Thaksin and Hun Sen signed joint communique approving MoU 44 in 2001

Then prime ministers Thaksin Shinawatra and Hun Sen signed a joint communique on June 18, 2001, approving the controversial MoU 44, concerning overlapping areas of claim in the Gulf of Thailand, when Thaksin was on an official visit to Cambodia on June 18-19, said Panthep Puapongpan, dean of the College of Oriental Medicine of Rangsit University.

He claims that the signing of that communique turned MoU 44, which was signed by then Thai foreign minister Surakiart Sathirathai and his Cambodian counterpart Sok An, into a treaty.

He went on to say, however, that the treaty is not legally binding because it was not ratified by the Thai parliament and did not take account of a Royal Command by the late King Bhumibol, which specified that negotiations between Thailand and Cambodia over overlapping areas of claim must comply with the International Law of the Sea.

Panthep said that the current government of Prime Minister Paetongtarn Shinawatra has claimed that the MoU 44 is legally binding and cannot be cancelled unilaterally, but has never mentioned the Royal Command.

A copy of the joint communique was posted on social media by Panthep today, after he received a copy from ML Walwipa Charoonroj.

Item 14 in the communique states that, “The two sides reaffirmed their determination to settle, as soon as possible, the land border demarcation in the spirit of friendship, mutual understanding and the principles of equality and good neighbourliness, so as to build a borderline of lasting peace, stability and friendship between them.”

Panthep said that he and Sonthi Limthongkul, of Manager Group media, will submit a letter to the prime minister on December 2 demanding a clarification of MoU 44.