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Towards a Peaceful Settlement of the Preah Vihear Temple Dispute

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Towards a Peaceful Settlement of the Preah Vihear Temple Dispute Towards a Peaceful Settlement of the Preah Vihear Temple Dispute Kyaw Moe Tun ASIA PAPER October 2011 Towards a Peaceful Settlement of the Preah Vihear Temple Dispute Kyaw Moe Tun Institute for Security and Development Policy Västra Finnbodavägen 2, 131 30 Stockholm-Nacka, Sweden www.isdp.eu Towards a Peaceful Settlement of the Preah Vihear Temple Dispute is an Asia Paper published by the Institute for Security and Development Policy. The Asia Papers Series is the Occasional Paper series of the Institute’s Asia Program, and addresses topical and timely subjects. The Institute is based in Stockholm, Sweden, and cooperates closely with research centers worldwide. Through its Silk Road Studies Program, the Institute runs a joint Transatlantic Research and Policy Center with the Central Asia-Caucasus Institute of Johns Hopkins University’s School of Advanced International Studies. The Institute is firmly established as a leading research and policy center, serving a large and diverse community of analysts, scholars, policy-watchers, business leaders, and journalists. It is at the forefront of research on issues of conflict, security, and development. Through its applied research, publications, research cooperation, public lectures, and seminars, it functions as a focal point for academic, policy, and public discussion. The opinions and conclusions expressed are those of the author and do not necessarily reflect the views of the Institute for Security and Development Policy or its sponsors. © Institute for Security and Development Policy, 2011 ISBN: 978-91-86635-19-0 Printed in Singapore Distributed in Europe by: Institute for Security and Development Policy Västra Finnbodavägen 2, 131 30 Stockholm-Nacka, Sweden Tel. +46-841056953; Fax. +46-86403370 Email: [email protected] Distributed in North America by: The Central Asia-Caucasus Institute Paul H. Nitze School of Advanced International Studies 1619 Massachusetts Ave. NW, Washington, D.C. 20036 Tel. +1-202-663-7723; Fax. +1-202-663-7785 E-mail: [email protected] Editor: Dr. Bert Edström Assistant Editor: Elliot Brennan Editorial correspondence should be addressed to Dr. Bert Edström at: [email protected] Contents Executive Summary �����������������������������������������������������������������������������������������������������5 Introduction ������������������������������������������������������������������������������������������������������������������8 Root Causes of the Border Dispute �������������������������������������������������������������������������12 Temple of Preah Vihear ���������������������������������������������������������������������������������������12 The 1904 Franco–Siamese Treaty and its Contentiousness ����������������������������13 Settlement Agreements between France and Thailand ����������������������������������16 Settlement over the Dispute at the International Court of Justice ����������������18 Inscription of the Temple on the World Heritage List ������������������������������������22 Impact of the Dispute ������������������������������������������������������������������������������������������������26 Effectiveness of Bilateral Mechanisms vs. the Role of the International Community, particularly ASEAN ����������������������������������������������������������������������������31 Possible Options for a Way Forward to Resolving the Dispute ��������������������������37 Conclusion ������������������������������������������������������������������������������������������������������������������41 About the author ��������������������������������������������������������������������������������������������������������42 Appendix 1. ����������������������������������������������������������������������������������������������������������������43 Executive Summary There have been periodic outbreaks of violence at the border between Cam- bodia and Thailand especially since the Temple of Preah Vihear was inscribed on the list of World Heritage Sites by the UNESCO World Heritage Commit- tee in July 2008. Because of the serious armed clashes in February and April– May 2011, the border dispute, which has taken place predominantly in the vicinity of the Temple between the two countries, has grabbed the attention of ASEAN and the international community. Cambodia and Thailand have different perceptions on capabilities of the existing bilateral mechanisms to resolve the dispute. Against this background, this paper analyzes the root causes of the bor- der dispute. The divergence between the frontier line, drawn by France and which was never formally approved by Thailand, and the true watershed line stipulated in Article 1 of the 1904 Treaty between Siam and France, the then protectorate of Indo-China including Cambodia, created a dispute over ownership of the Temple of Preah Vihear and the 4.6 km2 area of its vicinity. Eventually, Cambodia took up the case to the International Court of Justice (ICJ). The ICJ ruled that the Temple is located in territory under the sovereignty of Cambodia on June 15, 1962. However, the two sides have different interpretations on the ICJ’s judgment that resulted in outbreak of armed clashes in the border area. At the request of Cambodia for indication of provisional measures and interpretation of the ICJ’s judgment on June 15, 1962, the ICJ had public hearings on May 30 and 31, 2011. Moreover, the inscription of the Temple on the list of the World Heri- tage Sites also worsened the conflict. UNESCO World Heritage Committee planned to consider the management plan of the Temple of Preah Vihear, submitted by Cambodia, in June 2011 at its thirty-fifth session but Thailand requested the Committee to postpone the consideration due to pending res- olution of the boundary demarcation between the two countries. Thailand assumed that the area cover in the management plan might prejudge the works of demarcation in the disputed area. This paper examines impacts of the dispute, the effectiveness of the existing bilateral mechanisms and role of ASEAN and the international 6 Kyaw Moe Tun community in resolving the dispute. The dispute has affected the diplo- matic ties between Cambodia and Thailand, their respective domestic poli- tics, their peoples – especially peoples living along the border between the two countries – and the credibility of ASEAN. The diplomatic ties between Cambodia and Thailand have had their ups and downs throughout the his- tory of their bilateral relations. The diplomatic relations between the two countries was suspended from 1958 to 1970 and was downgraded by recall- ing their ambassadors in November 2009. The outbreak of armed clashes caused loss of life, damage of properties, and displacement of residents and destroyed the daily life of the peoples living along the border. The border clashes resulted in increase of military build-ups and military mobiliza- tion. It has created further tension between the two sides. Moreover, poli- ticians from both countries have exploited the conflict to put pressure on the governments. After the UNESCO World Heritage Committee inscribed the Temple of Preah Vihear on the World Heritage List in July 2008, the opposition group, People’s Alliance for Democracy (PAD) of Thailand, put tremendous pressure upon its Government by inciting nationalist senti- ments. This pressure resulted in the resignation of the then Foreign Minister of Thailand. On the other hand, the successful inscription further consoli- dated the power of Prime Minister Hun Sen in Cambodia. Although the dispute is considered as a domestic matter of Cambodia and Thailand, the prevailing circumstances unavoidably urged the involve- ment of ASEAN in resolving the dispute. This is the time that its members are putting their utmost efforts to achieving the goal of building an ASEAN Community by 2015. ASEAN is taking the driving force in maintaining and promoting peace and security in the Asia Pacific region. The peaceful reso- lution of the dispute became a test case for ASEAN. Cambodia considers that the existing bilateral mechanisms for resolv- ing the conflict are not moving anywhere. However, Thailand believes that the bilateral mechanism is still working and making progress. The different perceptions toward the effectiveness of the existing bilateral mechanisms resulted from a lack of mutual trust and understanding and frustration between the two parties. In this light, it is necessary for ASEAN to be involved in the bilateral negotiations in resolving the dispute despite the constraint that ASEAN has through its principle of non-interference in Towards a Peaceful Settlement of the Preah Vihear Temple Dispute 7 the internal affairs of ASEAN member countries as well as the lack of an effective dispute settlement mechanism. In addition to ASEAN, the role of the international community is impor- tant for resolving the dispute. The ICJ’s decision on the request of Cambo- dia for indication of provisional measures and interpretation of the ICJ’s judgment on June 15, 1962 is crucial for resolving the dispute. With the anticipation of resistance from some domestic actors of both countries toward the decision of the ICJ, both governments should be well prepared to handle it. Consideration of the UNESCO World Heritage Committee on the management plan of the Preah Vihear Temple may create further ten- sion between the two parties. The encouragement of the international com- munity including the United Nations Security Council would be a comple- ment to the efforts of the bilateral and regional processes. With this
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