via Khmer NZ
Posted on 8 August 2010
The Mirror, Vol. 14, No. 676
When The Mirror presented, as last Sunday’s issue, a series of quotes and excerpts from publicly available documents it was done with the hope that some quick negative conclusions – not based on available texts, either disregarding, or even contradicting them – can be avoided.
Some steps in time are clear and not contested, especially the 1962 decision of the International Court of Justice in The Hague, stating that it …FINDS THAT THE TEMPLE OF PREAH VIHEAR IS SITUATED IN TERRITORY UNDER THE SOVEREIGNTY OF CAMBODIA.
Some other steps on the way are less well known widely, while they were also called into memory, for example some principles on which the World Heritage List is operated, as described in the UNESCO World Heritage Convention. It is not about national interests, but about culture as “part of the world heritage of mankind as a whole.” The convention makes it clear that decisions about cultural world heritage do not make any judgment on the sovereignty and territory of States:
Whilst fully respecting the sovereignty of the States on whose territory the cultural and natural heritage… is situated, and without prejudice to property right provided by national legislation, the States Parties to this Convention recognize that such heritage constitutes a world heritage for whose protection it is the duty of the international community as a whole to co-operate. (Article 6.1).
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. (Article 11.3).
The UNESCO World Heritage Convention is concerned about World Heritage Sites, “part of the world heritage of mankind as a whole,” not about the solution of border problems.
There are rules and decisions of the World Heritage Committee, and there are declarations on the way to the decision of 2008 when the Temple of Preah Vihear was listed as a World Heritage Site, together with decisions how to elaborate its management. Though a management plan, prepared by the Cambodian side, is to be discussed only by the next meeting of the World Heritage Committee in 2011, statements by Prime Minister Hun Sen, quoted in the Cambodia Daily on 5 August 2010, cleared the way into the future:
“Mr. Hun Sen said yesterday that dialogue was the way forward for the two countries. ‘We will use dialogue to solve the rest of the problem,’ he said. ‘I don’t want winning or losing – it is better that we have the win together in solving the problem.’”
Actually, there are two separate – but related – problems:
One problem is concerned with the management plan for Preah Vihear requested by the World Heritage Committee with its 2008 decision to list the Temple of Preah Vihear, where it:
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;
Encourages Cambodia to collaborate with Thailand for safeguarding the value of the property, in view of the fact that peoples of the surrounding region have long treasured the Temple of Preah Vihear,..
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, to examine general policy matters relating to the safeguarding of the Outstanding Universal Value of the property in conformity with international conservation standards…
The other problem is related to the demarcation of the Cambodian-Thai border, for which both countries signed a Memorandum of Understanding in 2000. The Thai Prime Minister Abhisit Vejjajiva was quoted on 8 August 2010, to have said that “Thailand has no intention of revoking the border Memorandum of Understanding (MoU) with Cambodia inked in 2000” – he said so in response to a “demonstration in the [Thai] capital yesterday demanding the Thai government to cancel the Memorandum of Understanding.” The same report says that “under the Memorandum of Understanding, Cambodia and Thailand need to consult each other if they want to carry out any activities in the disputed 4.6 sq km territory claimed by both countries near the Preah Vihear Temple.” It is not clear whether this Memorandum was published in the media in Cambodia – only the fact of its existence, not its content, has been referenced regularly in the press.
That these border problems also need to be addressed, was obviously agreed by both sides, as it is stated in the large Cambodian 2008 Submission Document, separating the two issues: the World Heritage inscription – and the border problems:
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 accompanied by a Thai delegation during their visit to Phnom Penh. 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.
The Kingdom of Thailand reconfirmed its support of the Heritage Committee to be held in Quebec, Canada in July 2008. For it 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
The proposals of Prime Minister Hun Sen, who has also in other situations worked successful for win-win results, solving complex problems, provide a clear way towards a solution for both problem, based on the existing common agreements.
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