THAI PARLIAMENT APPROVES FRAMEWORK AGREEMENT TO

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 003234 SIPDIS STATE FOR EAP/MLS NSC FOR PHU PARIS PASS USMISSION UNESCO E.O. 12958: DECL: 10/29/2018 TAGS: PREL PGOV PBTS TH CB SUBJECT: THAI PARLIAMENT APPROVES FRAMEWORK AGREEMENT TO ADDRESS BORDER DISPUTE WITH CAMBODIA REF: A. BANGKOK 3227 ¶B. BANGKOK 2487 Classified By: Deputy Chief of Mission James F. Entwistle, reasons 1.4 (b) and (d) ¶1. (C) Summary. The Thai Parliament October 28 approved the August 19 Thai-Cambodian Foreign Ministers' Agreement that provides an interim framework to address the border conflict prior to final resolution. Thailand can now legally proceed through the Foreign Ministry-led Joint Border Commission (JBC) with bilateral negotiations to try to resolve the dispute centered on the Preah Vihear temple, as well as settling other outstanding border locations not yet demarcated. Article 190 of the 2007 Thai Constitution had restricted the RTG's ability to engage Cambodia on the border dispute according to the terms of the interim agreement prior to parliamentary approval, and MFA fears of the impact of Article 190 on its ability to conduct normal diplomatic activities will likely act as an ongoing brake on Thai diplomacy across the board. ¶2. (C) Comment. We are encouraged by positive reports of Thai-Cambodian meetings in Beijing (ref A) but remain cautious regarding the chances for quick resolution to the border dispute. The October 24 meeting on the margins of ASEM in Beijing between Thai Prime Minister Somchai Wongsawat and Cambodian Foreign Minister Hun Sen, as well as concurrent meetings in Cambodia between local military commanders, eased tensions and provided for a more positive atmosphere for talks to address the border dispute. However, it remains to be seen whether the JBC can make real progress in addressing the difficult issues that lie at the heart of the matter. Continued political conflict in Bangkok may make tough decisions more difficult for the Thai government, as it will likely continue to be distracted and circumspect in negotiations for fear of being criticized by the anti-government camp; no doubt the Thai fear that such hesitancy may be interpreted by the Cambodian side as weakness to be exploited. End Summary and comment. THAI PARLIAMENT APPROVES FRAMEWORK AGREEMENT -------------- ¶3. (C) A combined session of the Thai House and Senate late October 28 approved by a vote of 409 to 7 an August 19 framework agreement by then-Thai Foreign Minister Tej Bunnag and Cambodian Foreign Minister Hor Namhong. The framework agreement designates the JBC as the primary mechanism to resolve the ongoing border dispute which has been centered on disputed territory near the Preah Vihear temple. The framework agreement also endorsed ongoing military talks through the Regional Border Committee. As reported in ref A, Thai Foreign Minister Sompong Amornvivat told the Ambassador that he and Hor Namhong planned to meet again soon after Parliamentary approval of the agreement. ¶4. (C) The JBC will now attempt to work contentious issues involving not only disputed territory to the northwest of the Preah Vihear temple, but a series of disputed areas along the Thai-Cambodian border. In recent months, the Thai and Cambodian governments have exchanged allegations of stationing troops on land, primarily in and around ancient Khmer empire-era temples, that each nation claims as its own. While dispute over the area near the Preah Vihear temple involves overlapping claims, the basis of the other Thai-Cambodian border disputes typically involve the location of 73 boundary markers on the border, only 50 of which are fixed by joint agreement. With many potential areas of disagreement, the JBC may have a tough time resolving the border disputes in any short period of time. Many Thai BANGKOK 00003234 002 OF 002 expect the process to take years. (The French Embassy here tells us Paris has offered technical assistance, such as satellite imagery, to support the process but emphasizes they are not in any way offering to mediate.) ARTICLE 190 COMPLICATED EFFORTS TO ADDRESS BORDER DISPUTE -------------- -------------- ¶5. (C) While the Thai Foreign Ministry and military officials have both publicly and privately affirmed RTG intention to resolve the problem bilaterally through negotiations, parliamentary approval to engage according to the terms of the framework agreement was necessary due to Article 190 of the 2007 Thai constitution. MFA officials reiterated to us October 27 that the Ministry interprets Article 190 as requiring Parliamentary approval for any agreement which potentially affects Thai territory or security, the government's budgetary commitments, or the social and economic affairs of the country. ¶6. (C) MFA Spokesman and Director-General of the Department of Information Tharit Charungvat said Article 190 was primarily to blame for the misunderstanding between Thailand and Cambodia on pending border talks. The Thai government had tried to explain to Cambodia how the constitution made it difficult to proceed quickly with border talks but the MFA believed Phnom Penh interpreted Thailand's delay in engaging in negotiations as a stalling tactic, Tharit told us. ¶7. (C) MFA Deputy Director-General of the Department of East Asian Affairs Pisanu Suvanajata and MFA Deputy Director-General of the Department of Treaties and Legal Affairs Pornchai Danvivathana both asserted to us that Article 190 was a serious obstacle to diplomatic activities in general. Pisanu, one of four MFA officials (including Permanent Secretary Virasakdi Futrakul) named in a criminal complaint filed with the National Counter Corruption Commission (NCCC) by the anti-government People's Alliance for Democracy for allegedly violating the constitution for their involvement in the May 22 Preah Vihear joint communique with Cambodia, said Article 190 had deprived the MFA of the authority to make commitments or even to endorse the minutes of bilateral meetings. In regard to the border dispute, Pisanu said the Thai government's workaround was to submit the negotiation framework agreement for House and Senate approval. Regarding the pending NCCC complaint, Pisanu told us that Princess Sirindhorn, Privy Councilor Siddhi Savetsila, and former Prime Minister Anand Panyarachun had, among many others, made donations to a fund for the legal expenses of the MFA officials. ¶8. (C) Pornchai claimed that the interpretation of Article 190 had gone so far as to discourage MFA officials and cabinet ministers from attending international meetings. Pornchai cited a October 26 report that Cambodia had lodged a complaint with UNESCO alleging Thailand had damaged the Preah Vihear temple as example of the problems created by Article ¶190. Pornchai questioned whether the Thai government could quickly respond to issues such as a UNESCO complaint, as it may have to seek prior approval from the Parliament before submitting a response to UNESCO. JOHN