David L. Chaplin II
Impunity Watch, Asia

PREAH VIHEAR, Cambodia – A day after the United Nations security council urged the two sides to exercise restraint, there have been further clashes on the disputed border with Cambodia and Thailand.

Maria Luiza Ribeiro Viotti, the current head of the Council, called on both sides “to display maximum restraint and avoid any action that may aggravate the situation”.

On Monday, Cambodia’s Foreign Minister Hor Namhong and Thailand’s Kasit Piromya appeared before the United Nations Security Council to set out their respective positions.

Sunai Pasuk, a representative for Human Rights Watch in Thailand, says the U.N. will provide a forum for debate over the clashes, and could help determine human rights violations.

“But the basis for conflict resolution is still within bilateral process,” noted Sunai. “A presentation at the U.N. Security Council will be an opportunity to both Thailand and Cambodia to further allegations of human rights violations to international laws as the use of cluster ammunitions can only be resolved with independent observation of the affected area.”

“Members of the Security Council urge the parties to establish a permanent ceasefire and to implement it fully,” she said.

Both countries have accused the other of using banned cluster bombs in the fighting.

The conflict had intensified around the 900-year-old Preah Vihear temple.

The temple is home to four days of clashes this month in which 11 people died.

Both sides have claimed the UN statement supports their position. Cambodia went into the meeting calling for a permanent ceasefire, and Thailand, which regards the dispute as a purely bilateral issue, welcomed the UN’s decision not to become more actively involved.

In 1962 the grounds of the temple itself were awarded to Cambodia by the International Court of Justice, but it is the 4.6 sq km of nearby territory, a main access route, and remains in dispute.

Thailand has blamed the UN decision to list the temple as a World Heritage site in 2008 for inflaming the current tensions.

The armies of both governments remain on alert as thousands on both sides were forced to flee their homes.

In Thailand, Prime Minister Abhisit Vejjajiva says the temple should be de-listed as a United Nations Scientific and Educations Organization World Heritage site.

Mr. Abhisit says doing so and scrapping a proposed Cambodian management plan would defuse the border conflict. However, Cambodia is expected to oppose the idea.

By the time the armies of Thailand and Cambodia end their battle for Preah Vihear, an 11th century temple on the border between the two countries, there may be nothing left to fight over, as many reports have it.

For weeks, there have been protesting in Bangkok, espousing hate speech against Cambodians and issuing a set of extremist demands that include a Thai boycott off the UNESCO World Heritage Committee and the use of military force to evict Cambodian villagers from the disputed area.

It isn’t clear yet whether the U.N. Security Council will take up the conflict, and if it does, how quickly it will proceed.

For more information, please see:

TIME – Thailand and Cambodia’s Battle for an Ancient Temple – 7 February 2011

Voice of America – Thailand, Cambodia Border Fight Moves to UN – 11 February 2011

Financial Times – Thailand accuses Cambodia of fresh attack – 15 February 2011