Why the Cambodian opposition parties are so silent about the Preah Vihear issue?

Opinion by Khmerization
25th October, 2009

‘All that is necessary for the triumph of evil is that good men do nothing’, Martin Porter

I have refrained from writing my opinion pieces on this blog for a while now due to time constraint, but most importantly because I thought that readers are sick and tired of my somewhat vitriolic diatribes which are “provocative”, “too opinionated” or “too subjective”.

However, when Cambodia’s national interests are at stake and since the Preah Vihear issue is increasingly in danger of becoming a “lost cause” by the day due to the mercurial behaviours and the lethargic actions of the Cambodian government, I am compelled to voice my opinion once again.

This time, my opinion will be at odds with the conventional wisdom of the so-called “democrats” and “anti-Hun Sen camp” because the target of my diatribes is not the usual ruling party, but the opposition parties that I so often lauded.

The opposition parties are an integral part of the democratisation process in a pluralistic political system which often act as checks and balances to right the wrongs of the government. It is sad that, in relation to the Khmer-Thai border disputes and the Preah Vihear issue, the Cambodian oppositions, namely the Sam Rainsy Party and the Human Right Party, chose to remain silent. They did not react to the two armed clashes between Khmer and Thai troops in October 2008 and April 2009. They did not react when Thai PM Abhisit Vejjajiva, Thai Deputy PM Suthep Thaugsuban and the Thai Supreme Commander Jaggabatra visited Cambodia. They did not react when 5,000 Thai PAD yellow-shirted ultra-nationalists marched to reclaim Preah Vihear on 19th September and most recently, they did not react to the seminar held on 20th October by 40 Thai MPs staking a claim to the Preah Vihear temple.

The silence of the Cambodian oppositions regarding the life and death issue of the Cambodian nation is politically damaging and it should puzzle every Khmer patriot, considering that they are reeling from a massive election defeat recently.

However, the silence of the Cambodian opposition parties can be explained in many folds. First, Sam Rainsy is a good friend of the current Thai PM Abhisit Vejjajiva because both of their parties are members of the Council of Asian Liberals and Democrats. Secondly, the Cambodian oppositions have been intimidated into silence through defamation lawsuits brought on by the government against party president Sam Rainsy and two of its star MPs, Mu Sochua and Ho Vann. Thirdly, the oppositions are so pre-occupied with fighting the lawsuits against the government that they have little or no time for other issues.

The Cambodian oppositions must get their priorities right or risked being totally rejected by the Cambodian voters in the next elections. They must grab every opportunity to sell their ideas and policies if they are to survive politically and electorally in the turbulent and, sometimes, cutthroat politics of Cambodia.

The current Khmer-Thai border issue is an issue of national importance and is one golden opportunity that they should not miss to grab. It should be used as a weapon by the oppositions, not to stoke nationalistic fervour, but to pressurise the government into actions and to gain the upper hand against the government that seems to be so incompetent in resolving this Khmer-Thai border dispute satisfactorily.

The Khmer-Thai border dispute and the Preah Vihear issue is a cause of concerns for every Khmer citizen. It is the single most important issue that is facing Cambodia today. For being so silent on the issue, the oppositions risked becoming irrelevant in the Cambodian politics and could be further marginalised if they continue to remain silent. Their continued silence would alienate many Khmer patriots and voters. They must be proactive on this issue or risk being pushed into oblivion and disappear into the Cambodian political wilderness. For the sake of the Cambodian nation and to defend Cambodian territorial integrity, they must break their silence and start doing something. As Martin Porter says ‘All that is necessary for the triumph of evil is that good men do nothing’. And it is not yet too late for the oppositions to do something.

Cambodia will not raise the issues of border disputes with Thailand during the Asean Summit

Many bilateral talks in the past, like this one, did not yield any fruitful results.

By Zakariya
25th November, 2008
Radio Free Asia
Translated from Khmer by Khmerization

A Cambodian official has said that Cambodia will not put the Khmer-Thai border disputes on the agenda of the upcoming 14th Asean Summit.

The Secretary of State and the spokesman for the Council of Ministers, Mr. Phay Siphan, said that Cambodia wants to leave the Khmer-Thai border disputes to be resolved in bilateral talks by using the Memorandum of Understanding signed in 2000.

Mr. Phay Siphan said: “The foundation of this policy has been proclaimed by Samdech Decho (Hun Sen) since the beginning of the new mandate (of this government). The international community as well as the United Nations and other countries have urged us (Cambodia and Thailand), even the messages from ASEAN, to resolve the disputes bilaterally.”

But Mr. Son Chhay, leader of a group of opposition parliamentarians, has urged the government to put the Khmer-Thai border disputes on the agenda of the Asean Summit, hoping that Asean can help to resolve these disputes.

Mr. Son Chhay said: “It is necessary that we put these disputes on the agenda of this summit in order to have a participation from other members of Asean to push for a resolution. In this way, the Cambodian side has an aspect of a legal victory if we involve the international community in this case.”

Please note that, in the past, some members of Asean such as Malaysia and Indonesia, wanted to mediate but the Cambodian government has refused to accept their offers of mediation.

Mr. Son Chhay said that, if the government did not put the Khmer-Thai border disputes on the agenda of the Asean Summit, he will write a letter requesting the government to come to explain to the parliament.

Mr. Son Chhay said: “If there is any secrets that cannot be revealed publicly, they (the government) can just reveal them to the parliament when we summon them to explain to the parliament about the Preah Vihear issues.”

Mr. Phay Siphan, spokesman for the Council of Ministers, said that the reasons the opposition wanted to request the government to explain to the parliament shows that the opposition wanted to participate in the resolution of the border problems.

Please note that the Asean Summit will be held in the Thai city of Chiangmai in mid December which will be attended by all the 10 Asean members plus Japan, China, India and South Korea.

Mr. Son Chhay said that many bilateral talks in the past between Cambodia and Thailand did not yield any fruitful results and that the disputes have so far resulted in the deaths of three Cambodian and one Thai soldiers.//

Situation in the disputed borders near Preah Vihear on 26th November, 2008

Aerial view of the Preah Vihear temple complex. Down hill on the left side is Cambodia.

Radio Free Asia
By Sav Yuth
26th November, 2008
Translated from Khmer by Khmerization

The military situation in the Preah Vihear areas has been on high alert, despite calm, because of occasional accidental gun fires.

A Khmer military officer from Intervention Force of Division 12 said on 26th November that the situation until now remain calm but on high alert and a few days ago the Cambodian troops have warned the Thai troops when they were drunk and fired shots (into the air), but the Thai side explained that the gun fires were accidental.

The officer said: “Today, there is no change. The night before yesterday, 20 of us slept on the mountain. They got drunk and they fired shots, but they explained that the gun shots were accidental. We warned them. Both sides are on high alert but we still talk to each other.”

Members of parliament have urged the government to resolve the border disputes as soon as possible in order to save defence budget.

Mr Son Chhay said: “We cannot delay this dispute because we will lose in two fronts. First, the longer the dispute is delayed, the more rights the Thai have the claims to our territories. Secondly, we have to spend more time and money to defend the areas that can drain our military budget.”

Mr. Son Chhay said that he has requested the government to put the Khmer-Thai disputes on the agenda of the ASEAN Meeting in Chiangmai in December. And on Tuesday he has written to a letter requesting PM Hun Sen to explain to the parliament of the reasons why the government refused to lodge a complaint to the United Nations regarding Cambodian border disputes with Thailand.

Mr. Khieu Kanharith, spokesman for the government, said that the government has made great efforts to resolve the disputes and he has dismissed the ideas that urged the government to lodge a complaint to the United Nations.

Mr. Kanharith said: “If they want to help solving the disputes, just tell us how we can do it? We have made numerous complaints to them (the UN) and they just told us to be patient by trying to resolve the disputes bilaterally. If we ask them to come to lecture us, we already knew the answers. So why should we ask them? The persons who said like this (urge to lodge a complaint) does not understand foreign affairs and don’t know anything.”

Please note that the meeting held between Cambodian and Thai foreign ministers in Siem Reap on the 12th of November did not yield any substantial results because of the Thai insistence on the use of the word “Phra Viharn” to call the temple name and due to the Thai side refusing to commit to a troop withdrawal because they have to wait for an approval from the Thai parliament.//

Officials in Banteay Meanchey Province raising money to help soldiers stationed in Preah Vihear

Cambodian troops based in Preah Vihear.

By Sophal Mony
Radio Free Asia
24th November, 2008
Translated from Khmer by Khmerization

Cambodian officials said that provincial authority of Banteay Meanchey province are collecting money to help buy food for the soldiers stationing in the Preah Vihear areas.

Mr. Ouk Ratanak, director of cabinet of Banteay Meanchey province, said that on the morning of Monday 24th November, village, commune and district officials were collecting money, material and food supplies from donors to give to the soldiers stationing in Preah Vihear. The collections started from last week.

Mr. Ouk Ratanak said: “We don’t bring the money to them. We will only bring material and food supplies to them. Our soldiers need more material and food supplies such as blankets to protect them from cold weather. We try to avoid giving them large sum of money because we are afraid that those money will not reach the ordinary soldiers.”

Governor of Puok District, Mr. Phan Saroeun, said that people in his district are enthusiastic about helping the soldiers who are protecting our territories. He said: “After we issued our (fundraising) plan, they support our plan 100%, they are very happy to help and they did help in the (fundraising) activities, they are happy to implement our plan and they are willing to contribute whatever they can.”

One Puok District councillor, Mr. Da Chhean, said that he has collected the money from some people, but some other people are still busy harvesting their rice. He said: “I am a councillor for Puok District and I have collected some money from some people. Some other people we have not collected from them yet because we cannot see them as they are busy harvesting their crops.”

Officials from Banteay Meanchey province said that all the material and food supplies donated by the people will be transported to the soldiers in Preah Vihear on 26th-27th of November.

Material and food supplies collected were: noodles, canned fish, dried fish, fish paste (prahok), fish sauce, soya sauce, clothes, blankets, flu medicines and medicines for malaria.

However, provincial officials cannot confirm the total amounts they have collected from the people, as the collection activities are still continuing.

Gen. Srey Doek, commander of Intervention Force of Division 12 based in Preah Vihear, said that the soldiers welcome all donations. He said: “We welcome and we accept all sorts of donations. These are voluntary contributions from the people which the soldiers appreciate very much.”

Please note that, this is the second time that the officials of Banteay Meanchey has organised the fundraising to help the soldiers in Preah Vihear. The first time they raised more than 100 million riels ($US25,000) for the soldiers based at Preah Vihear temple and Ta Moan temple in Oddor Meanchey province.//

Cambodian Foreign Ministry’s reply to Thailand’s protest

the 1907 map, which was used in the court case in 1962 in which Cambodia won the ownership of the Preah Vihear temple from Thailand, shows that the Preah Vihear temple and the sites of the clashes (red spots) on 15th October took place deep inside Khmer territories.

Radio Free Asia
By Mondul Keo
20th November, 2008
Translated from Khmer by Khmerization

Cambodian Ministry of Foreign Affairs on 20th November has issued a diplomatic reply to an aide-memoir of the Ministry of Foreign Affairs of Thailand which accused Cambodia of violating Thailand’s territorial integrity.

Minister of Foreign Affairs and Deputy PM Hor Namhong has told local and international media, after he summoned the Thai ambassador to the Ministry of Foreign Affairs, that Thailand is creating an issue with Cambodia after it’s recent unsuccessful attempt to block the listing of the Preah Vihear temple on the World Heritage List.

Mr. Hor Namhong added that all the Thai allegations are baseless. He said: “We have used 1:50,000 scale maps that the Khmer-Thai Technical Team had used to search for the 73 pillars along the borders. We based everything on those documents and we have told Thailand that those areas are located inside Khmer territories and we also told Thailand that, those areas were under Cambodian control since 1907, when those maps were produced. Only since the 15th of July, after Unesco has approved the listing of the Preah Vihear temple, that Thailand has raised one issue after another.”

Please note that, on the 7th of November, 2008, Thai Ministry of Foreign Affairs sent an aide-memoir to Cambodia claiming that a number of buildings in Poipet have been constructed on Thai territory. And on the 12th and 13th of November, the Thai Foreign Ministry has sent two aide-memoirs to Cambodia to protest against the raising of Cambodian flags, World Heritage flags and Unesco flags in Preah Vihear temple. Thailand has also protested Cambodia’s holding of a Kathen Ceremony inside Wat Keo Sekha Kirisvarak.

Mr. Hor Namhong said: “I have to tell you that I also don’t understand (why the Thai protested). This afternoon I told the Thai ambassador that, in the future, if Thailand wants to send a letter of protest, Thailand must examine the legal documents and maps clearly first before lodging the protest so that we won’t be wasting our time to reply. This is the first thing I told him. Secondly, because both sides have agreed to resolve the issue peacefully and cordially, we must allow the atmosphere to calm down in order to facilitate the peaceful negotiations. Please do not lodge a protest, one after another without any reasons and without any basis.”

Despite all of the wrangling, Deputy PM Hor Namhong still consider that complaining to the United Nations regarding the Khmer-Thai border disputes is the last resort.//

Thailand won’t allow Cambodia to build roads leading to Preah Vihear temple

Everyday.com
19th November, 2008
Translated from Khmer by Khmerization

Mr. Ros Chantraboth, vice-president of the Royal Cambodian Academy, said in a seminar in Phnom Penh on Tuesday that the Veal Entry area is located inside Khmer territory and is an important route to Preah Vihear temple, so he thinks that Thailand will not easily allow Cambodia to build roads along this stretch of lands to connect to Preah Vihear temple. He said that Thailand will use all pretexts to cause disputes with Cambodia in order to obstruct the construction of this important route.

Mr. Ros said that the reasons of his claims were based on his observations that since Thailand sent its troops to occupy the Khmer territories Thailand has always claimed that the Veal Entry areas belong to Thailand. He added that, in every negotiation, Thailand has never abided by the agreements.

Regarding the maps, Mr Ros said that Cambodia has consistently used only one map, and that is the internationally-recognised map, which Thailand has also recognised and which was a map that Cambodia has used successfully in the 19962 court case which seen the return of the Preah Vihear temple to Cambodia.

He added that, the problem in the negotiation is that Thailand has used a map unilaterally drawn by Thailand for the negotiations.

He added that, in hindsight, Cambodia was under the influence or the pressures of the Cold War because Thailand has allied itself with the South East Asian Treaty Organisation (SEATO) led by America. Cambodia was not aligned and was neutral and Thailand has used American influence to produce new maps which has caused the problems in the Preah Vihear areas until today.//

Kathen Ceremonies Held in Wat Keo Sekha Kirisvarak or Wat Prasat Preah Vihear Pagoda raised $180,000

The top picture: Gen. Hing Bunheang made donations to the monks and bottom picture: the monks receiving donations of consumption goods.( Photos by Vontha).

Koh Santepheap Newspaper
14th November, 2008
Translated from Khmer by Khmerization

Preah Vihear: In the morning of the 12th of November, two Kathen ceremonies were organised by Samdech Hun Sen and Lady Bun Rany Hun Sen in associations with some government institutions as well as authorities of Preah Vihear province and Siem Reap province to take the donations to Wat Keo Sekha Kirisvarak or Wat Prasat Preah Vihear pagoda.

The Kathen ceremonies brought donations for four pagodas, including Wat Keo Sekha Kirisvarak or Wat Prasat Preah Vihear pagoda, Wat Kiri Seima pagoda called Wat Phum Muoy, Wat Tejak Raingsey called Wat Phum Svay Chrum and Wat Sra-Em Ratanram called Wat Phum Sra-Em pagoda. These four pagodas are located in Kantuot commune, Choam Ksan district, Preah Vihear province.

The money raised during the Kathen ceremonies on that day amounted to 720 million riels ($US180,000) plus some consumption goods. The money raised and the consumption goods donated will be given to the four pagodas named above, ie. Wat Keo Sekha Kirisvarak will receive 300 million riels ($US75,000), Wat Kiri Seima will receive 100 million riels ($US25,000), Wat Tejak Raingsey will receive 100 million riels ($US25,000) and Wat Sra-Em Ratanaram will receive 100 million riels ($US25,000). Other than the four temples, 100 million riels ($US25,000) of the Kathen money have been donated to the soldiers stationed at the Preah Vihear frontlines, 20 million riels ($US5,000) was given to the organising committee of the Kathen at Wat Keo Sekha Kirisvarak and as well as donations to the 80 Buddhist monks residing at the temple where each monk receives 200,000 riels ($US50). The money donated to the 80 Buddhist monks are money donated by private donors, not the money taken out from the Kathen.

The participants in the Kathen on that day include all frontline military commanders, Gen. Pol Saroeun, Gen. Hing Bunheang, Gen. Srey Doek, Oknha (Sir) Sieng Nam, the MP for Siem Reap, Sou Phirint, the Governor of Siem Reap and Maj-Gen. Sor Thavy, Deputy Governor of Preah Vihear province as well as many government officials from different institutions, people from the two provinces and hundreds of the troops stationed in the areas.//

Thai Ministry of Foreign Affairs held a seminar about Preah Vihear

Radio Free Asia
By Chivita
7th November, 2008
Translated from Khmer by Khmerization
Related article on Preah Vihear Court Case.

The debates about the 1962 verdict of the International Court of Justice on the Preah Vihear issue and trades between the neighbouring countries among participants of a seminar organised by the Thai Ministry of Foreign Affairs have produced two opposing views.

Some Thai academics have told the seminar that the International Court of Justice has judged to give ownership of Preah Vihear temple to Cambodia, so Thailand must respect the court’s verdict. But some old participants of the seminar expressed their dissatisfaction with the 1962 court’s verdict.

One old man, Mr. Tepmontri Nithapayom, said that there were five complaints against Thailand to the International Court of Justice but two of the complaints, which related to ownership of the lands surrounding Preah Vihear temple, have not been judged by the court as belonging to Cambodia. So the demarcations that were done after the court case by using the old maps were illegal.

Mr. Tepmontri Nithapayom said: “But in the first and second complaints lodged with the court, the court has not judged in favour of Cambodia. These two complaints were in relation to the legality of the maps and the ownership of the lands surrounding the Preah Vihear temple. So if the court agreed with the Franco-Siamese Border Demarcation Commission who produced the 1908 maps, then the court would have agreed with the Preah Vihear maps and maps of the areas surrounding the Preah Vihear temple.”

However, other participants of the seminar, which was organised by Chulalongkorn University in Bangkok, who believe that neighbouring countries can peacefully co-exist with one another and can conduct trades smoothly with each other have reminded the seminar that the Thai people should not use Thai nationalism to overshadow peace-building and peace-maintaining with their neighbours.

Deputy Chairwoman of Chamber of Commerce of Trat province, Mrs. Duangchai Chanthorn, said that the people of the neighbouring countries want to conduct trades rather than make wars with each other.

According to Mrs. Duangchai, Thailand’s annual exports to Cambodia is worth 50 billion baht ($US1.25 billion), including border trades because the Cambodian people like the taste of the Thai products.

Both Cambodia and Thailand planned to hold talks about border disputes in Siem Reap next week.
-----------------------------------------------------
The 1962 Preah Vihear Case:

Cambodia’s complaints against Thailand: Cambodia asked the court:

1. "To adjudge and declare that the map of the Dangrek sector (Annex I to the Memorial of Cambodia) was drawn up and published in the name and on behalf of the Mixed Delimitation Commission set up by the Treaty of 13 February 1904, that it sets forth the decisions taken by the said Commission and that, by reason of that fact and also of the subsequent agreements and conduct of the Parties, it presents a treaty character;"


2. "To adjudge and declare that the frontier line between Cambodia and Thailand, in the disputed region in the neighborhood of the Temple of Preah Vihear, is that which is marked on the map of the Commission of Delimitation between Indo-China and Siam (Annex I to the Memorial of Cambodia);"


3. "To adjudge and declare that the Temple of Preah Vihear is situated in territory under the sovereignty of the Kingdom of Cambodia";


4. "To adjudge and declare that the Kingdom of Thailand is under an obligation to withdraw the detachments of armed forces it has stationed, since 1954, in Cambodian territory, in the ruins of the Temple of Preah Vihear";


5. "To adjudge and declare that the sculptures, stelae, fragments of monuments, sandstone model and ancient pottery which have been removed from the Temple by the Thai authorities since 1954 are to be returned to the Government of the Kingdom of Cambodia by the Government of Thailand.": ICJ Reports 1962,

The 1962 court judgement:

On 15th June, 1962 the court judged that:

1. "the Temple of Preah Vihear is situated in territory under the sovereignty of Cambodia;"[Cambodia's Submission 3]


2. "Thailand is under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory"; [Cambodia's Submission 4]


3. "Thailand is under an obligation to restore to Cambodia any objects of the kind specified in Cambodia's fifth Submission which may, since the date of the occupation of the Temple by Thailand in 1954, have been removed from the Temple or the Temple area by the Thai authorities.": ICJ Reports 1962, p. 36, 37. [Cambodia's Submission 5].

Thailand’s Betrayal of the 1907 Treaty

Opinion by Khmerization

1st November, 2008

“Thailand, as a neighbour of Cambodia, must realise and understand that good neighbourly co-existence is based on mutual understanding and mutual respect. Its refusal to accept and honour the mutually-agreed conventions and treaties with Cambodia will not be reciprocated with due respect from Cambodia, but will only create irreversible mistrusts and suspicions.”

Recent statements by Thailand’s director-general of the Ministry of Foreign Affairs, Mr. Varachai Plasai, are not helping the cause of the search for the solution to the current Khmer-Thai border disputes. Thailand’s stance, by the statements of Mr. Varachai, in rejection of the mutually agreed 1904 convention and the 1907 Khmer-Thai treaty, has dashed any hope of an amicable solution to the already complex Khmer-Thai border issues. On the contrary, his statements will fuel and add more diplomatic and border tensions between the two countries.

His statements: "We acknowledge the existence of the maps which are the results of the demarcation works of commission of delimitation of the boundary set up under the 1904 and 1907 treaties of Siam-France but we don't accept", and “Thailand will reject any attempt made by Cambodia to use the 1904 French map as a basis for border delimitation because according to this map, all the disputed Khmer temples are located inside Cambodia”, are clear indications that Thailand is not keen on settling the border disputes amicably and mutually, but on Thailand’s terms. Thailand has consistently reiterated that it will only agree to negotiate based on maps unilaterally drawn by Thailand. In other words, Thailand will not settle the current border disputes with Cambodia if Cambodia does not allow Thailand to keep the territories it had claimed and occupied to date. So, is peace and border solution possible between Cambodia and Thailand in the future?

Thailand, as a neighbour of Cambodia, must realise and understand that good neighbourly co-existence is based on mutual understanding and mutual respect. Its refusal to accept and honour the mutually-agreed conventions and treaties with Cambodia will not be reciprocated with due respect from Cambodia, but will only create irreversible mistrusts and suspicions.

The Khmer-Thai borderlines have been settled once and for all since 1907. The delimitation of the borders between Cambodia and Thailand have long been recognised under international law as having been once and for all settled by the findings and the works of the Franco-Siam Mixed Commission instituted and ratified by the Convention of 1904 and the Franco-Siam Treaty of March 23, 1907. Furthermore, the Franco-Siam Treaties of 1925 and 1937 as well as the adjudication of June 15, 1962 of the International Court of Justice, in which the Preah Vihear temple was adjudged to belong to Cambodia, reaffirmed the border disposition as prescribed by the works of the Franco-Siam Mixed Commission.

In regard to the current disputes, Thailand has consistently insisted that the surrounding areas in the vicinity of the Preah Vihear temple have never been delimited and that the verdict of the International Court of Justice in 1962 did not cover the issue of those surrounding areas. The notion that the areas in the vicinity of the Preah Vihear temple have not been settled is a misconception. The Cambodian ownership of the temple and the surrounding areas, deemed disputed by Thailand, has been settled once and for all by that court’s verdict. And that verdict has vindicated the Cambodian claims and render justice to the 1907 treaty. The court adjudicated that:

1. "the Temple of Preah Vihear is situated in territory under the sovereignty of Cambodia;"

2. "Thailand is under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory"

3. "Thailand is under an obligation to restore to Cambodia any objects of the kind specified in Cambodia's fifth Submission which may, since the date of the occupation of the Temple by Thailand in 1954, have been removed from the Temple or the Temple area by the Thai authorities.": ICJ Reports 1962, p. 36, 37.

The second judgement of the court was crystal clear that Thailand is under the obligation to withdraw all its forces from the temple or from “its vicinity on Cambodian territory”. As the court’s judgements were based on the maps of the 1904 and 1907 treaties, the issue of the ownership of the temple and “its vicinity” has been resolved, as the maps of the 1904-1907 treaties placed both the temple and “its vicinity” inside Cambodia.


Thailand has long claimed that Franco-Siam treaty of 1904-1907 has always been in favour of Cambodia to the detriment of Thailand’s territorial integrity. The same was said by Cambodia, as evident by king Sisowath’s letter of protest to the French Governor in 1906. King Sisowath demanded the return of all Khmer provinces occupied by Siam by which he said “We insist on the former natural limits of the Khmer Kingdom which, prior to the Siamese invasion, included on Siam’s side the provinces of Battambang, Siem Reap, Stung Treng, Tonle Ropov, M’lou Prey, Kuckhan [currently known as Sisaket], Prey Sar, Soren [Surin], Sankeac [Sangka], Neang Rong, Nokoreach Seima (Korat), beyond the Phnom Dangrek Mountain, Koh Kong, Krat and Chantabor (Chantaboun [Chantaburi]) touching upon Bacnam and the Kingdom of Champassac (Passac). All these provinces are still populated by Cambodians and they preserve their absolute Khmer patriotism.”

Contrary to Mr. Varachai’s comments and in respect to international laws, maps from the 1904, 1907 treaties should be used as a basis for the settlement of border disputes between Thailand and Cambodia because they are the only internationally-recognised treaties as they were agreed, signed and ratified by both countries. Furthermore, they were vindicated and rendered justice by the International Court of Justice in 1962.

Thailand’s insistence on the use of maps unilaterally drawn by Thailand, without Cambodia’s agreement, is against the spirit of good neighbourly respect and contrary to international laws. Those maps have no legal basis under international laws. Under any circumstances, Cambodia should never agree to use maps unilaterally drawn by Thailand as a basis for the negotiations. If the 1904, 1907 maps were not used, and instead the maps unilaterally drawn by Thailand were used, it would be a betrayal of the treaties and a tragedy as it will set a precedent because it will trigger future violations of subsequent treaties.

So, if Thailand is intransigently insisting on using the maps unilaterally drawn by Thailand itself, will there ever be an agreement and peace at all? If that is the case, is there any room for Cambodia to manoeuvre in the negotiations? If Thailand does not conform to international laws by accepting the internationally-recognised treaties of 1904, 1907 treaties, the Khmer-Thai border disputes will become a quagmire and result in future deadly armed conflicts as what has happened on the 15th of October. And that would be a tragedy in the Khmer-Thai relations. No one single country, but both countries, will lose from these insignificant and petty disputes.

Thailand has been taught a good lesson

Opinion by Khmerization
17th October 2008

“The Thai need to be taught a good lesson. Without any kinds of reactions, actions or resistance, the Thai would just step on our heads. Thai troops have encroached on Cambodian territories in many areas since July. If these sorts of actions were taken by the Cambodian leadership and the military in July, the Thai would not have occupied the Preah Vihear until today.”

The fighting between Cambodian and Thai troops in the vicinity of Preah Vihear temple on Wednesday the 15th of October has taught Thailand one lesson, that Cambodia’s patience has its limits and that Thailand’s bullying and standover tactic can result in deadly consequences.

The fighting, which surely provoked by Thailand’s continued encroachments on Cambodian sovereignty and territorial integrity, have left 3 Cambodian soldiers dead and two wounded and, if the Cambodian claims are to be believed, at least between 5 to 12 Thai soldiers were killed, 5 wounded and 13 captured.

In any wars, it is the fighters on the ground who will bear the greatest brunt and their bereaved families who will be scarred for years to come. Their deaths are always regrettable but, in this case, they died as heroes because they were fighting to defend their nation against foreign aggressors.

Coming back to the fighting, although I regretted that it has happened, I also applaud the actions of the Cambodian fighters who have put their life on the lines to defend the Cambodian nation. They have sacrificed their life protecting their country against foreign invaders. The Thai need to be taught a good lesson. Without any kinds of reactions, actions or resistance, the Thai would just step on our heads. Thai troops have encroached on Cambodian territories in many areas since July. If these sorts of actions were taken by the Cambodian leadership and the military in July, the Thai would not have occupied the Preah Vihear until today. And one would wonder why, after the area has been re-occupied by Cambodian troops after the Wednesday fighting, that the Thai are allowed to re-occupied it again is beyond comprehension. Is it because the Cambodian leaders have been intimidated by the superiority of Thai military and therefore are terrified of them?

After those clashes on Wednesday I bet that the Thai would not dare to mess around with Cambodia any longer as they have done in the past. They have looked down on the Cambodian troops, they have psychologically, and even physically, intimidated them. There is a saying that a dog, when cornered, will bite back. This was the case with the Cambodian soldiers on Wednesday. They have been provoked, intimidated with artilleries and aircrafts reconnaissance and even with troops numbers. And because of their military superiority, the Thai have provoked a fight by crossing the borderlines into Cambodian territories. The Cambodian soldiers have been provoked, cornered and so they were left with no choice but to fight back.

I am not an advocate of wars in order to resolve conflict. I am for peaceful resolution. But I would advocate that in the future, if Thai troops continue to cross into Cambodian territories, these sorts of encroachments must be vehemently met with armed resistance. Defending one’s own nation is a noble cause and therefore using armed resistance to deter foreign invasion is acceptable. And the Thai must be taught a good lesson for their bad boy and bullish behaviours.
The clashes on Wednesday was a victory for Cambodia. Even though the clashes might be considered as a Pyrrhic victory for Cambodia due to three deaths, but Cambodia has achieved its aim, and that is to deter future Thai encroachments. Mission accomplished!//

PM Hun Sen warned Thailand: withdraw or face a ‘Death Zone’

Opinion by Khmerization

14th October, 2008

I advocate that some sorts of strong diplomatic, and to a certain extent, strong military pressures, be exerted on Thailand. By saying this I mean that, should Thailand refuse to withdraw its troops, some sorts of armed clash should occur, especially at Ta Moan Thom, Ta Krabey and Phnom Trop. And any attempts by Thai troops to cross into Cambodian territories in the future must be met with armed resistance. These sorts of actions are the effective deterrence against future encroachments, as has been proven by the actions of the Laotian troops.

At long last PM Hun Sen has done what should be done a long time ago, and that is warning Thailand of a 'death zone'. The strong reactions displayed by Mr. Hun Sen and that of Foreign Minister Hor Namhong in the face of continued territorial violations by Thailand and its refusal to withdraw troops from Cambodian territories are signs that the Cambodian patience is wearing thin and that Mr. Hun Sen is stepping in the right directions and his strong statements against Thailand’s aggression should be wholeheartedly welcomed by all Cambodians from all political persuasions.

I have been advocating for a strong reaction for sometimes to these Thai flagrant and gross violations of Cambodian sovereignty and territorial integrity. In the face of renewed and continued violations and Thai intransigence, Cambodia must send a strong message to Thailand that its actions could no longer be tolerated by Cambodia.

Since Cambodia’s inactions and, to a certain extent, frightened reactions, to the first Thai invasion of the Preah Vihear area on 15th of July 2008, Thailand has been waging a campaign of relentless violations of Cambodian territories without any attempts to resist those violations from the Cambodia troops. Preah Vihear, Ta Moan Thom, Ta Krabey, O’plok Damrey in Pursat, Veal Indri at Phnom Trop and as recently as a few days ago, a Buddhist pagoda at Rumchet at Choam Ksan of the Golden Triangle between Laos, Thailand and Cambodia’s borders have been encroached by Thailand. These sorts of violations must not be allowed to go unchallenged. They must be stopped at all cost.

I, and I hope that other compatriots, have also said in the past that the continuation of bilateral talks with Thailand will produce no results because Thailand was not and has never been sincere in its talks with Cambodia, as was evident in the many fruitless bilateral talks in the past. Thailand came to the negotiating tables just to appease Cambodia and the UN Security Council not to get involved. The same will happen with the future meetings that were agreed on Monday. The only solutions Thailand want out of the meetings are that Cambodia must agree to give ownership to Thailand all the territories it has claimed and occupied.

If Cambodia does not resort to using force to deter future encroachments, Thailand will continue to encroach at its free will. And unless Cambodia will seek international involvements, or by using force to push Thai troops out, Thailand will never withdraw from the Cambodian territories that they have occupied and the Thai occupation of those territories will be a fait accompli.

Cambodia might be no match for Thailand militarily. The same can be said of Laos. But Laos has taught Thailand a lesson at the battle of Ban Romklao in 1989 when nearly 600 Thai troops were massacred by Laotian troops during the fighting for the control of that village. Since then, Thailand never mess around with Laos anymore. And a few days ago Laotian troops had fired on a group of Thai soldiers trying to trespass Laotian territories. The Thai troops withdrew in split seconds.

In drawing an analogy with the Laotian situation, Cambodia should employ the same actions a long time ago, when Thailand first sent in their troops to invade Preah Vihear. If Cambodia was firm then, encroachments at Ta Moan Thom, Ta Krabey, O’plok Damrey and Veal Indri at Phnom Trop would never have happened.

In summing up this editorial, I advocate that some sorts of strong diplomatic, and to a certain extent, strong military pressures, be exerted on Thailand. By saying this I mean that, should Thailand refuse to withdraw its troops, some sorts of armed clash should occur, especially at Ta Moan Thom, Ta Krabey and Phnom Trop. And any attempts by Thai troops to cross into Cambodian territories in the future must be met with armed resistance. These sorts of actions are the effective deterrence against future encroachments, as has been proven by the actions of the Laotian troops.

Military confrontations between Khmer and Thai troops are increasingly tense

A Khmer soldier (R) carrying a B-40 rocket launcher while a Thai soldier sitting at left looked on on 7th October, 2008 near Preah Vihear temple.

Radio Free Asia By Sav Yuth
11th October, 2008
Translated from Khmer by Khmerization

The military confrontations between Khmer and Thai troops in the disputed areas of Preah Vihear are increasingly tense as both sides are in fighting mode in anticipation of the ministerial meeting between the two countries.

Villagers who live at the foot of the mountain near Preah Vihear temple have said on the 11th October that they have seen Khmer and Thai troops had dug trenches since Friday until Saturday in anticipation of the break out of fighting.

Villagers said that pregnant women and children were starting to leave their houses and at night time they climb up to sleep at the top of the mountain near the Preah Vihear temple due to anticipation of the break out of fighting.

One villager said: “The Khmer and Thai sides are digging their trenches since morning until night time. Some villagers have left because they are scared.”

But commander of the intervention forces of Division 12 based in Preah Vihear, Gen. Srey Doeuk, said on the morning of Saturday that the military situation there is still calm.

The commander said that on the morning of Friday there was one Thai jet fighter which flew three times in reconnaissance but he added that Khmer troops are not scared of this intimidation.

Gen. Srey Doeuk said: “There is no change. The situations are still the same as when you were here. The jet fighter has flown from east to west, west to east three times. We have monitored the flight but there was nothing happened. They can fly as many times as they like but we are not afraid one bit.”

The situation in the areas became tense on the 8th of October when Khmer troops spotted the Thai side transported three artillery guns to the frontline and at night they heard Thai military trucks transported more troops to the areas.

At Prolean Indri (Eagle Field), where the fighting broke out recently at Phnom Trop, the Cambodian troops are on high alert. Deputy commander of Division 43 based in the areas, Col. Bun Thean, said: “We are still on high alert. But we have not seen anything happen yet. We are constantly monitoring the movements of the Thai troops. They dare not to violate us like before, like in the frontline of Phnom Trop they have constantly made contacts with us. Now they are the one who is asking to meet us. We only meet them when they asked to meet us.”

Between the 3rd and 8 October one Khmer and four Thai soldiers were injured during the armed clash and mine explosions at Prolean Indri at Phnom Trop.//

Thailand increased troop deployments along the borders

Thai troops are camping near the Preah Vihear temple on the 8th of October, 2008.

Radio Free Asia By Sophal Mony
10th October, 2008
Translated from Khmer by Khmerization

The Cambodian authority has said that Thailand has increased troop deployments along the Khmer-Thai borders in the Preah Vihear regions.

Deputy Police Commissioner of Banteay Meanchey province, Mr. Sam Chith, said on the 10th October that the Thai side has stealthily deployed troops in the middle of the night and on the night of Wednesday the 8th October there were about 80 black-clad and paramilitary troops had been deployed as a reinforcement.

Mr. Sam Chith said: “They have deployed 80 more black-clad and paramilitary troops. But they deployed them about 20 kilometres from here, somewhere in Thmor Puok district….from the north of Boeng Trokuon to the north of the Dangrek Ranges.”

The Thai deployments have been increased due to the recent fighting after Thai troops had violated Cambodian territorial integrity and mine explosions which injured two Thai soldiers at Phnom Trop in Preah Vihear province.

Khmer border guards said that the Thai side has continuously deployed troops at night time along the areas of the north western provinces.

Captain Liv Sipha, deputy commissioner of the military police of Battambang province stationed at Samlaut district, said that the situation along the Khmer-Thai borders in Battambang province is normal and the Khmer and Thai side still have cordial contacts with each other.

Captain Liv Sipha said: “All the borderlines in Pailin and Battambang have no problem. Nothing has changed. in short, the situation from Poipet to Pailin and as far as Koh Kong we don’t have any problems.”

Since fighting broke out in Preah Vihear on Friday the 3rd of October, villagers at Boeng Trokoun and other border areas are afraid to leave their houses due to fears. But reports on this Friday have said that the fears among the villagers in border areas had been subsided. One villager said: “There is no problem. People are still crossing the borders to work on the potato and sugarcane farms (in Thailand) as normal. They slept in their huts along the Thai paddies. When the fighting broke out there were fears among these people, but now everything has returned to normal.”

Villagers and border guards who live along the borders said that even though there is no armed confrontation there they are still worried. They said that they are waiting for the results of the Khmer-Thai ministerial meeting on the 13th of October, 2008.//

Thailand Wants A Piece Of The Preah Vihear Cake

Opinion by Khmerization
28th August 2008

“When Mr. Samak was talking about “promoting tourism at Preah Vihear temple”, he was talking about sharing the Preah Vihear tourist dollars between Cambodia and Thailand. This is an insult to injury and a double robbery because while the issue of “Thai occupation” of the Preah Vihear areas had not been resolved, Thailand now turned its attention to acquiring benefits from the Preah Vihear temple.”

The recent agreement between Defence Minister Tea Banh and Thai PM, Samak, to develop tourist areas at Preah Vihear is a cause for concern. It is a cause for concern because, after numerous negotiations, the issue of Thai occupation of areas around Preah Vihear has still not been resolved and the control of the areas has not been transferred to Cambodia.

The Thai tactics now is to divert the attention from the real issue of territorial integrity and territorial disputes into the issue of mutual tourism promotion. Cambodia must not fall into this trap. Cambodia must stick to the issue of total Thai troop withdrawal from the “occupied zone” first before agreeing to any tourism co-operation in the areas.

While the ownership of the so-called “disputed zone” has not been established, the proposed “tourist site” would see Cambodia’s territorial integrity eroded as the proposed site, which will be the so-called “disputed zone”, is a Cambodian territory.

Cambodia should only agree to develop a tourist site or a garden of peace, as some have suggested, only when the “occupied territories” at Preah Vihear have been transferred to Cambodian control. To agree to build a garden of peace or tourist site there before the transfer of the ownership of the areas to Cambodia would be tantamount to conceding Cambodia’s territorial integrity to Thailand.

Cambodia must not be so naïve about the Thai proposal, but must be wary about Thailand’s real intention, and that is it wants a piece of the Preah Vihear cake. Mr. Samak’s statement of “territorial problems which cannot be resolved by now will be left for negotiations later” must be viewed with suspicion. That kind of statement has its connotation. It means that the territorial issues at the so-called “disputed zone” at Preah Vihear and the Ta Moan temples “will be left for negotiations later”. What Thailand wants to concentrate now is to “promote tourism at Preah Vihear temple”. Cambodia must be wary about this Thai proposal. Cambodia must be mindful that Preah Vihear temple is a Cambodian temple and that promoting tourism should be the exclusive rights of Cambodia and that all tourist revenue should be the sole benefits of Cambodia. It must not be shared with Thailand.

When Mr. Samak was talking about “promoting tourism at Preah Vihear temple”, he was talking about sharing the Preah Vihear tourist dollars between Cambodia and Thailand. This is an insult to injury and a double robbery because while the issue of “Thai occupation” of the Preah Vihear areas had not been resolved, Thailand now turned its attention to acquiring benefits from the Preah Vihear temple. As I said earlier, any tourism co-operation with Thailand should only happen when the “occupied zone” has been transferred to Cambodian control. To agree to develop the areas before the ownership of the “occupied areas” was established would be tantamount to conceding Cambodia’s territorial integrity to Thailand.

On a footnote to this editorial, I wish to congratulate PM Hun Sen’s initiative of giving lands to the families of landless soldiers who are stationed on the borders to protect our borders. The PM’s initiative should be supported wholeheartedly. But, like Mr. Cheam Channy said, I am concerned that the military leaders might take advantage of this policy by distributing the lands or good lands to themselves and their families. The Cambodian government, if it wants this policy to be implemented properly and equitably, must devise a mechanism to ensure that the lands should only be given to the landless soldiers and that rich military leaders are not eligible to receive any land concessions at all.

The Great Wall Of Preah Vihear

Opinion by Khmerization

25th August 2008

“Cambodia, as a sovereign nation, must plan the future of Preah Vihear alone for the good and the benefits of Preah Vihear and Cambodia, regardless of whether Thailand agreeing with the ideas or not. This includes the building of a Berlin-style wall or even the Great Wall of Preah Vihear that is comparable to the Great Wall of China.”

It was said that the Great Wall of China was built more than 2200 years ago (220-200 BC) to protect China from the invasion of Xiongnu- a confederation populated by the nomadic tribes which was consisted of the Hunnic tribes, who were said to be the ancestors of the present day Mongolian people. By the same token, with the Thai making a journey eastward by pushing its borders deep inside Cambodia, in particular around the Preah Vihear and Ta Moan temple areas, Cambodia’s plans to build a Berlin-style wall is a great idea indeed.

This is the 21st century and to some fair-minded people, the idea of building a wall to shut off foreign invaders or encroachers is too extreme. But with Cambodia’s borders being chipped away on a constant basis by our neighbours, it is imperative and appropriate for Cambodia to do everything possible to protect its borders from being encroached by our greedy neighbours, including going into extreme like building a Berlin-style wall.

The gate to Preah Vihear temple from the Thai side should be shut off permanently with the Berlin-style or the Israeli-style concrete walls which were built to fence off the attacks from the Palestinian extremists. Cambodia should encourage private and foreign investors to invest heavily in the Preah Vihear areas by offering them incentives and concessions in order to develop tourist facilities.

Road-building, proposals for cable cars and hospital buildings are ideas that are very encouraging. Access to the Preah Vihear temple from the Cambodian side is essential for the developments and the growth of Preah Vihear. If Preah Vihear remains dependent on access from Thailand, Cambodia and, to a larger extent, Preah Vihear temple will always be at the mercy of Thailand.

I predict a bleak future for the solutions of the Preah Vihear and Ta Moan temples that are favourable to Cambodia. The solutions to the Preah Vihear and Ta Moan temples can only be achieved to the benefits of Thailand. With four negotiations taken place and the status quo still remain, the solutions are nowhere in sight, the situation remain as volatile as ever and the status quo remained unpredictable, the Cambodian people can only be pessimistic. With this scenario in mind, Cambodia must not be too complacent and lethargic about the Preah Vihear issue. On the contrary, Cambodia must be forceful, vigilant and pro-active by taking the initiatives, and not waiting for Thailand to make an offer.

Cambodia must be mindful and wake up to the facts that, with three negotiations that have failed to produce any outcomes so far, the Thai tactics in successfully manipulating the negotiation processes toward their advantages by hijacking the agenda of the negotiations, are aimed at prolonging the Thai occupation until such time a solution that is favourable to Thailand can be reached. So, Cambodia, as a sovereign nation, must plan the future of Preah Vihear alone for the good and the benefits of Preah Vihear and Cambodia, regardless of whether Thailand agreeing with the ideas or not. This includes the building of a Berlin-style wall or even the Great Wall of Preah Vihear that is comparable to the Great Wall of China.

When Thailand Cries Wolf

Opinion by Khmerization
2nd August 2008

“Thailand has come to the negotiations because it has no choice due to international condemnation but most importantly, it came to the negotiating table as a mean to buy time and prolong the occupation until such time Cambodia agrees to share the areas or partitioning the lands.”

The editorial “When Cambodia Cries Wolf” published in Thailand’s The Nation newspaper on 1st of August deserves my attention and warrants my strong response. As someone who believe in the truth, not the twisted truth, such an unfair comment should not be allowed to go unchallenged. And hence, comes my following response.

“Cambodia knows exactly when and where to hit Thailand to inflict the most pain to its neighbour to the east. Repeated attempts by Phnom Penh to raise the Preah Vihear dispute in the international level in forums such as the United Nations and the Non-Aligned Movement shows a lack of sincerity and ill intentions.” The Nation

With such a truth twisted by the article in The Nation newspaper above, one could not let it goes without a response. Thailand, as an invader, cannot cry foul when it comes to the issue of Preah Vihear. The world, in particular Thailand, knew full well that Preah Vihear was and is the exclusive property of Cambodia. The documents and maps from the 1904 and 1907 treaty, signed between Cambodia and Thailand, showed clearly that Preah Vihear temple and the so-called “overlapping area” are located inside Cambodian territories. And hence, Thailand has no right whatsoever regarding the affairs of Preah Vihear.

Even though Preah Vihear temple is an exclusive property of Cambodia, Cambodia has shown sincerity and good intentions all along. It has showed goodwill by agreeing to consult with Thailand about the listing of the temple. Cambodia was very patient when Thailand twice blocked the listing of Preah Vihear.

So, talking about the lack of sincerity and ill intentions, The Nation cannot say it better than that, but it should be said of Thailand rather than of Cambodia. Thailand has shown its lack of sincerity all along. It has blocked Cambodia’s attempt to list the Preah Vihear temple twice, in 2006 and 2007. Thailand has back-flipped on its decision to support the listing of Preah Vihear on several occasions. It signed a joint communiqué with Cambodia to support the listing and then withdrew it. Is this what The Nation called sincerity and good intention?

And what sincerity and good intentions has Thailand shown to Cambodia when it sent its troops to invade the Cambodian territories in the Preah Vihear area? The Nation was talking about resolving the Preah Vihear issue “in an amicable way without being aggressive”. The author cannot say it better, but again, it should be referred to Thailand’s belligerent and aggressive behaviour of sending in the troops to occupy Cambodian territories. The “amicable way” to resolve the dispute had not been taken by Thailand when it flexed its military might and muscles after it sent the troops to occupy a Buddhist temple and a Cambodian village with over 900 villagers living, by terrorizing them into fleeing en masse. On the other hand, Cambodia had chosen to resolve the Thai invasion “in an amicable way” by not ordering its troops to open fire and by trying to engage Thailand diplomatically to peacefully resolve the issue. But up until now Thailand has steadfastly refused to withdraw its troops. Any other countries would have gone to the UN Security Council or the World Court already.

The article also envisaged a solution within the ASEAN framework and not trying to internationalise the issue. Cambodia is a member of ASEAN and when this grouping refused to heed Cambodia’s call for help, Cambodia has the right to seek other venue to for help and in this case the UN which Cambodia is also a member. Thailand has successfully blocked ASEAN from stepping in and it opposed taking the issue to the UN as it did not want the issue internationalised. Thailand knew full well that it had encroached on Cambodian territories in many places along the border. Thailand is opposed to the Internationalisation of the issue because it would expose more of Thai encroachments. This is what Thailand did not want.

Cambodia did not need to tarnish Thailand’s reputation. Thailand’s own action regrading the Preah Vihear issue will tarnish Thailand’s reputation by itself.

By not taking the issue of Thailand’s invasion to the UN Security Council, Cambodia has shown its goodwill, sincerity and good intentions. Up until now, Thailand has shown nothing of sort. Thailand still refused to withdraw its troops. Thailand has come to the negotiations because it has no choice due to international condemnation but most importantly, it came to the negotiating table as a mean to buy time and prolong the occupation until such time Cambodia agrees to share the areas or partitioning the lands.

Cambodia should not play this game of a diplomatic hide-and-seek with Thailand any longer. Cambodia must stop negotiating with Thailand and take the issue of Thai invasion to the UN Security Council if Thailand still refuse to make a full and complete withdrawal. The two negotiations in the past were games played by Thailand to buy time and prolong the occupation until the international community lost interests in the issue and then the Thai occupation would become a fait accompli. This is the outcome that Thailand would hope for by playing a diplomatic hide-and-seek with Cambodia. Cambodia must not allow itself to fall into Thailand’s trap.//

---------------
1. Related article: Who's The Crying Wolf?

Preah Vihear Is A Victim Of Thailand’s Political Crisis And Khmer Weakness

Editorial by Khmerization

“Cambodia must send strong and unequivocal messages to Thailand and the world that Thailand’s occupation of the so-called “disputed zone” is unacceptable and is a fragrant violation of Cambodia’s sovereignty and territorial integrity and that Thailand must withdraw its troops immediately and unconditionally before any negotiation will take place regarding the border disputes.”

The Thai invasion of Preah Vihear should serve as a lesson for Khmer leaders to pay more attention to national interests rather than personal interests. It was the complacency and the carelessness of the Cambodian leaders which enabled the Thai to occupy the so-called “disputed zone” without any attempt to stop them. The Preah Vihear temple has become a casualty of Thai political crisis. The Cambodian leaders knew full well that the People’s Alliance of Democrats (PAD) were using the listing of Preah Vihear issue to score an internal Thai political points against the Samak government by stirring up nationalistic emotions amongst the general Thai population that the Samak government is selling out to Cambodia. They have threatened to storm the Preah Vihear temple and some Thai people even staged a protest in front of the Preah Vihear temple. Yet the Cambodia government did not reinforce the border guards or put in place a strong border protection. If Cambodia had stationed enough troops, may be around 200 soldiers, at the disputes zone, then the original 20-40 Thai troops sent to retrieve the three Thai protesters arrested by Cambodian border guards for trespassing on Cambodian soil, would not have dared to cross the border to occupy the disputed zone.

On top of this, Cambodia’s conflicting and contradictory messages to Thailand, and to a certain extent to the international community, undermine Cambodia’s position regarding the dispute. Cambodia appeared to be very soft with Thailand. First it requested for the Thai withdrawal but then sent a confusing reconciliatory message to Thailand that the dispute would be solved by peaceful means where all troops are to stay where they are now. Cambodia also sent very contradictory messages to ASEAN and the UN by saying that “ the situation is on the brink of war” but at the same time Cambodia told them that it will not resort to resolve the dispute through military actions. These sorts of confusing and conflicting messages from Cambodia make the ASEAN and the UN think that the situation is not grave enough to warrant to their serious attention.

Cambodia must send strong and unequivocal messages to Thailand and the world that Thailand’s occupation of the so-called “disputed zone” is unacceptable and is a fragrant violation of Cambodia’s sovereignty and territorial integrity and that Thailand must withdraw its troops immediately and unconditionally before any negotiation will take place regarding the border disputes. Cambodia’s weakness and the contradictory and confusing messages it sent to the Thai side and the international community will be Cambodia’s failure in its claims to the ownership of the so-called “overlapping area”. I can see the gloom and doom for Cambodia’s claims to the ownership of this area. And the Thai occupation is irreversible and a fait accompli, unless Cambodia makes substantial concessions to Thailand regarding the territorial claims surrounding the Preah Vihear precinct. This is my prediction.//

The Preah Vihear Failed Talk: Which Country Will Benefit?

Editorial by Khmerization

“The longer the negotiation drags on, the better Thailand would position itself and the more international community would lose momentum and interests in the conflict. If this is to happen, Cambodia would have an uphill battle to win this dispute diplomatically and, to a certain extent, legally. Cambodia must move forward very quickly in its diplomatic drives in order to keep this issue on the ASEAN and UN agenda. To vacillate any action would give Thailand an advantageous edge and that would be a suicide for Cambodia.”

As I have predicted, the Preah Vihear talk in Sakeo on Monday, the 21st of July, had ended where it had begun and failed miserably. The primary reason was the failure of the Thai side to recognise the 1904 and 1907 treaty between the two countries. I am not surprised with the failure as the negotiation had ended the way I had predicted it would end. What I am surprised was that the Cambodian chief negotiator, Gen. Tea Banh, did not insist on the Thai withdrawal from the occupied zone first as a condition for any further negotiation.(Read full details of the talk here).

Cambodia cannot negotiate with Thailand while the guns were pointing at its head. For any meaningful negotiation to take place, the occupied Thai forces have to be withdrawn to the pre-occupation period and that is pre-15th July. The glorious achievement, as both sides have excitedly declared, was the agreement to keep both forces where they are now without engaging in any military actions. This agreement is an insult to the intelligence of the Cambodian people as it will benefit Thailand greatly because they are the occupying forces and therefore, when they are allowed to stay in the area they had militarily occupied, it means that they have achieved their original aims, which were to occupy and remain in that zone.

Cambodia had been tricked to agree to allow Thai forces to remain in the disputed zone. To agree to leave the forces where they are now is tantamount to recognising the de factoThai occupation of the area.

Cambodia cannot be complacent about the Thai tactic. Thailand would want to prolong the negotiation so it can solidify its position in the eyes of the international community. The longer the negotiation drags on, the better Thailand would position itself and the more international community would lose momentum and interests in the conflict. If this is to happen, Cambodia would have an uphill battle to win this dispute diplomatically and, to a certain extent, legally. Cambodia must move forward very quickly in its diplomatic drives in order to keep this issue on the ASEAN and UN agenda. To vacillate any action would give Thailand an advantageous edge and that would be a suicide for Cambodia.

Cambodia had taken the first positive step when Foreign Minister Hor Namhong accepted the offer of mediation from ASEAN, after the talk had failed. Next, if the ASEAN mediation failed, Cambodia must not hesitate in bringing this issue to the UN Security Council. If the UN mediation failed, the next step would be the International Court of Justice in The Hague.

Coming back to the negotiation, I would suggest that Cambodia discontinues its negotiation with Thailand any further because it is a game that Thailand had used to appease Cambodia and world opinion. It is Thailand’s tactic to win international opinion and to prolong its occupation of the “disputed zone”. Cambodia should negotiate with Thailand only after Thailand had withdrawn its troops from the occupied zone. On top of this, any negotiation to settle any border disputes with Thailand must be based on the maps of the 1904 and 1907 treaty between the two countries because it is the only treaty that Cambodia and Thailand had ever concluded. To use any other maps would be against international practices and is tantamount to surrendering Cambodia’s sovereignty and territorial integrity to Thailand. Cambodia must be firm on this.//

The Preah Vihear Conflict: What Is The Solution?

Editorial by Khmerization

“First, Cambodia should invite the foreign diplomatic and international press corps to visit the conflict zone in order to win international opinion to its crusade. Secondly, Cambodia should use the upcoming talks with Thailand to press for a total Thai withdrawal from the conflict zone. Thirdly, if that fails, Cambodia can take this matter to the Association of South East Asian Nations’ (ASEAN) Forum, which both Cambodia and Thailand are members. The ASEAN Charter has a policy of non-interference and non-aggression between member states. Fourthly, if ASEAN fails to mediate a satisfactory outcome, Cambodia can take the next step which is referring this conflict to the UN Security Council to mediate. And fifthly and finally, if all else fail, Cambodia can take Thailand to the International Court of Justice like in 1962.”

Thailand’s invasion and occupation of the so-called “overlapping area” in the Preah Vihear precinct has entered its fifth day and there is no sign of it ending very soon. On the contrary, the situation is worsening by the day and both sides, Cambodia and Thailand, are dangerously reinforcing and building up their troops numbers to boost up their bargaining powers at the upcoming talks on the conflict which will be held in Thailand’s Sakeo province on Monday. I can confidently predict that the Monday meeting will not produce any results. The meeting will be a chance of finger-pointing, accusations and counter-accusations. The Cambodian side will demand a total Thai withdrawal and likewise, the Thai side will demand a total Cambodian troop withdrawal, including the evacuation of villagers who settled in the zone for years, before Thailand will agree to any withdrawal. At the end, the meeting will be an impasse, unless one side makes a concession, which is likely to be the Cambodian side. (Full details on the Thai incursion at Preah Vihear).

The Thai occupation of the Preah Vihear precinct at this time is reminiscent of the 1950s’ Thai occupation of the Preah Vihear temple, which ended with the decision of the International Court of Justice (ICJ) that adjudicated to give the ownership of the temple to Cambodia in 1962. At that time, like now, the pretext for the Thai occupation of the temple was, after reviewing the maps, Thailand assumed that the temple was situated on Thai soil.

Cambodia and Thailand had only one border treaty, which is the 1907 treaty. The documents and maps of the 1907 treaty showed clearly that the Preah Vihear temple and its surrounding areas fall under Cambodia’s sovereignty. On top of this, the International Court of Justice in The Hague adjudged to give the whole Preah Vihear precinct to Cambodia in 1962. So, the ownership of the Preah Vihear temple and its precinct is unquestionably Cambodian.

Now, what is the solution to end the present Thai occupation of the Preah Vihear precinct?

Cambodia, beside military prowess, has all the advantages over Thailand, under international laws and conventions, to prove the ownership of this so-called “overlapping area” under the 1907 treaty and the ICJ‘s decision in 1962. With this in mind, Cambodia must embark on a crusade of international diplomacy for a peaceful resolution to this Thai-made crisis. Cambodia could use the scenario below in which to go about resolving this crisis peacefully.

First, Cambodia should invite the foreign diplomatic and international press corps to visit the conflict zone in order to win international opinion to its crusade. Secondly, Cambodia should use the upcoming talks with Thailand to press for a total Thai withdrawal from the conflict zone. Thirdly, if that fails, Cambodia can take this matter to the Association of South East Asian Nations’ (ASEAN) Forum, which both Cambodia and Thailand are members. The ASEAN Charter has a policy of non-interference and non-aggression between member states. Fourthly, if ASEAN fails to mediate a satisfactory outcome, Cambodia can take the next step which is referring this conflict to the UN Security Council to mediate. And fifthly and finally, if all else fail, Cambodia can take Thailand to the International Court of Justice like in 1962.

My predicted outcome to a peaceful ending of this conflict, that is acceptable to Thailand, would be a two pronged resolution. Thailand, without a doubt, would want to claim total sovereignty over this area and will never accept anything less than half of the 4.6 square kilometres “disputed zone”. So, the first solution for Cambodia is, if it wants a peaceful co-existence with Thailand in the future, it has to agree to a partition of this parcel of the lands. But Cambodia, as a proud and sovereign nation, would be a fool to accept this solution. The second solution would be the judgement of the International Court of Justice, like the 1962 case.

Thailand had never gotten over its wounded pride with the loss of Preah Vihear in 1962. One would not expect Thailand to allow this case to go to that court one more time that can make them lose face and territories further. Many Cambodians believe that, if the 1907 treaty was to be re-examined, Cambodia would see that its territories would have been encroached significantly by Thailand. A re-examination of the 1907 treaty by the International Court of Justice would see Thailand losing more territories.

Finally, I, and I would like to think that many of my Cambodian compatriots, would hope to see a peaceful ending to this conflict, preferably ending with an irreversible and binding decision of the International Court of Justice like the 1962 court case, so that this saga is resolved once and for all.//
--------------------------
1. Read previous editorial on Preah Vihear: Thailand's Aggression
2. Pictures of new troop movements from both sides: Cambodian-Thai troops.

Thailand’s Aggression Over Preah Vihear And Their Rewriting The History Of Battambang and Siem Reap

Editorial by Khmerization

“By applying to list only the temple body, the Cambodian government has acknowledged the existence of a “disputed zone” and has effectively given Thailand ammunitions in which to fight for the sovereignty of that zone. The Thai incursion into Cambodia’s territories is a sheer violation of Cambodian sovereignty and territorial integrity and it is a blatant aggression and an invasion.”

A while back I wrote in my editorials expressing my fears of Cambodia losing the sovereignty of the 4.6 square kilometres of the so-called “disputed zone” in the Preah Vihear precinct to Thailand. Now, with the Thai sending in the troops to occupy that zone, my fears have been realised. By applying to list only the temple body, the Cambodian government has acknowledged the existence of a “disputed zone” and has effectively given Thailand ammunitions in which to fight for the sovereignty of that zone. The Thai incursion into Cambodia’s territories is a sheer violation of Cambodian sovereignty and territorial integrity and it is a blatant aggression and an invasion. (Full details here).

From a Cambodian perspective, with the Thai refusing to withdraw the troops and with the Cambodian villagers being terrorised to flee this village en masse, the Thai occupation of this so-called “disputed zone” is a fait accompli. For those who were belatedly and proudly claimed that “Cambodia will lose nothing”, the likes of PM Hun Sen, Deputy PM’s Sok An and Hor Namhong and their proponents, they should hang their heads in shame and do the honourable thing by resigning.

Cambodia must not be complacent over the issue of these significant national interests and it must do everything to publicise this Thai invasion of Preah Vihear to the world in a grand scale to expose the Thai flagrant disregards for Cambodia’s sovereignty. Cambodia must bring out all the documents and maps related to the Preah Vihear temple and put them on the negotiating table for the Thai side to see. If need be, should Thailand fails to acknowledge the historical facts, Cambodia should involve outside mediation, based on historical facts. And if necessary, Cambodia should not vacillate in bringing Thailand to the International Court of Justice one more time.

Cambodia must vehemently reject the proposition and the notion of sharing this zone with Thailand. Cambodia must be firm in any future negotiations with Thailand, not just on this so-called “disputed zone”, but on border disputes in other areas as well. Cambodia has all the relevant documents and maps from the 1907 treaty and then again the decision of the International Court of Justice in 1962, to prove that the “zone” belongs to Cambodia.

The Thai ignorance of the historical facts regarding territorial claims between the two countries cannot be allowed to go on unchallenged. A week ago, the Thai protesters have called for a return of Battambang (Phra Tabong in Thai), Siem Reap and Preah Vihear provinces to Thailand, by claiming that they were once Thai territories. (Full details here).

Well, the Thai should know the history of their presence in that part of the region very well. They must know that they only moved from Nan Chao in southern China to settle in this region in the 13th century, while the Cambodians had settled in the region for more than 2000 years ago. And as recently as the late 18th century (1796?), Thailand had invaded and claimed suzerainty over more than 10 Cambodian provinces. Battambang and Siem Reap have been occupied by Thailand, then called Siam, in 1796(?) and were only returned to Cambodia in 1904 under the French pressure and in exchange for a return of the provinces of Trat and Buriram to Thailand. Other Cambodian provinces, like Surin, Kok Khan (now called Sisaket), Nokor Reach (Korat), Srah Keo (Sakeo), Baschem Borei (Prachinburi), Cholaborei (Chonburi), Aranya Protess (Aranyaprathet), Kanchanak Borei (Kanachanburi), Chanthak Borei (Chanthaburi) and Boeng Kork (Bangkok) and even up to the Ayuddya regions were all Cambodian territories, taken over by Thailand one by one up until the late 18th century (1796?).

My point in bringing all of these former Khmer provinces into the discussion here was to highlight the historical facts and to jog the memories of the Thai people that Cambodia hadn’t taken any Thai lands. But on the contrary, Thailand had taken vast territories of Khmer lands. If the Thai protesters wanted to reclaim Battambang and Siem Reap provinces, then these Thai protesters and, for that matter, the Thai leadership as a whole, must realise that Cambodia has every right to reclaim the territories of the more than 10 provinces lost to Thailand that have been mentioned above.

I would like to end this editorial by expressing my condemnation of the Thai incursion into the Preah Vihear region and, for the sake of regional peace and stability, I call on Thailand to withdraw their troops immediately and unconditionally.//

(Viewing the pictures of Cambodian and Thai troops facing off each other in Preah Vihear).