The situation at the Thai-Myanmar border is becoming increasingly worrying following last week's intensified clashes between Myanmar's military government and armed ethnic rebel groups.
The situation is serious that Tak provincial administration ordered the main border pass in Mae Sot district closed, resulting in brisk border trade temporarily being halted last weekend.
On Thursday, Thai soldiers reportedly rounded up over 100 Myanmar nationals after raiding a four-storey building in Mae Sot district. There, military-style uniforms, armbands of rebel groups, drones, medical supplies as well as bullets were reportedly found, as well as the 53 males, and 40 females and children reportedly arrested for illegal entry. Some suspects, Thai officials claim, are on the wanted list by Myanmar military government. As of now, they are in Thai custody.
Mae Sot district -- which is 20km away from Myanmar's special economic zone Myawaddy, has become a hub for Myanmar migrants in recent years. After the 2011 coup, local security personnel have claimed that Mae Sot town has become a bastion for anti-Myanmar government resistance groups receiving foreign aid.
Nevertheless, such doubts and allegations must be probed, and Thai officials need to stick to the law in handling this matter. The situation along the porous Thai-Myanmar border is more complex than meets the eye. Crime syndicates have operated there for years with local Thais and Thai officials' assistance, selling narcotics, wildlife products, illicit timber or facilitating human trafficking.
It is imperative that these suspects must stand trial in Thailand and they must be given a chance to defend themselves legally. The Thai government must not and cannot send them back to Myanmar, where they will be in grave danger.
Thai security personnel must comply with the Prevention and Suppression of Torture and Enforced Disappearance Act that came into force on Feb 22.
This new anti-torture legislation is based on Thailand's ratification of the UN Convention against Torture, which complements the Refugee Convention.
Under this legislation, officials must not push persons with a well-founded fear of torture back to their original country. This is the first time that non-refoulement has been enshrined in Thai law. Officials, the police and soldiers can no longer cite national immigration laws and security policies to push them back.
It is worrying as the Thai government is known to have warm ties with the Myanmar military, which acts as if it does not know this legislation exists.
It needs to be mentioned that on Jan 20 -- just one month before this legislation became active, Gen Chalermpol Srisawat, chief of the Thai defence forces, and Myanmar military leader Snr Gen Min Aung Hlaing, signed a series of pacts. One of these MoUs concerns the Thai army's commitment to sending refugees fleeing fighting in Myanmar back home.
The MoU between the two armed forces palpably contravenes the new Thai law. It is about time the Thai government, especially the ministry of defence, rectified the situation by making an official announcement on non-refoulement.
As the political situation in Myanmar becomes more perilous, the Thai government must stick with humanitarian basics and local law in dealing with the Myanmar situation and not let the close ties between the Thai army and the Myanmar military dictate our foreign and border policies.