BANGKOK — Political conflicts among Thai rivals have led to the Koh Kood issue being raised to attack the government and the Pheu Thai Party leadership again, particularly regarding the 2001 MOU (known as MOU 44) during Thaksin Shinawatra’s government, with claims that Thailand might lose Koh Kood in Trat province to Cambodia.
On November 4, Prime Minister Paetongtarn Shinawatra met with coalition party leaders to discuss details before holding a press conference emphasizing that MOU 44 has nothing to do with Koh Kood, and the government would never agree to lose any territory.
Regarding calls for Thailand to cancel MOU 44, she explained that this cannot be done unilaterally and requires agreement from both countries – unilateral cancellation could result in legal action.
“Today, the government wants to confirm that Koh Kood belongs to Thailand, has been for a long time, and Cambodia acknowledges this as well, according to the French treaty. We’ve never had any issues with Cambodia regarding Koh Kood, there’s never been any doubt. The misunderstanding seems to exist only within Thailand,” she stated.
The Palang Pracharath Party, after being excluded from the coalition, now opposes MOU 44 (signed June 4, 2001, after 44 days of negotiations), echoing anti-Thaksin groups who claim the longstanding ties between the Shinawatra and Hun families could compromise national interests.
The Palang Pracharath Party also accused Thaksin’s government of failing to protect Thailand’s international legal rights, claiming it was the first to accept Cambodia’s line overlapping Thai territory, creating a massive overlapping area of 26,000 square kilometers, which previously had no legal recognition.
MOU44: Agreement to Negotiate
PM Paetongtarn clarified that this is a misunderstanding – the Thai government hasn’t accepted any boundary lines. The MOU has nothing to do with Koh Kood; it merely acknowledges that Thailand and Cambodia have different views and need to work together to resolve the issue. This stems from Cambodia drawing their boundary in 1972, followed by Thailand drawing theirs in 1973. The MOU is essentially an agreement to negotiate.
Currently, Cambodia has their committee in place, while Thailand needs to establish a new committee following the government change. Looking back to Prayut Chan-o-cha’s government, such a committee also existed. The new committee is being formed and will involve various ministries including Defense, Foreign Affairs, and Energy working together.
When asked about whether MOU 44 was cancelled during Abhisit Vejjajiva’s government (2008-2011), Paetongtarn stated this wasn’t true, as MOUs cannot be cancelled unilaterally without bilateral agreement and parliamentary approval. This wasn’t brought to parliament in 2009, and General Prayut confirmed this in 2014.
“If we cancel unilaterally, Cambodia will definitely sue us, which serves no purpose. I think if everyone understands the principles, this shouldn’t escalate. These are facts that must be followed this way. There are no behind-the-scenes talks because this is already within an established legal framework,” the Prime Minister concluded.
Meanwhile, Thailand’s Foreign Ministry briefed media on plans to revive negotiations with Cambodia over disputed waters in the Gulf of Thailand. It stated that the Overlapping Claims Area (OCA), spanning 26,000 square kilometers of continental shelf, has been largely untouched since 2002 when talks between both nations stalled. A 2001 agreement requires both countries to handle maritime boundaries and joint development together.
Director-General Suphanvasa Chotikajan Tang of the Treaties and Legal Affairs Department said Thailand is now proposing new members for the Joint Technical Committee to the Cabinet, signaling fresh momentum in the negotiations.
Any resolution must meet three requirements: public acceptance in both countries, parliamentary approval, and compliance with international law, particularly the UN Convention on the Law of the Sea.
Pheu Thai VS Palang Pracharath
The conflict between the Pheu Thai Party and Palang Pracharath Party became evident since the first government formation on August 22, 2023, when General Prawit Wongsuwon, leader of Palang Pracharath Party, did not vote to approve Srettha Thavisin as Prime Minister during the parliamentary session, along with senators who supported General Prawit.
Later, members of Palang Pracharath Party filed a petition that led to the Constitutional Court’s decision to remove Srettha from the Prime Minister position due to controversial ministerial appointments. When it came time to approve Paetongtarn as the new Prime Minister on August 5, 2024, General Prawit again did not attend the meeting and was displeased with reporters who questioned him about this.
Meanwhile, Thammanat Prompao’s political group withdrew from Palang Pracharath Party to cooperate with Pheu Thai Party, leading to the Pheu Thai-led government excluding Palang Pracharath from the coalition.
In September, an audio clip was released on a television news program featuring a conversation with someone who claimed to have worked with a Prime Minister for a long time and wanted a chance from the public to become “number one.”
Additionally, in the iCon Group fraud case, there was an audio clip of a person identified as “S” soliciting benefits on behalf of an “deity,” which led to Samart Jenchaijitwanich’s resignation from Palang Pracharath Party on October 25. Subsequently, the new spokesperson for Palang Pracharath Party made accusations that it was actually Pheu Thai Party who was involved with iCon Group personnel. Pheu Thai Party denied these allegations and announced they might take legal action against those making false accusations.
Subsequently, issues arose concerning Koh Kood island and MOU44. Thirachai Phuvanatnaranubala, Academic Chairman of the Palang Pracharath Party, stated in a press conference on October 30 that General Prawit had told him that during his time as Deputy Prime Minister and Chairman of the Thai Technical Committee in negotiations with Cambodia, Cambodia mentioned Koh Kood in every meeting.
“As a result, General Prawit ordered the postponement of negotiations, which led to unsuccessful outcomes. However, it was clear that Koh Kood was definitely on Cambodia’s agenda,” said Thirachai.
______
