Paris Accords Offer Solution to Border Crisis: Sam Rainsy

Monday, October 20, 2008
Letter to the Editor of The Cambodia Daily
By Sam Rainsy

“The Paris Peace Accords indisputably constitute a unique legal instrument and the most appropriate basis for the resolution of the type of conflict Cambodia is now facing.”- Sam Rainsy

In “Talks With Thailand To Resume Next Week” (Sept 25, page 23) Prime Minister Hun Sen is quoted as saying about the ongoing border disputes with Thailand, “We do not drop our plan to take the case to the international court [of justice in The Hague] or any [other international] institution to resolve the case.”

He also reiterates the option for Cambodia to "file the case to the UN Security Council."

When a small and weak country faces aggression from a larger and more powerful neighbor, it understandably seeks support from the international community, hoping for at least mediation or arbitration.

Because bilateral talks have produced no results, Cambodia has actually, over the past few months, tried to seize the UN Security Council, but to no avail. The world body, where the Phnom Penh government apparently enjoys little support, has responded with calls to resolve our conflict with Thailand on a bilateral basis instead.

Regarding the possibility to turn to the International Court of Justice, observers point to the fact that Thailand has stopped accepting any arbitration from this judicial institution since she lost the Preah Vihear temple case in 1962.

As for a possible mediation by Asean, Cambodia has expressed the view that neutrality expected from such a mediator cannot be assured in the present circumstances with Thailand currently chairing the regional institution.

As a last resort—but it maybe should have been the first one— there is another avenue the Phnom Penh government should consider using when looking for a mechanism through which to solve the current crisis: the Paris Peace Accords on Cambodia signed in the French capital on Oct 23,1991. The Accords indisputably constitute a unique legal instrument and the most appropriate basis for the resolution of the type of conflict Cambodia is now facing.

Cambodia should call on the signatories of the above-mentioned Accords, which include all our neighboring countries (Thailand, Vietnam, Laos) as well as all the world's powers (US, Russia, China, France, United Kingdom, Japan, India, Australia, Canada) to fulfill their legal obligations to help find a peaceful and just resolution to the border conflict with Thailand.

One of the Accords, the "Agreement concerning the sovereignty, independence, territorial integrity and inviolability, neutrality and national unity of Cambodia" states, in its Article 5:

1. In the event of a violation or threat of violation of the sovereignty, independence, territorial integrity [...] of Cambodia [...], the parties to this Agreement undertake to consult immediately with a view to adopting all appropriate steps to ensure respect for [their] commitments [towards Cambodia] and resolving any such violations through peaceful means.
2. Such steps may include, inter alia, reference of the matter to the Security Council of the United Nations [...].
3. The parties to this Agreement [including Cambodia] may also call upon the assistance of the co-Chairmen of the Paris Conference on Cambodia [ie, France and Indonesia].

France was the colonial power directly involved in the delineation of the border between Cambodia and Thailand (then Siam) in the beginning of the 20th century, while Indonesia is Asean's largest member and has earned the world's respect for her successful effort to implement a true democracy.

This week, we all should celebrate the 17th anniversary of the signing of the Paris Peace Accords, which guarantees not only Cambodia's territorial integrity but also democracy and respect for human rights.

Sam Rainsy,
SRP President,
Member of Parliament