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General news >> Tuesday July 01, 2008
POLITICS

Court queried overtemple declaration

POST REPORTERS

A group of senators has asked the Constitution Court to urgently determine whether the joint communique on the Preah Vihear temple, signed by foreign minister Noppadon Pattama, violates the constitution. The 77 senators yesterday sent their petition through Senate Speaker Prasopsuk Boondej, who said he will treat the matter as a ''serious problem'' and promised to quickly forward the issue to the charter court.

The move came two days before Unesco starts its 32nd session of the World Heritage Committee in Canada tomorrow.

Cambodia's proposal to list the nearly millennium-old Hindu ruins as a World Heritage site will be considered by the committee in the session.

The senators want the court to look into the legality of the joint declaration on July 18, which Mr Noppadon signed, declaring Thailand's support for Cambodia's application.

Doubts have been raised as to whether the declaration is considered an international treaty that affects the country's sovereignty, which requires parliamentary endorsement under Article 190 of the constitution.

Mr Noppadon, also a legal expert, is confident the joint communique is not classified under the definition stated in the article. The cabinet also endorsed the joint communique.

''The court will have the final say,'' said Bangkok senator Rosana Tositrakul.

''Only by approaching this issue in the correct manner will we avoid souring relations between the two countries.''

Phnom Penh wants Bangkok to certify its redrawn map, covering the temple areas to be submitted to Unesco.

Last Saturday, the Administrative Court handed down a temporary injunction against the cabinet resolution to endorse the joint communique.

The case was filed by the anti-government People's Alliance for Democracy (PAD).

However, it is still unclear whether the government will follow or appeal against the court's order.

Prime Minister Samak Sundaravej left the country yesterday for a five-day visit to China and Brunei.

''This is a very important issue and we have to consider many opinions, especially that of the Prime Minister,'' said Deputy Prime Minister Somchai Wongsawat.

However, Justice Minister Sompong Amornwiwat hinted yesterday that the government may obey the court's verdict. He saw no reason to appeal, because the judges only want the government to suspend the cabinet's resolution during the ongoing inquiry into the case. The court did not mean to revoke the joint communique, he said.

But Amorn Chantarasomboon, former secretary-general of the Council of State, said yesterday he wanted the government to make the appeal so that Thai people would know whether the government, whose approval is backed by the Royal Thai Survey Department and Foreign Ministry's Treaties and Legal Affairs, is at fault as accused.

Yesterday, Democrat leader Abhisit Vejjajiva submitted a protest letter to the Unesco office in Bangkok to oppose the joint communique. He also vowed that he would do ''everything possible' to make the cabinet review its controversial resolution.

Meanwhile, Supreme Commander Gen Boonsrang Niempradit has ordered soldiers of the Suranaree military taskforce, which oversees the Thai-Cambodian border, to keep a close watch on ongoing protests by Thai villagers against the listing of Preah Vihear.


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