Thailand is ready to enter the first meeting of the conciliation process under the UN Convention on the Law of the Sea (UNCLOS) with Cambodia in Singapore, with confidence in its position based on international law, Foreign Minister Sihasak Phuangketkeow said in New Delhi yesterday.
Sihasak, who is also deputy prime minister, was in New Delhi to attend the 18th BRICS Summit.
He said he would travel on to Singapore to attend the first meeting of the mandatory conciliation process under UNCLOS concerning the maritime boundary dispute between Thailand and Cambodia.
The three-day meeting is being held in Singapore from September 14-16. Opening statements by both sides will be delivered on September 15 and webcast live in Thai, English and Khmer, allowing the public to hear the positions of both countries.
The meeting will also consider the adoption of the Rules of Procedure, which will establish the framework for the commission’s work and subsequent meetings.
The five-member Conciliation Commission comprises two conciliators appointed by each country, plus an independent chairperson. Thailand appointed Judge Albert J. Hoffmann of South Africa and Judge Rüdiger Wolfrum of Germany.
Cambodia appointed Ambassador Peter Taksøe-Jensen of Denmark and Professor Jean-Marc Thouvenin of France. The four conciliators subsequently appointed Australian Ambassador Katrina Cooper as the fifth conciliator and chairperson of the commission.
Thailand’s delegation is led by Sihasak, in his capacity as Agent, with Ambassador Songchai Chaipatiyut as Deputy Agent. Cambodia is represented by Deputy Prime Minister and Foreign Minister Prak Sokhonn as Agent and Lam Chea, Minister in Charge of the State Secretariat of Border Affairs, as Deputy Agent.
Sihasak said Thailand was entering the process with confidence because its position was based on international law.
However, Thailand still believes that the most appropriate approach is to begin with bilateral negotiations.
“If we cannot reach a conclusion, we can then consider other mechanisms that both sides agree on,” he said.
Responding to Cambodia’s claim that the process was triggered by Thailand’s cancellation of the 2001 Memorandum of Understanding (MOU 44), Sihasak said the MOU had been in place for about 26 years without any progress.
Thailand therefore wanted to start a new process by proposing that the two sides return to negotiations first, possibly within a specified timeframe, such as six months, to see whether progress could be made before considering other mechanisms.
Sihasak said Cambodia’s approach was to seek an advantage and exert pressure, but added that Thailand was prepared for the process.
Even the mandatory conciliation process under UNCLOS would not produce a legally binding outcome, he said.
The conciliators would propose solutions they considered consistent with international law and equitable, after which the two sides would have to return to negotiations.
Sihasak said Thailand was fully prepared for the process, knew where its national interests lay and would stand firmly on the principles of international law.
Regarding Koh Kood, he was unequivocal that Thai sovereignty over the island was not in doubt and could not be negotiated.
“Koh Kood is not an issue. We reaffirm that there is no problem with Koh Kood. Koh Kood belongs to Thailand,” Sihasak said.
He said Thailand’s sovereignty over Koh Kood was established under treaties concluded when Cambodia was under French colonial rule.
