POLITICS
Law expert sees it in the wrong court
WASSAYOS NGAMKHAM
A public law expert insists the granting of an injunction against the Foreign Ministry's support for Cambodia's proposal to list Preah Vihear temple as a World Heritage site is not within the scope of the Administrative Court's authority, but the Constitution Court.
Worajate Pakhirat, a public law lecturer at Thammasat University, said the Constitution Court's decision was needed in this case as the case was political in nature.
Any action taken either by the prime minister or individual ministers could be interpreted in two ways: Political action or administrative action, he said.
Those who find the government's political action unlawful should file a suit with the Constitution Court, while any administrative action, if deemed unlawful, should be brought to the attention of the Administrative Court, he said.
Foreign Minister Noppadon Pattama's signing of the joint declaration with Cambodia backing Phnom Penh's bid to have the Preah Vihear ruins listed as a World Heritage site was considered a political action and an international issue, he said.
In this case, those who find the government's action unacceptable should take the case to the Constitution Court, he added.
''The Preah Vihear case is not within the scope of the Administrative Court's authority. The case involves a political action, not administrative,'' said the public law specialist.
He said the case is no different from the signing of the Japan-Thai Economic Partnership Agreement (JTEPA), in which the Khao Kwan foundation later asked the Administrative Court to nullify the deal signed by the Foreign Ministry under the Surayud Chulanont government.
However, the court rejected the suit, saying it was not in its scope of authority. The foundation then appealed to the Supreme Administrative Court, which upheld the lower court's ruling.
Mr Worajate said the JTEPA and Preah Vihear cases were similar in the sense that they both were international issues.
Mr Noppadon was yesterday caught off-guard by a verbal barrage from a disgruntled campaigner taking part in a charity walk who shouted ''Noppadon sells the nation'' three times.
The male campaigner shouted at him near the entrance gate of the ministry on Sri Ayutthaya road at about 6am, where Mr Noppadon and US ambassador Eric John were presiding over a ceremony to kick off the charity walk.
When asked whether there would be any cabinet reshuffle, Mr Noppadon, who was censured over the temple issue, said any decision on the reshuffle rests with Prime Minister Samak Sundaravej, and could not say if there would be one for sure. He defended his action over the new Preah Vihear temple map, saying his explanation during the censure debate was clear. The ministry, the cabinet and the military also supported his action, he said.
Asked if he would appeal against the Administrative Court's order, the minister said he would raise the issue for discussion during the cabinet's weekly meeting tomorrow.
The Democrat party will today send a letter determining its stand on the Preah Vihear issue to the 21-member World Heritage Committee via Unesco. Ong-art Khampaiboon, Democrat spokesman, said the party wanted the World Heritage Committee to know the party's stand on the issue as well as the true opinion of the Thai people on the matter.
He denied the censure debate was aimed at stirring nationalism.
Paiboon Nititawan, one of the 61 senators who submitted a motion for a general debate to grill the government, said he and his fellow senators would ask the Constitution Court to rule whether the government had done the right thing by supporting Cambodia.
Permanent secretary for Foreign Affairs Virasakdi Futrakul said yesterday that he had already held talks with Ung Sean, the Cambodian ambassador, to bring about an understanding on the temple conflict.
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