiations would directly affect economic benefits and national security.

Mr Abhisit said the decision was aimed at protecting Thailand's interests and defending its judicial system.

The government did not trigger the dispute and it was up to Phnom Penh to consider what steps should be taken to ease tensions.

He had told the Foreign Ministry to prepare mechanisms for a downgrade of diplomatic ties with Cambodia.

"I think the government and Thai people are exercising patience and restraint," Mr Abhisit said.

"The issue must be dealt with at the bilateral level. But the problem was not created by us. It is up to Cambodia to consider how to proceed with it."

He was speaking after a reception lunch for leaders of the Mekong Subregion hosted by the Japanese chamber of commerce and industry and the confederation of Japanese businessmen in Tokyo.

Mr Abhisit and Cambodian Prime Minister Hun Sen are among the Mekong Subregion leaders taking part in the summit with Japan, which ends today.

A Foreign Ministry source said Thaksin's decision to advise Cambodia has caused a fundamental change in circumstances which could justify Thailand revoking the MoU in question under the 1969 Vienna Convention on the Law of Treaties.

But Cambodia said that, under the MoU, neither country could renege on its pledges to develop the area.

"I don't see any articles or any sentences that allow either party to terminate the memorandum of understanding," Var Kimhong, the Cambodian government's top border negotiator, told AFP. "Both sides have to implement it until we find a solution to the overlapping claims area," he said.

Chavanond Intarakomalyasut, secretary to the foreign minister, added the ministry would also review other agreements signed with Cambodia during the Thaksin administration.

It includes a Thai financial package to Cambodia for construction of the 153km Route 48 worth 1.4 billion baht linking Trat province with Koh Kong's Serei Ample district.

Meanwhile, Thaksin yesterday criticised the Democrat-led government's decision to downgrade diplomatic ties with Cambodia.

The fugitive former prime minister said the government's decision could worsen the relations between the two countries and cause economic damage between the neighbours. Advising the country was an act of good neighbourliness which could also help Thailand.

2000 Border Agreement a Disadvantage: Expert

Mr. Sean Pengse

By Pin Sisovann, VOA Khmer
Original report from Washington
02 September 2009

A 2000 border agreement signed between Cambodia and Thailand is not likely to yield results in longstanding disputes, a former minister told VOA Khmer.

The agreement put Cambodia at a disadvantage, and border negotiations will face endless crises, said Sean Pengse, former Minister of Industry and a border expert.

After Cambodia regained peace and the reintegration of Khmer Rouge fighters into society, border trade flourished, and the two countries signed a memorandum of understanding in June 2000.

However, it would have been better for Cambodia to negotiate on the border from a position of a 1962 international court decision, which “set a clear border with no white zones,” Sean Pengse said. “Why are there now white zones? Why should Cambodia negotiate? I believe Cambodia’s voice in the negotiation is useless, because we beg aid form them. Our country is small, and we should use international law, from which we previously had an advantage.”

The 2000 agreement led to the white zones, or disputed areas, he said, giving Thailand the chance to argue against rebuilding a market near Preah Vihear temple.

The temple is at the center of a military border standoff that has claimed seven lives so far. The market was destroyed in fighting earlier this year.

“The Phnom Penh government claims that I speak groundlessly about the MOU,” he said. “Now Thailand isn’t allowing us to rebuild the market that they burned down. They have warned us against rebuilding it, citing contradiction to the MOU. The Cambodian government didn’t realize the MOU contradicted our interests. If Cambodia wishes to develop anything at Preah Vihear temple, [the Thais] warn us it is a white zone.”

However, Var Kimhong, chairman of Cambodia’s border committee, denied the 2000 agreement included areas of Preah Vihear temple as white zones. The agreement was over cooperation on border demarcation for 805 kilometers from the Dangrek mountains to the sea, he said, adding that Sean Pengse’s claims are contradictory to the facts.

“He shouldn’t make comments if he doesn’t know the truth,” Var Kimhong said.

Thailand “warned us against rebuilding the market, claiming we were violating Article 5 of the 2000 MOU,” he said. “We responded to Thailand, explaining that we are rebuilding the market on the orders of Prime Minister Hun Sen, in honor of Article 5 of the MOU to keep the status quo before the MOU. The MOU was signed June 14, 2000. The market had been there since 1998.”

Many Thais objected to Cambodia’s bid to enlist the temple as a Unesco World Heritage Site. When it was listed in July 2008, the current military standoff began.

Sean Pengse said that Thailand has in the past and is now currently using negotiation time for its own interests.

“Thailand doesn’t want us to file a complaint with the international court,” he said. “The 2000 MOU states that the border dispute should be discussed. This deprives us of our right to file a complaint.”

However, Var Kimhong said the agreement has not lost groud for Cambodia and honors the 1962 agreement.

“If you read the 2000 MOU, you would see that it refers to all previous treaties, conventions and maps since 1907,” he said.

The government was seeking joint cooperation on border demarcation as its primary choice, in the name of being a good neighbor, he said. It has not deprived itself the right to complain on border demarcation contrary to a map signed between the French and Thailand.

Sean Pengse worries that negotiations will drag on and more serious incidents will ensue.

After regaining independence from France in 1954, Cambodia reclaimed Preah Vihear from Thailand, after regaining several lost provinces, such as Battambang and Siem Reap. Disputes over the temple escalated, including a severing of diplomatic ties between the two in 1958. Cambodia lodged a complaint with the international court, which decided in 1962 Preah Vihear temple belonged to Cambodia.