Bangkok Post March 15, 1998 .Confli

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Bangkok Post March 15, 1998 .Conflict on the high seas

FISHING: The history of joint fishing ventures between Thailand and 
Burma is rife with conflict.
SUPRADIT KANWANICH

The adage about good fences making good neighbours is particularly apt 
in the case of Burma and Thailand. The absence of physical and 
figurative fences has resulted in too many difficulties in too many 
cases to mention, and their common history is littered with more gore 
than grins. 

Why can't Burma and Thailand get off each other's backs? They're too 
close to each other, each has something that the other needs, and, 
lastly, they have been through too much to just forget each other.

Too attractive to ignore: Consider the socio-political landscape. Thais 
live in a comparatively free, open, and stable society while the Burmese 
find themselves subject to fear, force and forfeited rights. Not 
surprisingly, many find refuge within the borders of Thailand.

Watched by the entire world, Thailand was forced to react when Burmese 
crossed the border into Thailand to escape the bullets and bayonets. And 
Burma's powers-that-be had recently bowed to international pressure 
after its admittance into the Association of Southeast Asian Nations 
(Asean). 

As a concerted effort on the part of Thai and Malaysian security 
officers resulted in the capture of southern separatist movement 
leaders, Thai fishermen were released from Burmese jails following 
high-level talks between Thai and Burmese officials.

Too close to forget: Another reason why these two countries cannot 
ignore each other is their common border. From Chiang Rai to Ranong, 
over 2,000 kilometres of forests, rivers, tributaries and open seas join 
Burma and Thailand.

This largely imaginary border is patrolled by an inadequate number of 
guards. Despite the natural water and mountain barriers, trade, 
migration, and travel continue with or without the consent of 
authorities.

Too rich to snub: Another reason the two countries are inextricably 
linked is due to the economic inequality between the two countries: 
While Thais enjoy a wide range of goods on the market, various 
employment and business opportunities and choices of personal 
lifestyles, Burmese can only dream of such options.

When it comes to fishing, the increasing number of trawlers with modern 
fishing gear further decimated marine resources, and many fishing 
companies suffered. The Thai forests, rivers and oceans have been 
depleted almost to the point that Burma's greenery looks even greener 
over the border.

On the other hand, Burma's forests and oceans teem with economic 
potential; their simpler lifestyles do not necessitate the ravenous 
consumption of natural resources as is the case with Thailand's more 
affluent society. 

>From November 1989 to January 1990, the Chulabhorn research vessel 
conducted a joint marine survey with Burma in the Andaman Sea. The 
scientists concluded that a sustainable rate of catch in Burmese waters 
would be between 1.39 million and 1.75 million tons a year. The survey 
also found that the catch would include 0.9 million tons of high-priced 
shrimp. In the eyes of trawler operators, the risks are minuscule 
compared to the economic opportunities. Thailand ranked ninth in the 
world in 1994 with a marine catch of 3.4 million tons (compared with 
China's 20.7 million tonnes). Previously, it had ranked seventh.

Focus on the high seas: Solutions tend to come easier on solid ground 
than at sea. Out there, men battle the elements to make a living. Add 
the pressures of personal differences, and sparks fly easily. In the 
world of water, the world of law and order is far away.

Even boundaries and borders are even more nebulous in the water world. 
Unsurprisingly, Thai fishermen find themselves being arrested by Burmese 
sea patrols for fishing in Burmese waters.

When the two countries agreed to establish more exact territorial 
boundaries, the situation remained too fluid for comfort. When commerce 
beckons, even politics has to obey, however. To minimise friction 
between sea patrols and policemen, authorities agreed to set more 
realistic and specific territorial boundaries at sea.

In 1974, Thai fishermen found their fishing area limited by the 
enactment of the Convention of the Sea, where territorial waters of each 
country were expanded from three miles to 12 miles, and where another 
200 miles was set aside as each country's Exclusive Economic Zone (EEZ).

Under the convention, Thailand gained 60 percent more in sovereign 
waters but lost about 300,000 square miles on the high seas 
(international waters) after it was declared part of neighbouring 
countries' EEZs.

Following the depletion of marine resources in the Gulf of Thailand and 
the enactment of the 200-mile EEZ, Thai fishing fleets were forced to 
enter the waters of Australia, Burma, Bangladesh, India, Indonesia, 
Malaysia and Vietnam - with or without permission.

A long-running problem: Actually, the current problems stemming from the 
joint fishing ventures between Burma and Thailand did not begin with the 
establishment of the EEZ - they began almost a quarter-century ago.

According to the Fisheries Department, Burma first granted a fishing 
concession to Thai companies in 1975. This ended five years later when 
the lack of experience in both parties strained operations.

Thai fishermen were accused of "counterfeiting" trawlers, doctoring 
boats that were not authorised to fish in Burmese waters to look the 
same as those that were granted permission.

In 1989, Burmese authorities granted a fishing concession to Thailand 
once again. By 1990, the Thai Fisheries Department had set up the 
Thai-Burma Fishery Co Ltd. Fifty-five percent of the company was owned 
by fishermen, fishery businessmen held 22.5 percent and fishery 
industrialists 22.5 percent.

Problems arose again when Thai fishermen were accused of fishing outside 
of the permitted area, using nets more closely woven than what was 
permitted by Burmese authorities (thus enabling the catch of smaller 
fish), hiring more Burmese as crew than permitted and using radio 
communication gear without permission.

Burmese authorities arrested captains and crew of Thai trawlers for 
poaching, with punishment ranging from 10 to 47 years of imprisonment.

Eventually, overseas fishing by the Thai private sector in Burma ended 
in 1993.

In 1995, Burma again granted fishing concessions to Thai fishermen, this 
time in the form of joint investments. Each Thai company had to invest 
in continuous fishery-related businesses in at least three out of five 
alternatives: ice-making, fish meal-making, cold storage, fish canning 
or shrimp farming.

Unfortunately, at the end of that year, Thai crewmen killed six Burmese 
on board a Thai trawler. That prompted Burmese authorities to cancel the 
fishing concessions. 

Present estimates say about 500 Thai trawlers are competing for marine 
resources in Burmese waters without official permission from the Rangoon 
government - only unofficial passes from local Burmese authorities or 
high ranking officers. Others make do with a nod from minorities who 
oppose the Rangoon regime.

On January 26, a discussion on fishery ventures in Burma was chaired by 
Agriculture Minister Pongphol Adireksarn and Army Commander-in-Chief Gen 
Chettha Thanajaro. Forty-five private and government representatives of 
fisheries and state security sectors attended.

In his meeting with Lt-Gen Khin Nyunt, First Secretary of Burma's State 
Peace and Development Council (SPDC), Gen Chettha said he raised the 
issue of the 100-plus Thai trawlers in Burmese waters that had been 
caught fishing without permission by armed Burmese Navy boats.

Gen Chettha suggested that future intervention by Burmese authorities 
could be handled in a more peaceful and friendly manner. He also 
proposed that suspected Thai poachers be detained in Rangoon rather than 
in Mergui as Rangoon is more accessible to Thai authorities. 

Late last year, Gen Chettha went to Burma to visit the Thai detainees in 
Rangoon's Insein prison. Following his request to Burmese authorities, 
98 prisoners were released. 

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