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Kasit: Banning Thai workers must be lawful

Foreign Minister Kasit Piromya insisted on Thursday that everything must be in line with the law after the Cambodian government prohibited Thai nationals from working at Cambodian Air Traffic Services (CATS), which is operated by Thailand's Samart Corporation.

The Cambodian government ordered the air traffic control company to ban Thai workers from performing their duties and replace them with Cambodian workers. All the company's tools and equipment were also seized.

The orders must be in accordance with Cambodia's investment and internal regulations, Mr Kasit said.

"As for Thailand, we'll have to wait for reports from the Thai Embassy to Phnom Pehn. We hope that we'll receive factual information from Cambodia and [Smart] company," he said. "If the orders do not follow the bilateral agreement of the two countries, we'll have to find other ways to continue."

The Foreign Ministry had sent Consular Affairs Department deputy director-general to meet with the mother of Thai engineer Siwarak Chothipong, who was arrested by the Cambodian government last week on spy charges.

Mr Kasit said Prime Minister Abhisit Vejjajiva had promised Mr Siwarak's mother that he will visit her detained son.

He said the government had to wait for Cambodia's confirmation on the time of the meeting with the engineer, but the ministry had also hired a lawyer to discuss this problem with the company.

"There are no problems in the Thai-Cambodian relations," he added.

SAMART Operates Businesses in Cambodia As Usual after Cambodian Govt Takes Temporary Control

A Thailand-based telecommunications firm, Samart Corporation, confirms its air traffic services business in Cambodia is operating as usual after the Cambodian government takes temporary control of the business.

It expects the problem of the company's arrested engineer will come to an end soon.

Managing Director of Samart Corporation Watchai Vilailuck revealed that Cambodia has decided to take temporary control of the company's subsidiary, Cambodia Air Traffic Services or CATS, after one of the firm's engineers, Siwarak Chutiphong, was arrested by Cambodian authorities on charges of spying.

Watchai said the company was gathering facts, and it has coordinated with the Thai government in contacting Cambodia to ease the situation concerning the legal charges against Siwarak as the matter is related to the national security.

Currently, CATS' operation is still running, but Thai employees are not allowed to perform their duties.

He supposed that cooperation from related parties will help the company from possible impacts to the business operation, and insisted the company had no involvement in the case.

ASEAN and the Cambodia-Thailand row

The row between Cambodia and Thailand has been worsening recently. The decision of the Cambodia government to appoint former Thai leader Thaksin Shinawatra as its personal and economic advisor appears to be a clear case of interfering in Thai internal affairs.

The situation between the two countries is rather sensitive. Besides this row, the border dispute between the two countries is still fragile, while the long dispute over Preah Vihear Temple is still in limbo.

ASEAN has, for some time, been paying closer attention to the relationship between these countries. The recent call from ASEAN to both countries to end the row over the appointment of Thaksin has been met with reluctance from both countries. Given the scope of the dispute, this row is a test case for ASEAN.

ASEAN was set up to handle tension, disputes and conflicts in the region. Any conflict that emerges between or among members is solved by way of musyawarah mufakat, or negotiation and mutually agreed settlements, the terms recognized by all ASEAN leaders.

This step involves respecting the integrity and independence of each member country and strongly upholding the principle of non interference.

Over time, the way disputes have been resolved has gradually improved. This improvement, however, still reflects the spirit of musyawarah mufakat.

The present row is not only sensitive, but also somewhat political. The situation is heavily colored and is also exacerbated by other disputes, in particular the ongoing border dispute.

Since the row is political, it is therefore necessary to see whether the dispute settlement mecha-nism available under ASEAN is appropriate.

The use of legal mechanism, through negotiation or diplomacy, is therefore the best possible solution.

The regional conflicts taking place in most parts of the world have been successfully resolved by negotiation between concerned parties. The Latin American crisis in 2008 is an important example of the successful settlement of regional disputes.

The dispute between Columbia and Ecuador was negotiated in a summit hosted by the Dominican Republic.

What ASEAN could do to resolve the current dispute could be to not only call on the parties to end the conflict, but provide a concrete resolution, such as providing support or facilitating a meeting or summit between the two parties.

ASEAN's efforts, of course, will not succeed without the good faith of the parties and their genuine intention to end the crisis. Thailand on the other should refrain from using force or the threat of using force. On the other hand, Cambodia should take into account the sensitivity of the "Thaksin Shinawatra" issue in the eyes of the Thai people.

The writer is the lecturer in international law at the University of Padjadjaran's School of Law in Bandung.A

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