4 Thai fishermen have been released from detention in Myanmar after their  boats were fired upon by Myanmar vessels for trespassing in Myanmar’s territorial waters. Thailand’s Foreign Ministry acknowledged that the boats strayed into Myanmar’s territorial waters and did not announce diplomatic countermeasures. Further investigation is underway.

On Friday (6 December), The Reporters noted that 4 Thai fishermen were detained after Myanmar vessels attacked three unarmed fishing boats in the Thailand-Myanmar border sea. They were reportedly held at Myanmar’s Zedetkyi Island before being released.

Nikorndej Balangura, a Foreign Minister Spokesperson, confirmed that the 4 fishermen were released yesterday (5 December) and sent to Myanmar’s Kawthaung Cape. They will reportedly travel back to Thailand today (6 December). He stated that the Ministry did not issue a protest letter to Myanmar but instead, asked the Myanmar Embassy in Thailand to help repatriate the men and ensure their proper treatment.

Although a routine case of fishing boats straying into Myanmar’s territorial waters, Myanmar authorities may have been alarmed that they were trespassing in an area close to a United Wa State Army base.

Nikorndej said that Thailand’s sole concern was the return of the 4 fishermen.  He noted that all necessary actions had already been taken, adding that the Myanmar government cooperated fully.

He also confirmed that the release of the four did not involve a ransom and stated that the government was not responsible for the rest of the detainees, who are Myanmar nationals.

The incident occurred near Thailand’s Koh Phayam, opposite Myanmar’s Zedetkyi Island. The distance between both islands is 18 nautical miles, making it difficult to apply international law, which stipulates that a country’s territorial waters extend out 12 nautical miles.

To resolve the issue, Thailand and Myanmar divide the territorial waters between the two islands equally. Thai fishing boats sometimes stray into Myanmar’s waters.

Thanathip Sawangsaeng, a Defence Ministry’s spokesperson, told Inside Thailand that while the three boats were indeed trespassing, the decision to fire on them was unusual as the response to intrusion is supposed to be a warning and weapons are only supposed to be fired to compel boats to stop.

Timeline

On 30 November Myanmar navy vessels reportedly opened fire on three Thai fishing boats, seizing one of them.  They were operating from Koh Phayam near the maritime border between Ranong province, Thailand, and Myanmar.  Myanmar claimed that the boats were in Myanmar’s territorial waters. One crew member died after jumping into the sea, two were injured, and 31 were detained. Four Thai nationals were among them.

A Defence Ministry spokesperson stated that the incident occurred around 3 PM on 29 November.  According to the Royal Thai Navy, the ships were fired on around midnight on 30 November.

On 2 December, Foreign Minister Maris Sangaimpongsa explained that the Ministry raised the issue with the Myanmar ambassador to Thailand and demanded a thorough investigation. He also reportedly contacted his Myanmar counterpart.

Defence Minister Phumtham Wechayachai sent a letter of protest to Myanmar to complain about its disproportionate actions and called for strict adherence to established diplomatic procedures in the future.  Although a similar incident occurred in Thailand’s southern region some 30 years ago, the latest incident is reportedly unprecedented. Communities on both sides of the sea share resources and rely on the area for their livelihoods.

Although Prime Minister Paetongtarn Shinawatra stated her government’s opposition to Myanmar’s actions, this did not stop the public from criticising the government for its “mild response”

The Irrawaddy on Tuesday (3 December) reported that Myanmar’s military regime claimed that firing on Thai fishing boats in Myanmar’s territorial waters was “in line with rules and regulations.”

According to a Myanmar military government spokesperson Maj-Gen Zaw Min Tun, a Myanmar naval vessel detected suspicious activity off Kawthoung Township around 2.40 a.m. on Saturday. It reported signalled the boats to stop for inspection but they fled, prompting the vessel to pursue and apprehend them.