Huala Adolf , Bandung
Thu, 11/19/2009
(Posted by CAAI News Media)
The row between Cambodia and Thailand has been worsening recently. The decision of the Cambodia government to appoint former Thai leader Thaksin Shinawatra as its personal and economic advisor appears to be a clear case of interfering in Thai internal affairs.
The situation between the two countries is rather sensitive. Besides this row, the border dispute between the two countries is still fragile, while the long dispute over Preah Vihear Temple is still in limbo.
ASEAN has, for some time, been paying closer attention to the relationship between these countries. The recent call from ASEAN to both countries to end the row over the appointment of Thaksin has been met with reluctance from both countries. Given the scope of the dispute, this row is a test case for ASEAN.
ASEAN was set up to handle tension, disputes and conflicts in the region. Any conflict that emerges between or among members is solved by way of musyawarah mufakat, or negotiation and mutually agreed settlements, the terms recognized by all ASEAN leaders.
This step involves respecting the integrity and independence of each member country and strongly upholding the principle of non interference.
Over time, the way disputes have been resolved has gradually improved. This improvement, however, still reflects the spirit of musyawarah mufakat.
The present row is not only sensitive, but also somewhat political. The situation is heavily colored and is also exacerbated by other disputes, in particular the ongoing border dispute.
Since the row is political, it is therefore necessary to see whether the dispute settlement mecha-nism available under ASEAN is appropriate.
The use of legal mechanism, through negotiation or diplomacy, is therefore the best possible solution.
The regional conflicts taking place in most parts of the world have been successfully resolved by negotiation between concerned parties. The Latin American crisis in 2008 is an important example of the successful settlement of regional disputes.
The dispute between Columbia and Ecuador was negotiated in a summit hosted by the Dominican Republic.
What ASEAN could do to resolve the current dispute could be to not only call on the parties to end the conflict, but provide a concrete resolution, such as providing support or facilitating a meeting or summit between the two parties.
ASEAN's efforts, of course, will not succeed without the good faith of the parties and their genuine intention to end the crisis. Thailand on the other should refrain from using force or the threat of using force. On the other hand, Cambodia should take into account the sensitivity of the "Thaksin Shinawatra" issue in the eyes of the Thai people.
The writer is the lecturer in international law at the University of Padjadjaran's School of Law in Bandung.
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