Cambodia rebuts Thai claim over Preah Vihear decision

By Supalak Ganjanakhundee

The Nation

Cambodian authorities on Friday dismissed claims by Thai Natural Resource and Environment minister Suwit Khunkitti that Cambodia failed to submit its plan for safeguarding and developing the Preah Vihear temple.

Hang Soth, General Director of the Preah Vihear National Authority said Cambodia has already submitted conservation plans to the United Nations Educational, Scientific and Cultural Organization (Unesco) since April 4, this year.

Suwit who attended a meeting of World Heritage Committee in Spain said earlier that the committee has delayed its decision to list the Preah Vihear inscription since Cambodia has not yet completed its management plan.

"We don't understand why Thai leaders have said Cambodia has until next year to submit the plan," Hang Soth was quoted as saying by Phnom Penh Post as seen Friday on its website.

"We have already submitted our projects…Cambodians made the temple. Why can't we conserve it?," he said.

Cambodian Foreign Ministry's spokesman Koy Kuoung said the Thai statements were meant to cover up their failure at the Unesco meeting in Spain, where they were unable to get their challenge to the Preah Vihear listing on the agenda.

"The Thai leaders' comments are just to hide their failure to review the listing," he said.

The World Heritage Committee meeting in Spain on June 23-30 issued its decision 33COM 7B.74 as seen by The Nation has indeed mentioned that Cambodia has submitted its report for safeguard and development for the temple since April and the committee reviewed the report on April 24.

The committee made the request to the State Party (Cambodia) to submit to the World Heritage Center by February 1, 2010, a report on the progress made in the implementation of the recommendations by the committee in its decision 32COM 8B.102, for examination by the World Heritage Committee at its 34th session in 2010.

In fact there is no extended scheduled as the time frame of February 2010 was mentioned in the previous decision in the 32nd session in Quebec paragraph 16 saying "further requests the State Party of Cambodia to submit to the World Heritage Centre by February 2010, for submission to the World Heritage Committee at its 34th session in 2010 a full management plan for the inscribed property, including a finalized map."

The Preah Vihear Conflict: What Is The Solution?

Editorial by Khmerization

“First, Cambodia should invite the foreign diplomatic and international press corps to visit the conflict zone in order to win international opinion to its crusade. Secondly, Cambodia should use the upcoming talks with Thailand to press for a total Thai withdrawal from the conflict zone. Thirdly, if that fails, Cambodia can take this matter to the Association of South East Asian Nations’ (ASEAN) Forum, which both Cambodia and Thailand are members. The ASEAN Charter has a policy of non-interference and non-aggression between member states. Fourthly, if ASEAN fails to mediate a satisfactory outcome, Cambodia can take the next step which is referring this conflict to the UN Security Council to mediate. And fifthly and finally, if all else fail, Cambodia can take Thailand to the International Court of Justice like in 1962.”

Thailand’s invasion and occupation of the so-called “overlapping area” in the Preah Vihear precinct has entered its fifth day and there is no sign of it ending very soon. On the contrary, the situation is worsening by the day and both sides, Cambodia and Thailand, are dangerously reinforcing and building up their troops numbers to boost up their bargaining powers at the upcoming talks on the conflict which will be held in Thailand’s Sakeo province on Monday. I can confidently predict that the Monday meeting will not produce any results. The meeting will be a chance of finger-pointing, accusations and counter-accusations. The Cambodian side will demand a total Thai withdrawal and likewise, the Thai side will demand a total Cambodian troop withdrawal, including the evacuation of villagers who settled in the zone for years, before Thailand will agree to any withdrawal. At the end, the meeting will be an impasse, unless one side makes a concession, which is likely to be the Cambodian side. (Full details on the Thai incursion at Preah Vihear).

The Thai occupation of the Preah Vihear precinct at this time is reminiscent of the 1950s’ Thai occupation of the Preah Vihear temple, which ended with the decision of the International Court of Justice (ICJ) that adjudicated to give the ownership of the temple to Cambodia in 1962. At that time, like now, the pretext for the Thai occupation of the temple was, after reviewing the maps, Thailand assumed that the temple was situated on Thai soil.

Cambodia and Thailand had only one border treaty, which is the 1907 treaty. The documents and maps of the 1907 treaty showed clearly that the Preah Vihear temple and its surrounding areas fall under Cambodia’s sovereignty. On top of this, the International Court of Justice in The Hague adjudged to give the whole Preah Vihear precinct to Cambodia in 1962. So, the ownership of the Preah Vihear temple and its precinct is unquestionably Cambodian.

Now, what is the solution to end the present Thai occupation of the Preah Vihear precinct?

Cambodia, beside military prowess, has all the advantages over Thailand, under international laws and conventions, to prove the ownership of this so-called “overlapping area” under the 1907 treaty and the ICJ‘s decision in 1962. With this in mind, Cambodia must embark on a crusade of international diplomacy for a peaceful resolution to this Thai-made crisis. Cambodia could use the scenario below in which to go about resolving this crisis peacefully.

First, Cambodia should invite the foreign diplomatic and international press corps to visit the conflict zone in order to win international opinion to its crusade. Secondly, Cambodia should use the upcoming talks with Thailand to press for a total Thai withdrawal from the conflict zone. Thirdly, if that fails, Cambodia can take this matter to the Association of South East Asian Nations’ (ASEAN) Forum, which both Cambodia and Thailand are members. The ASEAN Charter has a policy of non-interference and non-aggression between member states. Fourthly, if ASEAN fails to mediate a satisfactory outcome, Cambodia can take the next step which is referring this conflict to the UN Security Council to mediate. And fifthly and finally, if all else fail, Cambodia can take Thailand to the International Court of Justice like in 1962.

My predicted outcome to a peaceful ending of this conflict, that is acceptable to Thailand, would be a two pronged resolution. Thailand, without a doubt, would want to claim total sovereignty over this area and will never accept anything less than half of the 4.6 square kilometres “disputed zone”. So, the first solution for Cambodia is, if it wants a peaceful co-existence with Thailand in the future, it has to agree to a partition of this parcel of the lands. But Cambodia, as a proud and sovereign nation, would be a fool to accept this solution. The second solution would be the judgement of the International Court of Justice, like the 1962 case.

Thailand had never gotten over its wounded pride with the loss of Preah Vihear in 1962. One would not expect Thailand to allow this case to go to that court one more time that can make them lose face and territories further. Many Cambodians believe that, if the 1907 treaty was to be re-examined, Cambodia would see that its territories would have been encroached significantly by Thailand. A re-examination of the 1907 treaty by the International Court of Justice would see Thailand losing more territories.

Finally, I, and I would like to think that many of my Cambodian compatriots, would hope to see a peaceful ending to this conflict, preferably ending with an irreversible and binding decision of the International Court of Justice like the 1962 court case, so that this saga is resolved once and for all.//
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1. Read previous editorial on Preah Vihear: Thailand's Aggression
2. Pictures of new troop movements from both sides: Cambodian-Thai troops