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.

UN calls for 'permanent ceasefire' between Thailand and Cambodia

Thai FM Kasit Piromya (left) and Cambodian FM Hor Namhong in New York

The UN Security Council (UNSC) has called for a 'permanent ceasefire' between Thailand and Cambodia after a border dispute erupted into deadly clashes last week around a disputed Hindu temple.

 

The council insisted it would not intervene in the border dispute, and encouraged mediation efforts by Indonesia, the current president of the Association of Southeast Asian Nations (ASEAN).

Clashes broke out on 4th February around the base of the 11th century Preah Vihear temple, and lasted for 3 days. The temple and the area around it has been the cause of great tension between the two neighbours. The International Court of Justice (ICJ) ruled in 1962 that it lay in Cambodian territory, but it did not rule on the 4.6sq km at the base of the temple, where the main access lies, which has been in dispute ever since.

Cambodia sought – and was awarded – world heritage status for the temple in 2008, despite the wishes of Thailand which wanted the temple to have joint Cambodian-Thai status. Border clashes broke out soon after, and tension in the border region has been present since.

Displaced people leave the border region

The most recent spate of violence was, however, the most extreme. At least 10 people died and some 30,000 people were displaced from villages in the border region. Additionally, the temple itself was damaged in one of the Thai artillery offensives. Both sides claimed the other side started attacking first.

Cambodia last week submitted petitions to the UNSC calling for international intervention in handling the issue. Thai, Cambodia and Indonesian representatives met with the UNSC in New York on Monday 14th February.

Council president Maria Luiza Ribeiro Viotti of Brazil made the call for a ceasefire after a closed door session with foreign ministers of Cambodia, Thailand and Indonesia.

"Members of the Security Council urge the parties to establish a permanent ceasefire and to implement it fully," she said.

Ms Viotti said council members expressed "great concern" over the clashes and "called on the two sides to display maximum restraint and avoid any action that may aggravate the situation."

Cambodia has been trying to raise the border fighting issue to the UN platform since 2008, but without success. Thailand has rejected third party intervention and mediation, and despite the current violence, it appears the position has not changed.

Thai foreign minister Kasit Piromya, speaking early on 16th February to the National Broadcasting Services of Thailand (NBT) said Thailand supports a 'permanent ceasefire' agreement and that the country could implement it soon after defense ministers of both countries hold talks.

"Thailand has proposed to hold Joint Boundary Commission (JBC) meeting on Feb 27 and Cambodia should express her sincerity to solve border issue by joining the talks," Thai FM said. At the UNSC meeting, he insisted the two countries could resolve the dispute themselves.

He also said that Cambodia's development plans for the area surrounding the Preah Vihear temple should be halted until negotiations on border demarcation could reach agreement.

"The listing of Preah Vihear temple was seen as the source of fresh tension and had frequently led to cross-border clashes," Kasit said.

On Sunday 13th February, Thai prime minister Abhisit Vejjajiva laid the blame for the crisis on UNESCO's decision to declare the temple ruins a world heritage site even though the land around it is disputed.

Cambodia has taken a tougher line, with foreign ministry spokeman Koy Kuong saying UNESCO was not to blame.

"The war was not caused by the listing of the temple, but by Thailand's invasion of Cambodian territory," said the Cambodian spokesman.

"They want not only the territory, but also the temple."

Cambodia's Prime Minister Hun Sen even went as far as calling the clashes a 'real war', the first time the term has been used to refer to clashes between Thailand and Cambodia.

ASEAN president and Indonesia foreign minister Marty Natalegawa is using the issue to try to raise the standing of ASEAN. His call for a "brief, urgent and informal" meeting with his ASEAN counterparts on 22nd February in Jakarta is an anticipation of a mandate from the Security Council for ASEAN, under his leadership, to take up "regional" responsibility.

A more systematic approach to conflict resolution and dispute settlements as outlined in the ASEAN Charter as well as those contained in the ASEAN Political and Security Community blueprint are likely to be discussed and put into practice.

In recent international security issues, the UNSC has often made use of Article 52 of the UN Charter to share burden and delegate responsibility to existing regional arrangements. ASEAN members have traditionally avoided taking collective responsibility, but it appears that is now changing.

Sources: Bangkok Post, Xinhua, China Post, BBC News

For more information on this dispute, see the Menas Borders website, here.

Tensions remain, but Thailand and Cambodia look for diplomatic solution to temple dispute

In recent weeks, tension between Thailand and Cambodia over the 11th century Preah Vihear Hindu temple – after which one of Cambodia's northern provinces is named - on their border has heated up to near breaking point, but military conflict seems to be a less likely option now as both countries have committed themselves to a diplomatic solution.

Tension has existed over the temple for many years, despite a 1962 International Court of Justice (ICJ) ruling that the temple was in Cambodian territory. The ruling did not, however, include the adjacent land where access to the temple largely lies, and which Thailand insists is its own territory.

Thailand sought to have the countries jointly seek World Heritage status for the site, based on a 2000 Memorandum of Understanding (MoU). However the then Thai Foreign Minister, Noppadon Pattama, was forced to resign in 2008 after it emerged that he had signed a joint communiqué with Cambodia in breach of the Thai constitution. This opened the way for Cambodia to make a separate application for World Heritage Site status which was granted in July 2008. Border skirmishes between the two countries broke out soon afterwards.

The issue re-emerged in late July 2010 when Cambodia moved to submit a new management plan for the temple and 4.6 sq km of adjacent land during UNESCO's World Heritage Committee meeting in Brazil. The Thai delegation, led by Natural Resources and Environment Minister Suwit Khunkitti, attended the forum to lobby against the plan, and argued that the committee should not consider the plan until Thailand and Cambodia have agreed on a demarcation line. Thailand fears that acceptance of the Cambodian management plan would result in a buffer zone being created around the temple, and on 29th July, Thai Prime Minister Abhisit Vejjajiva said that his country would withdraw from UNESCO if the committee accepted the Cambodian plan.

UNESCO agreed to delay making a decision on the plan until the next World Heritage Committee meeting, due to be held in Bahrain in 2011. This failed to resolve the tension however, with both countries accusing the other of military threats. Cambodian Prime Minister Hun Sen wrote to the UN accusing Thailand of threatening to use military force, while Thai troops on the border have reported Cambodian troop movements. Cambodian officials have requested mediation from both UN Secretary-General Ban Ki-moon and Vietnam, which is the current chair of Association of Southeast Asian Nations (ASEAN), but Thailand has said it is a bilateral issue that does not require third-party intervention. Vejjajiva has, however, set up talks with Ban in an effort to ensure that the Secretary-General understands the Thai position before his scheduled visit to Cambodia on 27th October.

Domestic political issue in Thailand have also contributed to the dispute, because the People's Alliance for Democracy (PAD), which is in alliance with Vejjajiva's Democrat Party, led the 28th July protest at UNESCO's Bangkok office. This was in defiance of the emergency decree prohibiting political gatherings that were put in place after political violence in the spring. The group wants Thailand to cancel the 2000 MoU which it claims put Thailand at a disadvantage.

While both sides now agree that diplomatic solutions can be found, Cambodia has postponed a General Border Committee meeting that was due to be held on 27th August, citing tension as the cause.

Thailand, however, has continued to push for a new meeting of the Joint Boundary Commission, to prevent international interference in the dispute. Cambodian Deputy Prime Minister and Minister of Foreign Affairs and International Cooperation Hor Namhong met with ASEAN General Secretary Surin Pitsuwan in Phnom Penh on 16th August, but Thailand declined to send a representative, arguing that the dispute should not be raised to a regional level.

The Preah Vihear temple is only one issue in the long-running border dispute between the neighbouring countries. The maritime dispute – resulting in the 27,000 sq kms Overlapping Claims Area (OCA) – has been in force majeure for decades and has prevented any exploration in the seemingly oil-rich area.

Menas Borders has undertaken detailed analysis of the Thailand-Cambodia maritime dispute. For further details please contact info@menasborders.com

Sources: MCOT, MCOT 2, Bangkok Post, Bangkok Post 2, Voice of America