A Change of Guard

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Wednesday 9 July 2008

Cambodia temple deal violated Thai constitution: court

BANGKOK - THAILAND'S cabinet violated the constitution by endorsing a deal backing Cambodia's bid for the UN cultural agency to declare an 11th century temple a World Heritage Site, a court ruled on Tuesday.

Thailand and Cambodia have disputed the border around the mountaintop Preah Vihear temple for decades.

The Constitutional Court ruled that the cabinet should have sought parliamentary approval for the joint communique backing Cambodia's bid for Unesco recognition, the court's secretary general Paiboon Varahapaitoon said.

'The judges ruled 8 to 1 that the joint communique was an international agreement that requires approval from parliament,' he said.

The ruling poses a new political threat to the five-month-old government of Prime Minister Samak Sundaravej. The parliamentary opposition can use the court verdict to launch impeachment proceedings against the entire cabinet.

Anti-government protesters earlier this month obtained an injunction from another Thai court annulling the communique.

Foreign Minister Noppadon Pattama, who had flown to a Unesco meeting in Canada to formally withdraw Thailand's support, was shocked by the ruling, a spokeswoman said.

'The ministry has already informed him of the ruling. He was shocked by the outcome and never expected it as the ministry did everything legally,' his secretary Sirirampha Lernuwat said.

'He is scheduled to return on Thursday afternoon and will meet with top ministry officials before holding a press conference,' she added.

Unesco late on Monday added the Preah Vihear temple to its list of protected sites, saying the decision had no bearing on the border dispute.

The agency also left the door open to future talks that would expand the protected area to include parts of the temple grounds on the Thai side of the border.

The ruins of the Hindu temple are the most important example of ancient Khmer architecture outside of Cambodia's famed Angkor Wat.

The World Court ruled in 1962 that the Hindu temple belonged to Cambodia, although the main entrance lies at the foot of a mountain in Thailand. The exact boundary through the surrounding grounds remains in dispute.

The controversy appeared resolved last month after Foreign Minister Noppadon Pattama signed a joint communique supporting Cambodia's bid for Unesco recognition.

But the deal sparked a political controversy in Thailand, and Cambodia closed the temple two weeks ago after 100 Thai protesters tried to march there.

Cambodian Foreign Minister Hor Namhong insisted that the ruling did not affect the demarcation of the border.

'Cambodia does not lose even a centimeter of land, neither does Thailand,' he told reporters.

Cambodians were overjoyed at the news of the listing, dancing to drum music and waving flags in the streets. Fireworks and cultural performances were planned for later Tuesday to celebrate. -- AFP

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