Thailand is the main problem in ASEAN

 By  Dr. Phitaya Pookaman                       
Respect for ASEAN Process

No one would deny that the most recent Thai-Cambodian border conflict has put Thailand in a bad light in the eyes of ASEAN and the world community, whilst Cambodia has managed to portray itself as a respectable and law abiding member. It would be all too easy to point accusing fingers at the Abhisit Government and the abrasive Thai Foreign Minister for the failure of Thai foreign policy vis-?-vis the Cambodia issue in the context of ASEAN and the international community.

Since the United Nations had mandated Indonesia, as ASEAN Chairman, to mediate the settlement of the border conflict between Thailand and Cambodia, the Thai government has not been very forthcoming in accepting the Indonesian mediation, let alone the stationing of Indonesia observers on its soil by citing technicalities. On the other hand, Cambodia has shown its willingness (at least in words) to accept mediation by ASEAN Chairman by declaring that it seeks peaceful settlement of this border dispute based on the principles of international law and the spirit of the ASEAN Charter and treaties as well as other related agreements. So, while Thailand is still struggling on how to come to terms with ASEAN mediation, Cambodia has scored points. Cambodia has lost no time in commending the efforts by Indonesia to dispatch observers to the area of the Pra Viharn (Preah Vihea) Temple in order to monitor the ceasefire in accordance with the UN mandate. Meanwhile, the Thai Foreign Ministry and the Thai Defence Ministry are still at loggerheads on the issue of deployment of observers and the GBC. When Indonesia finalized the Terms of References (TORs) for deploying the observers, Cambodia signed the Acceptance Letter on May 3rd to put the TORs into effect. Thailand has not yet accepted the TORs and still continues to put up conditions and technicalities. For ASEAN and the international community, the Thai Government’s procrastination and dubious moves could be interpreted by ASEAN members as the lack of willingness to settle the border dispute with Cambodia in accordance with ASEAN process and UN mandate.



Using bilateral mechanism may be a preferred method of resolving the border dispute but it has not hitherto made any significant progress. Moreover, the adoption of the 3 records of the meetings of the Thai-Cambodian Joint Border Committee (JBC) have not yet been approved by Thailand. The Thai government is still at a loss as to which government agency has the authority over the matter. It is still hamstrung by the 2007 Constitution that requires Parliamentary approval. Therefore, the Thai government should use all avenues available, whether they be bilateral or multilateral, to achieve a settlement of the border dispute before the issue takes on an international dimension which will be too much for Thailand to handle. The Thai-Cambodian conflict presents a great challenge to ASEAN. It can act as an obstacle to ASEAN Community to be realized in 2015. ASEAN has many mechanisms to resolve regional conflicts: The Treaty of Amity and Cooperation, the ASEAN Regional Forum (ARF), ASEAN Institute for Peace and Reconciliation, and ASEAN Summit. Thailand should engage them as much as possible to enhance peace, security, and stability in the region.