JBC Minutes Withdrawn From Thai Parliament Check

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JBC minutes withdrawn from Parliament check

By Piyanart Srivalo

The Nation

The Cabinet yesterday decided to withdraw the minutes of three meetings of the Thailand-Cambodia Joint Boundary Commission (JBC) from Parliament's consideration to enable the bilateral mechanism to continue talks on boundary demarcation, deputy government spokesperson Supachai Jaisamut said.

The Cabinet learned that the minutes of the three JBC meetings in 2008-2009 were under the jurisdiction of the executive branch, and it agreed to withdraw the documents and allow the Foreign Ministry to continue its work, he said.

The documents need to be submitted for Parliament's consideration only when they were clearly agreements, he said.

The JBC's minutes aroused controversy when the Foreign Ministry submitted them for Parliament's approval last November, but Parliament hesitated to endorse them. The legislative body doubted whether they were documents requiring its approval in accordance with Article 190 of the Constitution.

The Constitution Court rejected a request by lawmakers to rule on whether Parliament was bound to pass the JBC documents.

Cambodia accused the Thai government of using the parliamentary process to delay the JBC's task. Conflict over the boundary, notably at the Preah Vihear Temple, led to a military clash in February and Phnom Penh brought the issue before international forums, including the United Nations Security Council and Asean.

The Cabinet spent some 15 minutes discussing the topic before its decision. Prime Minister Abhisit Vejjajiva and Foreign Minister Kasit Piromya maintained the need for Parliament to pass the document while Tourism Minister Chumpol Silapa-archa led other ministers

in calling for its withdrawal.

Kasit said the documents needed to be passed by Parliament otherwise officials would not have confidence in them. Officials could be jailed if the JBC's work was unconstitutional, he said.

Abhisit said the legislative body still needed to pass the documents as the government had consistently told Cambodia to wait for the parliamentary process before resuming negotiations on the boundary demarcation.

"It would not look good if we simply withdrew the JBC minutes since Cambodia would believe we deceived them with the long-delayed process," an official quoted Abhisit as telling the Cabinet.

"In this case, I believe Cambodia would bring the boundary conflict for the consideration of a world court," Abhisit said without clarifying.

However, Chumpol insisted the withdrawal would enable the JBC to carry on its work. "Please withdraw the JBC documents from Parliament. It is the Cabinet's responsibility. Don't worry. If anybody has to lose credibility in this matter, it would be only the prime minister," he said.

Achaporn Jaruchinda, secretary-general of the Council of State - the legal adviser to the government - said Parliament had no need to pass the JBC documents.

"Legally speaking, as the Constitution Court refused to rule on the case, it means there is no need for Parliament to pass the document," he told Cabinet.

Abhisit finally gave in and suggested the Foreign Ministry withdraw the JBC document from Parliament's consideration and continue negotiations on boundary demarcation.

"Please reaffirm to the public that it would not lead to the loss of Thai territory since the process [of boundary demarcation] is still far from over," he said.

-- The Nation 2011-04-13