The Ministry of Foreign Affairs has reiterated that Thailand has never revoked the memorandum of understanding (MoU) from 2001 related to its overlapping maritime claims with Cambodia, emphasising that it is the best mechanism to protect the country’s interests.
Foreign Affairs Minister Maris Sangiampongsa on Tuesday will propose the approval of a Joint Technical Committee (JTC) for ongoing negotiations, vice minister Russ Jalichandra said on Wednesday.
The importance of the agreement signed in 2001 cannot be overstated, said Mr Russ. It sets a framework and mechanism for talks on the disputed claims, which have been at issue for half a century.
It calls for discussions on both maritime boundaries and resource-sharing at the same time, in line with international law, he added.
The MoU does not recognise any claims from either side until an agreement is reached, Mr Russ said.
Since there has been no clear outcome resulting from the negotiations under the framework of the 2001 document, there is no requirement to submit it to parliament under constitutional law.
Once negotiations are finalised, the result must be submitted to parliament for approval before any agreement can take legal effect, he said.
This ensures transparency and democratic oversight as it allows Thais, through their MPs and the Senate, to review and approve agreements that affect national sovereignty and how resources are exploited, securing the country’s prosperity for the public benefit, Mr Russ said.
The Pheu Thai government has come under heavy fire from critics who contend that the agreement signed when Thaksin Shinawatra was prime minister could cause Thailand to lose its sovereignty over Koh Kut in Trat province and the overlapping claims area (OCA) in the Gulf of Thailand.
The government has repeated on many occasions that Thai sovereignty over Koh Kut has never been disputed by Cambodia. It has also denied reports of a “secret deal”, based on Thaksin’s longstanding friendship with former Cambodian prime minister Hun Sen.
Mr Russ also noted that all previous governments have supported the MoU. Despite a cabinet resolution in 2009 to cancel it in principle, a thorough review of its advantages led to a decision to retain it in 2014.
“Thus, the MoU remains in effect and has not been officially cancelled since then,” he said.
Koh Kut has been Thai territory since 1907 under the Siam-France Treaty and that is non-negotiable, he said. The MoU is the best way forward and cancelling it would not eliminate Cambodia’s maritime claims, he added.