2001 Cambodia document ‘still the best way forward’

According to the foreign ministry, any negotiated deal on sea country will have the final say.

Officials board a ship to survey Koh Kut in Trat province on Nov 9. The island is at the centre of a dispute over the legitimacy of an agreement entered into with Cambodia by the Thaksin Shinawatra government in 2001. (Photo: Jakkrit Waewkraihong)
On November 9, Koh Kut officials board a ship to review the state of Trat. The Thaksin Shinawatra government’s deal with Cambodia in 2001 is at the center of a disagreement over its validity. ( Photo: Jakkrit Waewkraihong )

The Ministry of Foreign Affairs has reiterated that Thailand has never terminated its memorandum of understanding ( MoU) from 2001 regarding its overlapping maritime claims with Cambodia, arguing that this is the best way to safeguard the nation’s interests.

Vice minister Russ Jalichandra announced on Wednesday that on Tuesday, the foreign affairs minister will ask for the approval of a Joint Technical Committee (JTC ) to be held in the middle of ongoing negotiations.

The importance of the contract signed in 2001 cannot remain overstated, said Mr Russ. It provides a foundation and process for discussions of the dispute-resolved claims that have been ongoing for 50 years.

It calls for debate on both sea restrictions and resource-sharing at the same time, in line with international laws, he added.

According to Mr. Russ, the MoU does not accept any promises from either party until an agreement is reached.

There is no need under constitutional law for the negotiations to be presented to parliament because there is no obvious result from them in the construction of the 2001 document.

Before any contract may become legally binding, he said, the outcome may be presented to congress for approval once negotiations are finished.

According to Mr. Russ, this guarantees transparency and political monitoring because it allows Thais to evaluate and review contracts that affect national sovereignty and how solutions are used, safeguarding the country’s wealth for the public good, through their MPs and the Senate.

Critics of the Pheu Thai government say the agreement, which was signed while Thaksin Shinawatra was prime minister, could lead to Thailand losing its sovereignty over Koh Kut in Trat province and the overlapping claims area ( OCA ) in the Gulf of Thailand.

Cambodia has always disputed Thai sovereignty over Koh Kut, according to the government’s repeated assertions. Additionally, it has refuted reports of a” secret deal” involving former Thai prime minister Hun Sen and former Thai prime minister Thaksin.

Additionally, Mr. Russ noted that the MoU has been supported by all past administrations. Despite a 2009 government resolution to initially halt it, a complete examination of its benefits led to the decision to keep it in 2014.

” So, the MoU remains in effect and has not been formally cancelled since next”, he said.

Koh Kut has been Thai country since 1907 under the Siam-France Treaty and that is non-negotiable, he said. The MoU is the best way ahead and cancelling it would not reduce Cambodia’s sea says, he added.