RFA Khmer by | Leng Maly
16-11-2024 /(Unofficial translation)
Thai Defense Minister Phumtham Wechayachai has stated that discussions are needed to address regional issues with the “Overlapping Claims Area (OCA)”, {Sea mining researches] between Thailand and Cambodia. He emphasized the need to follow the Memorandum of Understanding (MOU 44) in 2001 between the two countries, warning that failure to be war.
Observers are urging the two sides to resolve the dispute through the International Court in order to maintain diplomatic relations, rather than resorting to military force.
Thai Deputy Prime Minister and Minister of National Defense Mr. Phumtham Wechayachai claims that Thailand has already lost the dispute over the Preah Vihear temple to Cambodia, and will not lose Koh Kut island to Cambodia anymore.
In an interview with reporters on November 15, he said that the both sides must comply with MOU 44 on joint energy development in the Overlapping Claims Area (OCA) to reach a peaceful agreement, or if otherwise there will be in war of weapons against each other.
He has confirmed that Thailand is ready in case if Cambodia takes the OCA [and Koh Kut] to the International Court. Thailand has already established a military and administrative base on Koh Kut island. This follows Preah Vihear temple dispute in 2013, where Cambodia presented evidence to the International Court of Justice (ICJ) that Thailand had deployed troops on the temple grounds.
Phumtham Wechayachai, like Thai Prime Minister Ms. Pae Thongthan Shinawatra, has stated that the negotiations on MOU 44 with Cambodia will not include the issue of Koh Kut.
Former CNRP lawmaker Um Sam An argues that the Thai Defense Minister is basing his position on his own views. Um Sam An says that any attempt to divide the “Overlapping Claims Area (OCA)” will be incomplete, and that both countries should seek intervention from the international judiciary to maintain diplomatic relations, rather than using military force.
Um Sam An: “What we are saying, is that we do not want to go in war with Thailand. We want to be demanded by the way of laws. So if we claim that Koh Kut belongs to us, Thailand claims that Koh Kut belongs to Thailand, we go to the International Court of Arbitration. “How do they judge? We will accept the verdict of the International Court.”.
However, Um Sam An claimed that under the Franco-Siam Treaty in 1907, France had determined the maritime border to be the highest point of Koh Kut island. As a result, Cambodia should be got a large part of Koh Kut, around two-thirds of the island. This would leave Thailand with control over the remaining one-third. If Thailand retains exclusive control over the entire island, it would effectively be encroaching on Cambodian territory. Koh Kut plays a important role in defining the overlapping maritime claims between the two countries, an area referred to as the Cambodia Sea.
RFA was unable to reach the Cambodian Minister for Border Affairs, Mr. Lam Chea, or Foreign Ministry spokesman, Chum Suntory, for comment on November 16th.
On November 8th, Thai Prime Minister Pae Thongthan Shinawatra met with Cambodian Prime Minister Hun Manet in China. Earlier that month, Hun Manet had stated that Cambodia would cooperate with Thailand on a Memorandum of Understanding (MOU), and that Cambodia did not have issues with Koh Kut itself, but what worries, Cambodia is about the timing of the Joint Technical Committee (JTC) will be set up to start negotiations.
On November 8th, Pae Thongthan confirmed that her government had begun talks with Cambodia on the Overlapping Claims Area in mid-November.
The Chairman of the Cambodia Watchdog Council based in Norway, Mr. Men Nath believes the maritime dispute between Cambodia and Thailand can not escalate into war, especially the Shinawatra family in power. Men Nath suggested Cambodia should bring the case of Koh Kut into the MOU negotiations with Thailand and demand to take control two-thirds (2/3) of the island. He criticized Hun Sen for not first negotiating the maritime border before discussing on OCA, accusing Hun Sen of creating the MOU to confuse public opinion and give Thailand an excuse to occupy Koh Kut.
Men Nath: “Driven by his greed for power, Hun Sen failed to negotiate the boundaries before allowing mining operations in the seabed. Typically, maritime borders should be clearly demarcated prior to any mining activities. However, Hun Sen‘s creation of a Memorandum of Understanding (MOU) appears to have been an attempt to confuse the public and researchers, ultimately giving Thailand a pretext to occupy the island of Koh Kut.”.
Thailand occupies Koh Kut and Cambodian territorial waters in what is claimed as the OCA after former Prime Minister Hun Sen signed the Historical Water Agreement with Vietnam in 1982. Um Sam An alleges that the government of the People’s Republic of Kampuchea and Hun Sen signed the illegal Historical Water Agreement with Vietnam and other illegal treaties were revived through the Supplementary Border Treaty in 2005, depriving Cambodia of sovereignty over the islands of Koh Kut and the Cambodia sea about 30,000 square kilometers.
Koh Kut is currently being developed by the Thai government as a tourist destination with about 300,000 visitors a year. This is also where the Thai navy is used as a training base.
