A Change of Guard

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Friday 20 June 2014

Cambodian Title to Khmer Krom Territories [and Koh Tral]

Reported by Bora Touch, 
Lawyer, Sydney, Australia

Cambodia has both historical and legal grounds for laying claim to legitimate title over the Mekong delta areas of Kampuchea Krom ("Lower Cambodia," currently Southern Vietnam) and the island of Koh Tral ("Tral Island," also known as Phu Quoc).
Historic Title
Cambodian rule over Khmer Krom lands dates back many centuries. A Cambodian Constitution, known as "Kram Srok," promulgated in 1615 (Grand Era 1693) under His Majesty Chey Cheystha Reamea Eysaur clearly lists Khmer Krom provinces and their governors and titles. A French official cartographer in documenting the region in a map dated 1686, designated delta territories and Koh Trol as parts of Cambodia. British official cartographer John Crawfurd did the same in 1828. In an internal British official memorandum (1778) sent to Governor-General Hastings, Charles Chapman, a British envoy to Cochin China, rightly advised Hastings that “Donai...is properly a province of Cambodia” (J.I.A.E. & A. Vol. 5, 1852). When the French arrived in the late 19th century, Cambodia’s front line was at the Vinh Te Canal, and the delta region up to Dong Nai province still appeared on Southeast Asian maps as a part of Cambodia.
Continuous Claim
Cambodia has never given up its historic claim to Khmer Krom territories or to Koh Tral. For instance, a few months before France landed in Saigon, King Ang Duong sent Emperor Napoleon III a letter warning him about Cambodia’s ownership of the Khmer Krom territories that had been seized by the Vietnamese. The King’s letter dated 25 November 1856 states:
...that of Don-nay, seized more than two hundred years ago; but much more recently those of Saigon, Long-Ho; Psarded, Mi-tho, Pra-Trepang, Ongmor, Bassac, Moatchruk, Cramuon-Sa, TiecKhmau, Pean [Hatien], and the island of Koh Trol and Trelach [Poulo Condore]. If by chance, the Annamese [Vietnamese] would offer any of these lands to Your Majesty, I beg him not to accept them, for they belong to Cambodia. I beg Your Majesty to have compassion for me and my people so that we may see an end to our loss rather than suffocate in this narrow kingdom.
On 19 February 1859, King Duong attempted to retake the territories by force. Although his troops were crushed, both the attempt and the King's letter to the Emperor of France demonstrates that Cambodia has never given up title over the territory. The King died the following year.
Almost 100 years later, King Duong's great-great-grandson, King Norodom Sihanouk, continued to claim the territories as Khmer and attempted to reclaim them from the Vietnamese. When the Japanese were in control of Indochina, the King, echoing King Duong’s letter to Napoleon III, informed the Japanese by his letter dated 25 June 1945 of Cambodia’s title to the territories. During the Geneva Conference, by Memorandum dated 24 April 1954, Cambodia again claimed the territories and demanded their return. All Khmer claims apparently have fallen on deaf ears.
French Transfer and the Brevie Line
If it had not been for Ho Chi Minh, Cambodia might have regained some of its territories in 1949. By this time, however, the French had decided to install Emperor Bao Dai to the throne so that he would help them harass Ho Chi Minh’s forces in the North. Since a majority of the French National Assembly deputies then were communists who supported their communist comrade, Ho Chi Minh, Cambodia’s claim was dropped from the Assembly’s agenda and France gave Cochin China to Vietnam.

The Brevie Line, the line used to demarcate territory giving Koh Tral to Vietnam, does not and should not have legal effect in this instance. The reason the Brevie Line was drawn dates back to 1913 when Cochin China and Cambodia received an application for mining concessions on some of the offshore islands. Because of Cambodia's historic claims, the Hatien and Kampot French Residents unilaterally sought advise from the Governor-General of Indochina. As a result, the French Governor-General Jules Brevie of Indochina, by Letter of 31 January 1939, unilaterally proclaimed an administrative line (Brevie Line) that followed an azimuth of 126 degrees from true north to the point where the land boundary between Cambodia and Cochin China met the coast. This line intersected the southern part of Koh Tral. Brevie also decided that police and administrative jurisdiction of this area should be given to Cochin China, the French colony. He made it clear, however, that “the question of territorial dependence of these islands remains reserved.”
It is clear from Brevie’s letter that the drawing of the Brevie line was for administrative purposes only. Brevie's intention was not to give Koh Tral to Vietnam, especially since a Vietnam did even not exist at the time. Cochin China was, after all, then still a French colony. Furthermore, even had it been Brevie's intention to give Koh Tral to a future Vietnam, he would not have had the power to do so because Cambodia at this time was a French protectorate only, not a colony. Therefore, the international law principle of utis posseditis (colonial administrative division become international boundary after de-colonization) does not apply to this case, and the Brevie line should not be taken as an official delineation of territory, especially considering Brevie himself expressly stated that “the question of territorial dependence of these islands remains reserved.”
Vietnam's own position casts further doubt as to the legitimacy of using the Brevie line to demarcate Cambodian-Vietnam boundaries. Successive Vietnamese governments, including the current one, have not recognized the Brevie Line as maritime border. Considering traditional title, Vietnam as colonizing power, and the island’s location, Cambodia is entitled to possession of the island of Koh Tral.
Recent Events
Unlike prior regimes, the Khmer Rouge did not make any claim to Koh Tral at all. They in fact begged the Vietnamese to recognize the Brevie Line as the official boundary, thus willing to accept the application of the international law principle of Uti Possidetis (although as stated above, this principle does not strictly apply to Cambodia as it was only a protectorate). In doing so, the KR reminded the Vietnamese of its 1967 Declaration that Vietnam respected the Brevie Line as the boundary. Vietnam refused to apply international law and ignored its 1967 Declaration. Instead, Vietnam demanded that Cambodia concede even more of its territorial waters. As is documented in the minutes of the negotiations, the KR vehemently objected to the demand and announced that they would not give Vietnam an inch past the Brevie line.
Vietnam did not want to accept the Brevie Line as a boundary and insisted that the principle of equidistance be used instead because by using the latter principle to determine maritime ownership (i.e., a line of equidistance between Cambodian and Vietnamese islands lying north and south of the Brevie Line), Vietnam would gain an area of sea and seabed measuring at least 860 square nautical miles. Vietnam ignored the fact that the equidistance principle had been abandoned in international law since 1969. Additionally, Vietnam, in August 1978, made an unreasonable and unjustifiable claim to Koh Poulo Wai, an island north of the Brevie Line. The KR Foreign Ministry through its Radio Phnom Penh rightly reacted: “Poulo Wai and the surrounding territorial waters have been under the sovereignty of Cambodia since time immemorial” (Honolulu Advertiser 21/8/78).
The KR’s refusal to give in to Vietnam’s demands is one reason why Vietnam invaded Cambodia in December 1978. As a result, the Heng Samrin/Hun Sen regime signed treaties of 1983 and 1985 (likely under Vietnamese instruction or force) giving all the disputed territories to Vietnam. The so-called Historical Waters Treaty of 1982 signed by Hun Sen and Nguyen Co Thach basically gave to Vietnam the territorial waters it had demanded of the KR (See Map attached to this 1982 Treaty). As these treaties were sign while Vietnamese troops were occupying Cambodia (meaning there is a high probability they were signed by officials under threat or duress), their validity is subject to scrutiny.
Passage of Time
Has Cambodia legally lost Kampuchea Krom and Koh Trol due to the fact that the Vietnamese and French have been colonizers of these territories for so many years.
Passage of time does not affect a nation's rightful title to territories once under its rule, as foreign colonization in Southeast Asia and elsewhere demonstrate. The Philippines was conquered and colonized by foreign powers from 1564 to 1946. It remained a colony of Spain from 1564 until 1898, when, after Spain lost its war to US forces led by Admiral Dewey, it was forced by the 1898 treaty to sell the Philippines to America for 20 dollars. The Philippines thereafter remained under American rule until July 1946, for a total of 382 years under colonization. Another similar precedent is the State of Israel which was only “re-established” in 1948 after a 2000-year absence. Assuming that the Vietnamese completed their colonization of Khmer Krom in 1789, by 1946 the Khmer delta territories have only been colonized for approximately 157 years, by 2002, 213 years.
De-colonization is compulsory under international law and the UN Charter, to which Vietnam is a party. The boundary line between Kep/Kompong Som and Koh Tral are collateral to the central issue of de-colonization. Under international law, Cambodia has neither lost Kampuchea Krom nor any other Khmer Krom territories.
For more information and map of Khmerkrom, please visit www.Khmerinstitute.org
Read more here: 
1. Koh Tral in Cambodian Sea Platform.
2. Cambodia's Impossible Dreams: Koh Tral.

5 comments:

Anonymous said...

You almost can use a slingshot to reach Koh Tral from Kompot and how in the world Vietnames got it and claimed that it is legal. Vietname has no saying in South China Sea by claiming economic exclusive zone. Vietnamese took Koh Trol illegally by threaten Hun Sen to sign off which Khmer majority never consented becuase the island is alway belong to Khmer, and it is located just a stone away, where Sprately Islaned is miles away from Vietnames, therefore, China has the right to the area. Vietnamese can not have both way. Its argument is not logic. Took Koh Tral which is promximity to Khmer and yet want Sprately Island for the same reason that is closer to its shore.

Anonymous said...

This is a very good analysis - better than the one written by Jeff Mudrick.

It proved that Koh Tral belonged to Cambodia since time immemorial.

Anonymous said...

The dog eater don't have anyland or island they are stole from Champa and Khmer those bastard animal are come from China they are the fk thieves of asian I wish them all die

Anonymous said...

ខ្មែរយើងទន់ខ្សោយចាប់តាំងពីសៀមលួចវាយឆ្មក់ជាសង្គ្រាមដោយពំុមាន ប្រកាសអោយដឹងមុនកាលពីព្របាទជ័យវរម័នលោកកំពុងជាប់ក៏សាងប្រសាទអង្គរវត្ត វាវាយកំទេចនឹងលួចប្រពៃនីយ៏ អារយធម៏ អក្សរសាស្ស នឹងមិនឲ្យយើងងើបរួច យួនក៏ព្រួតវាយយកពីខាងកោត ឯលាវក៏វាយពីខាងជើង ខ្មែរយើងកដូចជាពោះគ្មានក្បាល មិនអាចបង្ករ បង្កើតទ័បបាន មិនអាចរៀនសូត្យបាន គឺពួកវាមិនអោយយើងបានចេះ ហើយវាមិនឲ្យយើងបង្កើតទ័ពបានជាដាច់ខាត បើយើងងើបខាងលិច វា បំបាក់ខាងលិច បើងើបខាងកើតវាវាយបំបាក់ខាងកើតគឺយួន ខាង លិចគឺសៀម តែខ្មរយើងចេះតែឆាប់ភ្លេច គេថាស្លូតស្លាប់ ជាមួយសត្រូវកំុត្រង់ ដឹងថាយួន សៀមចង់យកដីយើងដែរហេតុម្ដេចក៏ ទៅពឹងវាទៀត ចម្លើយៈ ពួកវាចងើបានអំណាច ព្រោះវាគឹតថាអំណាចបុណ្យសក្ដិពិបាករកណាស់ ពីព្រោះម្នាក់ៗត្រូវប្រឹងរៀនឲ្យបានខ្ពស់ទើបអាចរកបុណ្យសក្ដិបានល្អ ចូះបើពួកវាបានអំណាចនឹងបុណ្យសក្ដិធំដោយមិនពាច់រៀនផងហើយ បានធ្វើនាយករដ្ឋមុន្រី្ត ខ្លះពាក់ផ្កាយលើស្មាស្ទើរទ្រមិនរួច ហេតុអីត្រូវ បោះបង់ចោល ខ្មែរដីតូចមួយមានប្រជាជន១៤លាន មានទ័ពមួយដំបរ ស្វាតែផ្កាយរាប់មិនអស់ ឯចិនវិញមានមនិស្ស១៥កោតលាន មានទ័ព រាប់រយលាន តែមានផ្កាយតិចជាងស្រុកខ្មែរ តែខ្មែរសម្បូរណ៏ទៅដាយ ផ្កាយចោរច្រើនរះបៀតភ្លឺ មួយជំនាន់ៗគ្មានបានការ បើមិនចង់ធ្វើខ្ញំុគេ ក៏ដើទាត់ខ្យល់ដូចសីហនុ មិនព្រមពង្រឹងកងទ័ពឲ្យបានខ្លាំងខ្លា មិនធ្វើ ការងារបែរជាទៅដើរតួរកុន ច្រៀងការាអូខេថ្វើព្រងើយ ឯខ្មែរភាគខ្លះ នៅតែគោរពបូណ៏ជាស្ដចនេះមិនព្រមចេះគិតអ្វីល្អអ្វីអាក្រក់ ស្ដេចនេះ បានសំលាប់ជាតិជាងពីលាន ហើយបោកមកធ្វើល្អបៅកប្រាស់ឲ្យខ្មែរ បង្ហូរទឹកភ្នែកស្ទើរកើតជាសមុទ្ធ ល្មមចេះវិនិច្ឆ័យរកផ្លូវចំណេញ បើពំុនោះទេយើងនឹងខ្វះដីជ្រករស់នៅហើយ ដូចជាហ៊ុនសែនសព្វថ្ងៃ ដឹងថាវាបំរើយួនតែខ្មែរនៅតែគាំទ្រវាទៀត ដឹងហើយព្ញុហើយថាយួន វាចង់យកដីយើង មិនថាខ្មែរគ្នាមិនបានរៀនសូត្រ តែពួកអាបណ្ឌិតឆ្គួតៗ ហេតុអីក៏ល្ងីល្ងើពកថ្ងាសជាងគ្នាមិនចេះអក្សរទៅ ទៀត ! ឆ្ងល់ ! ហេតុអ្វីមានអ្នកល្ងង់ភ្លើជាងសត្វទៅទៀត !

Anonymous said...

I have a suggestion to all Khmer Kampuchea Krom and all Khmer to find an international lawyers to petition to the international court and sue French country for 40,000 trillion euros for lost and suffering cause by French colonial to our Khmer native . The same time bring legal action of the French government to the world court about the arrogant of the French policy that sign a treaty to gave our mother land to these invader Vietnam government without any consent from the owner of the land . It is time to find justice for our suffering blood people now .