Friday, 12 September 2008

Court decides Preah Vihear ruling stands

The Bangkok Post
Friday September 12, 2008

The Supreme Administrative Court yesterday upheld a lower court ruling in late June to suspend cabinet backing for Cambodia's listing of the Preah Vihear temple as a World Heritage site. The court gave its ruling after the cabinet appealed to it to reserve the Central Administrative Court's injunction against the Samak Sundaravej cabinet's earlier resolution supporting Cambodia's proposal.

A joint declaration was signed by then foreign minister Noppadon Pattama and Cambodia's Deputy Prime Minister Sok An on June 18, a day after the cabinet gave it the green light.

The court decision came after the anti-government People's Alliance for Democracy (PAD) asked it to rule on the matter, alleging Thailand's support for Cambodia's bid was in return for business concessions in Cambodia for former prime minister Thaksin Shinawatra, who was ousted in a 2006 coup. Mr Thaksin and both the Thai and Cambodian governments deny the claims.

The Foreign Ministry considered the document not to be an international treaty and because of this it did not need the approval of parliament.

The court injunction forced Mr Noppadon to get the Thai delegation, which was an observer at the 21-member World Heritage Committee meeting in Quebec, to protest against the listing.

Mr Noppadon quit after the Constitution Court ruled the joint communique he signed supporting Cambodia's application to list Preah Vihear as a World Heritage site was unconstitutional.

The seven-member Supreme Administrative Court, chaired by court president Ackaratorn Chularat, said the joint communique, which did not mention demarcating the border in the disputed zone, may cause Thailand to lose part of its territory and this may lead to a conflict between Thailand and its neighbour in the future.

The court also said the the joint declaration may cause trouble among Thai people and may affect relations between Thailand and Cambodia. The court decided to uphold the lower court's ruling.

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