[Tlc] TC-border politics overview

[justinm at ucr.edu]

See this article (although not objective) for a summary of recent events.
Best,
justin


http://www.bangkokpost.com/290608_Perspective/29Jun2008_pers003.php
 
The Temple of Preah Vihear
 
To date, Unesco's 1972 Convention on the Protection of the World Cultural and Natural Heritage protects 851 properties of outstanding universal value, including 660 cultural, 166 natural and 25 mixed properties in 141 State Parties.

The sacred sanctuary of Preah Vihear Temple, built for the Hindu god Shiva in the first half of the 11th Century AD during the reign of King Su ryavarman, is on the list for consideration for new sites by the World Heritage Committee (WHC) during their annual meeting in July in the Canadian city of Quebec.

The property is situated on a promontory of the Dangrek Range, 547m above the Cambodian Plain, known as Phnom Preah Vihear ( Sacred Hermitage Mountain ), on the modern border with Thailand .

A bird's eye view of Preah Vihear Temple.

The Temple of Preah Vihear is a unique architectural ensemble made up of a series of sanctuaries linked by a system of pavements and staircases on an axis 800m long.

This ensemble testifies to the Khmer genius for domesticating vast territories and adapting to the landscape. The property offers the visitor a magnificent landscape embracing nearly 360 of the plain below, a landscape opening out in front of the hermits' grottoes in the cliffs.

Like many Cambodian monuments, this sanctuary consists of a succession of courtyards on a common axis (though the north-south axis here is somewhat unusual).

The only access at present is by means of a steep, recently constructed track through the forest from a village, which houses soldiers and their families, as well as some Buddhist monks living at a pagoda, which also serves as a school.

>From here two paths lead to the temple, one passing through a village (Pjum Prasat) comprised of Cambodians wholly dedicated to shops and other facilities for visitors. Some 550 people live here. The presence of this Cambodian community has been protested by the Thai government on the grounds that it sits inside Thai territory.

Tourists sit on a perch of Preah Vihear Temple, overlooking Cambodia. — AP

The other path comes through Thailand's Si Sa Ket province by means of a monumental stairway with 159 steps, leading to a 25m long pavement flanked by enormous rampant na gas (snakes).
The sanctuary is enclosed by two groups of galleries laid out in cloister form, foreshadowing the cruciform cloisters of Angkor Wat. The central enclosure is accessible only by the three passages coming from Gopura No.1 and two small openings to east and west. The southern side is closed by Gopura No. 1 and the northern side by a structure which is in effect a false gate. Instead of opening out on the vast spaces of the Cambodian plain, it presents a blank face. The layout thus presents an increasingly closed aspect, until at the end all that is visible is the sky.
 
Preserve the Integrity of Preah Vihear

Government and civil authorities should take this opportunity and reaffirm Thailand's former stance that a joint World Heritage Site for the ancient ruins is in order, writes ACHARA ASHAYAGACHAT

The Preah Vihear debate should now go beyond nationalistic furore - which may have been founded by the politicisation of the issue by the People's Alliance for Democracy (PAD) and later on by members of parliament, who are charging something just short of treason was committed in allowing the unchallenged loss of sovereignty over some 4.6 square kilometres of land to Cambodia.

The debate should also move past the question of whether Thailand should defy the earlier International Court of Justice verdict which awarded that small parcel of land to Cambodia. This is a time for reason. Blind nationalism has already undermined the small amount of good will that existed in Thai-Cambodian relations. It would not do to instill hatred or damage the already difficult matter of border delineation.

Certainly no one wants a repeat of the rioting which resulted in the Thai Embassy and Thai businesses being torched and looted in this neighbouring land in 2003.

Now is the time for pragmatic actions. The opposition must come up with strong evidence of any alleged fishy deals the administration of Prime Minister Samak Sundaravej, and Foreign Minister Noppadon Pattama in particular, have made in exchange for the swift Thai support of Cambodia's application to host a Preah Vihear World Heritage Site.

More importantly, the time is also short for any last-ditch attempt to call international attention to the issue.

To compensate for the loss of national image in the international arena and to catch up in the race against time, the Samak government and the Thai representatives to the World Heritage Committee need to douse the fire inside the house and transform this crisis into opportunity.

U-TURN ON PREAH VIHEAR

The domestic debate on the issue is a strong basis for the civil servants and politicians to make a U-turn, defy the validity of the joint communique' hurriedly signed by the Thai and Cambodian ministers last month and reaffirm Thailand's former stance that a joint listing of the ancient ruins with Cambodia is in order. That is a baseline for many academics, including those from Thammasat University's Thai Khadi Studies Institute and the National Institute for Development Administration's (NIDA) Faculty of Social and Environmental Development, as well independent historians, international law experts and some senators.

They have also called for a challenge to the merit and integrity of the Unesco World Heritage Committee (WHC) if a judgement is handed down in Quebec during the 2-10 July meeting in favour of the sole listing of Cambodia.

Yet, these advocates know things will not easily turn out in favour of the Thai critics. Thammasat University law associate professor Prasit Pivavatnapanich noted that the constitutionality of the joint communique' has yet to be considered by the Constitutional Court. The court is to determine if it is in violation of Article 190, which stipulates that any contract the executive branch agrees to that profoundly affects social and economic benefits to Thailand, as well as its territorial sovereignty, shall be subject to parliamentary scrutiny before the signing.

Even if the Constitutional Court judged that the joint communique' (see attached copy of the communique) is equivalent to an agreement or a treaty as it would affect the integrity of the Thai boundary, the national, internal verdict could not nullify the 1962 verdict by the International Court of Justice in Geneva which upheld the validity of a map showing the ancient temple complex on Cambodian soil, said Mr Prasit.

Territories in question should be dealt with at another forum, he continued, and Thailand should challenge (at that venue) the accuracy of the 11 maps drawn by the French which were used at the International Court hearing. The demarcation should be based on the physical features of the land; in particular, the borderline should be drawn around the watershed and not cut through it.

A senior military map marker who shall remain unnamed said it was all partly Thailand's fault.

"We should have argued the accuracy and validity of the maps ages ago, but we have done nothing," said the uniformed officer.

In a sad metaphor, the soldier said the 1962 decision was the first chapter of the Preah Vihear dispute, and 2008 was the second chapter, but not likely the end. He predicted neither side would be able to overcome deep-rooted mistrust and dig out a real strategy for dealing with the blurry borderline.

Foreign Ministry permanent secretary Virasak Futrakul said even if the temple was endorsed as a World Heritage Site this year it would not result in Thailand's losing any territory at all. He added that the demarcation on the disputed areas of Preah Vihear should take less than a decade to settle.

This was not convincing to the military mapsman, who remarked that without a stable political climate on both sides of the border the boundary demarcation might take another 100 years.

Glossy Report

Cambodia prepared a 47-page glossy document for the World Heritage Committee, detailing how the Thai government had been providing "active support" to assist in its application to sponsor the temple on the World Heritage List.

This propaganda material looks very convincing because it chronicles step by step how the present Thai leaders gave such assistance.

However, since the outbreak of protests in Thailand the Foreign Ministry has told Cambodia the maps used in the nomination proceedings must not contrast with the map redrawn in 1963 under the direction of the cabinet of Field Marshal Sarit Thanarat. This map showed the buildings in the Preah Vihear complex under Cambodian sovereignty, but not all of the temple complex. For example, the pond and the approach are shown as belonging to Thailand. Cambodia originally included these areas in its application as part of a "buffer zone", but now has apparently given up trying to exert any control over them.

Little mention of this has been made in the Cambodian media so far. The Voice of America quoted Sean Pengse, director of the Paris-based Cambodia Border Committee, as saying that the International Court has decided that the temple and areas surrounding it belonged to Cambodia, and excluding the surrounding areas would be costly for Cambodia in terms of its integrity.

Criticism will certainly be surging in the weeks to come, given that the general election in Cambodia is counting down. Negative nationalism has unfortunately been fanned, of course in favour of the ruling government of Prime Minister Hun Sen.

A ceremony was held at Wat Phnom at which a message was read from King Sihanouk in support of the International Court's ruling on Preah Vihear at the 46th anniversary of the ruling on June 15.

There is no doubt strongman Hun Sen would like to see Preah Vihear listed as a World Heritage site along with his likely triumph in the coming election.

He inaugurated last month a project to build a 118-kilometre road linking provincial capital T'beng Meanchey with the temple, to be completed within 45 months. The road, partially funded by the Chinese, would also link the Angkor Wat World Heritage Site in Siem Reap province through Kampong Thom province. This would mean less dependence on the traditional entry point to the temple from Si Sa Ket province in Thailand.

Meanwhile, an Indian company has unveiled a multimillion-dollar proposal to build an airport serving Preah Vihear, while a Japanese firm reportedly wants to construct a cable car route up the steep Cambodian side.

What's more, ousted Thai premier Thaksin Shinawatra reportedly plans a casino investment not very far from the future World Heritage Site.

Despite all the moves to capitalise on the heightened tourist appeal of Preah Vihear, Thai officials are orchestrated in affirming that Cambodia has compromised, which should be considered a mini-triumph for Thailand.

"For its part, the Kingdom of Cambodia, in a spirit of goodwill and conciliation, accepted to inscribe the Temple of Preah Vihear on the World Heritage List, at this stage, without a buffer zone on the north and west of the Temple," says an official Cambodian document. This implies that Cambodia has agreed to Thailand's claims to ownership of parts of the complex and access route.

Sending the Wrong Signal

Many are wondering why the Samak government was so keen to endorse Cambodia's move on Preah Vihear in the absence of an amicable agreement on the territorial dispute. Why not push for a joint application? The endorsement is sending a signal that Thailand will never try to reclaim Preah Vihear.

Former Thai ambassador Sompong Sucharitkul has said this seems a truly unforgivable diplomatic blunder. He is among the many that feel the integrity and authenticity of the site can only be maintained through joint listing and joint management.

Pisit Charoenwongs, a renowned Thai scholar and director of the SEMEAO Regional Centre for Archaeology and Fine Arts, said at a recent seminar organised by the Senate Committee on Religion, Ethics, and Culture that Thailand has become a villain in the eyes of the international community because of the dispute with Cambodia .

He added that Thailand needs to seek global partners, and explain in a straightforward and clear manner that opponents of Cambodia's unitary application are behaving reasonably, and ultimately for the sake of preservation of the Preah Vihear temple.

"The Thai delegation needs to argue with strong evidence and in a comprehensive and systematic manner that it would set a bad precedent if only the temple and not the functional vicinity of the whole property is listed," said the senior Southeast Asian arts expert.

The ball will therefore lie in the court of WHC members Australia, Bahrain, Barbados, Brazil, Canada, China, Cuba, Egypt, Israel, Jordan, Kenya, South Korea, Madagascar, Mauritius, Morocco, Nigeria, Peru, Spain, Sweden, Tunisia and the US, whose membership in the WHC will voluntarily end by the end of next year.

Sawitree Sunwansathit, a former senior Education Ministry official and adviser to the Culture Ministry, had a sour note for the Thai public. She said many of the members have successfully lobbied to throw their support for Cambodia, and that no matter how well or vehemently argued, the Thai points may have little weight in the committee's consideration.

Ms Sawitree also said application for a parallel listing for Thailand at the Quebec meeting will not also be possible. As the name implies, this would be somewhat less cooperative than a joint listing.

Tharapong Srisuchat, head of the Fine Arts Department's Archaeological Bureau, said it might take some 3-5 years before Thailand could come up with its own proposal.

Mr Pisit, however, believed the World Heritage Committee is required to understand that the wholeness of the sacred temple needs to be preserved when considering the merit of Cambodia's application - particularly to little details such as how small or large the buffer zone for the site would be.

If the buffer zone is too large, it will penetrate into Thailand, and if the space is not adequately allotted, it will cause an eyesore, as in Ayudhaya. So, said the scholar, Thailand is justified and deserving of sympathy in a request that the government have more time to study the more appropriate joint listing and joint management of the site.

Ms Sawitree added that visitors would be treated to a more graceful and sacred atmosphere with an entrance from Thailand, as opposed to the casino-dotted landscape on the Cambodian side.

She said it should be explained to the committee that it is important to understand the real function of this temple, which in ancient times was serving the indigenous community on the eastern side (now Thailand) and not on the west, as is distortedly reported in Cambodian documents.

Pongpol Adireksarn, newly-appointed head of the Thai delegation to the WHC, believes a joint listing is the best option, but Thailand might also seek a parallel listing, as is the case of the Waterton-Glacier International Peace Park which straddles the US-Canadian border.

But the case of Zimbabwe and Zambia on the joint management of the Victoria Falls, which was listed a World Heritage Site in 1989, might be a hard lesson. The two nations did not sign a joint management plan until 2007.

Indonesia and Malaysia filed separately for nomination of Borneo as a World Heritage Site in February and June 2004, respectively. The Committee has yet to endorse their applications.

The academics believe that now Thailand should work on the document already submitted by the Fine Arts Department to Unesco recommending certain areas and stupas be listed along with the Preah Vihear temple to complete the cultural landscape.

The important places on the Thai side include linga sculpture that represent a site to pay homage prior to entering the higher and more sacred ground, as well as Sa Trao swamp, which had an irrigation function for the indigenous community, as well as the Pha Mo E-Daeng archeological site in the northeastern part of the temple complex.

Traces of indigenous and ancient communities rich in Thai, Lao and Khmer culture straddling the temple complex should also be considered in order to preserve the authenticity and integrity of the site.

Cambodians keeping it cool

In contrast to the nationalistic civil disruptions in Phnom Penh in 2003, the controversy over the Preah Vihear temple is scarcely making a ripple in Cambodian society, writes PRASIT SAENGRUNGRUANG, in Aranyaprathet

Despite concerns about a political backlash similar to the ransacking of the Thai Embassy in 2003, the Cambodian public and media are reacting calmly to the raging controversy over Preah Vihear temple here in Thailand .

"Cambodia has the right to seek a World Heritage status for Preah Vihear temple, and Thai people also have the right to protest against it," said Mr Sou Chamroeun, deputy director of Bayon television station in Phnom Penh .

"The Cambodian government and its people understand the issues raised by Thai politicians and they believe bilateral relations will not be harmed," Mr Sou said in a telephone interview with Perspective last Thursday.

The interview was conducted at the same time as the no-confidence debate in the Thai parliament, where the opposition Democrat party accused Foreign Minister Noppadon Pattama of acting beyond his authority by signing a joint communique with Cambodia to have the ancient temple listed as a World Heritage site.

"The World Court has ruled that the temple belongs to Cambodia and everyone must respect its ruling," said Mr Sou, who is also a deputy chairman of the Cambodian Writers Association.

He dismissed fears about adverse reactions against the Thai people and businessmen living in Cambodia. "It is unlikely that there will be a repeat of the 2003 events," he said.

In January 2003, a Cambodian newspaper article falsely alleged that a Thai actress claimed that Angkor Wat belonged to Thailand. Other Cambodian print and radio media picked up the report and furthered the nationalistic sentiment which resulted in riots in Phnom Penh on January 29. The Thai Embassy was burned and properties of Thai businesses were vandalised.

Mr Sou's views are shared by Mr Khieu Kanharith, the minister of information of Cambodia, who said any problems concerning the temple's boundaries should be settled by the joint Thai-Cambodian committee, which holds regular meetings.

In his opinion, both Thailand and Cambodia will benefit from tourism and related businesses if Preah Vihear temple is listed as a World Heritage Site. In fact, he noted, Thailand would gain more than Cambodia because most of the tourists would have to pass through Thailand in order to visit the ancient temple.

During the censure debate, the Democrats insisted the Thai government's support for Cambodia's unilateral listing of Preah Vihear would remove Thailand's right to have ownership of the temple reviewed. Democrat party leader Abhisit Vejjajiva said the Cambodian map that Foreign Minister Noppadon had acknowledged could put Thailand at a disadvantage in talks to settle the borderline with Cambodia .

The Thai media have demanded to know why a number of Cambodians have moved into a disputed area near the temple. If these Cambodians stay there permanently, it might cause Thailand to lose part of the area in dispute.

On this issue, Mr Hourt Song Hak, a reporter for the Cambodian daily Koh Santipap, agreed that the Cambodian settlers must be moved out of the area. Other than that, it is the Cambodian government's right to seek the listing of Preah Vihear, which belongs to Cambodia, as a World Heritage Site, he told Perspective.

Interestingly, the Cambodian reactions to the controversy are typically in stark contrast to the nationalistic mood of Thai politicians, media and academics.

Thai historian Thepmontri Limpaphayom has suggested that if the Cambodian request is put on the agenda of the World Heritage Committee in Quebec early next month, Thailand's World Heritage Committee should resign to pressure other member states of the World Heritage Committee to postpone considering the issue.

Meanwhile, Supreme Commander Gen Boonsang Niampradit said the Royal Thai Air Force had already put its transport planes on standby in case it was necessary to evacuate Thais from Cambodia if the issue gets out of hand.

During the height of violence in Phnom Penh on Jan 29, 2003 - when rioters attacked the Thai Embassy and the premises of Thai-owned businesses, including Shin Corp, then owned by the family of former prime minister Thaksin Shinawatra - the Thai government sent military aircraft to Phnom Penh to evacuate Thai nationals, while angry Thai protesters demonstrated outside the Cambodian Embassy in Bangkok.

Cambodian Prime Minister Hun Sen attributed the government's failure to prevent the attacks to incompetence, and noted that the riots were stirred up by extremists. The then chairman of the National Assembly, Prince Norodom Ranariddh, claimed that opposition leader Sam Rainsy had directed the attacks. Rainsy, instead, said he had tried to prevent the violence.

 



______________
Dr. Justin McDaniel
Dept. of Religious Studies
3046 INTN
University of California, Riverside
Riverside, CA 92521
951-827-4530
justinm at ucr.edu