Identifier
Created
Classification
Origin
08BANGKOK3234
2008-10-29 09:40:00
CONFIDENTIAL
Embassy Bangkok
Cable title:  

THAI PARLIAMENT APPROVES FRAMEWORK AGREEMENT TO

Tags:  PREL PGOV PBTS TH CB 
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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)

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