Disregarding or Facing Agreements in the Press? – Sunday, 22.8.2010

http://cambodiamirror.wordpress.com/

via Khmer NZ

Posted on 23 August 2010
The Mirror, Vol. 14, No. 678

The Mirror was created to mirror the Khmer language press – that is to focus on important dynamics in society, as they are reflected in the press. That includes also to observe when there seem to be discrepancies between different streams of reporting. And it includes also to observe what seems not to be reported in the Khmer language press, though one would expect it.

Monitoring what is going on includes also to observe the reaction to one’s own publication. The main website of The Mirror by now gets up to 10,000 visits per month (it started in January 2007 with zero – replacing the former edition printed on paper).

While observing this wide interest with satisfaction, it is also disappointing to see that some important pieces of information, related to the conflicts with Thailand, are regularly not reported in the Khmer press. If this impression is wrong, we would appreciate to be informed which publications and public documents in the Khmer press we missed. The Mirror does not have access to confidential information; what we use and quote is publicly available, especially on the Internet.

In response to careful, detailed documentations, where we asked for specific responses, if our documentation is deficient, so that we can correct and improve it, there was either no response – and the public debate continues as if it were not missing some important points – or I get mail saying just “You are completely wrong!” I do not mind to get such mail, if it points to where I am wrong – I appreciate corrections.

Therefore I am repeating here some essential points, and I will do so until they are receiving proper attention in the present situation of tensions.

I was utterly surprised, talking recently to a friend who is a regular reader: when I mentioned some of the facts which had been on The Mirror repeatedly, he had obviously missed them. He thought the controversies about the Temple of Preah Vihear on the World Heritage list were related to Thailand referring to maps drawn by Thailand, and therefore Thailand was denying that the whole area around the Temple of Preah Vihear was designated a World Heritage Site.

The contrary is true, according to the documents. Emphasis in the following sections is added during editing.

For Preah Vihear

From the Cambodian 2008 submission document, THE TEMPLE OF PREAH VIHEAR – Proposed for the inscription on the World Heritage List (UNESCO), Edited by the Council of Ministers, PHNOM PENH, JUNE 2008:

On 6 May 2008 His Excellency Mr. SOK An, Deputy Prime Minister, Minister in charge of the Office of the Council of Ministers of the Kingdom of Cambodia, welcomed his Excellency Mr. Virasakdi Futrakul, Permanent Secretary of the Foreign Ministry of Foreign Affairs of the Kingdom of Thailand… The meeting was conducted in a fruitful and constructive atmosphere to discuss ways and means of strengthening the neighborly cooperation for a further reach for long lasting cooperation between Cambodia and Thailand… The Kingdom of Cambodia strongly stresses that the inscription of the Temple of Preah Vihear is without prejudice to the demarcation work of the Cambodian-Thai Joint Commission on Demarcation for Land Boundary (JBC) between Cambodia and Thailand; and the zoning (“Zonage” in French) stipulated in the document submitted by Cambodia to UNESCO shall not be considered as boundary line.

And finally, during a meeting in Paris (France) on 22 May 2008 between a Cambodian delegation led by His Excellency Mr. SOK An,…The Kingdom of Thailand reconfirmed its support for the Heritage Committee to be held in Quebec, Canada in July 2008. For its part, the Kingdom of Cambodia, in a spirit of goodwill and conciliation, accepted to inscribe the Temple of Preah Vihear on the List of the World Heritage, at this stage, without a buffer zone on the north and west of the Temple.

On 18 June 2008, a Joint Communique was signed by Deputy Prime Minister Sok An, including a map presented and signed by Mr. Var Kim Hong, the Head of the Cambodian Border Committee, which was – as far as we know – never presented in the media in Cambodia (again – any correction of this information is welcome), but it was repeatedly in The Mirror, including the Cambodian proposed map for the listing, the last time here. The text says the following:

1. The Kingdom of Thailand supports the inscription, at the 32th session of the World Heritage Committee (Québec, Canada, July 2008), of the Temple of Preah Vihear on the World Heritage List proposed by the Kingdom of Cambodia, the perimeter of which is identified as N. 1 in the map prepared by the Cambodian authorities and herewith attached. The map also includes, identified as N.2, a buffer zone to the East and South of the Temple.

2. In the spirit of goodwill and conciliation, the Kingdom of Cambodia accepts that the Temple of Preah Vihear be nominated for inscription on the World Heritage List without at this stage a buffer zone on the northern and western areas of the Temple.

3. The map mentioned in paragraph 1 above shall supersede the maps concerning and including the “Schéma Directeur pour le Zonage de Preah Vihear” as well as all the graphic references indicating the “core zone” and other zoning (zonage) of the Temple of Preah Vihear site in Cambodia’s nomination file;..”

This is the last public map, a Cambodian map, which was to “supersede” – that is: to replace – the formerly used Cambodian maps.

As a consequence, this was decided:

The World Heritage Committee,

9. Notes that the property proposed for inscription is reduced and comprises only the Temple of Preah Vihear and not the wider promontory with its cliffs and caves;…

14. Requests the State Party of Cambodia, in collaboration with UNESCO, to convene an international coordinating committee for the safeguarding and development of the property no later than February 2009, inviting the participation of the Government of Thailand and not more than seven other appropriate international partners,…

15. Requests the State Party of Cambodia to submit to the World Heritage Center, by 1 February 2009, the following documents: c) Confirmation that the management zone for the property will include the inscribed property and buffer zone identified in the RGPP [“revised graphic plan of the property”]; d) progress report on the preparation of the Management Plan)

All these points were to be implemented after convening this international coordinating committee, inviting the Government of Thailand and others, to work together and to present their results.

Questions:

- Why is the discussion in the Khmer media not referring to the official documents about the listing of the Temple of Preah Vihear, clearly limited in nature: “only the Temple of Preah Vihear and not the wider promontory with its cliffs and caves.” This is not based on a map unilaterally drawn by Thailand, but it relates to what the Cambodian side had officially brought to the World Heritage Committee. – There were even statements from people in official positions saying: “There is nothing to be discussed with Thailand.”

- Why are the Khmer media disregarding that there were – from the beginning – the following requests by the World Heritage Committee: “to convene an international coordinating committee… inviting the participation of the Government of Thailand… [to provide the expected results] – a) a provisional map providing additional details of the inscribed property and a map delineating the buffer zone…” It has never been reported in the press that the Cambodian Government did invite the Thai Government according to this request by the World Heritage Committee. – There were even statements from people in official positions saying: “There are no buffer zones.”

Reading the documents, it seems that Thailand is not insisting on some unilaterally drawn Thai maps, but looks forward that the documented decisions of the World Heritage Committee be implemented.

For the Border

This is a different legal issue from the World Heritage Listing (though, of course, related).

In order to demarcate the border between the two countries, a Memorandum of Understanding “on the Survey and Demarcation of Land Boundary” was concluded between the two countries in June 2000, long before the Preah Vihear World Heritage Listing was on the agenda of the relevant UNESCO committee. This Memorandum is related to the whole stretch of the border. That the whole length of the approximately 800 km border is to be demarcated shows that both sides agreed that this is not yet done – there is not yet mutually agreed border. Both sides agreed on this – otherwise they would not have signed this joint agreement.

While there is frequent reference to this Memorandum of Understanding from 2000 in the Khmer press, it was quite difficult to find it in Cambodia, also consulting with several persons from the media did not help. One e-mail request to a friend in Thailand immediately provided a source on the Internet.

But there is a noteworthy difference in the handling of the related task: While in Thailand, related government officials and agencies are accountable to the Thai National Assembly about what they do related to the border – the executive is monitored by the legislative – we are not aware that either the Cambodian National Assembly nor the Khmer press have requested similar information to monitor the activities of the Cambodian government officials and agencies involved. The different legal arrangements under the different constitutions of both countries result in different procedures.

Shortly after Prime Minister Hun Sen had made his conciliatory declaration about a win-win solution by mutual dialogue without a winner and a loser, several statements from various other sectors of the government were released, strongly blaming Thailand and calling for multilateral negotiations. The Prime Minister added his voice – but more recent news say that there still may be a bilateral meeting between the two prime ministers soon in Brussels at an ASEN meeting.

Whatever the future will bring in terms of bilateral or multilateral meetings – the written submissions and the documented decisions will have to be faced. To continue to disregard them can hardly bring the solution where both sides win, the goal that Prime Minister Hun Sen has seen as important for all.