Hun Xen: Same old! Same old!

Unofficial translation from French by KI-Media

Communiqué

Hun Xen: Same old! Same old!

The 5 hours 20 minutes speech given on 09 August 2012 was simply an opportunity for Hun Xen to renew his faithful subservience to Hanoi, this came after both Asian and Western observers and officials have accused him of being a “stooge” to Beijing.

In fact, there is nothing new to add to what Hun Xen and his comrades said for the past several years over land and maritime borders between Cambodia and Vietnam. The historical and legal references that he pointed out over this issue were those used by the Vietnamese themselves since their invasion and occupation of Cambodia since 1979. Hun Xen justified the “lawfulness” of his actions, but one needs to understand that it was Vietnamese imperial law, not International Law.

Under International Law, Hun Xen and his so-called People’s Republic of Kampuchea (PRK) – a beast created by the Vietnamese occupation – have no legitimate rights to conclude any international agreements over Cambodia’s borders. In other words, all these PRK-Vietnam territorial agreements dating from the 80s were simply null and void. Stipulations in the 1991 Paris Peace Agreements over Cambodia are very clear about this issue.

Therefore, the recognition and the execution of these illegal agreements that are in favor of a foreign country and that are detrimental to one’s country’s territorial integrity are betrayal acts that are condemned by any penal code in the world, including that of Cambodia itself.

Paris, 10 August 2012

Dy Kareth

The 1982 Historical Water Treaties between Hun Xen and Nguyen Co Thach

https://www.box.com/s/0f68713e49eaf7ea247b

Var Kim Hong’s suicide and the “death” of Cambodia: Norodom Sihanouk

https://www.box.com/s/324f026a4a9f7264ba61

UNOFFICIAL ENGLISH TRANSLATION by M. Preuk (on March 17, 2005)

B. M. D.

Norodom Sihanouk

Beijing, March 16, 2005

Nowadays, nobody can deny [the fact] that the “2nd Kingdom” Cambodia had lost a significant part of her land and maritime territorial integrity as compared to her territorial integrity during the 1963-1969 period (with the return of Preah Vihear [to Cambodia by Thailand]).

Nowadays, one knows very well that a large part of our lands and seas dating from 1963-1969 is integrated, without any opposition [from our part], to the “sovereignty” framework of our 3 neighbors (Thailand, Vietnam, Laos) – each one of them having their own share of the Cambodian “cake.”

For example, we find an appreciable number of villages belonging to our People which were located well within the interior of the SRN (Sangkum Reastr Niyum) Cambodia, but are from now on, 3 times “alas!”, well within the interior of the Socialist Republic of Vietnam (South Vietnam) – SRV – and … they are, of course, well defended by the (invincible) army of our “viet brothers.”

Very recently, Maitre Michel Buisson (Esquire) and his friends were able to note that these “viet brothers” are becoming the owners of Khmer villages – because of their extreme poverty, our Compatriots who are poor had to rent, or, even worse!, sell [their lands] to the “viet brothers”. Maitre Buisson had witnessed that these latter are pushing the “new borders” of “their South Vietnam” well within the interior of “2nd Kingdom” Cambodia.

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It is true, that under the reign of Lon Nol (Khmer Republic), the Vietnamese from South Vietnam (Kampuchea Krom) sent letters to the viets in Svay Rieng by unequivocally writing on the envelope of their respective letters: “Svay Rieng, Vietnam” – sic! –.

It is also true that Nguyen Van Thieu’s army occupying then our Neak Luong, had re-baptized it “Saigon Moi” (New Saigon, in French Noveau-Saigon).

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Coming back to Maitre Michel Buisson, he saw viet militaries behaving as masters over the Khmers living in the city of Snuol.

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The SRV “created” new borders (to their own benefit) by building during the 80s, 90s, and 2000s, “entry gates” and canals well within the interior of our 1963-1969 borders.

Thailand, on its part, “created” new borders (to their own benefit) by building straight highways which cut a good portion of our legal territory along certain provinces of the “2nd Kingdom” Cambodia. The lands which are closest to Thailand along the highways cited above “belong,” from now on, to the Thai Kingdom.

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Nowadays, the fact the team of H.E. Var Kim Hong officially “works” with our 3 neighbors to find out where our borders are is a vivid proof that:

The SRV, the Thai Kingdom, and the Popular Democratic Republic of Laos , absolutely, do not recognize the legitimacy and the legality of Cambodia borders dating from 1963 to 1969 – even though at the Summit Conference of Indochinese People in Canton, the delegations of the Provisional Revolutionary Government of South Vietnam (President Nguyen Huu Tho), of the Democratic Republic of Vietnam (Prime Minister Pham Van Dong), of the Neo Lao Hak Xat (Prince Souphanouvong) had, in front of Prime Minister Chou En Lai (People’s Republic of China), formally recognized the 1963-1969 delineation of the Cambodian borders; they even solemnly promised , in the name of their respective countries, nations, and peoples, to always – meaning eternally – respect this delineation of our borders.

Our “2nd Kingdom” Cambodia herself (represented by H.E. Var Kim Hong’s team) accepts to suicide herself by recognizing, even under the eyes of International Law, that Cambodia does not have precise borders.

By officially accepting to re-negotiate the borders issue, our “neo-Angkorian” Cambodia admits, on her own, that she does not know where are her land and maritime borders.

In this respect, the [use of the] word “suicide” is not exaggerated. Because a Country which recognizes that it does have precise and legal borders is a dead Country.

Signed: Norodom Sihanouk

CBC's letter to the UN regarding the border with Vietnam - UN's Response letter

https://www.box.com/s/b3cb0ca11d54bc3a0af9


https://www.box.com/s/a4932fcf09a098021727

Reflections on twenty years of the Paris Peace Accords

Monday, February 21, 2011
Op-Ed by Antoine Phirun Pich,
Ph.D. Candidate, University of Ottawa

Twenty years after the Paris Peace Accords were reached, Cambodia still faces the inherent challenges of an emerging democracy while its people have been allowed to enjoy a certain degree of liberty (at least compared with the Khmer Rouge genocidal regime of the mid-1970s or the decade-long Vietnamese occupation that followed). However, to the outside observer, the country remains far from the democratic society based on the rule of law that drafters of the accords could have legitimately expected. This is partly due to the initial political circumstances that lead to the absurd formation of a bicephalous first mandate government, or the hidden military agenda of one of the signatory countries indubitably involved in the 1997 coup.

It is beyond doubt that Vietnam’s hegemonic ambitions over Cambodia have been the most prevalent obstacle to the effective implementation of the peace accords in so far as it has contributed to the establishment of an open door policy for Vietnamese nationals to settle across the country’s (eastern) provinces, thereby jeopardizing unity, independence and national identity. Due to the ethno-demographic distribution of modern Cambodia and its clandestine subservience to the neighbouring government, there can be no doubt that the “Vietnamese factor” will forever remain inseparable from the Cambodian political landscape. But given today’s communications technologies and coercive principles of international law, whether Vietnam will truly succeed in annihilating Cambodia in the same way as in the past remains an open question.

Cambodia-Vietnam Friendship Treaty: Which country benefits more?

Thach Setha, President of the Khmer Kampuchea Krom Community

Hon. Thach Setha on Light of Candle on Sep. 4 on the Cambodia-Vietnam Friendship Treaty

Thursday September 16, B.E.2554, A.D.2010 Year of the Tiger

Hon. Thach Setha, KKC Executive Director, SRP Phnom Penh Concilman, SRP Senator of Cambodia (1999-2006), is a special guest on live call-in Light of Candle Radio organized by SRP, on the friendship treaty of Cambodia-Vietnam. Which country benefits most from that treaty?

Click here to listen to the audio program in Khmer (MP3)

Triet and Sihamoni applauded efforts by the 2 gov'ts to effectively implement previously signed agreements including the illegal ones? Bravo?!?!

President Triet meets Cambodia’s King Norodom in Phnom Penh

Saturday, 28/08/2010
VNS

VietNamNet Bridge - President Nguyen Minh Triet and Cambodia's King Norodom Sihamoni yesterday agreed that the two countries should continue holding high-ranking meetings to further foster the expansion of multi-faceted co-operation.

They also applauded efforts by the two Governments to effectively implement previously signed agreements. (sic!)

The two leaders met in Phnom Penh during Triet's official visit to Cambodia which began on Thursday and ends today.

Welcoming Triet and his wife to Cambodia, King Norodom Sihamoni said the visit was an important event that would create strong motivation to bolster traditional ties and comprehensive co-operation between Viet Nam and Cambodia in the coming time.

He expressed his gratitude for the support given by Viet Nam's leaders and people to Cambodia in the past as well as to the country's current recovery and development.

The King said he was impressed with Viet Nam's achievements in building and developing the country and highly valued Viet Nam's position in the region and in the world.

While affirming that Cambodia would always be a good neighbour to Viet Nam, he asserted his determination to cultivate the fine traditional and comprehensive relations between the two countries.

He also wished that Viet Nam, under the leadership of the Communist Party and State, would continue to gain more achievements in its national construction and development.

President Nguyen Minh Triet thanked the King for his warm welcome, saying that he highly valued the achievements gained by Cambodia under the King's rule and the leadership of the Royal Government. Triet applauded Cambodia's increasingly higher position in the region and in the world.

He also expressed his deep gratitude to Cambodia for its support to Viet Nam during the country's struggle for liberation and unification in the past and construction and defence at present, and for the support the government gives to Vietnamese people who are living in Cambodia.

Triet affirmed Viet Nam's policy to prioritise building and developing relations with Cambodia and conveyed his greetings to former King Norodom Sihanouk and Queen Mother Norodom Moninieth Sihanouk.

Triet donated VND8 billion (US$410,000) and 50 computers to King Norodom Sihamoni for the Cambodian Royal Fund.

Building achievements

Also on the same day, Triet met separately with Samdech Sisowath Chivanmoniral, first vice president of the senate of Cambodia; Ngoun Nhel, acting president of the Cambodian National Assembly; and Samdech Hun Sen, Prime Minister of the Royal Government of Cambodia.

At the meetings, Triet said Viet Nam was always willing to share its experience and co-operate with Cambodia for mutual interest and benefit. Viet Nam would do its best to ensure the fine co-operation between the two countries could contribute to ASEAN unity.

In the coming period, he said, the two countries needed to strengthen co-operation mechanisms between policy-making and executive bodies, organisations and especially bordering provinces.

Triet suggested the two sides foster ties in specific industries, including national security and defence, trade and commerce, agriculture, forestry and aquaculture, transport, mineral exploitation, oil and gas, education, healthcare, and tourism.

He also said the Royal Government should instruct relevant bodies to foster land border demarcation works to be completed by the end of 2010 as agreed.

Leaders of Cambodian Senate, NA and Royal Government expressed their deep gratitude for Viet Nam's support, particularly in saving Cambodia from genocide.

Triet also visited Great Supreme Patriarch Tep Vong at Wat Ounalom and Great Supreme Patriarch Bou Kry at Wat Botum.

Khmers complicit in Vietnamization

In 1962, Prince Sihanouk wrote: "Whether he is called Gia Long, Ho Chi Minh, or Ngo Dinh Diem, no (Vietnamese) will sleep soundly until he succeeds in pushing the Khmer toward annihilation, after having made them go through the stage of slavery."

Pol Pot and his French-trained Marxists handed Cambodia to Vietnam. Then Heng Samrin and company agreed to a Vietnamized Cambodia. Now the King has ratified it.

March 10, 2010
By A. Gaffar Peang-Meth
Pacific Daily News (Guam)

My apologies. It's impossible to answer all e-mails on or related to any week's topic. But be assured that I read every one and even retrieve some that my ISP sends to a spam folder. My answers will sooner or later find their way to my columns.

To some who urge that I translate my writing into Khmer, I respond that God never meant a day to exceed 24 hours. Can't someone translate them?

A few days ago, the Hun Sen military test-fired 100 miles from the disputed border with Thailand, some 200 Russian-made Katyusha rockets, a Stalin-era weapon known today as BM21. A bank of 40 launch tubes mounted on a truck can fire in 20 seconds, with a range of about 20 miles and more.

Sen's military spokesman said the test was to strengthen Cambodia's abilities for "national defense against invaders." The test firing helped keep people intimidated and Sen in power.

Did it sidetrack the issue of Vietnamization of Cambodia? It seems only retired Johns Hopkins professor Naranhkiri Tith keeps a focus on the issue on his Web site. http://cambodiana.org/default.aspx. His proposed "roadmap," is a path he describes as "necessary but not sufficient," to save the Cambodian people.

His schematic should have been translated into Khmer long ago, because, if I rephrase a common saying to relate to Tith: "I know that you believe you understand what you think Tith said, but I'm not sure you realize that what you heard is not what he meant."

A reader e-mailed me George Santayana's quote -- "Those who cannot learn from history are doomed to repeat it" -- but I am reminded of Karl Marx's, "History does nothing; it does not possess immense riches, it does not fight battles. It is men, real, living, who do all this." I like Thomas Jefferson's "I like dreams of the future better than the history of the past" and American poet and champion of individualism Ralph Waldo Emerson, who said, "Make the most of yourself for that is all there is of you."

Today, let me examine the 25-year "Treaty of Peace, Friendship, and Cooperation" that effectively integrated Cambodia into a greater Vietnam.

As people educated in the culture of Confucianism, Vietnamese leaders' actions are, generally, carefully thought-out and calculated to maximize Vietnam's interests. They know what they want, what their national interests are and they move methodically to attain them.

Unfortunately for Khmers and their country, King Sihamoni, son of King Father Sihanouk, signed the supplements to the treaty, giving Vietnamese full access to colonize and Vietnamize Cambodia. The treaty cites "the traditions of Vietnam-Kampuchea militant solidarity and fraternal friendship."

Recall the Vietnamese revolutionary activities in Cambodia, described in my earlier column: Among them, in 1949, Hanoi's Canvassing Committee created the Revolutionary Kampuchean People's Party and, in 1950, Hanoi created the Kampuchean People's Liberation Army. That was the near 30 years of "great revolutionary gains" for Cambodia?

In its preamble, the treaty cites the "closely interrelated" independence, freedom, peace and security of Vietnam and Cambodia -- what affects one affects the other -- and that both countries are "duty-bound to help each other wholeheartedly and with all their might" safeguard and consolidate the products of their "revolution." It cites both countries' "militant solidarity" and "long-term and all-round cooperation and friendship" as representing their "vital interests."

In the treaty's first three articles, the Cambodians hand Ho Chi Minh the goal he had dreamed about.

In Article 1, the two countries pledge to "do all they can" to maintain their "traditions of militant solidarity" and to develop "mutual trust and assistance in all fields." In Article 2, they pledge to "wholeheartedly support and assist each other in all domains and in all necessary forms," as well as to take "effective measures to implement this commitment whenever one of them requires."

Cambodian leader Hun Sen can "require" Vietnamese intervention and Sen will be assisted "in all domains and in all necessary forms," and vice versa.

In Article 3, both countries pledge "mutual fraternal exchanges and cooperation" and mutual assistance in the economic, cultural, educational, public health, scientific, and technological fields, as well as the training of cadres and the exchange of "specialists and experience in all fields of national construction."

Article 4 stipulates a border agreement based on the "present border line." In Article 5, both parties pledge a "long-standing tradition of militant solidarity and fraternal friendship" to which they "attach great importance." Article 6 requires that the parties "frequently exchange views" on all questions concerning both countries' relationships and on "international matters of mutual interest." Articles 7, 8, 9, speak of the right and obligation of each party to any bilateral and multilateral agreements.

The treaty opens the door for Vietnam to operate in Cambodia. For example, Vietnam always has been short of food, and Cambodia is historically rich in fertile land and fish and natural resources.

In 1962, Prince Sihanouk wrote: "Whether he is called Gia Long, Ho Chi Minh, or Ngo Dinh Diem, no (Vietnamese) will sleep soundly until he succeeds in pushing the Khmer toward annihilation, after having made them go through the stage of slavery."

Pol Pot and his French-trained Marxists handed Cambodia to Vietnam. Then Heng Samrin and company agreed to a Vietnamized Cambodia. Now the King has ratified it.

Why blame the Vietnamese for expansionism when Khmers have acquiesced to it?

A. Gaffar Peang-Meth, Ph.D., is retired from the University of Guam, where he taught political science for 13 years. Write him at peangmeth@yahoo.com.

Cambodians complicit in Vietnamization

March 3, 2010
By A. Gaffar Peang-Meth
Pacific Daily News (Guam)

I promised last week to discuss today the 25-year treaty of peace, friendship and cooperation concluded by Heng Samrin, a former Khmer Rouge commander who is now a leader in Cambodia's government, and Vietnam's prime minister Pham Van Dong on Feb. 18, 1979.

This treaty binds Cambodia and Vietnam in what the treaty terms, "militant solidarity and fraternal friendship." In a stroke of the pen, the signatories extol a symbiosis of interests between Cambodia and Vietnam, opening the door to an even more thorough Vietnamization of Khmer land and culture than might have taken place in a federation of the states of the former French Indochina.

Retired Johns Hopkins professor Naranhkiri Tith observes on his Web site that the 1979 treaty between Hanoi and its puppet in Phnom Penh "became official in 2005" when Cambodia's King Sihamoni, "with the support of his father Sihanouk," put his royal signature on "supplements" to the treaty, thereby making Cambodians complicit in the Vietnamization of Cambodia.

Some readers have requested a review of Vietnam's historical expansionism and its contemporary revolutionary activities that ended with the 1979 treaty. I will provide that review today and then deal with the treaty.

A saying goes, "Necessity is the mother of invention."

Vietnam, which broke off its thousand-year bondage to China in 939, began its southward movement a few decades later, to escape Mongol and Chinese military threats in the north. Migration to the west was hampered by natural and physical barriers. To the south, the territory was unoccupied and the land was fertile. The horizon seemed infinite.

The migration was ongoing, even as other kingdoms were encountered. In 1406, the ancient kingdom of Champa's capital, Vijaya, was seized and the kingdom was extinguished in 1471. Then, in 1630, Vietnamese princess Ngoc Van, married to Khmer King Chey Chetha II, promoted Vietnamese settlements in the low delta in Khmer Preah Suakea (Ba Ria) and Prey Nokor (Saigon).

The 1979 friendship-cooperation treaty brings Hanoi's influence as far west as the border with Thailand.

What started as a necessity dictated by the search for security and growth became a strategy for expansionism. The intention to expand its influence is illustrated even in the name of the political party founded by modern Vietnam's leader, Ho Chi Minh, in 1930 -- the "Communist Party of Indochina." Ho Chi Minh didn't just want to liberate Vietnam from the French; he defined the task of CPI "to make Indochina completely independent."

In 1941, Minh created the Viet Minh, an abbreviation of "Vietnam Doc Lap Dong Minh Hoi," or "League for the Independence of Vietnam," and spread its anti-French activities to Laos and Cambodia, where the Viet Minh later fragmentized the anti-French local Khmer Issarak front into a Khmer Viet Minh front.

In 1949, the Viet Minh instituted the "Ban Van Dong Thanh Lap Dang Nhan Cach Mang Cao Mien" -- "Canvassing Committee for the Creation of the Revolutionary Kampuchean People's Party" -- and created the Kampuchean People's Liberation Army in 1950.

Although the CPI was dissolved to demonstrate Vietnam did not harbor expansionist intentions toward its neighbors, it resurfaced in February 1951 as the Vietnam Workers' Party (Lao Dong), with the same agenda. In November of that year, the Revolutionary Kampuchean People's Party was created. It has been said the RKPP and the Cambodian local Communist Pracheachon Party were one and the same.

As Prince Sihanouk wrote in February 1960, the Pracheachon Party was "working indefatigably ... and specifically to bring Cambodia under the heel of North Vietnam."

Finally, in 1952, the Hanoi-created "Kampuchean Resistance Government" emerged to rival Sihanouk's royal government.

When the 1954 Geneva Accords ordered the Viet Minh to leave Cambodia, they took with them to Vietnam between 4,500 and 8,000 Cambodians, mostly young children.

According to Cambodian Khmer Rouge leader Pol Pot, the Marxist-Leninist Communist Party of Kampuchea was born on Sept. 30, 1960, after the first party congress of 21 people met for three days and three nights. According to Pol Pot, a Cambodian revolutionary movement that "truly belonged to our people," existed prior to the Geneva Convention, but its dissolution after the 1954 agreement was acknowledged because "people lacked a correct and enlightened guideline." Pol Pot described 1968 as the year when armed struggle -- civil war -- began.

Undoubtedly, Hanoi was aware that its publicly proclaimed "fraternal brothers and sisters," the Khmer Rouge, were not so "fraternal" privately, and it knew its relationships with the Khmer Rouge were unsatisfactory. But Hanoi let the Khmer Rouge be while it looked to building its own Kampuchean puppets. Hanoi was biding its time.

And as it was fighting a war against the Americans in Vietnam, Hanoi threw in its battle-tested troops to fight Lon Nol's republican army, enemies of Prince Sihanouk, who had allied himself with Hanoi. It was Hanoi's troops that routed Lon Nol's army and put Pol Pot in power in Phnom Penh.

Neither Hanoi nor the world governments intervened to stop the genocide that followed. However, when the Khmer Rouge's fierce independence of Hanoi was more than the latter would tolerate, Hanoi concluded it was time to teach its insolent comrades a lesson. The invasion of Cambodia followed, on Christmas Eve 1978.

Phnom Penh was captured and a subservient regime was installed, leading to the signing of the February 1979 treaty between the master and the puppet comrades.
A. Gaffar Peang-Meth, Ph.D., is retired from the University of Guam, where he taught political science for 13 years. Write him at peangmeth@yahoo.com.

CWCI's reation statement to Hun Xen's letter to King-Father Norodom Sihanouk

Today, Norway-based CWCI released a statement regarding the new letter sent by Mr. Hun Sen to King-Father Norodom Sihanouk regarding the Vietnamese encroachments.

Click on the statement in Khmer to zoom in

The Treaties Signed By Hun Sen/Heng Samrin/Chea Sim With Vietnam Are All Unconstitutional

Cambodia People Would Never Ever Recognize These Ignominious Treaties

Sun, 13 May 2007
OpEd BY BAPHUON
Posted Online

The pro-Vietnamese tried hard to discourage our effort to void the illegal and unequal treaties that HUN SEN/HENG SAMRIN/CHEA SIM had signed with Vietnam .

The Vietnamese insidious propaganda implied the idea of irreversibility. They said: it is irreversible; the 1979, 1983, 1985 and 2005 treaties became irremediably law of land. And those who attack these treaties would be considered as outlaws.

The pro-Vietnamese key argument was: all Cambodian institutions, and without exception, from the King to the National Assembly, the Senate, and the government, had all approved it, therefore, these 1979, 1983, 1985 and 2005 treaties between Vietnam - HUN SEN/HENG SAMRIN/CHEA SIM become laws.

Sean Péngsè, the President of Cambodia Border Committee in France and the world, during his meeting with Cambodian-American in the US last month had demonstrated the unconstitutionality of these ignominious treaties.

Péngsè said:

During the World War II, the French Vichy regime had signed also the treaty with Hitler ceding French land to the Third Reich. All Vichy institutions had also approved without exception that treaty, which was imposed by Hitler upon Marshal Pétain.

But when the Third Reich was defeated, the victorious De Gaulle declared that French-German treaty void and threw in prison all those who approved the cession of France land to the Third Reich. De Gaulle put in trial as traitor of France Nation those who approved the treaty. Some defendants were executed by a firing squad for crime of treason by De Gaulle.

For the same reason, Chili and Argentina didn’t recognize the treaties they had signed under the duress.

WE, Cambodian people, would never recognize all these ignominious 1978, 1983, 1985 and 2005 treaties signed by HUN SEN/HENG SAMRIN/ CHEA SIM with Vietnam , even though all institutions including the King, the government, the National Assembly, the Senate had approved it.

Through these treaties Cambodia will lose…

By these treaties 1978, 1983, 1985 and 2005, HUN SEN/HENG SAMRIN/CHEA SIM and all Cambodian institutions gave away to Vietnam about one third of Cambodian territorial sea (30,000 km2) plus 10,000 km2 of “ Historic Sea ” (rich in petrol) and one third of Cambodia land territory.

Indeed, according to a Vietnamese secret document distributed to Vietnamese cadres in 1979, on the day following Vietnamese invasion of Cambodia , Cambodia area was only: 120,036 km2, that was exactly one third less than the usual 181,040 sq km, or 176,520 sq mile (according to CIA World Factbook) recognized by the 1954 Geneva Peace Agreement Convention on Indochina .

Through these 1979, 1983, 1985 treaties between Vietnam and HUN SEN/HENG SAMRIN/CHEA SIM, Thailand was able to redraw new territorial sea border, then, consequently, grabbed another one third of Cambodia territorial sea (30,0000 km2).

Thai Prime Minister told Hun Sen in 1997: Don’t ask me about the new Thai-Cambodian territorial sea border. Don’t ask me how Thailand grabs (another) 30,000 sq km of Cambodian territorial sea, go to ask Hanoi instead. We can redraw the new territorial sea border with Cambodia because of your 1985 treaty (Hun Sen) with Vietnam .

First of all, all these treaties 1979, 1983, 1985 and 2005 are unconstitutional.

How could it be otherwise?

They are all UNCONSTITUTIONAL for the following reason:

Argument 1: The 1993 Cambodian Constitution prohibits any Cambodian government or King to cede any chunk of Cambodia land to other country. The article 2 and the article 3 of the 1993 Constitution stipulate the inviolability of the territorial integrity and the indivisibility of the Cambodia .

The treaties 1979, 1983, 1985 and 2005 were against primo the Article 2 relative the inviolability of Cambodia territorial integrity and second the Article 3 relative the indivisibility of Cambodia .

Hence, the King, the government, the Senate, and the National Assembly, all these institutions had committed a criminal act of UNCONSTITUTIONALITY.

I applaud all Sam Raingsy deputies and senators who dared to walk away to boycott the approval vote of these said treaties. It proved that there still are courageous leaders who stood up and opposed to the swallowing of Cambodia by Vietnam .

Argument 2: The 1991 Paris Peace Agreement on Cambodia was a great international agreement under the United Nations auspice. Nineteen countries in order to protect the independence, sovereignty, inviolability, territorial integrity and the national unity of Cambodia:

Australia, Brunei Darussalam, Cambodia, Canada, the People’s Republic of China, the French Republic, the Republic of India, the Republic of Indonesia, Japan, the Lao People’s Democratic Republic, Malaysia, the Republic of the Philippine, the Republic of Singapore, the Kingdom of Thailand, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America and the Socialist Republic of Vietnam

had signed and ratified the 1991 Paris Peace Agreement Treaty on Cambodia .

Then it is legitimate to ask the question: Is-it possible that a very simple bilateral Vietnam-Cambodia could void the 1991 Paris Peace Agreement on Cambodia which was signed and ratified by 19 countries including the UN five permanent members under the auspice of the United Nations?

Logically, the answer is: NO.

By the 1991 Paris Peace Agreement, Cambodia area was: 181,040 Km2 (CIA World Factbook).

The 1991 Paris Peace Agreement implicitly void the 1979, 1983 and 1985 treaties between Vietnam and HUN SEN/HENG SAMRIN/CHEA SIM according to the Article 1.2.d) of the

“3. AGREEMENT CONCERNING THE SOVEREIGNTY, INDEPENDENCE , TERRITORIAL INTEGRITY AND INVIOLABILITY, NEUTRALITY AND NATIONAL UNITY OF CAMBODIA”

Article 1. 2. d: To this end, Cambodia undertakes: d) To terminate treaties and agreements which are incompatible with its sovereignty, independence, territorial integrity and inviolability, neutrality, and national unity;

It needs only a governmental declaration to the press to void these 1979, 1983, 1985 treaties with Vietnam .

But no Cambodian government has the courage to declare to the press the termination or the void of these 1979, 1983 and 1985 treaties.

In spite of the express recommendation through the Article 1.2.d of the 1991 Paris Peace Agreement, all successive Cambodian government, Rannaridh government, Ung Huot government and Hun Sen Government continued to keep silence on these treaties and had no courage to void these ignominious 1979, 1983, 1985 treaties with Vietnam by a very simple act of declaration to the press.

The Cambodian King did not dare to void these treaties neither. No senator, no National Assembly member dared to denounce these treaties, except Sam Raingsy Party senators and National Assembly SRP members. What a shame! The SRP senators and SRP deputies were the only exceptional heroes who denounced these Vietnam-Hun Sen/Heng Samrin/Chea Sim treaties.

Hun Sen had signed with Vietnam the Supplemental Treaty in Hanoi on October 10, 2005.

By this 2005 Supplemental Treaty signed in Hanoi, Hun Sen government recognized the cession of about one third of Cambodia territorial sea and one third of Cambodia land (the land agreement is yet secret but according to some leak it would be also one third of land) and this would be legalized under the eye of the world.

The Supplemental Treaty signed in Hanoi on October 10, 2005 was additive to the treaties 1979, 1983 and 1985. This 2005 treaty reaffirmed and supported integrally all the cession of our ancestral land territorial sea to Vietnam and the legalization of immigration of four million Vietnamese to Cambodia concluded in the 1979, 1983 and 1985 treaties.

By the 1979 treaty, HUN SEN/HENG SAMRIN/CHEA SIM government must provide land, foods and security to million of Vietnamese immigrants.

Since the 1979, 1983 and 1985 treaties were void according the 1991 Paris Peace Agreement, it results that the 2005 Supplemental treaty must be void also.

Argument 3: The 1979, 1983 and 1985 treaties were forced upon Cambodia . Vietnam had invaded Cambodia and imposed these 1979, 1983 and 1985 treaties upon Cambodia . According to the Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) the 1979, 1983, 1985 and 2005 treaties signed during the Vietnamese occupation of Cambodia were void. Since these 1979, 1983 and 1985 treaties were void, it results the 2005 Supplemental Treaty which was based upon these void treaties was void implicitly.

Historical Background of the Article 1.2.d. of the AGREEMENT CONCERNING THE SOVEREIGNTY, INDEPENDENCE, TERRITORIAL INTEGRITY AND INVIOLABILITY, NEUTRALITY AND NATIONAL UNITY OF CAMBODIA.

The authors of the 1991 Paris Peace Agreement on Cambodia would like to establish for Cambodia a strong Treaty following the model of the September 8, 1951 San Francisco Peace Treaty with Japan . The 1951 San Francisco treaty with Japan voided all treaties that were forced by Japan upon the colonized countries.

For this reason, the authors of the 1991 Paris Peace Agreement would like void namely the 1979, 1983, 1985 treaties imposed by Vietnam upon Hun Sen/Heng Samrin/Chea Sim.

But Vietnam opposed to such article. Vietnam with the support of France proposed instead a much weaker article which is the article 1.2.d. (Source: Son Sann and Roland Dumas, former France Foreign Minister.)

All Cambodian institutions, including the government, the Senate, the National Assembly elected under the 1993 Constitution had never ever the courage to terminate all these ignominious 1979, 1983, and 1985 treaties. As De Gaulle had said, these collaborators were all traitors of the Nation.

Hun Sen said: If you want to claim Koh Tral from Vietnam , please, do it and I will award you a coffin.

Hun Sen had never understood the law. The primacy of the law was to protect the weak against the abuse of the strong, and the have-not and the without voice against the abuse of the rich and powerful.

Vietnam grabbed our land in violation of the law, but Koh Tral is always ours according to the international law. The law works tirelessly for the weak, and the have-not. For us, it might take a century to get physically our KOH TRAL back. We can wait because it is ours.

Who can predict that the USSR, the second super power, had imploded in 1989, after 78 years of existence, in spite of his formidable arsenal, his several thousand megaton war heads, her several dozen of thousand missiles ICBM and some 40,000 tanks T55s, T72s and T80s, T90s, and several thousands of Migs 25s, 29s and several hundred thousand of KGB agents and million of soldiers?

Baphuon

SOURCE: Sean Pengse speech

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REFERENCES

Cambodia 1993 Constitution:

Article 2:

The territorial integrity of the Kingdom of Cambodia , shall absolutely not to be violated within its borders as defined in the 1/100,000 scale map made between the year 1933-1953 and internationally recognized between the years 1963 - 1969.

Article 3:

The Kingdom of Cambodia is an indivisible state.

THE 1991 PARIS PEACE AGREEMENT ON CAMBODIA

3. AGREEMENT CONCERNING THE SOVEREIGNTY, INDEPENDENCE, TERRITORAL INTEGRITY AND INVIOLABILITY, NEUTRALITY AND NATIONAL UNITY OF CAMBODIA

Australia, Brunei Darussalam, Cambodia, Canada, the People’s Republic of China, the French Republic, the Republic of India, the Republic of Indonesia, Japan, the Lao People’s Democratic Republic, Malaysia, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America, the Socialist Republic of Vietnam and the Socialist Federal Republic of Yugoslavia.

In the presence of the Secretary-General of the United Nations:

Convinced that a comprehensive political settlement for Cambodia is essential for the long-term objective of maintaining peace and security in South-East Asia .

Recalling their obligations under the Charter of the United Nations and other rules of international law.

Considering that full observance of the principles of non-interference and non-intervention in the internal and external affairs of States is of the greatest importance for the maintenance of international peace and security.

Reaffirming the inalienable right of States freely to determine their own political, economic, cultural and social systems in accordance with the will of their peoples, without outside interference, subversion, coercion or threat in any form whatsoever.

Desiring to promote respect for an observance of human rights and fundamental freedoms in conformity with the Charter of the United Nations and other relevant international instruments.

Have agreed as follows:

Article 1:

1: Cambodia hereby solemnly undertakes to maintain, preserve and defend its sovereignty, independence, territorial integrity and inviolability, neutrality, and national unity; the perpetual neutrality of Cambodia shall be proclaimed and enshrined in the Cambodian constitution to be adopted after free and fair elections.

2: To this end, Cambodia undertakes:

a) To refrain from any action that might impair the sovereignty, independence and territorial integrity and inviolability of other States;

b) To refrain form entering into any military alliances or other military agreements with other States that would be inconsistent with its neutrality, without prejudice to Cambodia’s right to acquire the necessary military equipment, arms, munitions and assistance to enable it to exercise its inherent right of self-defence and to maintain law and order;

c) To refrain from interference in any form whatsoever, whether direct or indirect, in the internal affairs of other States;

d) To terminate treaties and agreements which are incompatible with its sovereignty, independence, territorial integrity and inviolability, neutrality, and national unity;

e) To refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations.

f) To settle all disputes with other States by peaceful means;

g) To refrain from using its territory or the territories of other States to impair the sovereignty, independence, and territorial integrity and inviolability of other States;

h) To refrain from permitting the introduction or stationing of foreign forces, including military personnel, in any form whatsoever, in Cambodia, and to prevent the establishment or maintenance of foreign military bases, strong points or facilities in Cambodia, except pursuant to United Nations authorization for the implementation of the comprehensive political settlement.