Reality on Unsettled Border Areas between Laos and Cambodia

Vientiane Times is publishing the contents of a book about the Laos-Cambodia borderline situation. The book is being published section by section in issues running from April 10 to April 13. The book has been researched, compiled, edited and published by the National Social Science Institute. It comprises a general introduction and three parts

• Preamble Laos and Cambodia are neighbouring countries with a long tradition of solidarity, mutual assistance and friendly relations since ancient times. The two nations have their own unique spoken languages, written alphabets, customs and traditions, and ancient history and culture. In the past, the people of Laos and Cambodia on both sides enjoyed free movement and trade with one another across natural borders. Throughout centuries, Lao and Khmer ancestors had close bonds and ties with family linkages as recorded in history since the reign of King Fa Ngum. Significantly, Chao Fa Ngum, Great King of the Lao people, with his bravery and wisdom mobilized the Lao people and built a strong army, and united all townships of Laos into a renowned, powerful and formidable Lanexang Kingdom, which Part was well recognised and respected by other kingdoms throughout the region. Although both countries had enjoyed historical civilization, they have never conducted border delineation together. The two nations have always recognised the ways of life of the Lao people, Cambodian people in both countries in accordance with the effective control Reality on Unsettled Border Areas between Laos and Cambodia throughout various periods and eras until the French took over Cambodia, Laos and Vietnam under its colonisation. Since the dawn of the 21st century, both Laos and Cambodia have focused on their respective national development. However, a series of unexpected incidents occurred, affecting the good relations between the two countries, e.g. when Cambodia started road construction and conducting other activities in the border area which both sides have regarded as an unsettled border area where border demarcation has yet to be conducted. Both countries had previously agreed not to conduct any activities in this area until the completion of survey and demarcation. As the situation has d r a s t i c a l l y c h a n g e d , unfavourably affecting the bilateral relations, the National Academy of Social Sciences established a team of experts to conduct a research and analysis on causes as well as historical facts of boundary delineation between Laos and Cambodia, and to suggest possible solutions so as to help Lao people and the international community have correct understanding about the reality of the issue and its causes, with a view to making the border between Laos and Cambodia a border of peace, friendship and cooperation. Therefore, the National Academy of Social Sciences has presented this factual account on unsettled border areas between Laos and Cambodia aimed at enabling the Lao multiethnic people and the Cambodian people, as well as the wider international community to understand the reality. 
• Part I Historical Background of the Relations between Laos and Cambodia 
• 1. Laos-Cambodia Relations within the French Indochina Federation Laos, Cambodia and Vietnam all fell under the French domination and colonial rule within proximate periods of time based on the French colonial expansion policy as circumstances permitted. France seized the southern part of Vietnam in late 1850s and expanded its influence to the central and northern parts of Vietnam in the 1860s. France occupied the entire Vietnam in 1883 and thereafter divided it into 3 regions, namely, Annam as a French Protectorate with the King as its head, and Tonkin and Cochin China under direct French administration. In 1883, France entered Cambodia, and later declared it a French Protectorate and formed French-Indochina Federation in 1887. Laos was occupied in 1893 and then divided into Luang Prabang French Protectorate and central and southern regions under direct French administration, and later Laos was absorbed into French Indochina. All three countries fell under the same fate as part of the French Indochina Federation. Since then, they were deprived of their rights to be the masters of their respective countries. France appointed the Governor-General based in Hanoi to govern all of its regions of Laos, Vietnam and Cambodia, while High Commissioners were appointed with full powers to govern and administer both the Protectorates and colonial regions. The natural boundaries of all three countries were also integrated into the boundary of the French Indochina Federation. Thereafter, F r a n c e i m m e d i a t e l y delimited the border lines between Indochina and China, Myanmar and Siam (Thailand) in order to legitimise their domination and administration as colonial ruler of Indochina. It was known that France divided Laos into two administrative regions - upper and lower Laos. The lower Laos shared its borders with Cambodia, and had total land area of 108,200 Km2, which was divided into administrative z o n e s g o v e r n e d b y Commissioners, namely, Stung Treng, Khong, Attapeu, Ban Muang, Salavan, Savannakhet and Pak Hinboun. Specifically in Stung Treng in 1901, the French authority conducted a census with the result showing that there were 60,000 Lao people, 140 Chinese and Vietnamese, and 9 Europeans. 
• 2. Laos-Cambodia Relations From the Struggle for Independence to the Present Time In 1951, Laos, Vietnam and Cambodia established an Alliance Front of the Peoples of the Three Countries to wage a common struggle to liberate from the French colonial rule for their national independence. Later, Samdech Norodom S i h a n o u k , w h o w a s pursuing a neutrality policy of Cambodia, contributed to the convening of the Geneva Conference on the Neutrality of Laos in 1962. After Samdech Norodom Sihanouk was ousted in 1970 by the coup d’état led by General Lon Nol, he was granted political asylum in the People’s Republic of China and later received support from friendly countries. He then participated in the Conferences of National Solidarity Fronts between t h e t h r e e c o u n t r i e s , comprising four parties, namely, Lao Patriotic Front, National Unification Front of the Democratic Republic of Vietnam, the interim Government of Southern Vietnam and National Solidarity Front of Cambodia led by Samdech Norodom Sihanouk, which were held at the end of 1970 and in 1974 in Guangzhou, People’s Republic of China. With support and assistance from the Alliance Front of the Peoples of the Three Countries, Samdech Norodom Sihanouk received support from the Vietnam People’s Liberation Army to pass through the liberated zone in Southern Laos into Rattanakiri province to mobilize the Cambodian people to join the National Solidarity Front in the fight against the regime of General Lon Nol. The comradeship between Laos, Cambodia and Vietnam in the mid1970s had led to the victory for the peoples of the three nations in 1975. During the Khmer Rouge regime which carried out a genocide policy between 1976 and 1979, thousands of Cambodian people crossed the borders to take refuge in the territory of the Lao PDR. Among those Cambodians were members of the Cambodian armed forces, civil servants of local administration and farmers, who voluntarily took up jobs as provided by the Lao authorities, such as joining the Lao armed forces, the administration, engaging in trade, cultivation, livestock and other regular jobs. After the Kampuchean United Front for National Salvation was established, a number of those taking refuge in the Lao PDR volunteered to join the Front in the fight against the Khmer Rouge, and thereby contributed to the liberation from the Khmer Rouge regime on 7 January 1979. Afterward, the relations and cooperation between Laos and Cambodia have been continuously improved and developed, both during the period when Cambodia proclaimed the People’s Republic of Kampuchea after the overthrow of the genocidal regime and the settlement of the Cambodian conflict by the relevant parties which resulted in the signing of the Paris Peace Accords in 1991, followed by the General Election in 1993. The Lao PDR continued its consistent support to and recognized the changes inside Cambodia. Both countries have had regular exchange of highlevel visits such as at the levels of Heads of State, Prime Ministers, Presidents of National Assemblies as well as ministerial and sectorial delegations, among others to enhance and deepen mutual understanding, trust and confidence. As former colonies of France, Laos and Cambodia have inherited historical boundary lines, and therefore, the leaders of Laos and Cambodia of the present times recognized the necessity of joint border demarcation to be conducted correctly and in consistence with the reality in the interests of the two nations with the aim of enhancing peace, stability and bilateral cooperation as well as development cooperation in the region. 
• Part II Agreement on Border Survey and Demarcation between the Two Countries After Cambodia was reconciled under the new Constitution with Samdech Norodom Sihanouk as Head of State, the bilateral relations between the Lao People’s Democratic Republic and the Kingdom of Cambodia entered a new era, especially in 1995 when the two countries agreed to exchange visits by two Heads of State such as the visit to the Kingdom of Cambodia by President Nouhak Phoumsavanh of the Lao People’s Democratic Republic and the visit to the Lao People’s Democratic Republic by King Samdech Norodom Sihanouk of the Kingdom of Cambodia, which took place in June and November respectively. During these visits, the Lao PDR and Kingdom of Cambodia signed the Treaty of Friendship and Mutual Assistance to strengthen and expand bilateral relations with a view to ensuring mutual interests. Moreover, both sides also agreed to establish a Committee on Cultural, Technical and Economic Cooperation for mutual benefits under cochairmanship of the two Ministers of Foreign Affairs and a Joint Border Commission in order to embark on joint survey and demarcation of the boundary. To be a basis for the implementation of the boundary work particularly the survey and demarcation, on 22 November 1995 the delegation of the governments of the two countries discussed and adopted four principles during the First Meeting of the Laos-Cambodia, Cambodia-Laos Joint Border Commissions in Vientiane chaired by Deputy Ministers of Foreign Affairs of the two countries, who signed the Procès-Verbal of the Meeting. The history researchers of the National Academy of Social Sciences, in addition to using the collected information as reference, also met with many officials of the Laos-Cambodia Boundary Commission to learn about the cooperation between the two countries in the implementation of the agreement. The researchers recognized the importance given to the four principles agreed by the two countries which are as follow: 1) On the basis of recognizing connected borders and territories inherited from the colonial era in accordance with 1/100,000 scale maps and other relevant maps published by the Service Géographique de l’Indochine between the years 1933-1953. 2) On the basis of the universally recognised principles on border delineation. 3) On the basis of effective control by the people inherited through generations. 4) On the basis of equality, fairness, reasonability, flexibility, respect for rights and interests of each other and full consensus. In order to conduct joint survey and work together on demarcation of the borders on the ground, at the Second Meeting of the Laos-Cambodia; Cambodia-Laos Joint Border Commissions held in Phnom Penh on 2-6 June 1997, both sides established a Laos-Cambodia; Cambodia-Laos Joint Boundary Technical Sub-Commission and adopted the Terms of References of the Sub-Commission. On this occasion, the Lao and Cambodian delegations expressed their intention that upon completion of the survey and demarcation of the land and river boundaries the two countries would take steps toward the conclusion of a Bilateral Treaty on Joint Boundary Delimitation. The most interesting thing is the basis for the on-site work and survey of the Joint Boundary Technical SubCommission, which was agreed at the Third Meeting of the Joint Boundary Commissions in Vientiane on 12-16 January 1998, where both sides adopted 11 1/100,000 scale maps and 19 1/50,000 UTM scale maps published by the US Map Service. Both sides transposed the border lines from the 1/100,000 scale maps and other relevant maps into a 1/50,000 UTM scale map in order to compare boundary delineation. This way of working together is based on the adopted Four Principles.
• In accordance with international practice, Laos and Cambodia rotate in hosting the meetings of the Joint Border Commissions Laos-Cambodia; Cambodia Laos. At the Fourth Meeting of the Joint Border Commissions held in Phnom Penh on 17-22 May 1999, both sides compared boundary delineations drawn by each side, which are mostly similar, except the areas of Tamakoy-Huai (stream) Ta Ngao and some others, because each side drew different boundary lines, whereas the boundary lines drawn by the Lao side are based on the maps published during 1933-1953 in accordance with the Four Principles. Nevertheless, both sides agreed to conduct joint onsite survey. Before conducting on-site survey, the Joint Boundary Technical Sub-Commission of both sides drafted technical guidelines, which were submitted to the LaosCambodia, Cambodia-Laos Joint Border Commissions for consideration and adoption to serve as the specific basis for the joint survey and demarcation work later on. 1. The Status of the Boundary Survey and Demarcation between the Two Countries The Lao People’s Democratic Republic and the Kingdom of Cambodia share borders of around 535 kilometres with Champasack and Attapeu Provinces are on the Lao side and Prea Vihear, Stung Treng and Rattanakiri Provinces on the Cambodian side. After discussions and adoption of the Four Principles as well as the establishment of necessary mechanisms for the implementation of joint activities, the Lao People’s Democratic Republic and the Kingdom of Cambodia have started joint on-site boundary surveys since the year 2000. In the course of the border survey, in the areas where both sides reached agreement, border pillars were implanted together, starting with temporary border pillars which were later elevated by the two sides to permanent border pillars in 2009. In conducting on-site border survey and demarcation since 2000 onwards, both sides have obtained the following achievements: - Completion of the on-site survey of boundary lines of 465 km, equivalent to 87 percent of the total common boundary of about 535 km; - Completion of implantation of 126 border pillars, 116 of which are single pillars and 10 are twin pillars. The two sides endorsed 121 out of 126 border pillars as stipulated in the Agreement on Boundary Delimitation between the Government of the Lao People’s Democratic Republic and the Government of the Kingdom of Cambodia of 25 November 2009. 2. Unsettled border areas between the Lao People’s Democratic Republic and the Kingdom of Cambodia Despite the progress of the joint boundary survey and demarcation made by both sides throughout the implementation of the joint mission, the Lao PDR and the Kingdom of Cambodia still have some unsettled border areas. 
• Initially, there were 9 unsettled border areas. Through negotiations, both sides have achieved consensus in principle to resolve 7 unsettled border areas as follows:
•  1) The border pillar No. 002-003 (Upper Selamphao river) and 005-023 (Selamphao area). The area between border pillar No. 002 – 003 The border line from border pillar No. 002 to no. 003, at Selamphao/Tonle Repou, is located between the UTM Coordinates of 522E and 523E, starting from point A (border pillar no. 002) to point B (border pillar no. 003) where the border line joins with Selamphao/ Tonle Repou , as indicated with the red line on document No. II. The area between border pillar No. 005-023 (Selamphao area) Both sides have reached agreement on delineation to be conducted with the Decree of the Governor General of Indochina, 23 March 1905 and the KAMPONG SRALAO Est 1/100,000 scale map as agreed upon by the two sides which determine that Selamphao River belongs to Laos. The Cambodian side also proposed to the Lao side to consider allowing Cambodian people to use water of Selamphao River (ទន្លេរពៅ  which is situated in the Lao territory. The Lao side considered with the spirit of amicability so that the Cambodian people living in the area could use the water from Selamphao River. 
• 2) The twin border pillars No. 029 and 030. Border pillars 029 and 030 have been agreed upon by both countries and presently have been demarcated successfully. There still needs to be some corrections made to the distance of the border pillars to the actual border line due to some mistakes made in calculation. 
• 3) The border pillars No. 031-031/A (Veunkham). The border line between border pillars 031/1 and 031 around the area of Veunkham-O’ Savai is a straight line that starts from border pillar 031/1 to 031/A and from this point the border line extends straight forward to border pillar 031 which is along the bank of the Mekong River. The border line also runs through a big fig tree (Kok Deua, in Lao) or Lvea (Cambodian name) which is mentioned in Annex II. 
• 4) The border pillars No. 032-032/6 (the route to Veunkham). The Deputy Prime Ministers of the Lao PDR and Cambodia reached agreement during their meeting on 3 February 2012, and determined that the border line in this area is a straight line that starts from border pillar 032 to 032/6. On the basis of the agreement by the leaders, the Joint Border Technical Team started joint on-site survey as well as successfully installed 5 border pillars (border pillar 032/1 to 032/5). 
• 5) The border pillars No. 033-033/3 (Dongkalor road, No. 13/7). Both sides reached agreement and determined that the border line in the segment of about 7.85 km of Dongkalor road which runs in parallel with Laos’ Road No. 13 and Cambodia’s Road No. 7 is 11.50 meters away from the axis of the above-mentioned roads. The border line starts from border pillar 033 to 033/3 which is mentioned in Annex I.
•  6) The area of Na Champa Village. Both sides agreed to cooperate to solve the issue of ownership of Na Champa Village according to the 1/100,000 S.G.I scale map as reference. 
• 7) Huai (stream) Sot - Huai Kalian area. Both sides agreed to cooperate to solve the issue pertaining to the borderline along the area of Huai Kalian/O Kalian recognizing that it belongs to Cambodia according to the 1/100,000 S.G.I scale map as reference. The history researchers on the Laos-Cambodia bilateral relations, both Laos and Cambodia have made great efforts to address the border issue and made significant progress. However, there are unsettled border areas which both sides should continue to solve together, such as the areas of Sekong River and Tamakoy-Huai Ta Ngao. Both areas together represent 13 percent of the total common boundary, starting from border pillar No. 078 along Sekong river towards Tamakoy – Huai Ta Ngao area (border pillar No. 099), for which both sides have not been able to complete joint on-site survey. This is the area of the current tension. The history researchers organized an on-site visit, met with local people and learnt that: As for the area of Tamakoy – Huai Ta Ngao, the two sides have different positions regarding boundary delineation due to the use of different documents and maps. However, based on the actual facts during the French rule, on the left bank of Sekong River in the area of Huai Kuea, Huai Daklao, according to the local people, this area was the area where the Lao people from Hart Yai village (Hart Odomxay village) and Senekeo village practiced their livelihoods such as slash and burn cultivation, rice plantation, fishing, hunting and other farming activities. The remains of the deserted paddy fields and slash and burn patterns are still seen today. Huai Daklao was recognised as the limit between Laos and Cambodia in this area at that time. The word ‘Daklao’ is from Lavae ethnic language which means Nam Lao (Lao River), therefore, Huai Daklao means “Huai Nam Lao (Lao river stream)”. During the period of the Lao Kingdom, the rightist military forces patrolled the areas of Huai Kuea and Huai Daklao to protect the Lao territory in accordance with the order of the Kingdom Supreme Commander. The authority and local administration of the two countries Laos and Cambodia recognized this area as the limit of effective control by Laos and Cambodia. Moreover, in the area of Tamakoy-Huai Ta Ngao, there are also remains of crashed US airplanes and bomb craters. During the war time, the US Army’s airplanes bombed this area because they considered this area as under the sovereignty of Laos (the US Army would not bomb the territory of Cambodia because the US supported the government of General Lon Nol). Till today, the Lao people call the area where the US airplanes crashed “the mountain of crashed airplanes”. Another point worth mentioning is that during the Khmer Rouge’s regime and genocide in Cambodia, many Cambodian people took refuge in the area of Tamakoy-Huai Ta Ngao. The Khmer Rouge could not enter this area to suppress the Cambodian people who escaped from the Khmer Rouge and took shelter there because it was recognised as the territory of Laos.
• Another evidence confirming the effective control by the Lao people in this area, based on the interviews with the local elderly people, is that there are two Ta Ngao villages, namely, the lower Ta Ngao and the upper Ta Ngao village. The lower Ta Ngao village is located on the right bank of Sekong River (based on the direction of water flow). The majority of villagers are Lao ethnic group who had settled there since the French occupation. The upper Ta Ngao village is located on the left bank of Sekong River. It is a small village with inhabitants of about 10 households. The people living in the upper Ta Ngao are Lavae and Sou ethnic groups, who are always moving from one place to another. Since 1968, the people of this village moved out to settle in Hatsaysoung village due to acute spread of diarrhoea. Today, the living evidence of livelihoods of Lao people in this area remains obvious, such as mango trees, jack fruit trees, patterns of slash-and-burn agricultural cultivation and deserted paddy fields, broken potteries as well as walking tracks to the river. In general, both lower and upper Ta Ngao villages have been under the control of Sanamsay district, Attapeu province during the periods of the French rule and the Lao Kingdom up to the present time of the Lao PDR. Today, the military forces of Cambodia have destroyed and removed the evidence of the settlement and livelihoods of the Lao people in the area, changing all natural environment.  In addition, former military officials and soldiers who performed their duty in this area told that since the establishment of the Lao People’s Democratic Republic in 1975, the area of Tamakoy-Huai Ta Ngao has been under the regular patrol and inspection of the Battalion 21 of Attapeu Province, with their camps set up in different sites as follows: - In 1992, the military camp was set up in the area of Huai Daklao on the left bank of Sekong River; - In 1993-1994, the military camp was moved from the area of Huai Daklao to the mouth of Huai Ta Ngao; - In 1996-1997, the military camp was moved from the area of the mouth of Huai Ta Ngao to the area of Huai Alai; Those activities by the Lao military forces of Attapeu Province have been acquiesced and never been opposed or confronted by the Cambodian side. In accordance with the Agreed Minutes of the meeting and negotiation between Sanamxay District, Attapeu Province and Siempang District, Stung Treng Province, dated 27 May 1990, the Administration of Siempang District proposed to be responsible for the area of Huai Kuea and agreed that the eastern area is under the control of the Lao side. The Administrations of the two Districts agreed to continue to implement the said Agreed Minutes to maintain the public order and security in the area connecting the two Districts. At the two subsequent meetings in 1995, the two Districts agreed to continue to maintain their respective responsibility in the divided areas for control.
• 3. Bilateral agreement on the unsettled border area of Tamakoy-Huai Ta Ngao The Lao local authorities have further informed that the two sides agreed to treat this area as a friendly unsettled border area, and to prohibit the conduct of any activities in this area and to maintain the status quo until the completion of boundary survey and demarcation. On the area where the two sides have yet to carry out the joint survey such as Tamakoy – Huai Ta Ngao, the Joint Boundary Commission of the two sides agreed to maintain the status quo in the area by prohibiting the authorities of both countries from conducting any activities that would cause changes to the environment of the boundary area. The governments of the two countries have informed their local people of the above-mentioned agreement, with which the local people have complied because it is the agreement of the two sides. In their subsequent meetings, the two sides reaffirmed this agreement, particularly with respect to the area of Tamakoy - Huai Ta Ngao, the two sides agreed on clearly defining prohibitions that “the two sides agreed to maintain the status quo in the area without any construction that would cause changes to the environment of the boundary area. At the same time, both sides encouraged Attapeu Province and Stung Treng Province to continue cooperation in jointly inspecting the area until the completion of boundary demarcation in the area by both sides”. In implementing this agreement of both sides, the Cambodian authorities, in practice, have recognized the area of Tamakoy - Huai Ta Ngao as an unsettled border area, where both sides have not yet reached agreement on boundary delimitation and two sides have consulted with each other before undertaking any activities. For example, Cambodia informed the Lao authority on the intention of the US Army to enter the area to search for the remains of the US soldiers Missing In Action during the Indochina war, upon receiving information on airplane crash in the area.
• Judging from the cooperation between the two sides on implementing the agreement, the researchers view that Laos has always respected, adhered to and strictly implemented the said agreement. For instance, the Cambodian side complained and requested the Lao side to remove livestock stables, stop animal husbandry and remove houses of the Lao people in the area of Huai Ta Ngao as mentioned in the letter of Samdech Hun Sen dated 24 January 2013 addressed to H.E. Choummaly Sayasone, the then President of the Lao PDR. In response, the Lao side showed its sincerity and good intention by removing livestock stables in the area and informed the Cambodian side in the letter of H.E. Thongloun Sisoulith, then Deputy Prime Minister and Minister of Foreign Affairs of the Lao PDR dated 20 July 2013 addressed to H.E. Hor Namhong, Deputy Prime Minister, Minister of Foreign Affairs and International Cooperation of Cambodia, that this move by the Lao side will not in any way affect the two sides’ positions on legal and historical grounds to be used in the future to resolve the unsettled border area of TamakoyHuai Ta Ngao. A matter of concern in the bilateral relations is that the Cambodian side has done the opposite to what was agreed with the Lao side that the area of Tamakoy-Huai Ta Ngao is an unsettled border area where the conduct of any activities is prohibited. However, the Cambodian side has neither respected nor implemented, but has even violated the agreement thereby causing tensions in the border area.
• 4. Border incidents, efforts to address through diplomatic means and bilateral coordination mechanisms: In accordance with information from concerned authorities, the tension in the area of Tamakoy-Huai Ta Ngao is caused by the road construction carried out by the Cambodian side in this border area where the two sides have not yet completed on-site survey and demarcation. Since the beginning of February 2017, the military engineers of the Ministry of National Defence of Cambodia have carried out road construction along the Sekong River advancing towards the area of Tamakoy-Huai Ta Ngao and deployed forces in different locations along the way. These actions are in violation of the bilateral agreement on prohibiting construction or conduct of any activities in the border area where the two sides have not yet completed the joint survey. Therefore, the Lao side has protested, through peaceful means, those activities of the Cambodian side by sending letters to the Cambodian side, at both local and central levels, requesting the Cambodian side to stop the road construction.  On 10 May 2017 at the sideline of the World Economic Forum in Phnom Pehn, in an effort to put an end to this violation, the Lao Prime Minister met and discussed the issue with the Cambodian Prime Minister who agreed to stop the road construction and to conduct on-site joint survey by the Joint Boundary Commission. But, the Cambodian side has not honored the agreement as the Cambodian Military Engineers have continued the road construction reaching Huai Alai in the area of TamakoyHuai Ta Ngao which is the unsettled border area. This is a violation of the agreement reached by the leaders of the two countries. As a result, the Lao side had to deploy its patrol forces in the area of Huai Alai to protest and prevent the Cambodian side from continuing its road construction, and also requested Cambodia to stop the road construction. Thereafter, on 5-6 July 2017 the two sides sent their Joint Boundary Commission to the area for on-site inspection, but it remained unsettled.  Citing the deployment of forces by the Lao side to prevent the Cambodian side from continuing its road construction, the Cambodian side accused the Lao side of intrusion of sovereignty of Cambodia and dispatched a significant number of additional forces, which caused tension in the area. On 11 August 2017, Prime Minister Hun Sen announced via media and his Facebook page the ultimatum for the Lao Government to withdraw its military force from the “sovereignty of Cambodia” within six days (17 August 2017), if not, military action will be undertaken. On the same day, Cambodian domestic and international media had broadcasted news footage of Cambodia Army moving to the border area claiming to repel Lao soldiers from the Huai Ta Ngao area over which Cambodia unilaterally declared its sovereignty. Earlier, on 7 August 2017, the Lao Ministry of Foreign Affairs received from the Royal Embassy of Cambodia in Vientiane, a letter dated 2 August 2017 of Prime Minister Hun Sen addressed to Prime Minister Thongloun Sisoulith of the Lao PDR, requesting the Lao side to withdraw, without conditions, the military force from the Huai Alai area which Cambodia claims as its sovereignty and to accept the proposal of Cambodia to reopen the four alreadysettled points of boundary. In the morning of 12 August 2017, Prime Minister Hun Sen travelled to Vientiane to meet with the Lao Prime Minister and in the morning of the same day Prime Minister Thongloun Sisoulith discussed the matter with the Cambodian Prime Minister in an urgent manner in order to jointly find a solution. As a result, the two Prime Ministers agreed that both sides withdraw all their military forces from the area of Huai Alai back to their respective original positions, and entrusted the Ministries of Foreign Affairs as well as the Boundary Commissions of the two countries to continue their consultations and negotiations to find common solution and also agreed to continue to create an environment for regular consultation on any problem occurred. Following the agreement reached by the two Prime Ministers on 12 August 2017 and because of the trust in the friendship between the two countries as well as the leadership of Cambodia, the Lao soldiers withdrew from Huai Alai. On the contrary, the Cambodian side only withdrew its additional military forces, but the military forces that had already been stationed there before did not withdraw. The Cambodian forces even moved into and occupied the position, where the Lao patrol forces stationed before, and raised the Cambodian National flag to declare sovereignty of Cambodia and celebrated the so-called victory gained over the area. In response, on 18 August 2017, Prime Minister Thongloun Sisoulith of the Lao PDR sent a letter to the Cambodian Prime Minister to reiterate Laos’ position on solving the issue. In the letter, the Lao Prime Minister reiterated the agreement reached by both sides on 12 August 2017 and requested the Cambodian Prime Minister to strictly implement the said agreement in order to maintain the good tradition of bilateral cooperation for many years to come. The main content of the letter is the following: “for this area the two sides have yet to conduct joint survey and demarcation of the boundary because the two sides have different positions regarding the basis for delineation of the boundary; this area is an unsettled area between the two countries which has been agreed by the two sides to be a friendly unsettled area in which any activity is prohibited and the status quo must be maintained until the completion of demarcation.” In order to ease the tension and prevent it from further escalation, on 1 September 2017, the Prime Ministers of Laos and Cambodia met again in Phnom Penh and agreed as follows: - agreed that two Foreign Minsters of Laos and Cambodia meet as soon as possible to discuss ways and means for dispute settlement. - agreed for the Joint Boundary Commission of the two sides to conduct joint on-site survey on four points of boundary namely, the area of border pillar No. 033, the area of road No. 13/7 with the length of 7,8 Km, the area of Vernkham and the area of border pillar No.032-032/6 as proposed by Cambodia. - agreed for the Joint Boundary Commission to conduct on-site survey in the area of Tamakoy-Huai Ta Ngao to determine locations for placement of border pillars and complete the installation of border pillars soonest. Where there is an agreement, border pillars should be installed immediately and move ahead to the installation of next border pillars. - agreed that the two Prime Ministers write a letter to the President of France to request the French Government to transpose the 1/100 000 scale map to the 1/50 000 scale map and provide other related documents for reference and evidence in resolving border issues between the two countries. All the above-mentioned meetings and agreements between the governments of Laos and Cambodia, which demonstrate the efforts to peacefully resolve the dispute, were published by the media, thereby keeping the people of the two countries and the international community informed accordingly. In accordance with the agreements of the two Prime Ministers, the Lao Minister of Foreign Affairs and Cambodian Minister for Foreign Affairs and International Cooperation met in Phnom Penh on 5 September 2017 where the two Ministers agreed to draft a joint letter of the two Prime Ministers of Laos and Cambodia to the French President to request for France’s assistance to provide maps and official documents related to border delineation between Laos and Cambodia, entrusted the boundary commission of the two sides to conduct on-site inspection in order to reconsider the four border areas between Champasak Province (Laos) and Stung Treng Province (Cambodia) and entrusted the Technical sub-commission of the two countries to carry out on-site inspection in the unsettled border area of Tamakoy-Huai Ta Ngao. On 13 December 2017, Minister of Foreign Affairs of the Lao PDR sent a letter to Minister of Foreign Affairs and International Cooperation of the Kingdom of Cambodia requesting to encourage the Boundary Commission of Cambodia to conduct, together with the Lao side, on-site inspection in the area of Tamakoy-Huai Ta Ngao and in the area of the four border points, but received no attention from the Cambodian side.
•  to present, not only the Cambodian side has not implemented the agreement of the two Prime Ministers, but it has even actively and continuously carried out activities in the area of Tamakoy-Huai Ta Ngao, causing tension in the area. To name a few, the Cambodian side has continuously used vehicles to transport soldiers, weapons, foods both by land and water, moved a large number of military forces to the area, deployed military forces in the area of Tamakoy-Huai Ta Ngao. The Cambodian side has also continued to patrol the area and prohibits Lao people from making their living along the Sekong River, harvesting their agricultural products and livestock feeding in the area of Tamakoy-Huai Ta Ngao. Moreover, Cambodia has also destroyed the remains of paddy fields and slashand-burn fields which are evidence confirming the livelihood of Lao people in this area. The Cambodian side brought heavy machinery into the area of Tamakoy-Huai Ta Ngao and cleared land for road construction from Huai Alai to Kaeng Katome, from Huai Alai to the south of Huai Ta Ngao and to the top of the area of Tamakoy-Huai Ta Ngao and constructed five bridges in the area. The Cambodian side also flied drones many times into the territory of Laos in the area of Sanamsay district, Attapeu Province. According to the Ministry of Foreign Afairs of the Lao PDR, on 14 December 2017, the Ministry sent the letter No. 2959/PSO to the Ministry of Foreign Affairs and International Cooperation of the Kingdom of Cambodia to protest Cambodia and requested it to stop construction activities and other movements in the area. However, there is neither response nor explanation from the Cambodian side. All in all, the road construction in the border area where both sides have not yet completed the joint survey and in the unsettled area of Tamakoy/Huai Ta Ngao is clearly understood as a violation of the agreements previously reached by Laos-Cambodia and Cambodia-Laos Joint Boundary Commissions representing the Governments of the two countries to jointly resolve the unsettled areas. The authorities of the Lao People’s Democratic Republic have made every effort and explored ways and means to ease the situation. However, the Cambodian side has not only breached the bilateral agreements reached by the two sides as contained in the Four Principles and Procès-Verbal of meetings of the two Boundary Commissions, but also moved its military forces into the area and intentionally applied misleading tactics in negotiations to gain advantages as Cambodian side has elaborated it in the book entitled: History of Cambodia-Laos Relations that “Negotiation is only a negotiation, but the deployment of the Cambodian Army in the territory of Cambodia is a must as planned.”
• Part III Reasonable Ways to Resolve the Issues 1. D i r e c t i o n f o r t h e Enhancement of Friendly Relations between Laos and Cambodia Based on its mandates and duties, the Lao National Academy of Social Sciences conducts research on various aspects of scientific evolution of society including past events and future projections such as in-depth historical research and analysis. When analysing the history of a nation or history between nations, all nations have similar feelings such as the pride of one’s nation over its periods of great civilisation brought about by their ancestors. But at the same time, each nation never forgets the dark moments of its history instilled in the minds of the people, particularly the past bitter mistakes. But, most would hold on to the great moments particularly the distinct bravery, and also previous animosities that drive their courage to differentiate between what needs to be promoted and nurtured and what needs to be well-remembered in their heart in order to resolve the issues in the future. However, the lessons that many nations learned from history is to prevent bad history from repeating itself and try to also avoid unfortunate events. The historical relations between Laos and Cambodia, which have enjoyed good memories, should be maintained and nurtured forever. In this context, trust and confidence building, therefore, is most valuable. With regard to survey and demarcation of unsettled boundary areas today, it is important to use reasonable approach to address the issue, and any attempts that run counter to the agreement reached between neighbouring countries that have enjoyed long tradition of friendship should be avoided. With regard to Laos and Cambodia relations, the two countries are not only close neighbours, but they also share a lot of inherited similarities. Both countries have enjoyed a close and deep relationship and never went to war or never had animosity against each other, but in contrast, the two countries have always extended assistance and cooperation to one another. For this reason, Laos since ancient times has regarded Cambodia as a good neighbor. The ancient civilisations shared between our two countries have never been lost or diminished in any way from the history of Laos, but they have in fact been preserved and enhanced to become national heritages as well as world heritages. These include stone carvings and inscriptions depicting the connections between Wat Phu of Champassak and Angkor Wat, which received cultural influence of Buddhism and Hinduism from India and at the same time, the geographical location where the two countries are situated was also influenced by Chinese culture. The confluence of these two cultures in this geographical location later became known as Indochina, which subsequently became recognised in a political sense as French Indochina. As a matter of fact, today the Lao People’s Democratic Republic and the Kingdom of Cambodia not only share common borders, but also have similar traditions and cultures. The two countries extended mutual assistance and joined hands in solidarity in the struggle for their national liberation from colonialism. The people living along the common borders since ancient times have spoken the same language, interacted and traded with each other, and understood each other. These practices have formed a precious foundation for the development of friendly relations and good neighbourliness between the two countries. It is observed that the respective foreign policies of the Lao People’s Democratic Republic and the Kingdom of Cambodia share a similarity in upholding the Principles of Peaceful Coexistence of the United Nations as a fundamental basis in line with the common interests of the modern era with a view to creating conditions for national development and advancement. One reason for the similarity may have been that the two countries used to share the same ideology, having been brought under French Indochina during the colonial rule for a long period of time. Changing developments in the world and different regions in each era as a result of the power struggles and aggression policies including the colonisation of countries by the major powers either before or after World War I and World War II, led to changes in political history, governance and the world map, from which some countries disappeared and new countries emerged. Any country that had been colonised by a foreign power, must respect the right to the succession of states in compliance with international law as stipulated in the 1978 Vienna Convention on Succession of States in respect of Treaties. The borderline passed down as legacy of the French colonial rule conforms to the context of customary law, which has been practiced extensively among former colonies particularly with regard to preserving the way of life of the locals living along the Laos-Cambodia borders including farming, planting vegetables, and trading particularly the people in Tamakoy-Huai Ta Ngao area, Sanamxay District, Attapeu Province, who have been living in this area for many generations. A n o t h e r e v i d e n c e o f the effective control was the agreement reached three times between Sanamxay District, Attapeu Province and Siempang District of Stung Treng Province, the first agreement was reached on 27 May 1990, when the two Districts signed the ProcèsVerbal, stipulating that “the Lao side agreed to be responsible for inspecting the east side”. The second agreement was reached on 23 November 1992, and the third agreement on 24 July 1995, where the two sides agreed on the division of responsibilities that the Cambodian side would bring border troops to be stationed at the mouth of Huai Keua southwards, while the Lao border troops would be stationed at the mouth of Huai Keua from the north side upwards. These respective ProcèsVerbal were consistent with the effective control and based on the agreement between the concerned local authorities. However, because this area is an unsettled border area and each side refers to different documents and maps. Therefore, Laos and Cambodia have agreed that this area is a “friendly unsettled border area” meaning that both sides will continue to search for further relevant information and consider the possibility of addressing the issue in accordance with international law as a next step.
• 2. The Desires of Both Sides and the Opposite Position of Cambodia The Lao People’s Democratic Republic and the Kingdom of Cambodia had agreed on the common principles for the survey and demarcation of boundary between the two countries in line with international practice. Laos and Cambodia both recognised the borderline left by the French colonial ruler. In fact, throughout world history many countries which were colonised addressed border issues in accordance with the rule to succession of States. In many cases, countries were able to resolve border issue within a short period of time and in other cases the border issue took longer to resolve, while some cases involved military confrontation. In the case of Laos and Cambodia, many generations of the leaders of both countries had made a pledge to each other that they would work together to resolve the border issue within a short period of time to set an example for other countries. Unfortunately, however, Cambodia’s current official view involving the deployment of its military forces to occupy the unsettled boundary area has caused difficulty and complications for the process of solving the said unsettled issue by making its own conclusion that the area of Tamakoy-Huai Ta Ngao lies within its sovereignty according to 1:100,000 scale maps printed during the years 1954-1955. In this regard, the unilateral decision is illegitimate. Both sides had worked on trying to resolve the issue of boundary delimitation and demarcation for over 20 years. In all cases, claims need to be cross-examined and proved between the concerned parties and if necessary it can be done together with experts of a third country in accordance with international law. In the period between 1995 and 2016, negotiations on the border issue had been carried out by the Joint Boundary Commission of the two countries. The fact that the Lao authorities and military officials objected and requested the Cambodian side to stop road construction in the unsettled border area is in accordance with the Procès-Verbal of the Joint Boundary Commission, which clearly stated that both sides agreed to maintain status quo in the Tamakoy-Huai Ta Ngao area and refrain from all constructions that would lead to changes in the border area’s environment. Cambodia’s construction of the road advancing into the unsettled boundary area and its announcement that this unsettled border area was its sovereign territory is a violation of the agreement of the Joint Boundary Commission of both countries and the Lao people view it as an action that violates the principles agreed by both sides on the basis of equality, fairness, reasonability, compromise, respect for the rights and interests of each other, and common view.
• 3. Possible Ways to Resolve the Border Issue Addressing border issues between Laos and Cambodia is a sensitive, cumbersome, and challenging issue, as well as a test of perseverance in the maintenance of national interests. Therefore, the history researchers understand the firm position of the Government of the Lao People’s Democratic Republic in regards to addressing border issue with the neighbouring countries as a matter of urgency and priority in line with the universally recognized principles of international law. The sincerity of the Lao side can be seen in it attaching great importance to consultation and negotiation on border issues with its neighbours amidst the complexity and challenges related to border survey and demarcation. However, due to Lao PDR’s firm and sincere political will and commitment, many difficult border issues have been addressed in a systematic manner. For instance, with China, the 505 km long common border was 100 percent delimited in 1993 and later demarcated in 2012. With Myanmar, the two countries share water borders along the Mekong River and installation of twin boundary reference markers along both sides of the river was completed 100 percent in 1994. With Vietnam, the border demarcation was completed in 1987 paving the way for 100 percent completion of installation of additional boundary markers in 2016. To date, with Thailand about 37 percent of the shared border has been demarcated, of which 93 percent demarcation of land border has been completed. As for Laos-Thailand water border, negotiations are being undertaken on the Terms of Reference as a basis for river border delimitation and this will take more time. The lessons learned from addressing border issues with the above-mentioned countries, which had taken many years, show that all negotiations were conducted under international principles, that is conducting negotiations at several levels, including bottomup and top-down approaches combined with the use of all related documents and maps as well as onsite survey. The resulting effect of diplomacy has demonstrated that it is the correct approach and in consistence with the aspirations of both sides concerned in reaching suitable agreement. The survey and demarcation of Laos-Cambodia border in general so far has, for the most part, made satisfactory progress. With regard to the area of Tamakoy-Huai Ta Ngao, the Lao side has based on relevant information, historical evidence, and maps left by France as well as witnesses from previous generations. It is well understood that the reason why the Lao side has not responded to Cambodia’s deployment of military forces to occupy the area of Tamakoy-Huai Ta Ngao, is that the Lao side firmly upholds the agreement reached by the two sides that this area is treated as a “unsettled boundary area”, and the Lao side trusts that the two sides will work together so that Cambodia will reconsider and comply with the agreed principles. The action taken by Cambodia however was a deliberate intention to subject the Lao side to acquiescence of Cambodia’s occupation of territory through the use of force.
• Cambodia’s action based on its claim of sovereignty over the unsettled area by the use of force to serve its interest has not gained credibility from the Cambodian people, and is not acceptable to the Lao people because it is a violation of the agreement reached between both sides. The Cambodian side may not have taken into consideration the consequences of an illegal occupation of a territory of another State over a long period of time will not be beneficial for both sides in addressing the issue by peaceful means. This prolonged issue will also negatively affect peace and stability along the border between the two countries and in the South-East Asia region. The international practice of addressing the border issue consists of diplomatic negotiations between the two sides or, as the last resort, going to the International Court of Justice (ICJ). On the current pending issue, the National Academy of Social Sciences has analysed and contemplated various options and found that the option that safeguards the highest national interests is the good-will and peaceful approach between the two sides concerned. Both the Lao People’s Democratic Republic and the Kingdom of Cambodia are members of various International Organisations, namely, the United Nations (UN), Association of Southeast Asian Nations (ASEAN), World Bank, International Monetary Fund (IMF), and Asian Development Bank (ADB), among others. While being categorised by the United Nations (UN) as least developed countries (LDCs), the two countries are striving to graduate from this status of LDC. Border dispute is a challenging and sensitive issue, which needs to be addressed based on the reality and any action that may lead to tension and an impasse must be avoided. The Lao People’s Democratic Republic and the Kingdom of Cambodia have enjoyed 60 years of diplomatic ties, and therefore should always maintain and cherish the good relations and avoid actions that may diminish the long-standing traditional friendship. It is a matter of fact that sovereignty and territorial integrity are deeply rooted in the national spirit of each nation. Therefore, when the sovereignty and territorial integrity of a nation are being violated, they must be protected to the end. Sovereignty and territorial integrity is a national heritage that must be protected. Cambodia’s deployment of its military forces to occupy the area of Tamakoy-Huai Ta Ngao is signaling a threat by use of force in settling a dispute, which is regarded as a violation of the Treaty of Friendship and Mutual Assistance between the two countries as well as the Four Principles as defined in the Procès-Verbal of the Laos-Cambodia Joint Border Commission.
• One of the essential elements of the UN Charter is to promote the creation of favourable conditions for justice and respect for the obligations under treaties and international law. Moreover, international law and the UN Charter provide that all members shall exercise self-restraint, pursue peaceful co-existence as neighboring countries and refrain from the use of force, and protect mutual interests through the recognition of international principles and practices. The pursuit of a peaceful settlement of border dispute by the Lao People’s Democratic Republic and the Kingdom of Cambodia will be a contribution towards the maintenance of peace, stability and security in the region and the world at large. Besides the UN Charter, Article 2 of the ASEAN Charter also specifies the following: (a) Respect for independence, sovereignty, equality, territorial integrity and national identity of all ASEAN Member States; (b) Renunciation of aggression and of the threat or use of force or other actions in any manner inconsistent with international law; (c) Reliance on peaceful settlement of disputes. The responsibility of resolving the border issue is not only the duty of the National Boundary Commissions of the two countries, both sides also have to review past technical mistakes. The two sides must commit to settlement of dispute through developing effective strategy aimed at easing conflict, promoting a sense of sincerity and mutual assurance to focus efforts on effective dispute settlement, and avoiding mistrust. A good approach to negotiation is to involve legal experts on international law to look into the root causes of the border dispute whether it is the questions of different interpretations and understandings of the maps or the intention of one side to get the other side to fall into a fraud trap. Based on past lessons and experiences of many countries around the world, the settlement of border disputes is a time-consuming process, and it is not an acceptable practice to bring in other unrelated or hidden issues to create a situation. The lack of transparency and mutual trust would not help in overcoming obstacles. Both sides should build mutual understanding and avoid the deployment of military forces as a threat to settle the dispute, which will only serve to intensify hostility in the new era and will be condemned in the history of both countries. The successful experiences of delimitation and demarcation of boundaries with the People’s Republic of China, the Socialist Republic of Viet Nam and the Republic of the Union of Myanmar are a result of sincerity, adherence to the principles of equality and mutual accommodation, and respect for and compliance with treaties and agreements inherited by Laos as a successor state from the French and active joint implementation of those treaties and agreements. The Laos-Cambodia relations researchers of the National Academy of Social Sciences believes that security and political stability is a top priority for advancing national development with the aim of ensuring graduation from the Least Developed Country status towards social progress and prosperity. Nevertheless, as widely recognised, the true essence of security is a broad issue that comprises both internal and external factors. The letter signed by the Prime Ministers of the Lao People’s Democratic Republic and the Kingdom of Cambodia addressed to the President of France Emmanuel Macron dated 6 September 2017 and the response of the French President dated 23 October 2017 extending his full support to the joint efforts of the two Governments of Laos and Cambodia in providing boundary documents and relevant maps on the basis of the Term of Reference to be agreed between Laos and Cambodia, is a good sign. 

In conclusion, peaceful settlement of the border issue is the good approach, which the Governments and peoples of the two nations, Laos and Cambodia, should assign priority to, on the basis of great traditional friendship and firm solidarity through generations of neighbourliness, and in accordance with the principles of international law.