Thai territory bordering Cambodia is safe, says government

The government denied taking action regarding Koh Kut in Trat province while assuring the public that Thailand would not lose it to Cambodia.
The denial by Defence Minister Phumtham Wechayachai on Wednesday followed the opposition Palang Pracharath Party’s (PPRP) objection to using the controversial 2001 memorandum of understanding (MoU) with Cambodia to pursue joint development of marine resources in the Gulf of Thailand.
Mr Phumtham, also deputy prime minister, said the Pheu Thai-led government had not taken any action concerning Koh Kut and questioned why the issue had surfaced.
He affirmed the government would do its best to safeguard Thai territory, saying protecting the nation’s sovereignty was the government’s responsibility.
Koh Kut was thrust into the spotlight when key PPRP figures held a press conference yesterday to oppose any discussions on joint development of oil and gas resources in the Gulf under the 2001 MoU framework, as it could mean Thailand losing some of its territory.
They said the PPRP would submit an open letter to Prime Minister Paetongtarn Shinawatra asking her to halt the talks.
The MoU was signed during her father’s government, former prime minister Thaksin Shinawatra.
Thirachai Phuvanatnaranubala, a former finance minister and PPRP chairman of an academic committee, said the MoU’s contents indicated that both countries acknowledged an area in the Gulf of Thailand for joint development.
Based on the maps attached to the document, it apparently accepted Cambodia’s 1972 territorial claim to half of Koh Kut in Trat province.
However, Mr Thirachai said Cambodia’s territorial claim is against the 1907 French-Siamese treaty, making the entire MoU illegal. Under the treaty, the French ceded the territories of Dan Sai and Trat to Siam, including all islands located south of Laem Ling (Laem Sing), including Koh Kut.
“The joint development area in the MoU is against the treaty, and the MoU is thus illegal,” he said.
“I have no problem with the government’s intention to discuss joint investment with Cambodia. But I will object if the government uses the 2001 MoU as a framework for the discussions because not only is it illegal, but it also results in a territorial loss for Thailand.”
ML Kornkasiwat Kasemsri, an executive member of the PPRP, said Thailand and Cambodia had discussed maritime demarcations in 1970.
At the time, Thailand based its boundary on the 1958 Geneva Convention on the Law of the Sea, but Cambodia declared its territorial waters in 1972 without reference to any international law.
To protect its rights, a royal command was issued in 1973 to declare the boundary of Thailand’s continental shelf in the Gulf of Thailand.
He said the action showed Cambodia’s territorial claim encroached on Thai sovereignty, leading to the end of demarcation talks. However, after two months in office, the Thaksin administration started discussions in April 2001 and signed the controversial MoU on June 4 of that year.
ML Kornkasiwat said the MoU resulted in an overlapping claim area (OCA) of 26,000 square kilometres, although no legal document acknowledged the area.
“The PPRP urges the prime minister to revoke the 2001 MoU as soon as possible because a Cambodian map attached to the 2001 MoU included the sea off Trat, Koh Kut and some Thai territory,” he said. “Thailand is at a disadvantage and risks territorial loss.”
Previously, ML Kornkasiwat posted on Facebook that this issue is different from the OCA between Thailand and Malaysia and the OCA between Thailand and Vietnam as the OCA with both countries is in line with the Geneva Convention.
He said that before signing the MOU in 2001, the government should have asked Cambodia to demarcate the border according to international law.