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ANSWER: Again it is unclear who instigated the resumption of shelling in the evening
of Sunday February 6th. Both sides claimed the other side fired first. This situation
most likely developed because of tensions on the border and poor command and
control by national authorities over local forces at the border. Both sides claim the
right to retaliate and thus the slightest movement by one side could easily lead to an
armed response on the other. This situation is unstable and could quickly lead to
escalation involving rockets, mortars and heavy artillery. It is surprising that
casualties have remained limited. Thailand has lost two soldiers and Cambodia three.
Thousands of civilians along the border have had to be evacuated.
3. The two countries have erupted into violence near Preah Vihear several times
since the World Heritage listed it as a Cambodian World Heritage site? Why the
current conflicts seem more serious than before? Many medias say it is because of
demonstrations in the Bangkok. Do you think so?
ANSWER: The last serious border incident before the present one took place in 2008.
At that time Thailand was in turmoil as the red and yellow shirt political factions
battled it out in the streets of Bangkok. Cambodia was in the midst of an election
and Prime Minister Hun Sen used the border incident to rally domestic support.
It is clear that political instability in Thailand, and nationalist claims by the People’s
Alliance for Democracy, have put national sovereignty issues on the political agenda.
The Yellow Shirts once supported the current Prime Minister Abhisit Vejjajiva, now
they are denouncing him for selling out Thai sovereignty to Cambodia. But this factor
only provides the context for what took place.
Because Thailand and Cambodia hold such exaggerated views of territorial
sovereignty, they have deployed armed troops and heavy weapons to the border
area. This lends itself to a situation where any misunderstanding or miscalculation
can suddenly escalate into armed hostilities.
4. Why the International Court of Justice ruled that the temple belonged to
Cambodia in 1962? What are the propositions of the two countries after that? Do
they both have supporters in international society?
ANSWER: The International Court of Justice ruled in 1962 that the Preah Vihear
Temple fell under Cambodian sovereignty because Siam, as Thailand was then called,
accepted maps drawn up by the French in 1907 delimiting the border. Siam and
France agreed to establish the border on the basis of the watershed. Because Siam
lacked the technical means, it requested France to survey the border. When France
completed this task it printed maps and provided copies to Siam. These maps
showed Preah Vihear inside Cambodian territory.
In 1934‐35 a survey of the border indicated that the French may have erred in
drawing the true watershed. But as late as 1947 Siam (now Thailand) used these
French maps. It was only in 1958 that Thailand began to challenge the French‐drawn
maps. The International Court of Justice ruled, irrespective of whether the
watershed line was correctly drawn or not, because Thailand had not objected when
it was first given the French maps, it acquiesced in the matter.
Thailand accepted the 1962 ruling about Preah Vihear temple by withdrawing its
police and military from the temple. But Thailand has continued to argue on
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technical grounds that the French maps have no legal standing and that the border
should be determined by the watershed. Thailand argues this would put Preah
Vihear temple in Thai territory.
In 2008 Thai domestic politics intruded and nationalists began to contest the 4.6
square kilometers of land around the temple arguing that the International Court of
Justice never ruled on sovereignty. Thai politics were divided between the red shirts,
supporters of ousted prime minister Thaksin Shinawarta, and the yellow shirts.
Cambodia inflamed the situation by appointing Thaksin as economic adviser to the
government.
Last year Thaksin resigned his position and Thailand and Cambodia restored friendly
relations. As late as December 6, 2010, Prime Minister Hun Sen declared that
relations with Thailand ‘have returned to normal’.
Relations today are bad because of the actions of Yellow Shirt nationalists. Cambodia
has not only inflamed the situation, but has attempted to take advantage of the
situation by winning international support as a small country which is victim of
aggression by its larger neighbor.
Neither Thailand nor Cambodia has support in the international community for its
territorial claims. The international community looks first to ASEAN and then the UN
Security Council to take action. ASEAN has some difficulty because its Secretary
General, Surin Pitsuwan, is a Thai. In 2008 Prime Minister Hun Sen stated that Surin
was unacceptable as an interlocutor. This year it has been the Indonesian Foreign
Minister, as chair of ASEAN, who has intervened and asked both sides to accept a
ceasefire and return to the negotiating table.
Thailand refuses to accept outside intervention, including from the UN, because it
argues this concedes that Cambodia has a legitimate claim. ASEAN cannot intervene
effectively unless it has the consent of both parties. ASEAN members uphold their
principle of non‐intervention in the internal affairs of other states and have not
taken sides. Singapore and Vietnam, for example, have called for a peaceful
resolution of the issue.
The UN Security Council is unlikely to take binding action because the situation on
the Thai‐Cambodian border does not meet the criterion of being a “threat to
international peace and security.”
Before further progress can be made on the border issue, Thailand must form a
stable government following national elections this year. This is by no means certain.
The situation along the Thai‐Cambodian border near Preah Vihear temple is likely to
remain unstable and a continuing source of contention.
UPDATE (February 17th 2011):
As a result of a Cambodian letter to the president of the United Nations Security
Council, the Security Council scheduled a meeting on Monday, 14th February to
discuss the Thai‐Cambodian border situation. The Security Council invited the
Foreign Ministers of Cambodia and Thailand and Indonesia as ASEAN Chair to attend.
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According to Foreign Minister Natalegawa, ‘It is the right of every member of the
United Nations to call for a meeting of the Security Council. Cambodia asked for the
meeting and therefore the UN must fulfill that obligation’.
ASEAN Secretary General Surin Pitsuwan stated on 10th February that the presence
of the ASEAN Chair at the UN Security Council meeting represented an evolution in
ASEAN’s efforts to resolve bilateral disputes among its members under the ASEAN
Charter. Surin stated, ‘This is particularly important as it will set [a precedent] for
future ASEAN dispute settlement mechanisms’.
On February 14th the foreign ministers of Cambodia and Thailand presented their
cases to the UN Security Council. After the meeting the Security Council issued a
statement calling ‘on the two sides to display maximum restraint and avoid any
action that may aggravate the situation’, to establish and fully implement a
permanent cease‐fire, and ‘resolve the situation peacefully and through effective
dialogue’.
The current President of the UN Security Council, Maria Luiza Riveiro Viotti (Brazil)
stated after the meeting that the Security Council would take further action if
necessary but ‘right now regional efforts are in full force… of course, we hope it will
be peacefully settled by the parties with ASEAN mediation’. Cambodia immediately
welcomed ASEAN’s involvement while Thailand declared that it ‘has neither the
intention nor the desire to seize territory of a neighbouring country’ and was
‘committed to peace’.
The end result is that the UN Security Council has deferred to ASEAN as a regional
organization in this matter. The UN Charter specifically refers to the role of regional
organizations (with the proviso that they report to the UN Security Council).
Cambodia and Thailand both expressed their willingness to accept ASEAN mediation.
Foreign Minister Natalegawa stated that the Security Council’s decision to let ASEAN
take the lead in creating an atmosphere conducive to peace talks between the
parties involved demonstrated that multilateral and regional efforts could go hand in
hand to help bilateral talks to resolve the conflict. Natalegawa stated, ‘ASEAN
countries have approved a foreign minister’s meeting in Jakarta next Tuesday [22nd
February] although some of them may be absent due to other arrangements. But
Cambodia and Thailand have committed to come’.
The purpose of the ASEAN meeting would be to encourage Cambodia and Thailand
to commit to a peaceful settlement of disputes and to reaffirm their commitment to
renounce force or the threat of force under the ASEAN Treaty of Amity and
Cooperation. A second purpose of the meeting is for ASEAN to support a ceasefire
between Thailand and Cambodia and ‘enhanced communications modalities’ to
respect the cease‐fire. This would create an atmosphere conducive to resuming
formal negotiations. Natalegawa concluded that ‘ASEAN may facilitate such talks and
be informed by the parties concerned on the general outline of their progress’.
Assessment: Cambodia has succeeded in internationalizing the border conflict with
Thailand by getting the matter raised by the UN Security Council. But Cambodia did
not succeed in getting the Security Council to approve a UN fact‐find mission or the
lodgment of observers and/or peacekeepers to prevent a renewed outbreak of
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violence as it requested. Thailand, which has sought to prevent outside intervention
and keep the conflict a bilateral issue, has been unsuccessful in this respect.
UN Security Council involvement and ASEAN’s intervention provide a ‘face saving’
mechanism for both Cambodia and Thailand to refrain from further acts of violence.
It is not in the interest of either party to be seen as obstructing the peace efforts of
either the UN or ASEAN.
ASEAN officials have taken the line that ASEAN intervention represents a positive
step in implementing dispute settlement mechanisms mentioned in the ASEAN
Charter.
ASEAN’s role is the subject of dispute among regional analysts. Some Southeast
Asian regional analysts hold that UN involvement is a positive step in assisting ASEAN
develop ‘new modalities in resolving conflicts’ among its members. Other Southeast
Asian analysts have taken a different view. They argue that ASEAN has fallen short of
expectations that it could effectively mediate a dispute among its members by
acquiescing to UN involvement. These critics note that ASEAN officials did not
attempt to utilize the ASEAN High Council mechanism to resolve this dispute. One
critics argued, ‘if ASEAN keeps escalating conflicts between members fo the UNSC,
ASEAN’s credibility will soon vanish’.
The bottom line is that a resolution of the Thai‐Cambodia border dispute has been
left in the hands of the two belligerents. Either or both could resort to cynically
manipulating bilateral discussions for their own ends rather than seeking a
permanent resolution of the conflict.