Bangkok--Mar 25--MFA
Recent media reports on the Temple of Preah Vihear have generated a wide ranging debate. Two issues in particular have been the subject of comments and criticism. First, some Cambodian media and Thai academics wonder why Thailand is attempting to block Cambodia’s application for the inscription of the Temple of Preah Vihear on the UNESCO World Heritage List given that the International Court of Justice ruled long ago that the Temple is situated in territory under the sovereignty of Cambodia. Second, some Thai media and members of the public fear that the successful inscription of the Preah Vihear Temple would result in loss of Thai territory in the areas in the vicinity of the Temple and wonder what the Government is doing on the matter.
The Temple of Preah Vihear holds an important place in the history of Thai-Cambodian relations as the title over the Temple was once the subject of a dispute between the two countries. The dispute, however, was settled by a result of a judgment of the International Court of Justice (ICJ) in The Hague, the Netherlands, on 15 June 1962, granting the title over the Temple to Cambodia. The Thai cabinet resolution of 1962 demonstrated her acceptance of the ICJ ruling. Therefore, the assumption implicit in the first question that Thailand does not accept Cambodia’s title over the Temple of Preah Vihear is categorically incorrect.
However, the ICJ did not decide on the exact location of the boundary line between Thailand and Cambodia in the area. The same cabinet resolution that accepted the ICJ’s ruling also reiterated Thailand’s understanding of the boundary line in the area. Then Foreign Minister Thanat Khoman also sent a Note to formally inform the United Nations in 1962 of Thailand’s acceptance of Cambodia’s title over the Temple building proper and the boundary line to which Thailand adheres. To date, Thailand still adheres to a different boundary line and a different map than that of Cambodia, resulting in overlapping territorial claims over the areas around the Temple of Preah Vihear.
This situation is by no means unusual as along the Thai-Cambodian borders, there are a number of areas where demarcation remains incomplete, not just the area in the vicinity of the Temple of Preah Vihear. Both the Thai and Cambodian governments have been consulting and cooperating with one another for some time to resolve the issue in an amicable manner. In 2000, both governments agreed to establish a Joint Boundary Commission, in accordance with the Memorandum on Understanding between Thailand and Cambodia on the Survey and Demarcation of Land Boundary of 2000. The mechanism is in place and functional. The Thai Government, on its part, remains ready and willing to cooperate with Cambodia through this mechanism.
If that is the case, what then is Thailand’s concern over the inscription of the Temple of Preah Vihear on the World Heritage List?
Actually, Thailand does not oppose Cambodia’s nomination of the Temple of Preah Vihear as World Heritage Site. Thailand accepts that the Temple belongs to Cambodia as it honors the ICJ’s decision on the matter. More importantly, Thailand recognizes the cultural and historical value of the Temple, which deserves to be considered a common heritage of mankind. Thailand is therefore of the view that the Temple should be appropriately restored and preserved and become a symbol of the close and enduring friendship and mutual benefits between the two countries.
In fact, the Thailand-Cambodia Joint Cabinet Retreat in 2003 agreed to jointly develop the Temple of Preah Vihear. As a result, a “Joint Committee for Development of Preah Vihear Areas” was even established and met in Bangkok on 25 March 2004. The claim that Thailand deliberately hampered the inscription of the Temple of Preah Vihear on the World Heritage List is therefore inaccurate.
What worries Thailand is not the title over the Temple but rather the fact that the zonings, stipulated in the documents submitted by Cambodia to UNESCO for the purpose of inscription, include areas in the vicinity of the Temple which Thailand considers to be Thai territory. Until the boundary demarcation is completed, therefore, Thailand has to act to protect its legitimate rights, as this issue will affect the sovereignty and territorial integrity of both sides.
The rationale behind Thailand’s action is self-explanatory. Any country in Thailand’s position would do the same thing. The Ministry of Foreign Affairs has pursued diplomatic and legal means all along to preserve and protect the country’s rights.
However, taking action to protect national rights in the areas of overlapping territorial claims does not necessarily lead to armed conflict or confrontation. There is no problem that such close friends and neighbors cannot resolve, especially since a comprehensive mechanism has been in place since 2000.
Through dialogue, this unresolved question of demarcation should not hamper the development of the Temple of Preah Vihear. For the benefit of restoration and development of this significant historical site, if the Temple is to be inscribed as a World Heritage Site, there should be a clear agreement on a provisional joint management mechanism or system for the area under overlapping territorial claims by the two countries until the boundary demarcation is completed. Upon the instruction of the Thai Government, the Ministry of Foreign Affairs is in consultations with the Cambodian side on this matter. The establishment of a joint management mechanism would help make the inscription of the Temple of Preah Vihear on the World Heritage List meaningful and implementable. It would facilitate, for examples, the restoration and preservation of the Temple, conservation of the environment and visits by academics, students and tourists. This would benefit both Thailand and Cambodia, without having to worry about the overlapping territorial claims or wait for the completion of the boundary demarcation, which is likely to take some time.
The second question is whether Thailand will lose part of its territory as a result.
Up to this point, the process for the inscription of the Temple of Preah Vihear on the World Heritage List has not been finalized. Whether or not the Temple will be inscribed on the World Heritage List, the work of UNESCO and the World Heritage Committee are entirely unrelated to boundary issues. The Convention concerning the Protection of the World Cultural and Natural Heritage of 1972 specifically states: “The inclusion of a property situated in a territory, sovereignty or jurisdiction over which is claimed by more than one State shall in no way prejudice the rights of the parties to the dispute.” Furthermore, UNESCO and the World Heritage Committee themselves acknowledge that they do not have a mandate or authority regarding boundary matters, as they are interested in and responsible for cooperation on historical and cultural matters only.
Cambodia also confirms that the inscription of the Temple of Preah Vihear will not affect the boundary claims of both countries. During consultations at the prime ministerial level, between Mr. Samak Sundaravej and Somdech Akka Moha Sena Padei Techo HUN SEN on 3-4 March 2008, and at the foreign ministerial level, between Mr. Noppadon Pattama and Mr. Hor Namhong in Singpore on 20 February 2008, Cambodia sought Thailand’s support for the inscription of the Temple of Preah Vihear on the World Heritage List. Cambodia has given an assurance that the inscription will not affect the on-going demarcation works between the two countries. Furthermore, Cambodia’s Foreign Minister has also sent a letter confirming that the inscription will not be considered as demarcation of the land boundary between the two countries.
The Ministry of Foreign Affairs has pursued all legal measures necessary to protect Thailand’s territorial rights and will continue to do so, bearing in mind the continuation of cordial relations with Cambodia.
The Thai people should therefore rest assured that, based on international law, Thailand will not lose any territory. The Ministry of Foreign Affairs has been vigilant and will continue to safeguard the country’s rights. Nonetheless, for the inscription of the Temple of Preah Vihear to be meaningful and achievable in practice and in accordance with the spirit of the agreement reached during the Thailand-Cambodia Joint Cabinet Retreat in 2003, the Royal Thai Government is of the view that agreement must first be reached on a provisional joint management mechanism. Amicable dialogue is continuing between Thailand and Cambodia, on the basis of good neighbourliness, and should soon lead to a peaceful solution for the mutual benefits of the two countries.
Prime Minister at the Ministry of Foreign Affairs
Press Division, Department of Information Tel.(02) 643-5170
Fax. (02) 643-5169 E-mail : div0704@mfa.go.th End.
-PM-
Recent media reports on the Temple of Preah Vihear have generated a wide ranging debate. Two issues in particular have been the subject of comments and criticism. First, some Cambodian media and Thai academics wonder why Thailand is attempting to block Cambodia’s application for the inscription of the Temple of Preah Vihear on the UNESCO World Heritage List given that the International Court of Justice ruled long ago that the Temple is situated in territory under the sovereignty of Cambodia. Second, some Thai media and members of the public fear that the successful inscription of the Preah Vihear Temple would result in loss of Thai territory in the areas in the vicinity of the Temple and wonder what the Government is doing on the matter.
The Temple of Preah Vihear holds an important place in the history of Thai-Cambodian relations as the title over the Temple was once the subject of a dispute between the two countries. The dispute, however, was settled by a result of a judgment of the International Court of Justice (ICJ) in The Hague, the Netherlands, on 15 June 1962, granting the title over the Temple to Cambodia. The Thai cabinet resolution of 1962 demonstrated her acceptance of the ICJ ruling. Therefore, the assumption implicit in the first question that Thailand does not accept Cambodia’s title over the Temple of Preah Vihear is categorically incorrect.
However, the ICJ did not decide on the exact location of the boundary line between Thailand and Cambodia in the area. The same cabinet resolution that accepted the ICJ’s ruling also reiterated Thailand’s understanding of the boundary line in the area. Then Foreign Minister Thanat Khoman also sent a Note to formally inform the United Nations in 1962 of Thailand’s acceptance of Cambodia’s title over the Temple building proper and the boundary line to which Thailand adheres. To date, Thailand still adheres to a different boundary line and a different map than that of Cambodia, resulting in overlapping territorial claims over the areas around the Temple of Preah Vihear.
This situation is by no means unusual as along the Thai-Cambodian borders, there are a number of areas where demarcation remains incomplete, not just the area in the vicinity of the Temple of Preah Vihear. Both the Thai and Cambodian governments have been consulting and cooperating with one another for some time to resolve the issue in an amicable manner. In 2000, both governments agreed to establish a Joint Boundary Commission, in accordance with the Memorandum on Understanding between Thailand and Cambodia on the Survey and Demarcation of Land Boundary of 2000. The mechanism is in place and functional. The Thai Government, on its part, remains ready and willing to cooperate with Cambodia through this mechanism.
If that is the case, what then is Thailand’s concern over the inscription of the Temple of Preah Vihear on the World Heritage List?
Actually, Thailand does not oppose Cambodia’s nomination of the Temple of Preah Vihear as World Heritage Site. Thailand accepts that the Temple belongs to Cambodia as it honors the ICJ’s decision on the matter. More importantly, Thailand recognizes the cultural and historical value of the Temple, which deserves to be considered a common heritage of mankind. Thailand is therefore of the view that the Temple should be appropriately restored and preserved and become a symbol of the close and enduring friendship and mutual benefits between the two countries.
In fact, the Thailand-Cambodia Joint Cabinet Retreat in 2003 agreed to jointly develop the Temple of Preah Vihear. As a result, a “Joint Committee for Development of Preah Vihear Areas” was even established and met in Bangkok on 25 March 2004. The claim that Thailand deliberately hampered the inscription of the Temple of Preah Vihear on the World Heritage List is therefore inaccurate.
What worries Thailand is not the title over the Temple but rather the fact that the zonings, stipulated in the documents submitted by Cambodia to UNESCO for the purpose of inscription, include areas in the vicinity of the Temple which Thailand considers to be Thai territory. Until the boundary demarcation is completed, therefore, Thailand has to act to protect its legitimate rights, as this issue will affect the sovereignty and territorial integrity of both sides.
The rationale behind Thailand’s action is self-explanatory. Any country in Thailand’s position would do the same thing. The Ministry of Foreign Affairs has pursued diplomatic and legal means all along to preserve and protect the country’s rights.
However, taking action to protect national rights in the areas of overlapping territorial claims does not necessarily lead to armed conflict or confrontation. There is no problem that such close friends and neighbors cannot resolve, especially since a comprehensive mechanism has been in place since 2000.
Through dialogue, this unresolved question of demarcation should not hamper the development of the Temple of Preah Vihear. For the benefit of restoration and development of this significant historical site, if the Temple is to be inscribed as a World Heritage Site, there should be a clear agreement on a provisional joint management mechanism or system for the area under overlapping territorial claims by the two countries until the boundary demarcation is completed. Upon the instruction of the Thai Government, the Ministry of Foreign Affairs is in consultations with the Cambodian side on this matter. The establishment of a joint management mechanism would help make the inscription of the Temple of Preah Vihear on the World Heritage List meaningful and implementable. It would facilitate, for examples, the restoration and preservation of the Temple, conservation of the environment and visits by academics, students and tourists. This would benefit both Thailand and Cambodia, without having to worry about the overlapping territorial claims or wait for the completion of the boundary demarcation, which is likely to take some time.
The second question is whether Thailand will lose part of its territory as a result.
Up to this point, the process for the inscription of the Temple of Preah Vihear on the World Heritage List has not been finalized. Whether or not the Temple will be inscribed on the World Heritage List, the work of UNESCO and the World Heritage Committee are entirely unrelated to boundary issues. The Convention concerning the Protection of the World Cultural and Natural Heritage of 1972 specifically states: “The inclusion of a property situated in a territory, sovereignty or jurisdiction over which is claimed by more than one State shall in no way prejudice the rights of the parties to the dispute.” Furthermore, UNESCO and the World Heritage Committee themselves acknowledge that they do not have a mandate or authority regarding boundary matters, as they are interested in and responsible for cooperation on historical and cultural matters only.
Cambodia also confirms that the inscription of the Temple of Preah Vihear will not affect the boundary claims of both countries. During consultations at the prime ministerial level, between Mr. Samak Sundaravej and Somdech Akka Moha Sena Padei Techo HUN SEN on 3-4 March 2008, and at the foreign ministerial level, between Mr. Noppadon Pattama and Mr. Hor Namhong in Singpore on 20 February 2008, Cambodia sought Thailand’s support for the inscription of the Temple of Preah Vihear on the World Heritage List. Cambodia has given an assurance that the inscription will not affect the on-going demarcation works between the two countries. Furthermore, Cambodia’s Foreign Minister has also sent a letter confirming that the inscription will not be considered as demarcation of the land boundary between the two countries.
The Ministry of Foreign Affairs has pursued all legal measures necessary to protect Thailand’s territorial rights and will continue to do so, bearing in mind the continuation of cordial relations with Cambodia.
The Thai people should therefore rest assured that, based on international law, Thailand will not lose any territory. The Ministry of Foreign Affairs has been vigilant and will continue to safeguard the country’s rights. Nonetheless, for the inscription of the Temple of Preah Vihear to be meaningful and achievable in practice and in accordance with the spirit of the agreement reached during the Thailand-Cambodia Joint Cabinet Retreat in 2003, the Royal Thai Government is of the view that agreement must first be reached on a provisional joint management mechanism. Amicable dialogue is continuing between Thailand and Cambodia, on the basis of good neighbourliness, and should soon lead to a peaceful solution for the mutual benefits of the two countries.
Prime Minister at the Ministry of Foreign Affairs
Press Division, Department of Information Tel.(02) 643-5170
Fax. (02) 643-5169 E-mail : div0704@mfa.go.th End.
-PM-