A Change of Guard

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Wednesday, 17 August 2011

Cambodia still wants Indonesian observers

Wednesday, 17 August 2011
Vong Sokheng
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Photo by: Photo Supplied
Royal Cambodian Armed Forces prepare for their withdrawal from the Thai border in Preah Vihear province last week.
Phnom Penh Post

Cambocian officials yesterday reiterated their desire to see unarmed Indonesian observers dispatched to a demilitarised zone surrounding Preah Vihear temple, countering comments reportedly made by the new Thai Defence Minister.

Thai Defence Minister Yutthasak Sasiprapa said yesterday that sending Indonesian observers may not be necessary if Cambodia and Thailand could resolve the issue bilaterally, the Bangkok Post reported.

Yutthasak also reportedly said that the idea had been introduced by Cambodia.

Pending an agreement, the two countries would notify the International Court of Justice that the observers were no longer needed.

The ICJ, the highest court of the United Nations, ordered both countries on July 18 to “immediately withdraw” all military forces from a newly-created demilitarised zone around Preah Vihear temple and allow Indonesian observers to monitor a ceasefire in the area.

Koy Kuong, spokesman for the Ministry of Foreign Affairs, said yesterday that both countries had to comply with the ruling. “Our position is that the two countries, Cambodia and Thailand, have to obey the ICJ’s ruling, and it is necessary to have the presence of Indonesian observers deployed for monitoring the withdrawal of troops,” he said.

Minister of Information Khieu Kanharith said he could not confirm the alleged Cambodian proposal regarding the observers.

“Prime Minister Hun Sen has never talked about the role of the Indonesian observers as being unnecessary,” he said.

Yutthasak has also reportedly said that Cambodian Defence Minister Tea Banh has invited him to meet through the General Border Committee in Phnom Penh. Tea Banh could not be reached for comment yesterday.

Foreign Minister Hor Namhong has also invited his counterpart to meet, though Koy Kuong said no dates had been set yet.

Bilateral talks on troop withdrawals from the demilitarised zone are expected to take place on August 24 and 25 via a new Regional Border Committee. Yutthasak said that meeting would pave the way for the GBC meeting and eventual troop withdrawals.

1 comment:

Khmer Circle said...

I think it's vital that Cambodia adheres or continues to adhere to the stipulations of the Court's (ICJ's) provisional rulings or measures regardless of improved relations with Bangkok following the change in government in Thailand.

The principal reason why Cambodia had sought to take the case to the attention of an independent third party in the first place is or had been her lack of faith in bilateral negotiations with Bangkok since 2008 when the Preah Vihear conflict arose. For Cambodia to now relent her stance/insistence on this third party involvement would be tantamount to washing her own hands off the ICJ at best, and at worst undermining her reputation before the international community by allowing long standing 'legal' issues with Thailand to be glossed over in favour of accommodating the wishes (however sincere) of a more friendly administration in Bangkok.

Phnom Penh must therefore do whatever practicable to follow through the Court's injunctions, including calling on Indonesia to dispatch its observers to the Temporary DMZ to oversee and verify the withdrawal process. If the Thais have nothing to hide or conceal from the inspection and scrutiny of the Indonesians or any other independent observers, they should have nothing to fear from allowing the bespoken observers to come and do their neutral tasks on the ground.

I think it's likely that Thai politicians are still under the sway of the Thai military that had until recently run the show in the Abhisit government's name. The new Thai government will also be anxious not to be seen by the Thai electorate as being too accommodating to Phnom Penh or being too lenient on sovereignty issues. But that is something that needs not concern Phnom Penh too much since it is a domestic challenge for the Yingluck government, which just like previous governments in Thailand will have seen its days through the revolving doors of Thai politics before being replaced by another who may yet prove to be even more bellicose towards Cambodia over any perceived border questions. That is why it is imperative that Cambodia gives herself the best possible chance over this case being lodged at the ICJ. Remember this case had been put to rest once in 1962 - or so Cambodia thought.

If Cambodia flouts the ICJ's injunction(s) or is satisfied that bilateral effort or mechanisms alone is now sufficient to resolve the Preah Vihear question then she should still seek the Court's approval/consent, or inform it as to her reasons for adopting bilateralism at this juncture. If, however, the Court remains unsatisfied over this reversal in how Cambodia chooses to carry out its (ICJ's) measures, it is quite probable that should similar border issues arise or be repeated in future – which cannot be ruled out - the Court will naturally feel bound to withhold its sympathy from the likely aggrieved party i.e. Cambodia, reminding her that the problem has partly been of her own making and, of course, rightly so.