22 July 2011 --
Television Kampuchea
Translated by LyKC
Speaking to begin the news conference, the prime minister says today he "needs to inform" the media and the Cambodian people of the order issued by the ICJ on 18 July regarding the "provisional measures requested by Cambodia."
He says the Royal Government of Cambodia [RGC] has issued an "urgent statement voicing its full support for the court's order." He adds the statement drew reactions from Thai Prime Minister Aphisit Wetchachiwa, who "dared even say that since Cambodia supports the order first, it should then withdraw its troops first.
Hun Sen says, "I think this is the language of a kid; this is not a game between children. However, it is not only the problem between the two sides or among Cambodia, Thailand, and ASEAN as before, but it is also the compliance of the court order forcibly required by international legal obligations. Therefore, I hope that caretaker Prime Minister Aphisit should appropriately limit his language before making any remarks so not to cause annoyance to the new government to be led by prime minister-in-waiting Yinglak Chinnawat."
Commenting on the court decision, Hun Sen says in the last paragraph of the order, the ICJ states that the order indicating the provisional measures "has binding effect and thus creates international legal obligations with which both parties are required to comply. The court has also noticed that the decision taken in the present proceedings on the request for the provisional measures does not constitute a prejudgment of any question that the court should deal with relating to the request for interpretation of the [ 1962] judgment."
The prime minister says that to his understanding of the court order, it is "impossible for Aphisit to say that Cambodia has to withdraw its troops first. This is the language of a primary school kid." He adds he does not want to say "this side loses and the other side wins, even though the Thai side claims that it is on the upper hand." However, the issue rests on Cambodia "asking for the interpretation of the judgment and the indication of the provisional measures" and on the court "rejecting Thailand's request for the removal of Cambodia's complaint." Hun Sen asks Thai Prime Minister Aphisit to "desist from deceiving his people further."
The prime minister says that in its order, the court "unanimously rejects the Kingdom of Thailand's request for the removal of the Kingdom of Cambodia's request of 28 April 2011 from the General List." Therefore, he asks, "Is Thailand the winner or loser?" Why does the outgoing Thai prime minister need to "tell further lies to his people and to the international community?"
Commenting on the ICJ's rejection of Thailand's request, Hun Sen says the reason the decision was made "probably due to Thailand looks down on the court too much." "This is heavy slap on the Aphisit government's face," he adds.
Concerning the next steps to be taken by Cambodia to successfully implement the court order, Hun Sen says it is necessary for the Cambodian side to take "initiative to introduce measures to move forward, without waiting for anything." This is why, he adds, Cambodia has "drafted an agreement" that the Cambodian foreign minister already sent to the Thai Government "on 21 July," Indonesia, the ICJ, and the UN Security Council [UNSC].
The prime minister then reads the draft agreement as follows:
1. "To implement the immediate withdrawal of troops from the provisional demilitarized zone [PDZ] as defined in Paragraph 62 of the order, each side, in cooperation with Indonesia, should inform the court of the details of the number of its military personnel and positions within the PDZ as of 18 July 2011.
2. "To ensure Cambodia's free access to Preah Vihear Temple and to keep normal administration within the DPZ, each side, in cooperation with Indonesia, should inform the court in detail of the status of non-military activities as of 18 July 2011.
3. "After the agreement goes into effect, the two sides will request the urgent assignment and dispatch of Indonesian observers representing ASEAN as indicated in Paragraph (B) (3) of the order and as agreed in Paragraph 10 of the statement issued by the ASEAN chair in Jakarta on 22 February 2011.
4. "After the arrival of Indonesian observers, the two sides should, in cooperation with the observers, determine the locations on the ground of points A, B, C, and D of the PDZ according to coordinates as defined in Paragraph 62 of the order.
5. "In cooperation with the Indonesian observers, the two sides should draw up timetable for the immediate withdrawal of all their troops from the PDZ.
6. "In accordance with Paragraph 61 of the order, this agreement will not affect the works of the General Border Committee and Joint Boundary Commission to demarcate the border and to ensure security and order along the border.
7. "The assignment of duties and responsibilities of and the Terms of Reference for the Indonesian observers representing ASEAN and the responsibilities of Cambodia and Thailand in facilitating the Indonesian observer teams' mission should be defined in a separate agreement between Cambodia, Thailand, and Indonesia in accordance with Paragraph 69 of the ICJ's 18 July 2011 order."
The prime minister goes on to say all sides, including Cambodia, Thailand, and Indonesia, have the "right to discuss this issue" and that Cambodia "welcomes all views" on this draft agreement and is "ready to step in negotiations."
On the need to report to the ICJ of each side's positions and number of forces in the PDZ as of 18 July, Hun Sen says it is "indispensable" to know the areas controlled by each side. Moreover, if there is demand that the number of weapons be also declared, "we will also agree," he adds. He says this is "indispensable before discussing the withdrawal." This is the first point, he adds.
Concerning the second point, Hun Sen says the court order indicates that "only military personnel should be pulled out, while non-military elements kept there. Therefore, it is necessary to report, in cooperation with Indonesia, to the court about the non-military situation and activities and what Cambodia and Thailand have in the PDZ," including police, forestry officials, conservationists, village administrators, and so forth.
Regarding the withdrawal of Cambodian troops from the PDZ, Hun Sen tells the Cambodian people that it does "not constitute either relinquishing territory or giving up the right to control Cambodian land as claimed by the Cambodian opposition party. The right to control remains there. Anyway, the benefit the peoples of both sides will receive is that there will be no further fighting in the zone. Both Cambodian and Thai soldiers and peoples will all benefit from the PDZ. Fighting and military confrontations will come to an end once the troops are pulled out from the zone."
Hun Sen further says that Thailand constantly "prevented" Cambodia from using a road to go up Preah Vihear Temple and that it even went so far as to warn UNESCO officials and other foreigners to "seek its permission" before travelling to the temple. However, now the court order has made it clear that Thailand should "not obstruct Cambodia's free access to Preah Vihear Temple or prevent it from providing food supplies to its non-military personnel at the temple." The prime minister then asks Tha iland to "comply with the court's forcible order with international legal obligations."
The prime minister says to the Cambodian people that the RGC always "care about the sovereignty as well as security and peace that the Cambodian and Thai peoples deserve in this new era of cooperation. The benefit to be received is that there will no more be bloodshed in this zone after it is demilitarized from any forces."
On the Indonesian observers' role, Hun Sen says they are now "different" from the previous one.
He says a statement by Thai Prime Minister Aphisit constitutes a "major mistake to The Hague International Court's order." Aphisit said Indonesian forces were "not allowed to enter the disputed area. Nevertheless, the court order indicates that the two sides should continue their cooperation that they have agreed upon, within the ASEAN framework, in particular they should allow the observers appointed by the organization to have access to the PDZ."
Hun Sen explains that this means the PDZ covers "up to 17.388 square kilometers" and that the "Indonesian observers can be present everywhere." Therefore, he says, the "previous terms of reference can no longer be used" and that now the observers have "full access to the 17 square kilometers." Therefore, Aphisit should "look clearly at the fact and legality in making any comments" and should "comply fully" with the court order.
Concerning the Indonesian observers to be deployed in the PDZ, Hun Sen says their number should be "more 15" on each side, because the zone is more than 17 square kilometers.
Commenting on the locations on the ground of points A, B, C, and D of the PDZ in the map provided by the ICJ, Hun Sen says according to Thailand's Pattaya Mail, Thai Prime Minister Aphisit said the PDZ along the Cambodian-Thai border defined by the ICJ covers "17.3 square kilometers, with 8.5 square kilometers on Thai territory and 8.8 squares kilometers on Cambodia." However, Hun Sen adds, taking into consideration the "map drawn unilaterally by Thailand that Cambodia used to call a thief map, it is absolutely true. Anyway, if the Dangrek map attached to Appendix 1 of The Hague International Court's 1962 judgment is talked about, it is showed that Cambodian territory in the PDZ is up to 14.363 square kilometers, or more than 14 square kilometers, while Thai territory is only 3.025 square kilometers, or more than three square kilometers." Nonetheless, he further says, according to the thief or unilaterally drawn map, the Cambodian territory in the PDZ "has reduced down to just 8.8 square kilometers, while its exact size is 14.363 square kilometers."
Further in his remarks on the locations in the PDZ, Hun Sen says actually, this task should be left for the ICJ. However, given the statement by Aphisit, if Cambodia does"not reject it right away, he can say that while he mentioned like that why Cambodia did not reject it?""Please take note that today," Hun Sen adds, "the Prime Minister of Cambodia has rejected the remarks by the Thai prime minister that Cambodia's territory in the PDZ is only 8.8 square kilometers and that Thai territory in the PDZ is up to 8.5 square kilometers. This is not right. According to the correct coordinates of our map, the total exact area is 17.388 square kilometers. Cambodia has 14.363 square kilometers while Thailand has only 3.025 square kilometers. This issue should be reported to the court."
The prime minister also says that Cambodia has "lost a lot of territory" but Thailand says that Cambodia has "lost just a little." This is because "it uses its unilaterally drawn map, while Cambodia uses the international map." He then urges Aphisit to "rectify this problem."
Continuing his remarks on the points in the PDZ, Hun Sen says Cambodia, Thailand, and Indonesia should join hands to "plant stakes" in the PDZ according to the "coordinates provided but not yet marked by the ICJ, leaving it for interpretation." However, he adds, due to the Thai side using its unilaterally drawn map, "I have to show it the map used by Cambodia in accordance with the ICJ's judgment of 1962."
The prime minister goes on to say that after the arrival of the Indonesian observers, "the first and most important task is to complete the planting of stakes at points A, B, C, and D in order to "clearly determine this zone." And there shouldbe reports on the "number of troops" in the areas and others. Afterward, the "dates when the troops should be pulled back need to be set as well."
Hun Sen further says Cambodia "cannot allow a party to get the edge on the other," and "we wish to stress that we will not take advantage of anybody. We only want peace and security for our people."
Hun Sen also says Cambodia has "no troops at Preah Vihear Temple," adding that as the owner of the World Heritage Site, Cambodia is "not that dumb to the point that it has stationed its troops at the temple." However, the surrounding areas in the PDZ should be clearly spelled out and dates set for the troops to be withdrawn "at the same hour, same time." The Indonesian observers can stand there to "watch all the troops leaving," he adds.
On the presence of police in the PDZ, Hun Sen says Cambodia and Thailand should leave their police, not military, forces to "ensure law, order, and security in the 17.3 square kilometer demilitarized zone."
Speaking of the role of Indonesia, Hun Sen says the statement issued by ASEAN on 22 February 2011 is "still in force" and that even the ICJ has supported this role. However, the package plan of 9 May 2011 has "already turned sour, rotten, and is no longer applicable." He also says the terms of reference drafted by Indonesia for its observers to be deployed on the Cambodian-Thai border will be discussed further as mentioned in clause 7 of the agreement drafted by Cambodia. He adds that the Indonesian observers' prerogative and immunity can be modified if Cambodia, Thailand, and Indonesia concur.
On the points where the observers will be stationed, Hun Sen says that now "only the areas in the PDZ should be talked about. Therefore, Indonesia is entitled to select the locations it wants in the PDZ and Cambodia is prepared to provide them with places it asks for. Cambodia will not impose any ban on them." He adds that if Thailand were "sincere," it would "agree."
Hun Sen points out that the previous terms of reference are "no longer effective."He adds that however, "some points" in the terms of reference can be used to draft a new agreement, a memorandum, or new terms of reference and that Cambodia "considers helping to write."
Commenting on a July draft declaration of the ASEAN chair,welcoming the ICJ's 18 July order, that the Indonesian foreign minister sent to Cambodia on 21 July, Hun Sen says while Cambodia supports it Thailand "objects," adding that if it cannot materialize, "I will also send this declaration to The Hague ICJ so it will understand Thailand's attitude toward the ICJ's order."
Criticizing Thai Prime Minister Aphisit again, Hun Sen says Aphisit reportedly demanded that Cambodia "withdraw its soldiers from the disputed area near Preah Vihear Temple before the arrival of the Indonesian observers." He adds that in his response to a report that Cambodia wants Indonesian observers to enter the disputed area before its troop pullout, Mr. Aphisit also said yesterday that Thailand "firmly maintained its stance on its original demand that Cambodia withdraw its troops first."
The Cambodian prime minister points out that the troops should be "pulled back concurrently and at the same time," and he urges the Thai prime minister to "complain to the court if you disagree." He adds that the "two sides, not only Cambodia, are required to withdraw troops. This is the language of a kid, of an irresponsible outgoing prime minister of a country."
On a meeting to be held with Thailand, Hun Sen says he used to indicate that"only talks on the disputed or hostility area of Preah Vihear Temple that should be multilateral," with the "unavoidable" participation of ASEAN. "Now," he adds, "I wish to openly announce that any three-party talks between Cambodia, Thailand, and Indonesia can be held anytime, anywhere, and at any levels." However, he further says, due to the transition in Thailand, Cambodian, Thai, and Indonesian working groups should start holding talks to "speed up the process," because once it takes office, the new Thai government can "start working right away." The talks are to discuss efforts to "implement the ICJ's 18 July order," he adds.
He also says Thai Prime Minister Aphisit and Army Chief Prayuth Chan-ochar, too, asked for talks. Therefore, the two sides' positions are "matching." However, he points out, do not forget that Indonesia should also be "invited to participate." He adds that if they can "speedily finalize" the talks on the issues regarding the terms of reference, roles, positions, prerogative, immunity of the observers as well as the responsibilities of Indonesia, Cambodia, and Thailand toward the monitors during their operations, it would be "good." This is to establish the "provisional demilitarized zone drawn by the ICJ."
In his comments, Hun Sen also criticizes ASEAN Secretary General Surin Pitsuwan for stating that if the "two sides reach an agreement in their talks, complaints should be withdrawn from the ICJ." He says if this is true, Surin Pitsuwan should "stop talking." As he was a graduate from Harvard, Hun Sen adds, he should "not make such a statement like a kid." He also says that if Surin Pitsuwan made the comments as the ASEAN secretary general, he is "wrong. You have no right to say so. You should listen to the ASEAN's foreign ministers and heads of the government. In a few more months, after becoming the ASEAN chair, Cambodia will supervise you. Don't be confused." "If you speak like that as a Thai national, it is more appropriate, but don't use the words, ASEAN secretary general," he points out.
In his remarks, Hun Sen also "criticizes" Thai reports that Cambodia has "submarines and nuclear weapons mounted on jeeps."
After he concludes his remarks, the prime minister invites the correspondents to ask questions.
Asked by Apsara Television correspondent Mayarit whether Cambodia should wait for the new Thai Government to be headed by Ms. Yinglak Chinnawat to hold the bilateral talks as demanded by caretaker Thai Prime Minister Aphisit or else, Hun Sen says the "bilateral talks cannot be held secretly" and that "the presence of Indonesia is a must." Therefore, he adds, "it is impossible to hold any bilateral negotiations now;" Cambodia "needs to wait for the Yinglak government."
As to the question by Soy Sopheap, a correspondent of the Bayon Television and Daeum Ampil Newspaper, whether the Aphisit government will accept the "draft agreement proposed by the Cambodian Government" and whether the delay in the troop pullout announced by the Aphisit government is to "bring pressure to bear on the Yinglack government," Hun Sen says Cambodia "needs holding talks" with Thailand,no matter how little the hope would be. He adds that talks, albeit "difficult," are "far more better than fighting and bloodshed. Therefore, we need trying to promote talks." He adds that since Aphisit stated that the ICJ's order is "acceptable; so why Yinglack cannot act on it." He says the Yinglack government should "not be blamed" for complying with the court order and that no matter if it is an Aphisit or a Yinglack government, the order has to be "respected," anyway.
Hun Sen criticizes the Sam Rainsy Party for demanding that Cambodia
"reject" the ICJ's order. He also blasts Thai red-shirt leader Chamlong Srimuang for demanding that "The Hague Court's order be rejected, Thai troops not withdraw, the forces kick us out, and Thailand not rejoin the World Heritage Committee." He says Chamlong is "not the government" and that "this matter should be left for the new government to decide. Anyway, I believe that Ms Yinglack will not pull out from the membership of the World Heritage Committee."
The prime minister also says the Indonesian foreign minister asked to meet with the Cambodian and Thai sides to continue "discussing the statement on the Cambodian-Thai problem," adding that "if no solution is found, the issue will be forwarded to The Hague Court."
Answering the question by Cambodia
Television Network correspondent Som Chhaya about Indonesia's statement asking Cambodia and Thailand to hold discussions and about Indonesia's mediating role in 2012, Hun Sen says it is Indonesia's role in "drafting the agreement." He adds that Indonesia should continue its "role, within the ASEAN framework," in mediating the Cambodian-Thai dispute in 2012, "but no longer as the ASEAN chair." As for Cambodia, since it will be the "ASEAN chair in 2012, it is impossible for it to be both umpire and players."
He also explains that as the ICJ needs one-two years to decide on the 1962 judgment concerning Preah Vihear Temple, Cambodia should be "prepared to extend the monitoring role of Indonesia, the incumbent ASEAN chair, which will act in the name of ASEAN to further observe the demilitarized zone."
Concerning the question by Voice of America correspondent Pen Mony about the Cambodian Government's and his interference in the trial of former Khmer Rouge leaders, Hun Sen says the question is inconsistent. Anyway, he points out, it is those who talk about it are "interferers." He adds that he used to state that no matter how the trial was conducted, it "should absolutely ensure peace and national reconciliation. And I also used to say that I would rather have the court fail than for war to reoccur in the country and the people to die."
The prime minister also says that pending the ICJ's decision on the case concerning Preah Vihear Temple, while a raft of comments were made in Thailand, Cambodia "remained quiet, because it understands that it is the court's competence. Now, the result has come out as a heavy slap on Thailand's face: the court has unanimously rejected Thailand's request, because it said the court did not have the right."
Asked again by the Apsara television correspondent about the number of Indonesian observers to be deployed in the 17-square kilometer demilitarized zone, how police officers in the zone will be armed, and whether the six-point proposal agreed upon by the Indonesian, Cambodian, and Thai foreign ministers on 9 May 2010 is still effective, Hun Sen says that 15 observers for each side are "not enough as the size the [demilitarized] zone has increased up to 17 square kilometers."
As for the 9 May 2010 six-point proposal, the prime minister says it is already "out-of-date" [three preceding words in English], "obsolete." He adds that now the observers can be "deployed anywhere in the demilitarized zone."
On the question about police officers to be deployed in the zone, Hun Sen says they should be "armed with handguns and light guns, but "not with B-40 or B-41 rocket launchers or supporting weapons." However, he adds, they "do not need to be armed at various temples and world heritage sites." Anyway, this issue will be subject to further discussions.
Answering the Bayon and Daeum Ampil correspondent's question how Cambodia will repair the road to Preah Vihear Temple in the demilitarized zone and about his reaction to a statement issued by the Cambodian opposition MPs, Hun Sen says the road built by Cambodia has encountered problems due to the "map drawn unilaterally" by Thailand. However, Cambodia has the "full right to repair it if it is damaged."
He adds that as for another road linking the Preah Vihear provincial town and Kev Soekha Kiri Svarak Pagoda and Preah Vihear Temple, it "belongs to the PRC outright." The construction of the road is "financed by China, which has drawn it that way;" it is to "prevent hostility" between Cambodia and Thailand. He also says that the construction has been postponed due to Thailand's invasion of Cambodian territory on 15 June 2008; however, it is not too long to wait until after the ICJ's interpretation of the 1962 verdict. However, the "existing road should be repaired if it is damaged. This is Cambodia's full right and authority that nobody can violate." "There is no need to ask for permission from Thailand to repair the road, because it is in Cambodian territory," he stresses.
Hun Sen also "rejects" erroneous Thai intelligence reports that Cambodia's "tanks were driven up Preah Vihear Temple."
The prime minister also criticizes the opposition SRP, without naming it, for urging the government to use to the Paris peace accord to deal with the border dispute with Thailand. He says it is "difficult" to ask Indonesia and France to convene the signatories, including Thailand, to the accord. He points out that no authority is "more powerful than the UN Security Council and the ICJ." He asks the opposition officials to study the accord more profoundly.
Moreover, the prime minister criticizes the Thai Democrat Party for being "unable to form a government itself" due to its "constant poll defeats." He says the party depends on some other parties to create a government. He also calls on the Cambodian opposition leader [Sam Rainsy] to tender his resignation, as outgoing Thai Prime Minister Aphisit, due to his consecutive poll defeats. Hun Sen also says that if he were defeated in the 2013 general election, he would "declare accepting the poll results" at once. He adds that 60 days the most after that, he would definitely gather all the MPs from the Cambodian People's Party and lead them to attend the opening of the National Assembly. Hun Sen stresses that as "I go up through the Constitution, I will go down through the Constitution likewise. And as I go up through the votes cast by the people, I will go down through a decision made by them through their votes as well. I will not step down. If you want to try, you will see." He also warns against resorting to the "jasmine revolution" of the Tunisian, Egyptian, or Libya style in Cambodia.
Moreover, Hun Sen says he is aware that the "Thai yellow-shirt group has prepared cash and armaments for them [Cambodian opposition] to create forces in Thai territory. He adds, "If you try and I cannot catch you, I will kneel down to salute you." He also says that he has already "identified those who are currently in Bangkok. The question remains is when I will act." He says he believes that the "Phuea Thai Party will unlikely give them permission, and they may easily be arrested for punishment too."
Asked by a correspondent what Cambodia would do if Thailand still insisted on the bilateral negotiations and then started armed clashes after its demand failed, Hun Sen says now the situation in the area of Preah Vihear Temple is calm; "there has been no armed clash, except in the areas of Ta Krabei and Ta Moan Temples." However, "risks are still there, because troops remain in standoff. There is still hostility. As such, on this occasion, pending talks to find clear solutions to the border delimitation problem, I should call on the two sides' troops and all levels of territorial authorities to exercise restraint, avoid armed clashes, and try to avert military confrontations. This is the wish of the Royal Government of Cambodia
and of the Cambodian troops and people. It is also the wish of the Thai troops and people, except for a small handful of extremists who incite the use of force and refuse to comply with the court's order."
The prime minister says the "risks remain there but the temperature has gone down. Anyway, the flame is still there. It can easily flare up. Therefore, I call on the Cambodian and Thai sides to respect each other, avoid trespassing on each other, and desist from creating hostilities. If this can be done, the two peoples will enjoy wellbeing, security, and peace,and armed hostilities and military confrontations can be prevented. We will reduce conflict and expand cooperation by avoiding spreading this dispute along the entire border or to other regions, including the areas of Ta Moan and Ta Krabei Temples.We should keep the areas calm. Cooperation and contacts should also be broadened."
Hun Sen says he wants the situation to "return to the status quo before 15 June 2008. This is Cambodia's wish. At the time, nothing happened, except for cooperation. This is our genuine wish. That is why we have made all out efforts to resolve this problem."
At the news conference, the prime minister, in his criticism of the Voice of America [VoA] and Radio Free Asia [RFA], urges their Cambodian correspondents to "serve Cambodia's interest." He says VoA and RFA are "far different" from France Inter, whose news and analyses are "reliable." He indicates that VoA and RFA reports are "lousy, misleading, and slanderous," and he asks the correspondents to work for local radios. If they do not have wages, "I will pay you." "If they fail to insult the CPP, they will not get paid," he remarks. Anyway, the CPP's successes are "very worthy thanks to your insults."
Before concluding the news conference, Hun Sen says the results that Thai Prime Minister Aphisit "stole have returned quickly to their owner,the Phuea Thai Party. The party has only got back what it lost." "The Phuea Thai Party," he adds, "has never been an opposition party, because it has won all along. It has returned only to recover everything stolen by the thief. Nothing is wrong. That is all.
Thank you."
