ICJ hears Cambodia-Thailand border temple case

Cambodia has taken Thailand to the ICJ over recent border clashes

The initial rounds of public hearings on the border dispute between Cambodia and Thailand finished at the International Court of Justice (ICJ) in The Hague on Tuesday 31st May.

The two southeast Asian neighbours have long disputed the territory around the eleventh century Hindu Preah Vihear temple, which was awarded to Cambodia by the ICJ in 1962.

Thailand sought to have the temple jointly listed as a World Heritage Site because much of the access to the temple lies in Thai territory, but Cambodia succeeded in convincing UNESCO to give it a unilateral listing in 2008.

Period military clashes have occurred since, causing dozens of deaths, displacing thousands and even causing damage to the temple.

Cambodia submitted a request to the ICJ for interpretation of the 1962 Judgement in April. They also made an urgent request for the court to order an "immediate and unconditional withdrawal" of all Thai forces from Cambodian territory in the temple's vicinity.

Thailand said that it had accepted and complied with the 1962 Judgement and that as a result the court had no jurisdiction to judge on Cambodia's request.

Both sides blame each other for the fighting that has taken place in recent years.

Cambodia's lead delegate and foreign minister Hor Namhong claimed Thai forces had mounted "murderous armed incursions" into Cambodia's territory.

Thailand's ambassador to the Netherlands, Virachai Plasai, hit back by saying that unprovoked Cambodian attacks on Thai territory amounted to "a blatant and deliberate violation" of the rules of war.

"This portrayal of Thailand as a big bad wolf bullying the lamb of Cambodia is totally wrong," Plasai was quoted in the Washington Post as saying.

The result of the hearing on Cambodia's request for provisional measures should be known within a few weeks, but the larger case could take a number of years if the court decides it does have jurisdiction on the matter.

Thailand and Cambodia are continuing to hold talks through other channels, and held a meeting on 25th-26th May at UNESCO, which was mediated by UNESCO's Director-General Irina Bokova.

Thailand is trying to ensure UNESCO's World Heritage Committee (WHC) understands its position before the WHC annual meeting starts on 19th June, when it will assess a Preah Vihear management plan proposed by Cambodia.

Thailand's representation Suwit Khunkitti, who is also the Thai minister of natural resources and environment, argued that the WHC should postpone consideration of the plan until boundary negotiations are finalised.

Thailand argues that Cambodia wants to include Thai territory in its management plan.

Thailand has long argued in favour of bilateral negotiations as a way of resolving the dispute, whereas Cambodia has pushed for third party interventions. Talks mediated by Indonesia's president in May failed to achieve a lasting cease-fire.

 

10 people were killed in fighting near Preah Vihear in February, and new clashes broke out in April west of the the temple which left 18 dead and some 85,000 displaced.

Sources: Bangkok Post, International Court of Justice, MCOT, Washington Post

For more information, please see the Menas Borders website, here.

Indonesia to send observation team to monitor Thai-Cambodia border

Indonesian FM Marty Natalegawa (C) with Cambodian FM Hor Namhong (L) and Thai FM Kasit Piromya

The Indonesian Defense Ministry has prepared an observer team that will monitor the armistice between Thailand-Cambodia at the border of the two countries, according to Indonesian news sources.

“We will announce it when it is confirmed,” said Defense Minister Purnomo Yusgiantoro at his office in Jakarta on Wednesday 23rd February. He would not however, specify the composition of the team or when it would be established.

 

Purnomo was responding to Thailand and Cambodia's request for Indonesia to arbitrate their conflict, made during meetings in Jakarta on Tuesday 22nd February.

 

Both countries have agreed to a ceasefire after a border conflict two weeks ago left at least eight dead. The request was welcomed by the Indonesian government, which has responded by planning the observer team.

“The government will first send an advanced team to gather initial information,” said Foreign Minister Marty Natalegawa following an informal ASEAN Foreign Ministers' Meeting at the Foreign Department's office in Jakarta on Tuesday, 22rd February.

Marty did not confirm the number of people in the team, but estimated there would be no more than 20 people in each. There will be two teams assigned at the Thai and Cambodian borders. “We haven't decided the leaders yet. Normally they would be military officers. I think there will be more military members,” he said.

Regarding the suggestion to form the observer team, Marty said he had spoken to President Susilo Bambang Yudhoyono, Defense Minister Purnomo Yusgiantoro, and Indonesian Armed Forces Commander Admiral TNI Agus Suhartono. “It won't be in weeks, it will be formed within several days ,” he said.

According to Marty, if one of the countries violates the armistice at the border, the observer team will note it in the report. Later, the report will be submitted to the Indonesian government as the ASEAN 2011 leader. “We then will convey to both parties who has violated and why,” he said.

While the decision to bring in outside observers may appear to be a victory for Cambodia, who has long pushed for third party intervention, the Bangkok Post sounded cautiously optimistic that having observers there would prevent Cambodia from painting the picture of their victimhood at the hands of their larger neighbour.

The larger issue of border demarcation is still in the hands of Cambodia and Thailand, and while Cambodia wants to take the issue to the International Court of Justice, Thailand continues to put its faith in the Joint Boundary Commission (JBC). The date for the first meeting of the JBC since the clashes has not been set, and it is clear that the two sides are currently far apart from each other in their views.

Attention is starting to be turned towards the General Border Committee (GBC), a grouping chaired by the respective defence ministers. Despite the clashes, military ties are closer than the diplomatic ones, and it is hoped that the next GBC meeting will result in a pledge by both sides to end confrontation and restore peace at the border.

Determining ownership over the 4.6sq km at the base of the Preah Vihear temple – the main cause of tension – is beyond the mandate of the GBC however, and will require higher powers to fix.

Sources: Bangkok Post, TEMPO Interactive

For more information, see the Menas Borders website, here.

Visitors to Cambodia's Preah Vihear temple increase sharply in 2010

Tourists visiting Cambodia's Preah Vihear temple increased by almost four fold in 2010 thanks to good security and better infrastructure in the area, director of Preah Vihear province's tourism department Kong Vibol said on Saturday 1st January.

80,356 people visited the temple in 2010, up from 17,174 people in 2009, he told Chinese media source Xinhua by telephone. Of the figures, the domestic visitors were up 3.7 times to 78,419 from 16,405 and the foreign tourists increased by 1.5 times to 1,937 from 769.

"It's a huge increase of the tourists to the temple in 2010 due to better security and stability as the border tension with Thailand has been eased, and the good condition roads--easy to travel,"said Kong Vibol, adding "so visitors feel safe and more confidence to visit the temple."

Thailand and Cambodia had both claimed the eleventh century Hindu temple historically until it was awarded to Cambodia by the ICJ in 1962, based on a 1907 colonial era map. Thailand had been hoping to have the temple jointly listed by UNESCO, but in July 2008, it was enlisted as a World Heritage Site under Cambodian jurisdiction. Soon after a border conflict broke out over claims to the 1.8 square miles at the base of the temple that were not ruled on in 1962. Periodic clashes have broken out since and the border area in the region is heavily militarised. Thailand threatened to withdraw from UNESCO in July 2010 over Cambodia's new land management plans, and UNESCO's decided to put off deciding on the plans until 2011.

Keen to avoid violence, both sides have dedicated themselves to finding a diplomatic solution and the prime ministers of each country have met four times since September.

Given the uncertainty that surrounded the temple throughout July and August, it is perhaps surprising that the temple's tourist numbers were so strong. Perhaps the renewed attention the temple recieved as a result of the conflict boosted domestic tourist numbers as part of a show of nationalism and loyalty.

Thai access to the temple was blocked off as of June 2010, therefore the number of Thai tourists this year was likely to be very limited. In December 2010 however, Cambodia announced that they would reopen the border in the new year, thereby paving the way for increased numbers of Thai tourists in 2011.

In 2010, Preah Vihear province as a whole received 135,657 tourists, up 119 percent from 61,903 in 2009, Kong Vibol said. Of the figure, foreign tourists were up 32 percent to 11,249 from 8,512 in 2009.

Preah Vihear province has three ancient temples for tourists. They are Preah Vihear temple, Koh Ker temple and Preah Khan Kampong Svay temple.

Source: Xinhua

For more information on Thailand and Cambodia's dispute over the Preah Vihear temple, please see the menas borders website, here.