I can beat Preah Vihear charges : Noppadon

October 1, 2009
The Nation

Noppadon Pattama was optimistic yesterday he would be cleared of criminal and impeachment charges relating to the wrongful signing of the Cambodian-Thai joint communique on Preah Vihear temple last year.

"So many past indictments by the National Anti-Corruption Commission (NACC) have been dismissed by the courts," he said.

The NACC ruled on Tuesday to prosecute him and former prime minister Samak Sundaravej on suspicion of a lapse of duty, under Article 157 of the Criminal Code. They were accused of pushing through the controversial joint communique which was subsequently rejected and voided by the Constitution Court as well as the Central Administrative Court.

Noppadon - who was foreign minister at the time - insisted the NACC was prejudiced by relying heavily on evidence supplied by his opponents and those in the anti-Thaksin camp.

The joint communique was not a treaty, as claimed by opponents. It was a first document in which Cambodia duly recognised the existence of the disputed area surrounding the temple, he said, denying the allegation about sanctioning the Cambodian claim to the Thai territory.

He said he was prepared to fight the legal battle in the Supreme Court and the impeachment proceedings in the Senate.

Noppadon said ex-premier Thaksin Shinawatra gave him the moral support to clear his name. Samak, who is in hospital for cancer treatment, also gave him encouragement through an aide, he added.

Deputy Prime Minister Suthep Thaugsuban said the government would allow justice to run its course without interfering in the matter.

In his message posted on Twitter, Thaksin said the NACC had gone overboard in trying to fault Noppadon.

As part of the indictments, the NACC cited evidence from the National Security Council on the intentions of Noppadon and Samak relating to the joint communique. Based on the evidence, it concluded the two wanted to help Cambodian Prime Minister Hun Sen boost his popularity ahead of the polls.

The NACC expressed shock and dismay the two were willing to risk Thai territorial integrity for the political gain of a foreign leader.

Reacting to the evidence obtained by the NACC, NSC secretary general Thawil Pliensri said he remained sceptical Samak had actually instructed Noppadon to help Hun Sen.

"The story is beyond belief and I never heard Samak tell Noppadon to act in such manner," Thawil said, insisting he was at the NSC meeting on the temple issue.

He admitted, however, there was no taped record of what transpired between Samak and Noppadon.

Thawil's predecessor Lt General Surapol Phuenaiyaka was the key witness in the NACC inquiry.

Pheu Thai MP Jatuporn Prompan said the NACC had been unfair in indicting Noppadon and Samak.

The two were not responsible for losing the Thai territory to Cambodia but Prime Minister Abhisit Vejjajiva and his fellow Democrats were, Jatuporn claimed.

He insisted the two had tried to safeguard the Thai borders while Abhisit neglected to defend the disputed area in spite of a road constructed by Cambodia 250 metres inside Thai soil.

Noppadon: NACC ruling unfair

30/09/2009
Bangkok Post

Former foreign minister Noppadon Pattama on Wednesday lashed out at the National Anti-Corruption Commission for finding against him in connection with the Preah Vihear temple communique dispute, saying the decision was unfair.

The NACC on Tuesday ruled that former prime minister Samak Sundaravej and Mr Noppadon were to be held responsible for a cabinet resolution on June 17 last year to allow the then foreign minister to sign a joint communique backing Cambodia's bid to register Preah Vihear as a world heritage site without receiving prior approval from parliament as required by Article 190 of the constitution. The communique was signed on June 18

The two were also found to have violated Article 157 of the Criminal Code.

Mr Noppadon said the NACC's ruling was wrong in law and unfair to him and Mr Samak and was based on evidence supplied by political opponents of former prime minister Thaksin Shinawatra.

He insisted that the joint communique was not a treaty, but was only a political statement intended to protect territorial sovereignty. It was the only document in which Cambodia admitted the existence of overlapping border areas, he added.

The document had been carefully considered and agreed to by both Foreign Ministry officials, armed forces commanders at a National Security Council meeting, and the cabinet, said Mr Noppadon.

Although in fact many people were to be held responsible for the signing of the communique, the NACC opted to take legal action against only him and Mr Samak.

Mr Noppadon said he was ready to fight in court to prove his innocence and hoped to receive justice from the courts and the Senate.

The former foreign minister said he talked over this matter with Thaksin on the telephone and the fugitive former prime minister gave him moral support and talked to Mr Samak via his personal secretary.

Thai former PM, FM found to have violated law during listing of Preah Vihear with UNESCO

BANGKOK, Sept. 29 (Xinhua) -- The National Anti-Corruption Commission (NACC) voted 6:3 to find former prime minister Samak Sundaravej and former foreign minister Noppadon Pattama to have violated Article 157 of the Criminal Code for abuse of authority during the UNESCO-listing process of Preah Vihear temple.

The NACC found the two had violated the law since the then cabinet passed a resolution for Noppadon to sign the Thai-Cambodian communique to support the listing of Preah Vihear as a world heritage site with the United Nations Educational, Scientific and Cultural Organization (UNESCO), without the Thai parliament approval, Thai News Agency reported.

As Noppadon was the Thai foreign minister in the Samak-led Administration, on July 18 last year, he signed the joint communique with Cambodian Deputy Prime Minister Sok An for the UNESCO listing of Preah Vihear temple.

The UNESCO, in July 2008, approved Cambodia's bid to list Preah Vihear Temple as the World Heritage Site, since then the temple and its adjacent area have become the sites of border conflict between Cambodia and Thailand.

[Thailand] NACC to seek legal action against Samak, Noppadon over temple charges

BANGKOK, Sept 29 (TNA) -- The National Anti-Corruption Commission (NACC) will seek legal action against former prime minister Samak Sundaravej and former foreign minister Noppadon Pattama over last year’s issuance of a joint communique with Cambodia to endorse the listing of the historic Preah Vihear temple as a UNESCO World Heritage site.

The NACC found grounds to charge the duo over their approval of a Cabinet resolution at that time to endorse the listing of Preah Vihear temple without parliamentary endorsement as required by the Constitution.

The NACC voted 6:3 in finding them violated Article 190 of the constitution, said Klanarong Chantik, the NACC commissioner. It also found them negligent in carrying out their duties under Article 157 of the Criminal Code.

Mr Noppadol, then foreign minister, signed a joint communique with Cambodian Deputy Prime Minister Sok An on June 18, 2008 to support Cambodia’s application to list the 11th century temple as a World Heritage site during the Samak administration.

However, the NACC ruled that it did not find sufficient grounds to take action against other cabinet members in the Samak administration and government officials.

The NACC investigated 44 persons in the case including four in the present cabinet, Deputy Prime Minister Sanan Kachornprasart, Deputy Finance Minister Pradit Pattaraprasit, Information and Communication Technology Minister Ranongrak Suwanchawee and Natural Resources and Environment Minister Suvit Khunkitti.

[Thailand] NCCC to decide on Preah Vihear case today

Tuesday, September 29, 2009
The Nation

The National Counter Corruption Commission is expected to make a decision on whether to indict members of the Samak Cabinet and permanent officials involved in endorsing the joint-communiqué to support Cambodia's listing Preah Vihear as a Word Heritage Site.

NCCC commissioner Klanarong Chantik said the NCCC would make the decision today because the investigation results into the case were completed.

Four high-ranking ministry officials have been accused in the case comprising Foreign Ministry permanent-secretary Veerasak Futrakul, Chirdchu Raktrabutr, Ambassador Extraordinary and Plenipotentiary, Krit Garnjana-goonchorn, Director-General of the Department of Treaties and Legal Affairs.

Members of the Samak Cabinet who are defendants in this case include four former cabinet members in the Samak government, namely, deputy prime minister Sanan Kajornprasart, deputy finance minister Pradit Pataraprasit, natural resources and environment minister Suwit Khunkitti and ICT minister Ranongruk Suwanchawee.

The Constitution Court had earlier ruled that the Preah Vihear joint communique was endorsed by the Samak cabinet in violation of the Constitution.

Former foreign ministry deputy permanent secretary Suchinda Yongsunthorn said he believed the permanent officials were innocent as they honestly did their job with the believe that the communique would not cause Thailand to lose any land.

Thailand's Anti-Corruption Commission to rule on Preah Vihear charge Tuesday

BANGKOK, Sept 22 (TNA) - Thailand's National Anti-Corruption Commission (NACC) is scheduled to rule on Tuesday on the previous government's resolution which supported Cambodia's listing of the ancient Preah Vihear temple as a World Heritage site.

The NACC decided last November to press charges against 44 persons including 28 Cabinet members in the Samak Sundaravej administration and state officials in connection with the signing of a joint communique with Cambodia without seeking parliamentary approval as required by the Constitution.

The joint communique was signed by Thailand’s then foreign minister Noppadon Pattama and Cambodian Deputy Prime Minister Sok An on June 18, 2008.

The NACC decided last Tuesday to postpone the ruling to today.

NACC Commissioner Klanarong Chantik said last week that the NACC would consider the case on two separate issues: impeachment and criminal prosecution following the Constitutional Court's ruling that the joint communique was unconstitutional.

He said the anti-graft commission would tackle whether each of the 44 was intentionally involved in malfeasance that caused damage to the country.

The commission, he explained last week, finished investigating 12 persons, but the other 32 would be further scrutinised with the results to be disclosed on September 29.

Of the 28 accused ministers, four are members of the Abhisit government. They include Deputy Prime Minister Sanan Kachornprasart, Deputy Finance Minister Pradit Pattaraprasit, Information and Communication Technology Minister Ranongrak Suwanchawee and Natural Resources and Environment Minister Suvit Khunkitti.

The accused were charged with negligence of duty and violating Article 190 of the 2007 Constitution which imposes that any treaty affecting Thailand's society, economy and integrity of its borders must be approved by Parliament.

Thailand still undecided on Preah Vihear stance [-Does Abhisit know what he's doing?]

July 3, 2009
The Nation

The government has yet to discuss whether Thailand should ask Cambodia to jointly register the ancient Preah Vihear temple on the Thai-Cambodian border as a World Heritage Site, Prime Minister Abhisit Vejjajiva said yesterday.

A joint submission for the registration of the temple as a World Heritage Site would only create more confusion because border demarcation in the area is still unclear, he said.

Abhisit said questions could be raised regarding ownership of the area adjoining the temple. However, he suggested, a settlement could be made on condition that neither Thailand nor Cambodia claim ownership of the disputed area.

So far the Cambodian government has not considered applying for jointly registering the site with Thailand, he said.

The United Nations Education, Scientific and Cultural Organisation (Unesco) accepted Cambodia's application to designate Preah Vihear as a World Heritage Site last July.

However, last month Unesco agreed at a meeting in Seville, Spain, to delay the formal registration until February next year as the organisation still has a number of other matters to implement.

Delaying the formal registration came after complaints from Thailand said the temple listing had led to several armed clashes near the temple and urged the UN agency to review its decision.

With regard to negotiations about reducing troops near the Preah Vihear area, Abhisit said concerned officials from the two countries were still looking for ways to reduce tension and solve the problem in a peaceful manner.

Preah Vihear: little love lost among the ruins [-It's time for Thailand to stop its claim on Preah Vihear]

26/06/2009
By PIYAPORN WONGRUANG
Bangkok Post

If one were to ask, could the World Heritage Committee (WHC) consider a joint trans-boundary World Heritage Property status for the embattled Preah Vihear temple? The answer would be yes, it could.

The Preah Vihear temple: the border dispute between Cambodia and Thailand is making it almost impossible to maintain the ancient ruins as a proper World Heritage Site.

But the WHC did not do so last year. It considered Cambodia's solely prepared nomination proposal - which was re-adjusted to the point that any disputed areas with overlapping claims around the site were removed - and approved the temple as a new World Heritage Site.

As a result, not only has the new World Heritage architecture become devalued following its incomplete landscape, but Cambodia and Thailand have also been engaged in a growing border conflict ever since. Both sides no longer seem to trust each other.

The WHC itself cannot do anything to protect and preserve the site as it may have so wished, because it cannot conveniently access the site without each country's permission following the dispute.

Worse is the unnecessary loss of life and property following military clashes in the attempts by both countries to protect every inch of their so-called motherland from being claimed by the newly promoted World Heritage status of the temple or for its future development.

Since the 33rd meeting of the committee is being held in Spain, this should be a good time for all parties concerned to look into the possibility of resolving the dispute.

To nominate the Preah Vihear site again as a joint trans-boundary World Heritage property is not completely impossible, even after the temple itself without the parameters has been listed.

Unesco's headquarters in Paris once replied to the Bangkok Post that it still saw such a possibility when asked about its views following the military stand-off in the area.

The UN body said the existing World Heritage property - the temple - could be extended to include some new components (situated in part or fully in Thai territory) to become a joint trans-boundary World Heritage property.

This, it added, would make it easier to include the disputed area with overlapping claims within the extended property.

Another option would be for Thailand to nominate a new and separate property in its own territory.

But if this proposed site contained even a part of the area with overlapping claims, then the same set of problems that occurred during Cambodia's nomination of the temple would arise.

The joint trans-boundary nomination for the embattled temple, however, needs an evaluation by the International Council on Monuments and Sites (ICOMOS) and an approval from the WHC based on the established criteria for any inscription of sites on the World Heritage List.

In addition, mutual consent of both countries to nominate the extension of the temple will also be required.

These conditions will prove a challenge for all the parties concerned.

Thailand, for its part, should ask itself how serious or how ready it is to push for such a proposal until it becomes accomplished.

It often claims in public that it wants to see this outcome.

According to some technical experts who helped prepare reports to counter Cambodia's nomination in Canada last year, Thailand still lacks both a clear direction and goal regarding how it would want to proceed with this property.

Since Thailand lost its chance to jointly nominate the temple as a World Heritage Site last year, there has hardly been any concrete directive on what to do next. The team of experts has not been instructed whether they should develop the existing technical knowledge into a proposal for a separate nomination, or for a possible joint nomination.

Given this uncertainty, the chance is slim for Thailand to prepare for a joint nomination for the whole premise of Preah Vihear temple in time for the meeting in Spain.

Suwit Khunkitti, the minister of natural resources and environment who heads the Thai delegation, actually made it clear to the public that Thailand, in this meeting, would ask the WHC to review its approval of the listing of Preah Vihear as a World Heritage Site and ask concerned parties to help defuse the conflict. There has been no mention of what the country wishes to achieve instead, or the extent to which it has prepared itself for any particular goal.

According to an archaeological source who once worked on the issue, no archaeological experts will accompany Mr Suwit's team, unlike at the two meetings before. What this means is that Thailand just wants to have its voice heard on the issue at the meeting and nothing more.

If Thailand really wants to see the joint nomination happen, it needs to be more assertive than it is now. It cannot continue to pay lip service to the idea.

And for the other parties involved in the conflict - be they Cambodia or the WHC - they need to give support to the proposal if they want to seek a way to defuse the border tension and conflict.

The WHC, in particular, should no longer keep a distance from the subject with the excuse that it is not in its power to intervene in the nomination and the listing process.

There are still several questions which the WHC needs to clarify in public. These include how it will get Cambodia to complete the requirements made after the temple was listed last year, which include convening an international coordinating committee for safeguarding and developing the property, under which Thailand is supposed to be invited, as well as providing new maps to locate where the required buffer zones are.

Some Unesco staffers were recently reported to have visited the site. This visit needs to be clarified, especially in light of whether they were providing help to Cambodia to meet the requirements.

It is the time for the World Heritage Committee to prove whether it can help nations uphold the spirit of humanity in regard to historical properties, or whether the lofty mission is just a wish.

Opposition and civil society appeal to the govt not to negotiate with Thailand on Preah Vihear issue

24 June 2009
By Phan Sophat
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the article in Khmer

Officials from the opposition party and from civil society in Cambodia appealed to Cambodian government leaders not to accept negotiations to Thailand’s plan to review for a joint listing of Preah Vihear temple as a World Heritage site.

The appeal was made immediately after Thai PM declared that his government will ask the UNESCO World Heritage committee to review the decision to list Preah Vihear temple.

Thailand’s TNA news agency quoted Abhisit Vejjajiva, Thailand PM, claiming that Suthep Thaugsuban, Thailand’s deputy PM, will travel to Cambodia to explain about Thailand’s stance. Abhisit said also that he is confident that border issues between the two countries will be resolved peacefully.

Rong Chhun, President of the Cambodian Confederation of Union (CCU), said: “Bilateral negotiations should end because we have seen for umpteenth times that we couldn’t win, and the results are naught. Thailand’s actions never respect any of their promises, they kept on moving their troops [to the border] continuously.”

Lawyer Sok Sam Oeun, Executive Director of the Cambodian Defenders Project, also said: “The government should tell its Thai counterpart that for other issues, we can talk to each others, but for this kind of issues, there is no need to negotiate.”

About the idea of negotiation with Thailand, SRP MP Yim Sovann said: “We should review the [1991] Paris Peace Agreements in which a number of signatory countries raised about the defense of our national integrity.”

Up until the evening of Wednesday 24 June, Koy Kuong, spokesman for the Cambodian ministry of Foreign Affairs, told RFA that there was no official letter from Thailand to negotiate the Preah Vihear issue, unlike what was reported in the news which indicates that [negotiations] will take place on Saturday.

Phay Siphan, spokesman for the Council of ministers, said that he does not know if Hun Sen will accept to meet to negotiate with the Thai officials or not, however, he spoke about Thailand’s goals: “There’s nothing important to explain to Samdach Dek Cho [Hun Sen], they should apply the agreement made by the joint Cambodian-Thai border committee instead.”

According to Cambodian military source, the military situation at the Preah Vihear temple is still confrontational between the two countries, and this situation started when Thailand sent in several hundreds of Thai black-clad troops to the Wat Keo Sekha Kiri Svarak Pagoda on 15 July 2008, right after UNESCO listed Preah Vihear temple as a World Heritage site.

Hun Sen’s muted reaction to Thailand’s demand for joint UNESCO listing of Preah Vihear temple

18 June 2009
DAP-news
Translated from Khmer by Socheata

"Hun Sen, who usually offers feisty and rude rebukes to his local critics, can only offer a muted response to Thailand’s demand to jointly list Preah Vihear temple as a World Heritage site." - KI-Media

Prime minister Hun Sen offered his immediate reaction to the demand made by Abhisit Vejjajiva, Thailand’s prime minister, for a joint Thai-Cambodian listing of Preah Vihear temple.

Hun Sen’s reaction came one day after Abhisit made his announcement.

Hun Sen commented to reporters following his meeting with Surya Subedi, the UN Special Rappoteur on Human Rights in Cambodia, at the ministry of Foreign Affairs at 11:15 AM Thursday. He said: “I believe that it was his own words as the prime minister of a country that disturbs the sovereignty of another country. I regret [to hear] his comment and his goal, but during his visit to Cambodia, he did not raise this issue with me, but I think that his goal will not be successful.”

Hun Sen added: “The main issue involves the decision handed down by The Hague [International] Court of Justice which gave Preah Vihear temple and the surrounding land to Cambodia. This is the first point, and the second point, UNESCO already listed Preah Vihear temple as a World Heritage Site.”

Hun Sen said that: “Whatever he demanded for review, that’s his idea, and I hope that UNESCO is not dump enough to follow his [Abhisit] ambition.”