An Atlas of Trafficking in Southeast Asia The Illegal Trade in Arms Drugs People Counterfeit Goods and 1st Edition Chouvy Instant Download
An Atlas of Trafficking in Southeast Asia The Illegal Trade in Arms Drugs People Counterfeit Goods and 1st Edition Chouvy Instant Download
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                                                                                       Edited by
                                                                           Pierre-Arnaud Chouvy
                          The Observatory has been in charge since 2008 of analyzing illicit cross-border movements within
                          mainland Southeast Asia. It supports research projects and publishes both academic and policy oriented
                          works. It is based within the Research Institute on Contemporary Southeast Asia.
                          List of Mapsvii
                          Note on Contributorsix
                          Notes175
                          Index207
vii
viii
ix
                         Bertil Lintner was a senior writer for the Far Eastern Economic Review for
                         more than 20 years, covering Burma and related issues. He now writes for
                         Asia Times Online, the Swedish daily newspaper Svenska Dagbladet and Jane’s
                         Information Group in the UK. He is a recognized expert on Burmese issues
                         as well as ethnic minorities, insurgencies and narcotics in Southeast and
                         South Asia.
Pierre-Arnaud Chouvy
                        across mainland Southeast Asia that this book addresses, focusing on five of
                        its most pervasive phenomenon: drug trafficking, human trafficking, arms
                        trafficking, wildlife and timber trafficking, and the trade in counterfeit goods
                        and contraband.
                           As might be expected, the peninsular mass of mainland Southeast Asia is
                        not only one of Asia’s historical major crossroads (hence ‘Indochina’ and the
                        French Indochine). It is also famous worldwide as the site of the so-called
                        Golden Triangle, one of the two main areas of illegal opium production
                        in Asia and one of the largest in the world. But, insofar as illegal activities
                        are concerned, contemporary mainland Southeast Asia is known not only
                        as a locus of illegal drug production but also as a drug trafficking hub
                        and a significant drug consumer market. Heroin and methamphetamine
                        are produced mainly in Burma (also known as Myanmar since 1988) and
                        trafficked heavily throughout the region. Heroin and methamphetamine may
                        be consumed regionally (both in mainland and in insular Southeast Asia),
                        or may be exported to China (via the province of Yunnan), to India (via its
                        northeastern states) or overseas, mostly to Japan, Australia, and North and
                        South America (see map 13).
                           However, many other trafficking or smuggling activities have long
                        occurred in and throughout mainland Southeast Asia while others are now
                        in the process of being developed. One of them, constantly increasing both
                        regionally and worldwide, is human trafficking. This activity shares many
                        features with drug trafficking and, although statistics are unreliable and
                        trustworthy studies remain scant, it is frequently mentioned as becoming the
                        world’s largest illegal economy. Again, though, the assertion is unverifiable
                        since no one can reasonably provide a precise estimate of the global value
                        of drug trafficking alone.1 In any case, Southeast Asia also experiences many
                        other major smuggling and trafficking activities, from the international
                        trade in small arms and in nuclear and other radioactive materials, to the
                        international trade in illegally logged timber, forest products and wildlife.
                        It is worth noting that some of these traffics can be distinguished from
                        many others insofar as they constitute instances of environmental harm and
                        predatory activities or both.
                           However, while seizures conducted throughout the region attest to the
                        existence of various and numerous smuggling and trafficking activities,
                        smuggling and trafficking activities are clearly on the rise or whether greater
                        attention has been paid by national and international authorities, the
                        phenomenon nowadays is more and more presented as a major multifold
                        and worldwide threat.
                           But, while globalisation has undoubtedly and increasingly transformed
                        the phenomenon during recent decades, the historical and geographical
                        approach of notions such as borders, frontiers and routes shows us that the
                        phenomenon is far from being entirely new. History shows that the rise of
                        the nation-state and its multiple regulations have directly affected various
                        types and ways of trading by rendering them illegal. Thus, to shed some
                        light on what is, by essence, a complex and shadowy world made of illegal
                        and therefore absconded activities, one must first understand how ‘the
                                                             4
                        politics of access and of its denial’ have been deeply affected by the modern
                        modification of frontiers, borders, routes and regulations. But, firstly, the
                        widely used notions of smuggling and trafficking need to be distinguished
                        from each other and explained, in order to show that although both
                        activities amount to illegal trading, smuggling is not trafficking.
                        Smuggling or Trafficking?
                        One major distinction must be made between the different activities that
                        amount to illegal trading. Illegal trades can be distinguished according to the
                        nature of the goods that are exchanged as well as to the nature of the trade
                        itself. Therefore, distinguishing between smuggling and trafficking enables
                        us to dissociate two major types of illegal trading and to overcome the
                        confusion of two terms that are frequently used interchangeably and without
                        distinction. To that effect, one can build on the work of David Bevan
                        et al.,5 who separate what they call ‘black goods’ (goods that are illegal)
                        and ‘black parallel markets’ (where legal goods are being traded illegally).
                        Another interesting and useful distinction has been made by Abraham and
                        van Schendel, who ‘build up a distinction between what states consider to
                        be legitimate (‘legal’) and what people involved in transnational networks
                        consider to be legitimate (licit)’. As the authors explain, this distinction is
                        most useful in the context of an ‘approach to issues of legality and illegality
                        which does not take the state as its point of departure’.6 Yet raising issues of
                        legitimacy in this book would have made things even more complicated than
                        they already were (rights of individuals to consume drugs, own guns, poach,
                        log, mine, illegally and willingly across international borders, etc.) and it was
                        thought here that focusing on what made some cross-border activities illegal
                        according to national laws was a better choice. This does not mean that the
                        perceptions of borders and borderlanders have been dismissed altogether.
                           Hereafter, ‘smuggling’ will describe the importation and/or exportation
                        of legal goods contrary to the law of at least one country, especially when
                        duties are not paid or when part of a regulation is not observed. ‘Trafficking’
                        will describe a trade in goods that are illegal per se – that is, a trade
                        therefore illegal by definition. Thus trading in heroin differs greatly from
                        trading in cigarettes, since heroin is an illegal product and cigarettes are
                        produced and sold legally. Nevertheless, cigarette smuggling is rampant in
                        the world – for instance, in the European Union – owing to great variation
                        in duties and ages of legal consumption from country to country. Therefore,
                        duties, regulations and prohibition partly determine the extent to which
                        goods are smuggled or trafficked, whether locally, regionally or globally.7 Of
                        course, goods that are considered ‘licit’ by people involved in transnational
                        networks are more likely to be smuggled and/or trafficked than goods
                        deemed ‘illicit’, whether they are legal or not.
                           Usually, the difference between smuggling and trafficking is made
                        only concerning the trade in human beings. According to the United
                        Nations Office on Drugs and Crime (UNODC), human smuggling and
                        human trafficking are similar in some respects, but bear several important
                        differences. The United Nations Protocol Against the Smuggling of
                        Migrants by Land, Sea and Air, Supplementing the United Nations
                        Convention Against Transnational Organized Crime, defines the ‘smuggling
                        of migrants’ as:
                        crossings made via various routes or lines of travel; namely trails, paths,
                        roads and the like.
                                 Whereas states cannot come into existence without the ability to deny
                                 access, they cannot be physically consolidated and politically sustained
                                 without the ability to expand access – without the extension of the
                                 authority and the legitimacy of the center to the peripheries.22
10
                                 the act of enforcing a selected flow of people and objects across a border,
                                 from border patrols to customs, immediately allows for the possibility of
                                 rents to be charged for circumventing these rules and by the same token
                                 provides opportunities for smuggling of people and objects across these
                                 borders.
Of course:
                        But, it is also important to understand that ‘making borders also makes illicit
                                                                   31
                        the life activities of border communities’. Andrew Walker also stresses the
                        fact that ‘ “open” borders, characterised by flow and passage, usually provide
                                                                                 32
                        more opportunities for regulation than “closed” borders’.
                           Not surprisingly, all kinds of smuggling and trafficking flourish in these
                        old frontier areas that often became buffer zones, as had been and still is
                        the case between Burma and Thailand. If the border not only affords some
                        protection to the refugees (from political oppression, economic distress
                        or even law enforcement) who cross it, it can also help enrich those who
                        do not travel ‘empty-handed’. Thus, a route and an antiroute can engender
                        one another: a closed border can engender a route to transgress it and
                        the rules and restrictions it implies; the presence of a route can call for an
                        artificial antiroute (a checkpoint, for example) to monitor or restrict access.
11
12
                        toward China’s Yunnan Province. Once again, of course, this road and the
                        majority of the Shan trading posts ‘were not really new, their existence
                        dating back to the days of the Burmese kings’. In the thirteenth century,
                        ‘Chinese trading caravans and the invading army of Kublai Khan from China
                        travelled that route’.37 As with Thailand, goods illegally traded between
                        Burma and China are manufactured in one direction and natural products
                        in the other. Another major trading route between Burma and China lies
                        in Kachin State and was, until the Kachin Independence Army lost control
                        over the jade mines, ‘the main route for smuggling famous Burmese jade
                                    38
                        and gems’.
                            These old trading routes of mainland Southeast Asia, some of them
                        also linking China to India, have been plied by merchants even when
                        international boundaries were officially closed. Because clandestine border
                        crossings are illegal, the increased risk of such actions raises the value of
                        both the people and goods that accomplish it: having to deal with closed
                        borders, and as some rarefied goods became more expensive and interesting
                        to trade, merchants turned into smugglers and/or traffickers. Indeed, as
                        many have acknowledged, ‘making borders engenders illicitness, or in Janet
                                                                      39
                        Roitman’s words, transgression is productive’.
                            The evolution of drug trafficking in the Golden Triangle has forged new
                        transport routes in the region and has brought abandoned routes back
                        into service, such as those previously used by communist guerrillas. Other
                        pathways were never abandoned. Traditional caravaners such as the Haw of
                        Thailand and the Hui (Panthay) of Burma are very active in the regional
                        illicit drug trade, and still use routes today that their forebears used at the
                                                        40
                        end of the nineteenth century (see map 7).
                            It should be noted here that smuggling and trafficking are old activities
                        that are consubstantial to trading and date back to the earliest regulatory
                        practices meant to restrict and tax commerce. Smuggling actually developed
                        considerably in the context of the British and French colonial tariff regimes.
                        In his extremely valuable study of regulation, trade and traders in the
                        borderlands of Laos, Thailand and Burma, Andrew Walker quotes Sidney
                        Legendre, a visitor to Luang Phrabang in the early twentieth century (1936):
                        ‘The French had placed such a high duty on all goods entering Indo-China
                        that smuggling has become one of the most essential and profitable if not
13
                        the most honourable of the native trades.’ Counterfeiting also dates back a
                        long time, for Legendre explains that Chinese smugglers ‘have commenced
                        the importation from China of cheap copies of English, French and
                        American goods’, and that he himself bought a Waterman fountain pen and
                        a pair of ‘Keds’ tennis shoes that he found to be ‘the rankest imitations’.41
                        Opium smuggling also preceded opium trafficking in the context of the
                        British and French colonial monopolies (see map 5), but also of the Siamese
                        monopoly; independent trading was prohibited and opium smuggling
                        became a very profitable enterprise, especially for Yunnanese and Shan
                        caravaners. The British (who sold only Indian opium in their colonial
                        possessions) and the Siamese faced smuggling of Chinese opium into Burma
                        and Siam, while the French faced the same problem in Laos, where they
                                                                                         42
                        were processing and selling Shan opium from Kengtung in Burma.
14
                                 because of the ease with which organized crime can avoid detection of
                                 their illicit activities... [n]etworks trafficking in drugs, weapons, and other
                                 illicit commodities are well suited for nuclear smuggling. Their experience
                                 in avoiding detection, knowledge of safe routes, protection by corrupt
                                 authorities, and established infrastructures can be utilized for trafficking in
                                                                             44
                                 nuclear and other radioactive material.
                        Another well-known fact is that arms can be exchanged for illegal drugs by
                        using the same networks and corridors (especially when rebel armies are
                        involved in production and/or trafficking of drugs), as has been the case in
                        Afghanistan, in Burma and in northeast India. Human beings – for instance,
                        Chinese women – are also smuggled and trafficked into Southeast Asia
                        on the same routes used for drug trafficking to feed, for example, a well-
                        established regional prostitution market (chiefly, Chinese women go south
                        while Burmese heroin goes north). Logically, if drugs can be more or less
                        safely trafficked across certain borders and territories, then other items can
                        also follow the same trails, either hidden into large legal cargo and transited
                        across legal entry points, or more or less discretely smuggled and trafficked
                        over long and porous borders, through mountain passes, across rivers or
                        even by unauthorised or unchecked helicopter flights (antiques from Burma
                        being one example). In mainland Southeast Asia, smuggling and trafficking
15
                        is made easier not only by the area’s often mountainous and heavily forested
                        relief but also by its large number of extremely diverse ethnic groups, many
                        of them tribal and semi-nomadic, who straddle international borders (see
                        maps 2, 3 and 6).
                           The number and diversity of drug trafficking routes enable other types
                        of smuggling and/or trafficking activities, sometimes by notorious drug
                        traffickers themselves. For example, trafficking in counterfeit goods has
                        recently increased across the Thailand–Burma border. Based near Thailand’s
                        northern border with Burma, some key drug traffickers such as Wei Hsueh
                        Kang have diversified their activities into producing and trafficking pirated
                        pornographic Video Compact Discs (VCDs). This proves interesting since
                        it brings another category of traffickers to the fore: those taking advantage
                        of legal touristic migrations between Tachileck, in Burma, to Mae Sai,
                        in Thailand. The result is an upsurge of trafficking in pirated VCDs.
                        Considering that pirated copies of Hollywood, Thai, Chinese and Taiwanese
                        films can be found everywhere in Tachileck and that ‘about 1000 tourists
                        cross the border from Thailand to Tachileck every day, rising to 6000 a day
                        during a holiday’, Thai authorities estimate that about 80 per cent of these
                        tourists buy pirated VCDs in Burma and bring them back to Thailand.45
                        Also widely available at Tachileck markets are Chinese-made sex stimulants
                        that are not approved by Thailand’s Food and Drug Administration and that
                        end up being seized by customs officials from returning tourists. As far as
                        counterfeited goods are concerned, a new trend is emerging in Southeast
                        Asia, where drug-resistant malaria is widespread and is ‘fuelling a roaring
                        trade in counterfeit drugs, including the new and effective Artemisinin-based
                        Combination Therapy (ACT) drugs’: ‘Even the Artemisinin compounds –
                        touted as the solution to drug resistance – are being faked in Southeast Asia.
                        The counterfeiters follow where people are buying these drugs, counterfeit
                        the drug and put it in the market.’46 This is a clear and recent example of
                        how drug-trafficking routes can be used for other trafficking activities. In
                        this case, a famous drug trafficker diversifies its production and trafficking
                        activities thanks to the networks and routes they control. But such routes
                        are being widely used by other smugglers and traffickers, either for the same
                        trades or for different ones.
16
                                 The drug shipments head towards Jaffna and from there to various
                                 destinations in West Asia for entry into the European and US markets.
                                 According to intelligence sources, Ranong Island off the coast of Thailand
                                 is the staging point for arms shipments that originate from Cambodia and
                                 take the sea route through the Andaman Sea to the major receiving point at
                                 Cox’s Bazar, Bangladesh’s southernmost tip.
                        While this route has been used by arms dealers and their end-users for a
                        number of years, the alleged ‘drug trafficking by the LTTE has added a new
17
                        dimension’.49 This maritime route has also clearly been used for trafficking
                        drugs, as the January 2001 seizure of heroin and methamphetamine off
                        Surin Island (Thailand) has shown: via the Irrawaddy River, Burmese
                        heroin reached the Andaman Sea where fishing boats took it to Ko Surin
                        and unloaded it south of Ranong (see maps 12 and 15). Ranong is thus not
                        only one of the main trading points for the Burmese black market, but also
                        a drug-trafficking node and a well-known passage for human smuggling, as
                        testified by its rampant prostitution.
                           But India’s eastern borders with Bangladesh and Burma have also
                        ‘witnessed smuggling incidents – some of which involved nuclear material of
                        indigenous South and Southeast Asian origin – which since the late 1990s
                        have led authorities to suspect the operation of organized nuclear smuggling
                                                                   50
                        rings in the India-Bangladesh border area’. Indeed:
                        Southeast Asian borders are also known for other thriving smuggling and
                        trafficking activities. Burmese teak (Tectona grandis), for example, has long
                        been increasingly logged and exported to Thailand, some of it smuggled,
                        since in 1989, Thailand forbade its own teak from being cut. Farther north,
                        on the China–Burma border, it is the Wa hills that are being deforested,
                        for the economic benefit of China and in the context of a hastened opium
                        suppression programme.52 Much has been said on Burma’s balance of
                        payments and the fact that it shows hundreds of millions of dollars in
                        unexplained foreign financial inflows. The most widely accepted explanation
                        was that heroin exports were the largest contributor to the country’s
                        economy. However, illegal timber exports are likely to have contributed tens
                        of millions of dollars to these financial inflows:
18
                                 There is a huge demand from China for wildlife and forest products, mainly
                                 for medicinal purposes. These include tortoises, bears’ gall bladders, snakes,
                                 otter skins, pangolin scales and wild orchids. Despite the fact that many
                                 of these species are endangered and trade in them is prohibited in Burma,
                                 there exists a thriving black market network to locate and export the
                                 various items. The main dealers are Chinese businesspeople living in towns
19
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