COMMENTARY
THONGBAI THONGPAO
The Preah Vihear temple has emerged as a hot issue once again against all odds.
Cambodia applied to register the holy place as a World Heritage site. Put plainly, our neighbour wants to make it a legacy of humanity, rather than of only Cambodia or Thailand.
According to the United Nations Educational, Scientific and Cultural Organisation (Unesco), what makes the concept of World Heritage exceptional is its universal application. World Heritage sites belong to all the peoples of the world, irrespective of the territory on which they are located.
Once registered, these sites are protected and preserved under the Convention Concerning the Protection of the World Cultural and Natural Heritage, adopted by Unesco in 1972.
Consequently, the registration of World Heritage is an asset rather than a liability to a nation. Thailand has to date done so with five places: the Historic City of Ayutthaya (1991), Historic Town of Sukhothai and Associated Historic Towns (1991), the Thungyai-Huai Kha Khaeng Wildlife Sanctuaries (1991), the Ban Chiang Archaeological Site (1992), and the Dong Phayayen-Khao Yai Forest Complex (2005). Cambodia has registered only Angkor in 1992.
On my trip to China, I was told a fertile forest in the south of that country had been registered as a World Heritage Site. A number of ancient cities have also been registered for educational, cultural and historical purposes.
By any measure, Cambodia's application should not be counted as a bad move. And Thai Foreign Minister Noppadon Pattama, a UK law graduate, must have studied it carefully before signing a joint announcement with Cambodia endorsing the move.
If Phnom Penh had really thought the Preah Vihear temple belongs to it alone, it should have proceeded to apply for the registration by itself, without having to consult Thailand or ask us to join the announcement.
But the fact that Cambodia involved Thailand betrays its uncertainty about the ownership of the historic site. For his part, Mr Noppadon rushed to accept the offer and signed the joint announcement without waiting to consult other cabinet ministers. Matichon reported on July 3 that Mr Noppadon had signed the documents on May 22 in Paris, together with Cambodian Deputy Prime Minister Sok An. The documents were then attached to the application. It was also reported that Mr Noppadon signed the joint declaration on June 18.
It seems the cabinet learned of the signing in retrospect. An uproar broke out about the lack of transparency on the issue. Many academics question whether the signing is in violation of Paragraph 2 of Section 190 of the constitution, which provides: "A treaty which provides for a change in the Thai territories or the Thai external territories that Thailand has sovereign right or jurisdiction over such territories under any treaty or an international law or requires the enactment of an Act for its implementation or affects immensely to economic or social security of the country or results in the binding of trade, investment budget of the country significantly must be approved by the National Assembly..."
Thais feel attached to the Preah Vihear temple and some still think it is part of Thailand despite the ruling otherwise by the World Court in 1962. They refuse to accept the judgement, and complain that Thailand lost territory to Cambodia. This is especially true of the people of Si Sa Ket province.
This unforeseen backlash has become another problem for the government. Mr Noppadon should have considered carefully before he signed the communique. The rush to conclude the move before anyone knew about it gave rise to a suspicion in some quarters about a hidden agenda. News that former PM Thaksin Shinawatra had made a large investment in a casino in Cambodia did not help either.
The cabinet must also take responsibility for the consequences, especially its leader, Prime Minister Samak Sundaravej. If the cabinet had consulted with parliament before passing the resolution, none of this would have happened.
Prime Minister Samak is a veteran politician and Mr Noppadon has extensive experience in law and politics. They should know better. There is no denying that the government does not have the proper respect for parliament and the people it represents.
Such disastrous miscalculations were sure to backfire.
This is exactly what brought the downfall of Mr Thaksin.
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