ICJ rules in Cambodia's favour

The International Court of Justice (ICJ) announced this morning that sovereignty over the disputed Preah Vihear Temple, on Cambodia's border with Thailand, should rest with Phnom Penh. Bangkok has been ordered to withdraw “ military or police forces or other guards or keepers” from the promontory of the 900 year-old UNESCO world heritage site, according to the ICJ's President, Judge Peter Tomka. Many hope the decision will see an end to the recent escalation of tensions between the two south east Asian neighbours, which saw Thai aircraft flying low over the territory on Saturday and nationalist groups saying that they would reject any finding of the ICJ.

Cambodia filed its application to the ICJ on 28 April 2011, requesting an interpretation of the Court's 1962 judgement, which ruled in favour of Cambodia, concerning the century-long border dispute over the promontory of the the Preah Vihear Temple in the Dangrek Mountains. In its 2011 application, Cambodia stressed the need for Thailand to withdraw its troops from the area, cease all military activity in the vicinity and refrain from any act that could aggravate the dispute, lest irreparable damage be done to relations between the two parties. Thailand refuted the claims that there was still a dispute and that these special provisions, regarding its military, be implemented.

The dispute had resurfaced in 2007, when Cambodia submitted an application to UNESCO to list the Temple as a World Heritage site. The application was subsequently withdrawn, following complaints from Bangkok, and was resubmitted, but with the area surrounding the Temple removed from potential site status. On 7 July 2008, the site was inscribed onto the World Heritage List with a “revised graphic plan”, excluding the area disputed by Bangkok and Phnom Penh. This decision led to several years of armed exchanges in and around the Khao Phra Viharn National Park, on Cambodia's northern border with Thailand.

The Temple has been the subject of belligerent political posturing by both parties since the late 19^th century and has been occupied by both sides at various points during the 20^th century. On 15 June 1962, the ICJ awarded possession of the Preah Vihear Temple to Cambodia, citing colonial maps from 1907, which clearly placed the Temple within Cambodian territory. These maps showing this demarcation were knowingly circulated by Thailand at the time, despite findings to the contrary by a bilateral boundary commission three years earlier. The area around the Temple was the only portion of the 803 km boundary that did not follow exactly the watershed line around the Dangrek Mountains, which “in a general way, constitutes the boundary between the two countries in this region”. This angered Thailand, who, nonetheless, reluctantly agreed to the ICJ verdict.

Cambodia agrees to uphold peace on disputed border

Cambodia's Deputy Prime Minister and Foreign Minister Hor Namhong said Monday that Cambodia has agreed to maintain peace along its disputed border with Thailand, irrespective of the ICJ's upcoming decision concerning the territory surrounding Cambodia's Preah Vihear Temple. Since it was approved as a UNESCO World Heritage Site on 7 July 2008, the Temple has been the scene of intermittent conflict between Cambodia and Thailand, the latter claiming ownership of the 4.6 km² of territory adjacent to the site.

"Whatever decision the ICJ makes, the Cambodian government of Prime Minister Hun Sen and the Thai government of Prime Minister Yingluck Shinawatra will abide by the court's decision, and we will maintain friendship, cooperation and serenity along the border," said Namhong to the Director General of UNESCO,Irina Bokova, who welcomed the announcement, agreeing that a peaceful solution was in tune with UNESCO's vision of protecting heritage sites all over the world. The Court is expected to rule on the disputed land, which has tested relations between the two south-east Asian nations for decades, by the end of this year.

Cambodia filed an application to the ICJ on 28 April 2011 requesting an interpretation of the Court's judgement on 15 June 1962 (which ruled in favour of Cambodia) concerning the century-long border dispute in and around the area of the Preah Vihear Temple in the Dangrek Mountains. In the 2011 application, Cambodia stressed the need for Thailand to withdraw its troops from the area, cease all military activity in the vicinity and refrain from any act that could aggravate the dispute, lest irreparable damage be done to relations between the two parties. Thailand refuted the claims that there was still a dispute and that these special provisions regarding its military be implemented. The Court ruled against Bangkok and has since heard opening statements from both parties.

ICJ issues provisional ruling on Cambodia-Thailand temple case

The International Court of Justice (ICJ) has issued a ruling on provisional measures in the Cambodia-Thailand Preah Vihear temple case, on Monday 18th July.

The Court, the UN's highest body, ordered both sides to immediately withdraw their military personnel from a newly defined provisional demilitarised zone.

It also ruled that Thailand should not obstruct Cambodia's free access to the Preah Vihear temple, prevent it from providing supplies to non-military personnel, and should restart talks though ASEAN.

The Court unanimously rejected Thailand's request for the case, which was introduced by Cambodia, to be thrown out.

Both sides appear to have accepted the ruling. Thailand's acting foreign minister, Kasit Piromya, said the Thai government would comply with the order, and that he was pleased that the order applied to both countries, rather than just Thailand as Cambodia had hoped for.

Cambodia's Foreign Minister Hor Namhong also viewed the ruling as a victory. “It will be tantamount to the cessation of aggression of Thailand against Cambodia,” he was quoted in the New York Times as saying.

At the heart of the dispute is the eleventh century Preah Vihear temple. In 1962, the ICJ ruled that the temple lay within Cambodian territory, based on a 1907 French-Thai map. But the territory around the temple was not demarcated, and has caused problems ever since.

Cambodia won unilateral UNESCO World Heritage Status for the temple in 2008, which sparked a brief border conflict. There have been further clashes since, and over 30 people have died in a series of border clashes in 2011 alone.

Monday's decision is the first in what promises to be a lengthy and complicated judicial process, according to the BBC.

Sources: BBC News, ICJ, MCOT, New York Times

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

Cambodia welcomes Thai election results

Thaksin Shinawatra described his sister Yingluck as his "clone"

Cambodia has expressed its pleasure at Thailand's election results, as Thailand's opposition Puea Thai Party won a landslide victory on Sunday 3rd July.

Puea Thai's leader, Yingluck Shinawatra, who only entered politics six weeks ago, is the youngest sister of former Thai prime minister Thaksin Shinawatra, who in 2009 and 2010 served as a special economic advisor to Cambodia's Prime Minister Hun Sen.

“We cannot hide that we are happy with the victory of the Puea Thai Party,” Cambodia's Foreign Minister Hor Namhong told reporters after making a toast with a glass of champagne with diplomats.

“We hope this new government will solve the problems with Cambodia more positively and more peacefully,” Hor said.

The Phnom Penh Post reported that incoming prime minister, Yingluck Shinawatra, said on 4th July that restoration of ties with neighbouring countries would be a priority for the new government.

While she did not name any specific countries, it is understood that she was referring to Cambodia.

Tension between the two southeast Asia neighbours resulted in border clashes in February and April this year. The fighting left nearly 30 people dead and destroyed many homes.

Much of the tension revolves around the eleventh century Hindu Preah Vihear temple. While the International Court of Justice (ICJ) ruled that the temple lay in Cambodian territory in a 1962 ruling, the grounds around the temple were not demarcated and have proved a thorny issue since.

The difficulties between Cambodia's Hun and Thailand's outgoing prime minister Abhisit Vejjajiva were well known. In 2009, Hun said Abhisit had “no family honour” and said he was the most difficult Thai leader he had ever worked with, according to the Phnom Penh Post.

Hun's relationship with Thaksin, who was ousted in a military coup in 2006, is known to be very close. Hun has called Thasin his “eternal friend” and he appointed him an economic advisor.

Thaksin, who was convicted in absentia on corruption charges, now lives in self-imposed exile in Dubai.

Analysts believe the election of a pro-Thaksin government in Bangkok will bring in a period of closer relations with Cambdoia.

“Cambodian officials have said border conflicts surrounding old temples can be resolved [immediately with a new Thai government]. The prospect is better now than under Democrat Party rule,” University of Indonesia Southeast Asian political expert Cecep Hidayat was quoted in the Jakarta Post as saying.

Indonesia, as current chair of ASEAN, played a large role in trying to encourage talks between the two sides in recent months. It is expected to make a push to resume negotiations once Yingluck has taken office.

The Bangkok Post reported that as news of the election results came in, Cambodian soldiers at the border expressed delight at the news and said the atmosphere relaxed considerably.

Sources: Bangkok Post, Jakarta Post, Phnom Penh Post, Reuters

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

Thailand withdraws from World Heritage Convention over border dispute

Cambodian troops at Preah Vihear are on high alert

Thailand announced on Saturday 25th June that it was withdrawing from the World Heritage Convention with immediate effect, after the World Heritage Committee (WHC) refused to postpone discussion of Cambodia's Preah Vihear temple management plan.

Thailand's Natural Resources and Environment Minister Suwit Khunkitti, who led the Thai delegation at the WHC meeting in Paris said Thailand would leave the Convention and withdraw from the 21-member WHC because it continues to ignore Thailand's concerns that Cambodia's plans could negatively affect Thailand's sovereignty and territory.

Thailand and Cambodia have long disputed the border in the territory of the eleventh century Hindu Preah Vihear temple, which was awarded to Cambodia by the International Court of Justice in a 1962 ruling.

The ruling did not, however, rule on the territory around the temple, and in particular, a 4.6 square kilometer area has become particularly disputed.

Cambodia and Thailand have had a number of border clashes in the region of the temple in the last year, and Suwit had asked the WHC to defer discussion of Cambodia's plan until border demarcation was completed.

Thailand opposed the terminology of Cambodia's proposal, which called for 'urgent repair and restoration', preferring instead 'protection and conservation'.

 

UNESCO's Director-General Irina Bokova has sent a letter expressing her regret over Thailand's decision to withdraw from the World Heritage Convention.

“The World Heritage Committee did not discuss the management plan of the Preah Vihear temple nor did it request for any reports to be submitted on its state of conservation. Moreover, it needs to be clarified that UNESCO's World Heritage Centre never pushed for a discussion of the Management Plan by the Committee,” Bokova said in the letter.

Acting government spokesman Panithan Wattanayakorn said that while Thailand has no objection to the work of UNESCO in preserving and protecting the world's cultural and natural properties, it should not impact on border disputes.

He also rejected Cambodia's claim that troop reinforcements had been sent to the border and said that Thailand was ready to cooperate with its neighbour.

Cambodia's Prime Minister Hun Sen said on Monday 27th June that troops stationed on Cambodia's border with Thailand had been put on high alert.

“They [the Thai WHC delegates] were angry walking out from the summit and they whispered to one ambassador that they will go back to fight. Therefore, I ordered the military to immediately [start] monitoring the situation from midnight [on Sunday],” he claimed, adding that all troops along the border were on high alert.

Thai National Army chief Prayuth Chanocha had also put his border forces on alert. “Thai and Cambodian soldiers have been in contact on a regular basis since the last clashes along the border, but there's not a high degree of trust between them yet,” the Bangkok Post quoted Prayuth as saying.

Thailand is set to go to the polls on Saturday, 3rd July, and Cambodia's Hun said Thailand might launch an attack across the border to create an excuse to cancel the election.

 

Democrat Party leader Abhisit, who is campaigning for re-election said the border conflict with Cambodia was not a factor that could derail the election.

Sources: Bangkok Post, MCOT, Phnom Penh Post, Thailand Business News

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

Suwit's decision has not been universally welcomed in Thailand. He reported to the Cabinet his decision to walk out, and while caretaker prime minister Abhisit Vejjajiva supported his decision, the foreign ministry did not, according to Thailand Business News.

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.

Thailand admits use of cluster bombs against Cambodia

Unexploded bomblets are found in a Cambodian field, Source: CMC

An international organisation dedicated to preventing the use of cluster bombs announced that Thailand has admitted to using them in its border conflict with Cambodia in early February this year.

The Cluster Munitions Coalition (CMC) claimed Thailand has confirmed its findings, based on two separate on-site visits, at a meeting on Tuesday 5th April.

According to the CMC, this is the first use of cluster munitions anywhere in the world since the 2008 Convention on Cluster Munitions entered into force and became binding international law.

While neither Thailand nor Cambodia have signed the Convention on Cluster Munitions, both of them are party to a 1997 landmine ban treaty. The convention bans production, stockpiling and use of cluster munitions.

Cluster munitions are large weapons, typically deployed from the air, that release dozens or hundreds of smaller submunitions, according to the CWC. When dropped from the air their dispersal is often widespread, which means that both military targets and civilians can be impacted.

Many submunitions, or bomblets, fail to detonate on impact and can manifest in a similar way to landmines, killing and maiming people long after the conflict has ended.

The bomblets are often brightly coloured, which attracts children, who can be badly hurt if they pick the bomblets up. According to campaigners, thousands of villagers are now at risk of serious injury because of unexploded clusters near their homes.

The Thai government spokesman Panitan Wattanayagorn argued on 6th April that the shells used by the Thai army were not the same as the cluster munitions mentioned by the CMC. He did admit, however, that the Thai army used “dual-purpose improved conventional munitions”, according to the Bangkok Post.

If, however, the government admitted to using the bomblets in a meeting with the CWC, it would represent a significant shift in the government's position. Soon after the clashes, which lasted for four days in early February, Cambodia accused Thailand to using the weapons. Thailand initially denied the claim and said it was the Cambodian forces who had used the cluster munitions.

It seems plausible that the Thai army opted to use cluster bombs instead of high-explosive munitions to avoid causing extensive damage to the Preah Vihear temple. This decision is likely to cause severe problems for the local communities for years to come.

The CMC's findings are likely to add a further strain to Thai-Cambodian relations, which haven't improved much since the February conflict. The Thai army has recently refused to attend a General Border Committee meeting in Indonesia, and minutes from a Joint Boundary Committee meeting are still waiting to be endorsed by the Thai parliament.

The clash has caused further problems as well. Statistics from the Cambodian Ministry of Tourism released on Monday 4th April showed that the number of Thai tourists visiting Cambodia in February dropped by almost fifty percent from the same month last year.

6,194 Thai tourists visited Cambodia in February 2011, compared to 12,269 in 2010. Cambodia's Minister of Tourism Thong Khon acknowledged that the drop was inevitable.

“Although the clashes occurred, we have never prevented Thai tourists from entering Cambodia, but they have concerns and decided not to come”, he was quoted in Xinhua as saying.

Sales of Thai products have also fallen considerably in Cambodia.

Sources: BBC News, Cluster Munitions Coalition website, Xinhua, Bangkok Post

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

Soldiers exchange fire along Thai-Cambodian border

Cambodian soldiers at the Preah Vihear temple

Gunfire has been exchanged by Cambodian and Thai soldiers on the afternoon of Friday 4th February.

The clash started just after 1500 local time near the disputed 4.6 square km around the base of the Preah Vihear temple. At least two Thai soldiers have been wounded according to the Bangkok Post, and it is not clear if there were any injuries on the Cambodian side.

Unsurprisingly, both sides blame the other for starting the clash. Thai Lt-Gen Tawatchai Samutsakhon, the second Army commander, said it was Cambodian troops who started the shooting. A Cambodian government spokesman, however, told the BBC that Thai soldiers had encroached upon Cambodian territory, and said a similar incident had only been narrowly avoided the day before.

The BBC reported that witnesses in the area said that Thai troops had attacked a Cambodian Buddhist pagoda in the border area.

Artillery shells have landed in Huay Thip village, north of the Preah Vihear temple and about 1km from Phu Makhua mountain, which is part of the disputed area.

Thailand's TNN TV news channel carried a live report from a villager in the area, who said a 50 year old man had been killed and others hurt by artillery shells which landed in his village, which is well inside Thai territory.

Tension has been on the rise between Thailand and Cambodia in recent weeks after a group of 7 Thai citizens were arrested and charged with illegally entering Thai territory. Two of the arrested are nationalist activists, and they have been convicted of espionage.

Thailand's Foreign Minister Kasit Piromya was in Cambodia on Friday holding talks with his Cambodian counterpart, Hor Namhong to try to defuse tensions. They agreed to work to calm tensions over a dispute over the use of national flags in the disputed border region near Preah Vihear temple. They also pledged their commitment to efforts to the demarcation negotiations taking place through the Joint Boundary Commission (JBC).

Mr Kasit said he would visit Veera Somkwankid and Ratree Pipatanapaiboon, the two jailed activists to discuss what help could be provided by the government.

The 11th century Preah Vihear temple was awarded to Cambodia in a 1962 International Court of Justice ruling. The 4.6sq km area around the base of the temple was not, however, ruled on, and has remained in dispute since. The temple became a world heritage site in 2008 under sole Cambodian ownership, an event which immediately sparked border clashes. The border situation has remained tense between the two neighbours ever since.

Sources: BBC News, Bangkok Post

For more information on the Thailand-Cambodia border dispute, see the Menas Associates 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.

Cambodian PM says will open border with Thailand, as Thai army chief visits Phom Penh

Cambodia announced on Tuesday 21st December that it will open its side of the border near Preah Vihear temple after the New Year.

The announcement was part of a series of statements that accompanied the visit of Thailand's army chief to Cambodia. General Prayuth Chan Ochu made a two day visit to Phom Penh, and he promised on Monday 20th December that his government would not allow any group to use Thai territory to mistreat Cambodia.

The visit also saw the release of three Thai villagers that were imprisoned for spying after being caught on the wrong side of the border while hunting and foraging. They were freed on 21st December from a Siam Reap prison upon receiving a royal pardon from King Norodom Sihanouk to mark the 60th anniversary of the Thai-Cambodian diplomatic relations.

General Prayuth said in an interview on his return from Cambodia that the relations between the two countries had been strengthened by his visit. Tension between the neighbours reached a high in July 2010 over Cambodian plans for the Preah Vihear temple, which sits in the border region, but relations have improved since and the top leaders of both countries have met four times this autumn.

General Prayuth only took office in September, and he said the purpose of his visit was to introduce himself to Cambodian Prime Minister Hun Sen. He thanked Hun for his efforts during the last two months to ease the tension, and in response Hun said that Cambodia will insist upon peaceful negotiation with Thailand, and will avoid military confrontations.

As well as announcing that Cambodia will open its side of the border near Preah Vihear, Hun encouraged Thailand to reopen its side of the border. Hun also said that demarcation of the common border should be carried out as soon as possible. He said that he expected the Joint Boundary Committee (JBC) to hold a meeting in the new year.

"Since we are neighbours and cannot move away from each other, we should cooperate and stay together in peace.”

"Thailand and Cambodia are like a tongue and teeth which must be in contact. It is not right that the teeth must be removed if the tongue is bitten," the Cambodian prime minister said to Gen Prayuth.

During the holiday period, both Thai and Cambodian military leaders are expected to visit their soldiers in the Preah Vihear area to show that their troops are still in the disputed area, but without confrontation. The meeting also resulted in an agreement that Cambodian troops will be sent to Thailand to study the Thai military.

Sources: Bangkok Post, People's Daily

For more information on Thailand and Cambodia's land and maritime border disputes, please see the Menas Borders website.

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