Preah Vihear resolution overturned

The Administrative Court has ruled against a cabinet resolution approving a Thai-Cambodian memorandum of understanding on the listing of Preah Vihear temple as a World Heritage site.

The court yesterday quashed the June 17, 2008, resolution on the grounds that the government of the day, led by Prime Minister Samak Sundaravej, had failed to follow procedures required by Section 190 of the constitution.

The section requires all agreements involving issues of sovereignty to be approved by parliament.

The memorandum was not scrutinised by parliament before it was signed by then foreign affairs minister Noppadon Pattama on May 22, 2008.

Thailand pledged in the memo to support Cambodia in nominating the Preah Vihear temple to the United Nations Educational, Scientific and Cultural Organisation (Unesco) as a World Heritage site.

Attached to the document was a map of the overlapping border area surrounding the temple.

The case was filed by the People's Alliance for Democracy which campaigned against the listing of the Khmer ruins.

PAD lawyer Nitithon Lamlua yesterday said the group would submit the ruling to the National Anti-Corruption Commission which is investigating Mr Noppadon for alleged malfeasance in his handling of the matter.

He said Mr Noppadon had 30 days to appeal against the ruling.

PAD secretary-general Suriyasai Katasila hailed the verdict as a New Year's gift for all Thais.

The government should tell Unesco that Thailand no longer supports Cambodia's bid to list the temple, he said.

"The government must inform Unesco of the court's ruling as quickly as possible to put a halt to any activities which could affect Thai interests," he said.