Problems and Impacts on the Smuggling of Migrants in the Contiguous Zone of Thailand

Abstract

This research aims to study the situation of migrants smuggling problem, scope of jurisdiction and law enforcement in the contiguous zones between Thailand and neighbouring countries in order to find appropriate practical guidelines for Thailand. Upon the study, it has been found that the causes of migrants smuggling problem are; the domestic law on contiguous zones remains inexplicit as well as ambiguous contained in the Article 33 of the United Nations Convention on the Law of the Sea, 1982. The aforesaid causes not only create problem but also reproduce negative consequences, so the government required to work out on the issue hastily to protect national interests.

The author suggests that the specific rules, measures and laws shall be enforced among the contiguous zones. Either, the relevant laws in 4 areas, namely, customs law, financial law, immigration law and sanitary law required to be amended in terms of extending their coverage to the contiguous zones. Particularly, the immigration law amendment as it is directly concerned to the migrants smuggling problem. In addition, the government should imply meaning of the Article 33 for the upmost benefit of the state; the third practice of International guidelines should be implemented to empower the customs law, financial law, immigration law and sanitary law as measures for both prevention and punishment in case any offense occurred in contiguous zones.  Furthermore, due to the third practice is match to the purpose of the Article 33 the most as it defines the contiguous zones as a buffer and checking zone and able to effectively solve the migrants smuggling problem in the Contiguous Zone of Thailand.