The UNCLOS Conciliation Commission has encouraged Cambodia and Thailand to restore high-level diplomatic representation in each other’s capital cities, preserve the status quo in the maritime areas and display restraint when issuing public statements.
The measures were included in a set of “Confidence-Building Measures” released on October 19, following an October 14-18 meeting of the five-member commission. The meeting was the second of the current conciliation process, being conducted under the UN Convention on the Law of the Sea (UNCLOS).
According to the agreement, both sides agree to “strengthen trust and confidence between them, to preserve a positive environment in which negotiations can advance and to create space for further collaborative engagement”.
“Both parties commit to engage constructively in the conciliation process and, with the assistance of the commission, agree on a permanent maritime boundary between them, in accordance with Articles 15, 74 and 83 of UNCLOS, with a view to concluding a bilateral maritime boundary treaty,” it said.
Both sides “will approach public statements on the maritime boundary and on their relationship with one another with a view to creating space for constructive engagement, rather than to generate pressure on the other party or foreclose options,” it added.
It also called for Cambodia and Thailand to commit to ensuring that public statements about the conciliation process are positive and constructive.
They were urged to guard against misinformation and disinformation that could undermine the conciliation process, including in public communications, whether via official or personal platforms. It accepted, however, that both parties have a right to protect their legitimate rights or correct factual misinformation and disinformation.
“In order to foster an atmosphere conducive to reaching an agreement, both parties will undertake to exercise restraint in public communications and statements that could contribute to negative public sentiment or heighten tension between the peoples of the two countries,” it said.
They were also encouraged to undertake to preserve the status quo in the maritime areas that are the subject of these proceedings and refrain from any actions that could materially alter it or escalate tensions. The measures specifically called for the commanders of the navies of both nations to maintain communication channels, so that potentially provocative maritime incidents can be managed, and misunderstandings avoided.
The commission’s chair noted that neither party has yet to fully implement previously agreed on understandings and measures, but reported encouraging signs.
“I am greatly encouraged by what the parties have accomplished in just two meetings. Our discussions on the maritime boundary have made meaningful progress and have deepened the commission’s understanding of the issues, as well as helped identify the next steps in the process,” said commission chair Katrina Cooper, in a separate statement, issued on the same day.
“I particularly welcome the confidence-building measures, which I consider to be a significant milestone. It is the first concrete outcome of this conciliation since the commission was established. This achievement reflects the flexibility shown on both sides and the confidence the Parties have placed in the process,” she added.
The foreign ministers of Cambodia and Thailand expressed their commitment to the confidence-building measures and to playing a full part in proceedings.
“Cambodia looks forward to continuing this work at the next meeting,” said Prak Sokhonn, Cambodian Minister of Foreign Affairs and International Cooperation.
“Thailand reaffirms its commitment to cooperate fully and in good faith with the Commission towards a lasting solution on maritime delimitation in accordance with international law. Moving forward, we hope that both sides will also advance the confidence-building measures in earnest,” said Sihasak Phuangketkeow, Minister of Foreign Affairs of Thailand.
The third meeting is scheduled for the fourth week of November and will take place in Kuala Lumpur, Malaysia.
Kin Phea, director of the International Relations Institute at Royal Academy of Cambodia, saw the new measures as a sign of positive progress in the conciliation process.
“Building confidence in one another is pivotal. Previously, we saw the Thai side issuing veiled threats, along with disinformation. This made the situation complex, and made finding a solution much more challenging,” he said.
He noted that Thailand often linked land boundary disputes with the maritime issue, despite both countries employing different legal instruments to deal with the two separate boundary conflicts.
Phea believed the re-establishment of representative offices in the other party’s capital could reduce tensions. He noted that current diplomatic relations were almost entirely cut off, with the two sides maintaining only a second secretary level diplomatic presence.
“At present, both countries are using the media to respond to each other,” he warned.
“This means that Thailand can spread misinformation through the media, but then plausibly deny officially issuing the information, and claim it as the fault of a news outlet,” he warned.
He remained confident that the conciliation process would deliver a treaty that would benefit both signatories, as well as the regions.