RANONG/BANGKOK — Myanmar’s Kawthaung Provincial Court has sentenced four Thai fishermen, aged 61-69, for illegal entry, despite the incident taking place in waters disputed by Thailand and Myanmar.
A boat owner has received 5 years in prison, for illegal fishing in Myanmar waters without permission, and an additional 1 year for illegal entry into the country, totaling 6 years imprisonment, along with a fine of 200,000 Kyat (approximately 3,400 Baht, $95).
The three Thai crew members were each sentenced to 3 years in prison for illegal fishing in Myanmar waters without permission, and an additional 1 year for illegal entry into the country, totaling 4 years imprisonment each, with fines of 30,000 Kyat (approximately 510 Baht, $14) per person.
However, the Kawthaung Provincial Court showed mercy to all 4 Thai fishing crew members after the fishing boat captain confessed to fishing for mackerel in Myanmar waters. The prison sentence was suspended, and to maintain good international relations, all 4 Thai crew members will be released back to Thailand during the upcoming New Year 2025 festive holiday.
Meanwhile, 27 Myanmar crew members were sentenced by the court to 1 year imprisonment each on charges of illegal entry into the country.
The incident, in which Myanmar warships opened fire on Thai trawler fishing vessels on the night of November 30, resulted in the death of one Thai fisherman and injuries to several others. In addition, a Thai fishing boat named “Sor. Charoenchai 8” along with its 31 crew members (4 Thai and 27 Myanmar nationals) was seized by Myanmar forces and towed to Koh Yan Chueak in Myanmar territory.
Two weeks later, the Thai authorities have still not secured the return of the crew and the Sor. Charoenchai 8 to Thai territory. The Thai government’s diplomatic efforts to release the crew and vessel “unconditionally” through the Thai-Myanmar Border Committee (TBC), which the Thai government has repeatedly emphasized, have caused concern.
However, this appears to be “almost impossible” as Myanmar representatives on the TBC have informed their Thai counterparts that the release process is entirely dependent on orders from Naypyidaw.
12 Nautical Miles Off Koh Phayam
The Thai Purse Seine Association, of which the Sor. Charoenchai 8 is a member, reported in detail on the events of November 30. According to the report, Thai fishing boats were fired upon by Myanmar warships while fishing 12 nautical miles off Koh Phayam.
The Myanmar warships did not fire warning shots, but opened fire with the intention of damaging lives and property. The main targets of the attacks were the ship’s bridge and control tower. One crew member of the Thai vessel Duang Thaweepol 333 was killed in the shooting, and Myanmar forces detained another Thai vessel, the Sor. Charoenchai 8, along with its 31 crew members. The captured vessel was towed into Myanmar waters near Koh Yan Chueak.
When the Thai TBC representative in Ranong learned of the incident, he sent a letter to his counterpart in Kawthaung to inform him that at 12:20 p.m., three armed warships from Myanmar approached a group of Thai fishing boats as they were setting their nets in Thai waters, 12 nautical miles west of Koh Phayam, at approximately latitude 9°45’N and longitude 98°17’E. The Myanmar warships opened fire, causing casualties and injuries, and detained the Sor. Charoenchai 8.
The TBC in Ranong sees this action as a serious violation of Thai sovereignty and a threat to national security. It claims that the action violates the agreements governing the overlapping territories between the two countries. The Thai side has demanded the return of the crew and the vessel.
The Ranong Fisheries Bureau, acting on behalf of the Ranong Maritime National Interest Protection Center, issued an immediate notice on November 30 to warn fishermen and fishing operators to “exercise caution for their safety when operating near the Thai-Myanmar maritime border.”
As a result, the area 12 nautical miles off Koh Phayam, an “overlap zone” claimed by both Thailand and Myanmar, has become a danger zone for Thai vessels. Myanmar has asserted its claim by deploying armed warships to the area, making it a high-risk zone where Thai vessels must navigate with caution for safety reasons.
Historical Context of Overlapping Zones
Since the November 30 incident in which armed Myanmar warships fired on Thai fishing boats, no Thai authority has clarified the status of the area 12 nautical miles west of Koh Phayam (9°45’N, 98°17’E) where Thai fishing boats were operating. The documents on the Thai-Myanmar border disputes point to three important issues:
1) Shared Maritime Boundaries
Thailand and Myanmar share maritime borders that begin at the tri-border area between Thailand, India and Myanmar, extend north of the Surin Islands and reach as far as Koh Khom and the Paknam Kra Buri estuary, a distance of 195 nautical miles. To date, Thailand and Myanmar have agreed on 140 nautical miles of the border, from the triangle point to the northern part of North Surin Island. However, the remaining borders are still unresolved, resulting in overlapping sea areas.
2) Boundary Disputes Near Koh Khom
Disputes over boundaries between North Surin Island and Koh Khom span 50 nautical miles and involve claims over three islands: Koh Lam (approximately 150 square kilometers), Koh Kan, and Koh Khi Nok. The disputed boundary also extends to the waterways adjacent to these islands and the Paknam Kra Buri estuary.
3) Undefined Maritime Boundaries
From North Surin Island to Koh Khom, neither Thailand nor Myanmar has officially declared its maritime border. Myanmar uses British Admiralty charts 3052 and 216, which support its claims, while Thailand relies on charts 307 and 331. The lack of declared boundaries leads to confusion and overlapping claims, making fishing and navigation difficult.
Sovereignty Claims Over the Three Islands
In addition to the unresolved maritime borders, both Thailand and Myanmar have claimed sovereignty over Koh Lam, Koh Kan and Koh Khi Nok since the border negotiations between Siam and the British colonial authorities in 1867–1868. During the negotiations, ownership could not be clarified, so the maritime boundary remained undefined.
Historical records show that Sir John Lawrence, Governor-General of India, proposed that Koh Chang and Koh Phayam should belong to Siam, while Koh Victoria, Koh St. Matthew and the Bird’s Nest Islands should belong to Britain. However, Koh Lam, Koh Kan and Koh Khi Nok were not mentioned in this proposal, leaving their status unresolved.
Recent discussions suggest that high-level negotiations between the Thai and Myanmar governments should focus on defining the remaining maritime boundaries in the Andaman Sea, excluding the three islands. A median line could serve as a provisional maritime boundary allowing navigation and fishing under international law and by mutual agreement.
Final Warning
The lack of clear maritime boundaries makes naval operations aimed at safeguarding national maritime interests more difficult. The incident with the Sor. Charoenchai 8 illustrates these challenges. According to Article 15 of the 1982 United Nations Convention on the Law of the Sea, in cases where neighboring coastal states (such as Thailand and Myanmar) do not have an agreed maritime boundary, a median line can serve as a provisional boundary.
Thailand has drawn a centerline from North Surin Island to the vicinity of Koh Lam, Koh Kan and Koh Khi Nok as an operational guideline for vessels in the area. The presence of the Thai fleet in overlapping zones at the time of Sor. Charoenchai 8 raises the question of whether Thai ships crossed the maritime boundary.
Before the Myanmar warships opened fire, Thai ships had received a warning from the Vessel Monitoring System (VMS), which is controlled by the FMC Center: “Thai ships are approaching the waters of the neighboring country. Please proceed with caution.”
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