A THAI RATH writer said it would be unfortunate if Thailand and Cambodia see relations sour further over the temple
KAMOL HENGKIETISAK
Tackling existing problems by adding on new ones is rarely a good strategy. Sometimes, however, a new problem may help reduce conflicts inflicted by an existing one, said a Thai Rath writer. Such is the case in the Administrative Court's ruling to temporarily halt government support for the Cambodian government's unitary application to the Unesco World Heritage Committee (WHC) to list Preah Vihear as a World Heritage Site.
The court's ruling has the following immediate effects:
1. The cabinet can no longer proceed with the Foreign Ministry's proposal to support the Cambodian government in listing Preah Vihear as a World Heritage Site.
2. The joint communique between the Thai and Cambodian governments on this issue, signed by Foreign Minister Noppadon Pattama, is not enforceable.
3. The Thai government must inform the Cambodian government that its prior agreement to support Cambodia's unitary effort to list Preah Vihear is no longer applicable due to the court's ruling.
4. The Thai government must inform Unesco's World Heritage Committee, now meeting in Quebec, about the hiccup facing the Thai government.
In short, the Administrative Court's ruling halts any proceedings from the Thai side supporting Preah Vihear's listing as a Cambodian World Heritage Site. If and when the court ultimately rules that the government acted legally, then the government can proceed with its support of the Cambodian government's application to list Preah Vihear as a World Heritage Site.
If, on the other hand, the court finally decides against the government, any prior agreements made by the Thai government with the Cambodian government on the Preah Vihear issue become null and void.
This would mean that the Thai government must reserve its right to ask the WHC to allow the two to jointly list Preah Vihear. The Thai Rath writer had his doubts that the Cambodian government would agree to this, as the World Court at the Hague ruled in 1962 that the temple belonged to Cambodia and the Cambodian government has already submitted a new map that does not encroach on Thai territory to avoid any Thai objections. He then asked if the Thai government would allow the joint listing if it were in Cambodia's shoes.
Thai Rath noted that the issue is very sensitive on both sides, and no one is happy with the present situation.
Thai people believe that allowing Cambodia to unilaterally list Preah Vihear would result in a loss of territory, while the Cambodian people will accuse Prime Minister Hen Sen of giving in to Thailand if the disputed territory is jointly listed.
What is certain is that the Cambodian government would not be pleased if the Thai government no longer supported its listing of Preah Vihear, because the application has been in the preparation stages for several years now, and there have been several rounds of discussions between the two countries, as well as with the WHC. Prime Minister Hun Sen certainly won't be pleased if he cannot use the successful listing of Preah Vihear to court votes in the forthcoming general election.
Thus, the Administrative Court's temporary injunction on Preah Vihear might help lessen the conflicts between the two peoples.
The Thai Rath writer said it would be unfortunate if the two countries which share an 800 km border see relations further souring over the issue.
In any case, he added, it is now too late for the Thai government to agree in time for a listing of Preah Vihear this year, as the issue still has to pass a final hurdle at the Constitution Court.
The Democrat party on Thursday asked the Constitution Court to rule on whether the government violated Article 190 of the constitution in regard to Preah Vihear, and there can be no movement by the Thai government until the court gives its ruling.
Cabinet reshuffle
Prime Minister Samak Sundaravej has said that if he were to reshuffle the cabinet, it would not come from pressure exerted by coalition parties in the government camp, noted a Matichon writer.
This is so because Mr Samak still holds the trump card, as he alone is empowered to dissolve the House. This would prompt a new general election, which the coalition parties, and even the Democrat party, don't want to see happen after only 4-5 months of this administration, because that would mean the major expense of mounting a countrywide election campaign.
After the censure debate, it seems the coalition parties would like to see Commerce Minister Mingkwan Sangsuwan and Foreign Minister Noppadon Pattama reshuffled out of the cabinet, but it is unlikely that Mr Samak will grant their wish.
This is especially so in the case of Mr Mingkwan, who is said to have an understanding with Mr Samak and other big brass in the People Power party. Mr Noppadon's future is more in question, due to his personal involvement with the Preah Vihear issue.
There are other factors that beckon an upcoming cabinet reshuffle, said the writer. Timing is the key.
Mr Samak is still waiting to make clear the status of Public Health Minister Chaiya Sasomsap and Deputy Commerce Minister Wiroon Techapaiboon, both big financiers of the PPP who are facing Constitution Court rulings on their qualifications.
Mr Samak is also waiting for the Supreme Court Political Division to rule on former parliament president Yongyuth Tiyapairat, who was red-carded by the Election Commission. The ruling is due to be given on July 8. If Mr Yongyuth is cleared by the Supreme Court, he is likely to be given a cabinet seat in any upcoming reshuffle.
Another factor that needs to be considered is that there is a vacant PM Office seat when Jakkrapob Penkair resigned last month to fight the charge of lese majesty.
Last but not least, some ministers promised their colleagues that they would vacate their positions after six months so that others can have a chance to become ministers. This is true within the PPP and other coalition parties as well.
Therefore, it seems that any upcoming reshuffle will not be a minor one, done to fill up vacant posts, but rather a major revamp in several ministries, observed Matichon.
The writer concluded by predicting that Varavut Silpa-archa, son of Chart Thai leader Banharn, would be included in a new cabinet, noting that Mr Varavut will be 35 years old on July 11 and thus able to fulfill the minimum age requirement for a cabinet minister.
Constitution Court sets precedent
On Monday the Constitution Court ruled that the appointment of the Assets Scrutiny Committee (ASC) and its term extension until June 30, 2008 is legal, according to the temporary 2006 Constitution and the present 2007 Constitution. All nine judges ruled unanimously, noted a Thai Rath writer.
The case was forwarded from the Supreme Court's Political Division, as had been urged by the political targets of the ASC - members of the old Thai Rak Thai party, including the leader, former prime minister Thaksin Shinawatra.
The Constitution Court set a precedent in ruling that all regulations and announcements made by the orchestrators of the Sept 19, 2006 coup, or those placed in power by the coup leaders, were legal and enforceable, up to the promulgation of the present 2007 Constitution, which vouchsafes the same in its Article 309.
There can no longer be any doubts as to why the People Power party wants to amend the 2007 constitution, especially Article 309, said Thai Rath
If the article is abolished, it would have even more repercussions than an act of parliament pardoning anyone from Mr Thaksin's government found guilty of corruption by the ASC. Abolishing Article 309 would mean abolishing the past. Any act or regulation from the temporary 2006 Constitution would be null and void.Anyone facing lawsuits or in the process of being prosecuted for alleged wrongdoing in the past would be immediately set free.
Therefore, said Thai Rath, the precedent that the Constitution Court sets in this case is very important. Article 309 must be left in tact if the country wants to see alleged corruption during the Thaksin administration be finally resolved by the Supreme Court.
The Thai Rath writer praised the Constitution Court for its first ruling, saying it would give the people confidence in the judicial system. The court is due to give two more rulings concerning the qualification of two politicians holding political office. These rulings are also important, said the writer.
KAMOL HENGKIETISAK
Tackling existing problems by adding on new ones is rarely a good strategy. Sometimes, however, a new problem may help reduce conflicts inflicted by an existing one, said a Thai Rath writer. Such is the case in the Administrative Court's ruling to temporarily halt government support for the Cambodian government's unitary application to the Unesco World Heritage Committee (WHC) to list Preah Vihear as a World Heritage Site.
The court's ruling has the following immediate effects:
1. The cabinet can no longer proceed with the Foreign Ministry's proposal to support the Cambodian government in listing Preah Vihear as a World Heritage Site.
2. The joint communique between the Thai and Cambodian governments on this issue, signed by Foreign Minister Noppadon Pattama, is not enforceable.
3. The Thai government must inform the Cambodian government that its prior agreement to support Cambodia's unitary effort to list Preah Vihear is no longer applicable due to the court's ruling.
4. The Thai government must inform Unesco's World Heritage Committee, now meeting in Quebec, about the hiccup facing the Thai government.
In short, the Administrative Court's ruling halts any proceedings from the Thai side supporting Preah Vihear's listing as a Cambodian World Heritage Site. If and when the court ultimately rules that the government acted legally, then the government can proceed with its support of the Cambodian government's application to list Preah Vihear as a World Heritage Site.
If, on the other hand, the court finally decides against the government, any prior agreements made by the Thai government with the Cambodian government on the Preah Vihear issue become null and void.
This would mean that the Thai government must reserve its right to ask the WHC to allow the two to jointly list Preah Vihear. The Thai Rath writer had his doubts that the Cambodian government would agree to this, as the World Court at the Hague ruled in 1962 that the temple belonged to Cambodia and the Cambodian government has already submitted a new map that does not encroach on Thai territory to avoid any Thai objections. He then asked if the Thai government would allow the joint listing if it were in Cambodia's shoes.
Thai Rath noted that the issue is very sensitive on both sides, and no one is happy with the present situation.
Thai people believe that allowing Cambodia to unilaterally list Preah Vihear would result in a loss of territory, while the Cambodian people will accuse Prime Minister Hen Sen of giving in to Thailand if the disputed territory is jointly listed.
What is certain is that the Cambodian government would not be pleased if the Thai government no longer supported its listing of Preah Vihear, because the application has been in the preparation stages for several years now, and there have been several rounds of discussions between the two countries, as well as with the WHC. Prime Minister Hun Sen certainly won't be pleased if he cannot use the successful listing of Preah Vihear to court votes in the forthcoming general election.
Thus, the Administrative Court's temporary injunction on Preah Vihear might help lessen the conflicts between the two peoples.
The Thai Rath writer said it would be unfortunate if the two countries which share an 800 km border see relations further souring over the issue.
In any case, he added, it is now too late for the Thai government to agree in time for a listing of Preah Vihear this year, as the issue still has to pass a final hurdle at the Constitution Court.
The Democrat party on Thursday asked the Constitution Court to rule on whether the government violated Article 190 of the constitution in regard to Preah Vihear, and there can be no movement by the Thai government until the court gives its ruling.
Cabinet reshuffle
Prime Minister Samak Sundaravej has said that if he were to reshuffle the cabinet, it would not come from pressure exerted by coalition parties in the government camp, noted a Matichon writer.
This is so because Mr Samak still holds the trump card, as he alone is empowered to dissolve the House. This would prompt a new general election, which the coalition parties, and even the Democrat party, don't want to see happen after only 4-5 months of this administration, because that would mean the major expense of mounting a countrywide election campaign.
After the censure debate, it seems the coalition parties would like to see Commerce Minister Mingkwan Sangsuwan and Foreign Minister Noppadon Pattama reshuffled out of the cabinet, but it is unlikely that Mr Samak will grant their wish.
This is especially so in the case of Mr Mingkwan, who is said to have an understanding with Mr Samak and other big brass in the People Power party. Mr Noppadon's future is more in question, due to his personal involvement with the Preah Vihear issue.
There are other factors that beckon an upcoming cabinet reshuffle, said the writer. Timing is the key.
Mr Samak is still waiting to make clear the status of Public Health Minister Chaiya Sasomsap and Deputy Commerce Minister Wiroon Techapaiboon, both big financiers of the PPP who are facing Constitution Court rulings on their qualifications.
Mr Samak is also waiting for the Supreme Court Political Division to rule on former parliament president Yongyuth Tiyapairat, who was red-carded by the Election Commission. The ruling is due to be given on July 8. If Mr Yongyuth is cleared by the Supreme Court, he is likely to be given a cabinet seat in any upcoming reshuffle.
Another factor that needs to be considered is that there is a vacant PM Office seat when Jakkrapob Penkair resigned last month to fight the charge of lese majesty.
Last but not least, some ministers promised their colleagues that they would vacate their positions after six months so that others can have a chance to become ministers. This is true within the PPP and other coalition parties as well.
Therefore, it seems that any upcoming reshuffle will not be a minor one, done to fill up vacant posts, but rather a major revamp in several ministries, observed Matichon.
The writer concluded by predicting that Varavut Silpa-archa, son of Chart Thai leader Banharn, would be included in a new cabinet, noting that Mr Varavut will be 35 years old on July 11 and thus able to fulfill the minimum age requirement for a cabinet minister.
Constitution Court sets precedent
On Monday the Constitution Court ruled that the appointment of the Assets Scrutiny Committee (ASC) and its term extension until June 30, 2008 is legal, according to the temporary 2006 Constitution and the present 2007 Constitution. All nine judges ruled unanimously, noted a Thai Rath writer.
The case was forwarded from the Supreme Court's Political Division, as had been urged by the political targets of the ASC - members of the old Thai Rak Thai party, including the leader, former prime minister Thaksin Shinawatra.
The Constitution Court set a precedent in ruling that all regulations and announcements made by the orchestrators of the Sept 19, 2006 coup, or those placed in power by the coup leaders, were legal and enforceable, up to the promulgation of the present 2007 Constitution, which vouchsafes the same in its Article 309.
There can no longer be any doubts as to why the People Power party wants to amend the 2007 constitution, especially Article 309, said Thai Rath
If the article is abolished, it would have even more repercussions than an act of parliament pardoning anyone from Mr Thaksin's government found guilty of corruption by the ASC. Abolishing Article 309 would mean abolishing the past. Any act or regulation from the temporary 2006 Constitution would be null and void.Anyone facing lawsuits or in the process of being prosecuted for alleged wrongdoing in the past would be immediately set free.
Therefore, said Thai Rath, the precedent that the Constitution Court sets in this case is very important. Article 309 must be left in tact if the country wants to see alleged corruption during the Thaksin administration be finally resolved by the Supreme Court.
The Thai Rath writer praised the Constitution Court for its first ruling, saying it would give the people confidence in the judicial system. The court is due to give two more rulings concerning the qualification of two politicians holding political office. These rulings are also important, said the writer.
No comments:
Post a Comment