A security guard stands at the Preah Vihear temple in this photo taken
on July 18, shortly after Cambodian and Thai troops withdrew from the disputed
territory. AP
Last week, Thailand and Cambodia pulled back their troops from the
disputed border area around Preah Vihear, a ninth-century Hindu temple.
The two countries have been locked
in a stand-off around the temple for several years, amid several military
confrontations. The Association of South-East Asian Nations (ASEAN), of which
both Thailand and Cambodia are members, quickly celebrated the troop
withdrawal.
ASEAN's delight was
understandable. It has been keen to mediate in the conflict, partly to protect
its own reputation. ASEAN's success in persuading Thailand and Cambodia to
accept its role in mediating in their conflict came at a critical time.
Barely two weeks ago, the ASEAN
Ministerial Meeting in Phnom Penh, the Cambodian capital, ended in disarray
after the ministers could not agree on how to handle the South China Sea
dispute.
The dispute - involving rival
territorial claims by four ASEAN members (Vietnam, Philippines, Brunei and
Malaysia) and China - has emerged as a serious challenge to ASEAN's credibility
as a unified organisation.
In recent months, tensions in the
disputed waters have risen, partly due to China's moves to assert its claims
over almost all of the South China Sea, which is believed to hold very large
deposits of oil and natural gas.
The failure of the ASEAN Foreign
Ministers to issue a final communique in Phnom Penh - the first time in 45
years - was widely seen as a reflection of Beijing's influence on some ASEAN
members, such as Cambodia.
Thus, the latest positive
development in the Thai-Cambodian conflict could be a sign that the ASEAN
spirit - many wondered whether it had vanished in Phnom Penh - should not be
too hastily discounted.
Dispute Settlement
Credit must be given to ASEAN for
being persistent in enforcing the existing dispute settlement mechanisms to
resolve the long-running dispute.
But ASEAN's task is far from over
- especially at this initial stage of the troop withdrawal. One question needs
to be asked: Will ASEAN be able to sustain its mediating role and will its
dispute settlement mechanisms be effectively utilised this time?
ASEAN has long been criticised
for its inability to force its members to make use of the available regional
dispute settlement mechanism to deal with bilateral conflicts, not only to find
a peaceful solution to such conflicts, but also to reaffirm the members'
respect for the organisation to which they belong.
There are at least four documents
which indicate clearly how conflicts, among member countries, and between them
and non-ASEAN states, can be tackled. These are the Bangkok Declaration, the
Treaty of Amity and Cooperation, the ASEAN Charter and the ASEAN Political
Community Blueprint.
These documents spell out clearly
that any parties to the dispute are able to request the ASEAN Chairman or its
Secretary-General to provide good offices, conciliation or mediation. At the
same time, however, they are not forced to involve ASEAN in the disputes either.
For example, in 1977, Philippine
President Ferdinand Marcos, in staking his country's claim to Borneo, said:
"As a contribution to the future of ASEAN, I wish to announce that the
Philippines is taking definite steps to eliminate one of the burdens of ASEAN -
the Philippines' claim to Sabah."
But, in reality, it was obvious
that he or his successors never took those definite steps. He only cited
ASEAN's value in minimising disputes his country had with other ASEAN members.
Seeking Lasting Solution
But ASEAN is not without
experience when it comes to involving itself in regional disputes. Past
instances included ASEAN's opposition to Vietnamese incursion into Cambodia at
the end of 1978 and the occupation of that country for most of the 1980s; and ASEAN's
leadership in the political settlement of the Cambodian conflict as well as
ASEAN's dispute settlement mechanism operation in AFTA (ASEAN Free Trade
Agreement)-related disputes between Malaysia and Thailand, and between the
Philippines and Singapore.
It is extremely important for
ASEAN to champion its own dispute settlement mechanisms. This is not just
because it will contribute towards building a solid ASEAN Political Community,
which is expected to be established by 2015, but also because a peaceful region
is imperative in ensuring ASEAN's long-lasting prosperity in an era of fierce
global economic competition.
In the Thai-Cambodian case, this
will be a great opportunity for the two governments to "talk to each
other" and settle their differences. Both must seek a long term-solution,
including how to actively involve ASEAN should a conflict arise in the future.
As for the South China Sea
dispute, it is now time for all parties to manage their rival claims in a more
systematic way. And ASEAN, with its available multilateral platforms, is well
placed to offer them a channel to do so.
Pavin Chachavalpongpun
Pavin Chachavalpongpun is Associate Professor at Kyoto University's
Centre for Southeast Asian Studies.
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