Abhisit Outmanoeuvred By Hun Sen On Disputed Temple

[webfact]

OVERDRIVE

Abhisit outmanoeuvred by Hun Sen on disputed temple

By Thanong Khanthong

The Nation

THE DISPUTE between Thailand and Cambodia over the Preah Vihear temple complex has once again flared up to rattle the national psyche. However, this time the Abhisit government appears to be inept in its diplomatic manoeuvring, and completelyunprepared for the campaign by Cambodian Prime minister Hun Sen.

After securing World Heritage status for Preah Vihear, Cambodia is now launching a follow-up drive to manage the ancient site, which lies on a mountainside in what is currently Cambodian territory, but which can be accessed only from the Thai side of the border demarcation.

A 21-member Unesco committee has been meeting in Brazil this week and, it will be voting on whether to approve the Cambodian management plan for Preah Vihear. If the approval is effected, Thailand could technically lose sovereignty over 4.6 square kilometres of disputed land near the 11th-century Khmer temple, as well as the area around the temple.

Thailand appears to be totally isolated on the issue. Most of the major powers are backing Cambodia on the management plan for the temple. This will allow interested parties a window of opportunity to take part in the development project for Preah Vihear, plus other business deals with Cambodia afterward.

Cambodia is trying every means to squeeze the territory from Thailand. The implication from this Unesco meeting is significant, for the claim over the land territory will have implications for maritime claims in the Gulf of Thailand, which are rich in oil and natural gas deposits.

In 1962, the International Court of Justice ruled that Cambodia had sovereignty over Preah Vihear. Field Marshal Sarit Thanarat, the then prime minister, cried emotionally when he told the nation via a live radio broadcast that having to lose the temple to Cambodia was one of the darkest moments in the country's history. Thai soldiers guarding Preah Vihear pulled out the poles carrying the Thai flag and left the area with heavy hearts.

At the time, Thailand tacitly honoured - but did not accept - the International Court of Justice's ruling. Thailand's position then, as now, is that it reserves the right to appeal against the court's ruling when the time is appropriate.

Noppadon Pattama, the foreign minsiter during the Samak government, signed a memorandum of understanding with Cambodia over the World Heritage status for Preah Vihear. This MOU was approved afterwards by the Cabinet. Later, the Constitution Court ruled that the MOU was unconstitutional because it is considered an international agreement - and such agreements must be approved by the Thai National Assembly first.

Subsequent governments have not done anything to address this mistake. Now it is assumed that Preah Vihear is a Unesco-approved World Heritage site. And Cambodia is moving on with its proposed management plan without any input from Thailand.

Abhisit is now in deep trouble because his government has done nothing to counter the relentless Cambodian campaign. So far, Thailand has threatened to withdraw from the United Nations World Heritage Convention if its committee approves the Cambodian management plan to the disputed temple, even though the long-standing boundary demarcation issue has not yet been resolved.

Moreover, it looks like Thailand could lose more territories as a result of this ploy. Thailand lost Laos and several areas of Cambodia to France during the colonial period. It seems that history is repeating itself.

But now the situation is even more complicated. In 1962, the Thai people were united in their hearts and minds over the Preah Vihear issue. Now they are divided, with many looking at the dispute as a political diversion or an issue of extreme nationalism. In fact, it is a security and sovereignty issue.

By failing to block Cambodia's plan from the outset, Abhisit has allowed the dispute to spiral out of control.

If Cambodia insists on managing Preah Vihear, Thailand should respond in kind by closing the borders and stopping all trade with its neighbour. This would be the first warning. Thai soldiers on the border are on high alert. If the first warning goes unheeded, we should reserve the right, under our sovereignty, to drive out any nationals infringing upon our land.

-- The Nation 2010-07-30

[webfact]

ASK THE EDITOR

PM in a bind on Preah Vihear

By Tulsathit Taptim

The Nation

Many people have observed that it was very "un-Abhisit" for the prime minister to threaten to burn the bridges with Unesco without eloquently explaining what on earth was going on in Brazil.

A little travel down memory lane and we may find possible answers.

Abhisit Vejjajiva's scathing attacks on the Samak Sundaravej government two years ago over its support for Cambodia's attempts to register Preah Vihear Temple as a World Heritage Site have limited the prime minister's options. In the 2008 showdown, Abhisit and other Democrats deplored the Samak administration's move as something that might undermine the future Thai stand when it comes to the controversial temple and surrounding areas.

Defending its decision to support Cambodia's registration efforts, the Samak government pointed to two basic legal points. The first was the World Court ruling in 1962 declaring that the temple was on Cambodian territory. The second was Article 61 of the World Court ruling, which states: "No application for revision may be made after a lapse of 10 years from the date of the judgement." Article 61 featured prominently in Cambodia's application document to Unesco, with "LAPSE OF TEN YEARS" written in capital letters.)

The Democrat camp led by Abhisit at the time pointed out Article 60 of the court's ruling. This article allows warring parties to reserve doubts and observations concerning rulings and, unlike Article 61, this one does not spell out any time frame. Which article carries stronger weight is debatable, but the battle line was clearly drawn. The Democrats were saying that any Thai move that could weaken Thailand's "silent protest" against the World Court ruling had to be avoided.

Now that the temple has become a World Heritage Site and the Cambodians are seeking to submit its management plan to Unesco, the Democrats, now in government, find themselves in an awkward position. Supporting the management plan could easily be regarded as hypocrisy and everything could blow up in Abhisit's face.

Ironically, the Abhisit government has found itself more or less in the same situation as the Samak administration. On one hand, there is nothing Thailand could have done to change the fact that the temple belongs to Cambodia. On the other hand, any act to directly or indirectly support Cambodia's sovereign rights could dash any lingering hope for Thai-land to re-file the temple dispute case and, probably worse, embolden Cambo-dia to make related territorial claims.

The Thai delegation led by Natural Resources Minister Suwit Khunkitti went to Brazil somewhat in the dark, not knowing if the Cambodians had sneaked in any sensitive territorial information when they proposed the management plan. When the People's Alliance for Democracy staged a sit-in in front of the Unesco Bangkok office on Wednesday, Abhisit had no choice but to act tough.

In fact, there are considerable safeguards. It is stated clearly in Unesco rules that declaration of a World Heritage Site is not legally binding when overlapping territorial claims are concerned. And a management plan for a World Heritage Site is even less likely to enable one party to assert new territorial claims.

But it doesn't matter now whether concern that Phnom Penh could gain the upper hand over disputed areas surrounding the temple if Thailand supports the management plan is solid or not. The issue has become politically charged, with nationalism about to simmer. One wrong move and what Abhisit said in Parliament to the Samak government in 2008 would come back to haunt him big time. The Pheu Thai Party, surely, must be combing the video and audio archives of the Thai Parliament right now. Abhisit can only hope Unesco will delay the issue, or he will come under great pressure to make good his threat, regardless of whether the management plan is Cambodia's secret tool to gain more ground, literally, or not.

-- The Nation 2010-07-30

[shawndoc]

Starts off as a news piece, then turns into a silly opinion piece in the end.

[geovalin]

If a catastrophe occurs (war against peaceful neighbors), please remember that Thanong and The Pravda Nation will have an important responsibility writing such unacceptable / dangerous / hysterical / childish text.

[edgarfriendly]

more crap!

i think i'll cry emotionally.

ef

and wait for the blame to pointed everywhere except where it belongs.

good relationships??

pff, funk the neighbours (or funk everyone) seems the order of the nation. take what u can get!!

and then crying.

Edited July 30, 2010 by edgarfriendly

[Robby nz]

Through all of this we should not forget that Thaksin is an advisor to the Cambodian Govt.

I wonder how much of his advice is at work on this one?

Another way to destabelise the country.

[SomTumTiger]

Decision delayed - Abhisit chalks up another diplomatic victory. When will people learn that this guy is a real player.

[dumball]

His doplomatic victory as you call it will be (perhaps) when he actualy solves some of the problems of the country he is supposed to be running instead of doing whatever he can to take some of the heat off of his shoulders , typical Thai government finger pointer .

[geriatrickid]

Decision delayed - Abhisit chalks up another diplomatic victory. When will people learn that this guy is a real player.

What? It is a delay because the Thai government said it was working on demarcation of the border first, not because of political genius. THere has been no endorsement of the Thai position. The Thai position is that if it can agree to a border the Temple issue will go away. Also look at the revised Thai position: it is no longer an outright claim but a proposal to co-manage. That to me is a retreat. My understanding is that Minister Suwit Khunkitti threw the diplomatic version of a hissy fit and said the Thais would withdraw from UNESCO, that they were being discriminated against, blah blah blah. The extension was expected and is basically giving the Thais enough rope to hang themselves.

[Thai at Heart]

Decision delayed - Abhisit chalks up another diplomatic victory. When will people learn that this guy is a real player.

What? It is a delay because the Thai government said it was working on demarcation of the border first, not because of political genius. THere has been no endorsement of the Thai position. The Thai position is that if it can agree to a border the Temple issue will go away. Also look at the revised Thai position: it is no longer an outright claim but a proposal to co-manage. That to me is a retreat. My understanding is that Minister Suwit Khunkitti threw the diplomatic version of a hissy fit and said the Thais would withdraw from UNESCO, that they were being discriminated against, blah blah blah. The extension was expected and is basically giving the Thais enough rope to hang themselves.

All true, but from another perspective, it also buys some time for the law to deal with the PAD and their loony leaders.

The level of fuss that the PAD has kicked up over this issue is ludicrous, and unfortunately for them, I think a lot of people will decide that it is about time they were put well and truly in the pen. If they push the government too far, eventually, Abhisit will let the law deal with them.

What we don't know is what beans someone like Sondhi is willing to spill to discredit the government for his own personal gratification. That said, if it gets rid of people like Kasit and Suthep, I would like it very much if he would spill away.

[RickBradford]

'Patriotism is the last refuge of a scoundrel' - Samuel Johnson

[hammered]

Abhisit is kind of disadvantaged in this game as some other poltiicians signed off on something they could have left unsigned.

Abhisit will be happy with this putting off of things and it is highly unlikely that UNESCO will make a dedison if it is contested by ither Thailand or Cambodia which leaves Hun Sun needing a return of the Thskin party which owes him big time and have already shown they are happy to give in over disputed land in return for help and allegedly some nice business deals. So the next Thai election, if there is one, will likely show how this issue will unfold.

[Kwasaki]

Webfact :- This is not a troll !!!!! "Q" Isn't the entrance to the Temple on the Thai side of boarder ? if so are World Heritage aware of that ?

Edited July 30, 2010 by Kwasaki

[dumball]

Have you not considered that when the temple was built it mattered not a fig where the entrance stairs were built , they are the entrance to a place of worship for all and sundry to enjoy when you consider Buddism is a shared religion , the surrounding peoples lived in harmony for many a generation . Now , a religious artifact that all and sundry from around the world should also be able to peruse and enjoy , regardless of religious belief or tenet , are being targeted for political galn and dilusional honor , what a disgrace for so called peoples of a culture that espowse freedom and friedliness .

Fear ye not my children , Hun Sen hath provided an indisputable access for any and all to come and stand in awe at this antiquity , even down to good roads to drive on for even easier access .

Pity the Thai powers that be cannot find it in thier hearts of piety to act in similar vien , to enbrace those that still believe there is still a modicum of decency left in this tumultous place we now refer to as 'The global Village' , shame , oh shame on thier dark hearts .

[Cuchulainn]

The temple and its grounds belong to Cambodia. Full stop.

[Changian]

It could all have been so much easier if the Thai govt in 1907 hadn't agreed to the border line drawn up by French-Cambodian-Thai committee which showed Preah Vihear in Cambodian territory and then started circulating this map for official use.

Maybe other countries should be able to now go and dispute borders drawn up 100 years ago and which have been previously agreed upon by their own governments. No need for wars, just ask the UN to redraw the border for you.

[RKASA]

Through all of this we should not forget that Thaksin is an advisor to the Cambodian Govt.

I wonder how much of his advice is at work on this one?

Another way to destabelise the country.

Complete BS - Cambodia's position on this matter has never changed. Its the PAD working up another issue which the PM will be the enlightened leader over as planned - your scam notion is directly pointed in the wrong direction. PAD work for this government and protest on cue not out of concern. They also bow out of election on cue. Just like other parties that join boycott's of elections for the right price.

[Thai at Heart]

Through all of this we should not forget that Thaksin is an advisor to the Cambodian Govt.

I wonder how much of his advice is at work on this one?

Another way to destabelise the country.

Complete BS - Cambodia's position on this matter has never changed. Its the PAD working up another issue which the PM will be the enlightened leader over as planned - your scam notion is directly pointed in the wrong direction. PAD work for this government and protest on cue not out of concern. They also bow out of election on cue. Just like other parties that join boycott's of elections for the right price.

One can only really conclude that on certain issues the PAD is running the country by proxy.

[junglist]

It not just about the temple it’s about all the natural gas. At least that what I have head. Anyone have any more information on this?

[RedNIvar]

Through all of this we should not forget that Thaksin is an advisor to the Cambodian Govt.

I wonder how much of his advice is at work on this one?

Another way to destabelise the country.

Complete BS - Cambodia's position on this matter has never changed. Its the PAD working up another issue which the PM will be the enlightened leader over as planned - your scam notion is directly pointed in the wrong direction. PAD work for this government and protest on cue not out of concern. They also bow out of election on cue. Just like other parties that join boycott's of elections for the right price.

One can only really conclude that on certain issues the PAD is running the country by proxy.

Fair conclusion. The PAD did in fact help bring the current PM to power through their self justified terrorism act by laying siege to the Airport. Favors need repayment, backs need scratching, a tit for a tat, and all that.

On the issue of the temple, the is a famous Thai saying that sums it all up.........SOM NUM NAAA

[nikster]

Starts off as a news piece, then turns into a silly opinion piece in the end.

Only the first part of that statement is a little surprising. The Nation is just a silly, silly newspaper. Can't take anything seriously that's written in there. In fact, I wonder whom The Nation is for? Foreigners surely don't read it except by accident. Thais are not going to read it either, there's plenty of Thai papers around. So what is it? I can only conclude that it's a propaganda instrument of some sort, and used to seed articles with a certain viewpoint to get picked up by other news agencies around the world.

Or what do you guys think? Anyone actually reading The Nation?

Edited July 30, 2010 by nikster

[Thai at Heart]

One can only really conclude that on certain issues the PAD is running the country by proxy.

Fair conclusion. The PAD did in fact help bring the current PM to power through their self justified terrorism act by laying siege to the Airport. Favors need repayment, backs need scratching, a tit for a tat, and all that.

On the issue of the temple, the is a famous Thai saying that sums it all up.........SOM NUM NAAA

And when the do-gooders are moaning and groaning that the electoral system is corrupted by vote buying, now we have the political system being corrupted by protests and deals.

All in all very worrying to think that Sondhi and his bunch can effectively hold the government to ransom. I would hope someone will have a quiet word somewhere and speed up the PAD's cases and get them well and truly out of the picture.

[hazz]

I guess thai people are used to the idea that if you have money you can keep going to court until you get the answer you want. Unfortunately the rest of the world does not work like that; if you screw up the court case you end up loosing it for ever. If you look into the background on this you see major screwup after major screwup over the last 80 years some by ancestors of people you cannot criticise; I think we are witnessing just how far thai's will go in collective denial

Edited July 30, 2010 by hazz

[TheBarbarian]

Hun Sen survived everything from idiots like Sam Rainsy to the Khmer Rouge. He will certainly outlive people like Suthep and Abhisit. People with blood on their hands because they need to please criminals like Chamlong and Anupong. The decision is postponed. But other than the Thai government, the Cambodians have maps from france dating back centuries. Those documents make more sense in international courts than American military maps drawn up under plitical pressure during the lost Vietnam war.

[LivinLOS]

In 1962, the International Court of Justice ruled that Cambodia had sovereignty over Preah Vihear. Field Marshal Sarit Thanarat, the then prime minister, cried emotionally when he told the nation via a live radio broadcast that having to lose the temple to Cambodia was one of the darkest moments in the country's history. Thai soldiers guarding Preah Vihear pulled out the poles carrying the Thai flag and left the area with heavy hearts.

At the time, Thailand tacitly honoured - but did not accept - the International Court of Justice's ruling. Thailand's position then, as now, is that it reserves the right to appeal against the court's ruling when the time is appropriate

I think after almost 50 years, your right of appeal has expired !!

[webfact]

Thaksin should help resolving Preah Vihear dispute: coalition partner

The Chart Thai Pattana Party on Friday called for the government to designate the Preah Vihear Temple dispute as a national agenda and urged the intervention of ex-premier Thaksin Shinawatra.

"Chart Thai Pattana remains concerned about the dispute to resurface again next year and wants Thaksin to assist in reasoning with the Cambodian government," party spokesman Watchara Kannikar said.

-- The Nation 2010-07-30

[frankman]

Thaksin should help resolving Preah Vihear dispute: coalition partner

The Chart Thai Pattana Party on Friday called for the government to designate the Preah Vihear Temple dispute as a national agenda and urged the intervention of ex-premier Thaksin Shinawatra.

"Chart Thai Pattana remains concerned about the dispute to resurface again next year and wants Thaksin to assist in reasoning with the Cambodian government," party spokesman Watchara Kannikar said.

-- The Nation 2010-07-30

not worth reading!!!

[animatic]

Through all of this we should not forget that Thaksin is an advisor to the Cambodian Govt.

I wonder how much of his advice is at work on this one?

Another way to destabelise the country.

Exactly.

[SamritT]

Well done Abhisit. We are all behind you.

[keith7777]

ASK THE EDITOR

PM in a bind on Preah Vihear

By Tulsathit Taptim

The Nation

Many people have observed that it was very "un-Abhisit" for the prime minister to threaten to burn the bridges with Unesco without eloquently explaining what on earth was going on in Brazil.

A little travel down memory lane and we may find possible answers.

Abhisit Vejjajiva's scathing attacks on the Samak Sundaravej government two years ago over its support for Cambodia's attempts to register Preah Vihear Temple as a World Heritage Site have limited the prime minister's options. In the 2008 showdown, Abhisit and other Democrats deplored the Samak administration's move as something that might undermine the future Thai stand when it comes to the controversial temple and surrounding areas.

Defending its decision to support Cambodia's registration efforts, the Samak government pointed to two basic legal points. The first was the World Court ruling in 1962 declaring that the temple was on Cambodian territory. The second was Article 61 of the World Court ruling, which states: "No application for revision may be made after a lapse of 10 years from the date of the judgement." Article 61 featured prominently in Cambodia's application document to Unesco, with "LAPSE OF TEN YEARS" written in capital letters.)

The Democrat camp led by Abhisit at the time pointed out Article 60 of the court's ruling. This article allows warring parties to reserve doubts and observations concerning rulings and, unlike Article 61, this one does not spell out any time frame. Which article carries stronger weight is debatable, but the battle line was clearly drawn. The Democrats were saying that any Thai move that could weaken Thailand's "silent protest" against the World Court ruling had to be avoided.

Now that the temple has become a World Heritage Site and the Cambodians are seeking to submit its management plan to Unesco, the Democrats, now in government, find themselves in an awkward position. Supporting the management plan could easily be regarded as hypocrisy and everything could blow up in Abhisit's face.

Ironically, the Abhisit government has found itself more or less in the same situation as the Samak administration. On one hand, there is nothing Thailand could have done to change the fact that the temple belongs to Cambodia. On the other hand, any act to directly or indirectly support Cambodia's sovereign rights could dash any lingering hope for Thai-land to re-file the temple dispute case and, probably worse, embolden Cambo-dia to make related territorial claims.

The Thai delegation led by Natural Resources Minister Suwit Khunkitti went to Brazil somewhat in the dark, not knowing if the Cambodians had sneaked in any sensitive territorial information when they proposed the management plan. When the People's Alliance for Democracy staged a sit-in in front of the Unesco Bangkok office on Wednesday, Abhisit had no choice but to act tough.

In fact, there are considerable safeguards. It is stated clearly in Unesco rules that declaration of a World Heritage Site is not legally binding when overlapping territorial claims are concerned. And a management plan for a World Heritage Site is even less likely to enable one party to assert new territorial claims.

But it doesn't matter now whether concern that Phnom Penh could gain the upper hand over disputed areas surrounding the temple if Thailand supports the management plan is solid or not. The issue has become politically charged, with nationalism about to simmer. One wrong move and what Abhisit said in Parliament to the Samak government in 2008 would come back to haunt him big time. The Pheu Thai Party, surely, must be combing the video and audio archives of the Thai Parliament right now. Abhisit can only hope Unesco will delay the issue, or he will come under great pressure to make good his threat, regardless of whether the management plan is Cambodia's secret tool to gain more ground, literally, or not.

-- The Nation 2010-07-30

I for one would like to see this matter settled with good relations between Thailand and Cambodia as I don't want to see trouble between the two countries. I like both countries and hope it ends up peaceful. That temple is going to be a great asset to the country that it finally belongs to. I am sure that whoever it belongs to will share with the other. Just my opinion.