By Post Reporters and Agencies
The Constitution Court on Thursday accepted two separate petitions seeking a ruling on the constitutionality of the joint communique with Cambodia on the proposed listing of the Preah Vihear temple as a World Heritage site for consideration.
Court secretary-general Paiboon Varahapaitoon said the court decided to combine the two petitions in one as both asked it to rule on whether or not the joint declaration signed on June 18 was equivalent to an agreement or a treaty under the charter's Article 190.
Article 190 requires any deals or treaties which affect the social and economic benefits of Thailand as well as the integrity of Thai borders to be subject to parliamentary scrutiny before their signing.
He said the court also summoned Foreign Minister Noppadon Pattama, who signed the joint communique on behalf of the Thai government, to testify today at 9 am.
"If he fails to show up, the judges will deliberate the matter and if there is adequate information it may issue a ruling," Mr Paiboon said.
The first petition, signed by 22 senators, was submitted last Monday by Senate Speaker Prasopsuk Boondej while the other, signed by 151 MPs, was lodged on Tuesday by House Speaker Chai Chidchob.
As soon as the court agrees to make a ruling on the joint declaration, the government must halt all related activities until the verdict.
Vimolphun Peetathawatchai, who signed a petition against Cambodia's proposed listing of the Preah Vihear temple, yesterday called on Sheldon Shaeffer, director of the Unesco office in Bangkok, to resign after he referred to a wrong date in his letter to the Senate foreign relations committee.
She was upset that Mr Shaeffer came out to clarify the matter only after being summoned by Mr Noppadon to back him up in his protest over the date the communique was signed.
Following the meeting with the minister, the Unesco director said that the July 1 letter addressed to appointed senator M.R. Priyanandana Rangsit should have made reference to June 18, not May 22.
Mr Shaeffer said he had referred to an original agreement that was an informal document pending the Samak Sundaravej cabinet's approval in June.
"The fact I wrote to the chairwoman of the Senate foreign affairs committee was based on the information I have from Paris (May 22). So the original agreement that I referred to on May 22 was an informal document clearly pending cabinet approval in June," he said after being summoned.
Ms Vimolphun, however, said that as Unesco director, Mr Shaeffer should have been more careful because the matter was highly sensitive.
"But if he acts upon the request of the minister, he should also say so," she said.
Mr Noppadon said yesterday the May 22 date was "an initial document" between him and Cambodian Deputy Prime Minister Sok An when they and Unesco officials held talks to sort out their differences over the boundaries of the temple.
The communique was officially approved by the cabinet on June 17 and the formal signing came one day later.
"I signed on that document with wording that ‘pending cabinet approval' in order to prevent change of its content as it would not have any force before getting approval from the cabinet.
There is no hidden agenda with this issue," said Mr Noppadon. The minister said Unesco headquarters in Paris has already learnt of the Thai position that it cannot support Cambodia's bid to list Preah Vihear.
Mr Noppadon is leaving tomorrow for Quebec to withdraw Thailand's support for Cambodia when the World Heritage Committee considers 47 sites proposed for World Heritage status during a nine-day meeting starting Wednesday and ending July 10.
The result of the Preah Vihear case is expected on Sunday .
He said he and Prime Minister Samak have asked Thai ambassador in Phnom Penh Viraphand Vacharathit to evaluate the situation closely and the Cambodian government to step up security at the Thai embassy.
"I hope there will be no serious situation which might affect the good relationship between Thailand and Cambodia," said Mr Noppadon.
In Phnom Penh, government spokesman Khieu Kanharith said the Cambodian government would not tolerate "anti-government elements" making the temple a political issue and would not permit a proposed march on the Thai embassy.
He was responding to an announcement by the little-known Society, Morality and National Culture Institute that it was lobbying for permission to stage a 3,000-strong rally around the Thai embassy.
Cambodia ordered extra police protection for the Thai embassy yesterday fearing the potential for violence.
Phnom Penh police chief Touch Narath said he had posted the extra security after a request by protesters to rally outside the embassy, which was torched by a mob in 2003.
The Constitution Court on Thursday accepted two separate petitions seeking a ruling on the constitutionality of the joint communique with Cambodia on the proposed listing of the Preah Vihear temple as a World Heritage site for consideration.
Court secretary-general Paiboon Varahapaitoon said the court decided to combine the two petitions in one as both asked it to rule on whether or not the joint declaration signed on June 18 was equivalent to an agreement or a treaty under the charter's Article 190.
Article 190 requires any deals or treaties which affect the social and economic benefits of Thailand as well as the integrity of Thai borders to be subject to parliamentary scrutiny before their signing.
He said the court also summoned Foreign Minister Noppadon Pattama, who signed the joint communique on behalf of the Thai government, to testify today at 9 am.
"If he fails to show up, the judges will deliberate the matter and if there is adequate information it may issue a ruling," Mr Paiboon said.
The first petition, signed by 22 senators, was submitted last Monday by Senate Speaker Prasopsuk Boondej while the other, signed by 151 MPs, was lodged on Tuesday by House Speaker Chai Chidchob.
As soon as the court agrees to make a ruling on the joint declaration, the government must halt all related activities until the verdict.
Vimolphun Peetathawatchai, who signed a petition against Cambodia's proposed listing of the Preah Vihear temple, yesterday called on Sheldon Shaeffer, director of the Unesco office in Bangkok, to resign after he referred to a wrong date in his letter to the Senate foreign relations committee.
She was upset that Mr Shaeffer came out to clarify the matter only after being summoned by Mr Noppadon to back him up in his protest over the date the communique was signed.
Following the meeting with the minister, the Unesco director said that the July 1 letter addressed to appointed senator M.R. Priyanandana Rangsit should have made reference to June 18, not May 22.
Mr Shaeffer said he had referred to an original agreement that was an informal document pending the Samak Sundaravej cabinet's approval in June.
"The fact I wrote to the chairwoman of the Senate foreign affairs committee was based on the information I have from Paris (May 22). So the original agreement that I referred to on May 22 was an informal document clearly pending cabinet approval in June," he said after being summoned.
Ms Vimolphun, however, said that as Unesco director, Mr Shaeffer should have been more careful because the matter was highly sensitive.
"But if he acts upon the request of the minister, he should also say so," she said.
Mr Noppadon said yesterday the May 22 date was "an initial document" between him and Cambodian Deputy Prime Minister Sok An when they and Unesco officials held talks to sort out their differences over the boundaries of the temple.
The communique was officially approved by the cabinet on June 17 and the formal signing came one day later.
"I signed on that document with wording that ‘pending cabinet approval' in order to prevent change of its content as it would not have any force before getting approval from the cabinet.
There is no hidden agenda with this issue," said Mr Noppadon. The minister said Unesco headquarters in Paris has already learnt of the Thai position that it cannot support Cambodia's bid to list Preah Vihear.
Mr Noppadon is leaving tomorrow for Quebec to withdraw Thailand's support for Cambodia when the World Heritage Committee considers 47 sites proposed for World Heritage status during a nine-day meeting starting Wednesday and ending July 10.
The result of the Preah Vihear case is expected on Sunday .
He said he and Prime Minister Samak have asked Thai ambassador in Phnom Penh Viraphand Vacharathit to evaluate the situation closely and the Cambodian government to step up security at the Thai embassy.
"I hope there will be no serious situation which might affect the good relationship between Thailand and Cambodia," said Mr Noppadon.
In Phnom Penh, government spokesman Khieu Kanharith said the Cambodian government would not tolerate "anti-government elements" making the temple a political issue and would not permit a proposed march on the Thai embassy.
He was responding to an announcement by the little-known Society, Morality and National Culture Institute that it was lobbying for permission to stage a 3,000-strong rally around the Thai embassy.
Cambodia ordered extra police protection for the Thai embassy yesterday fearing the potential for violence.
Phnom Penh police chief Touch Narath said he had posted the extra security after a request by protesters to rally outside the embassy, which was torched by a mob in 2003.
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