Bangkok: The Senate's MOU Study Committee has formally requested an extension of its working hours, raising alarms that MOU 43 could potentially breach the Constitution and national laws. Despite finding no concrete evidence of such violations, the committee has sought Cabinet approval for further investigation. Senator Decha highlighted the problematic wording of MOU 43, which pertains to fostering good relations between Thailand and Cambodia, noting that the current state of relations does not reflect this intention, suggesting the MOU should be reconsidered.
According to Thai News Agency, the Senate meeting, presided over by Senate President Mongkol Surasajja, reviewed a progress report on the pros and cons of annulling the 2000 and 2001 MOUs aimed at resolving Thai-Cambodian border disputes. This examination was conducted by the Special Committee on the Study of the Pros and Cons of Cancelling the 2000 and 2001 MOUs, under the leadership of Senator Noppadon Inna.
Mr. Kamnoon Sitthisaman, a former Senator and advisor to the committee, presented a preliminary study indicating that the 2000 MOU's origins could potentially violate the Constitution, Prime Minister's Office regulations, Cabinet resolutions, and minutes from the 2000 JBC Meeting No. 2A. This risk arises from the requirement that the MOU drafting process must be submitted to the Cabinet for approval, a step which was found to be bypassed, receiving only acknowledgment instead. This discrepancy, despite clear provisions in the relevant regulations, underscores the need for Cabinet intervention to either confirm, review, or dispute the committee's findings.
Mr. Kamnoon further elaborated that the Office of the Council of State currently acts as the scrutiny body. If the Cabinet considers this issue significant, it should seek preliminary answers by consulting the Council of State and examining all related documentation for completeness and accuracy. The Cabinet retains the authority to amend or make decisions based on these findings. The 2001 MOU, in contrast, was deemed relatively constitutional by the Committee.
Following the presentation of the preliminary report, the committee proposed a 90-day extension for the study period to the Senate, attributing the request to the complexity and potential security implications concerning the Thai-Cambodian border.
However, objections were raised by Senator Prinya Wongcherdkwan of the Senate Foreign Affairs Committee, who argued that the extension was redundant given the overlapping efforts by existing committees, such as the Foreign Affairs Committee, and parallel discussions in the House of Representatives.
On the other hand, Lt. Cmdr. Wuttipong Phongsuwan supported the extension, emphasizing the necessity for the committee to propose solutions specific to the Thai-Cambodian border issues, notably the overlapping maritime border near Koh Kood.
Senator Decha Nutalai expressed ambivalence towards the extension but noted that the 2000 MOU's assertion of a friendly relationship between the two nations no longer holds true, legally justifying its potential dismissal.
In conclusion, a vote will be conducted to resolve the matter. General Kriangkrai Srirak, First Vice President of the Senate, announced that the meeting's resolution supports the extension. Meanwhile, Prime Minister Anutin Charnvirakul has preliminarily agreed to assess Cambodia's stance, highlighting the sensitivity surrounding the enforcement of the 2000 and 2001 MOUs amid fears of territorial loss. Consequently, the committee's extension has received approval.