2.3 Drug Trafficking

2.3

Drug Trafficking

International definition of illicit traffic in narcotic drugs and psychotropic substances:

“The production, manufacture, extraction; preparation, offering, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exportation of any narcotic drug142 or any psychotropic substance143 contrary to the provisions of the 1961 Convention,144, the 1961 Convention as amended145 or the 1971 Convention”146 (United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, Article 3, Paragraph 1.a.i)

Applicable domestic laws in Thailand:

Narcotics Act of 1976; Narcotics Control Act of 2017; Narcotics Addict Rehabilitation Act of 2002; Measures for the Suppression of Offenders in an Offence Relating to Narcotics Act of 1991; Psychotropic Substances Act of 1975; Emergency Decree on Controlling the Use of Volatile Substances of 1990; Procedure of Narcotic Case Act of 2007; Commodities Control Act 1952.

The Golden Triangle, where the borders of northern Thailand, Lao PDR and Myanmar meet, has long been a key illicit drug cultivation and production site. Although opium poppy cultivation has been eradicated in Thailand, the production of heroin and several synthetic drugs remain prevalent in Myanmar’s Shan State and in Myanmar’s northern regions, where, as noted by the interviewees, it was often used to fund local violence.

Drug trafficking is sometimes still a family business in Thailand. However, there was consensus among practitioners that drug trafficking occurring in Thailand is largely a transnational process, since a large and well-organized network is needed in order for smuggling operations to be successful. Both foreign and Thai groups are active in drug trafficking and they often collaborate with one another. For instance, Myanmar drug producers and Thai smugglers jointly manage trafficking operations along the Thai-Myanmar border, with each group handling illicit operations on its own side of the border. Influential foreign criminal networks also subcontract their smuggling operations to smaller Thai criminal groups or use Thai nationals, especially women, as ‘drug mules’. Many prominent Thai individuals have been exposed as drug traffickers, including some government officials and other influential persons.147

The most abused drug in Thailand is methamphetamine in tablet form (Yaba). In 2018, it was reported that the seizures of illicit drugs involved the following; 302 million methamphetamine tablets (Yaba), crystalline methamphetamine (‘ICE’) 18,526 kilograms, heroin 903 kilograms and ketamine 320 kilograms.148

142 ‘1971 Convention’ means the Convention on Psychotropic Substances of 1971. 143 Phongpaichit, P. (1999). Thailand’s Illegal Economy and Public Policy. Seminar paper presented at the Centre of Southeast Asian Studies. Kyoto, Japan. Retrieved from https://www.parliament.go.th/ewtadmin/ewt/aipa2019/download/article/AIPACODD/ Annex%20Q%20-%20 Country%20Report%20of%20Thailand.pdf 144 AIPA. Thailand Country Report. Accessed at: https://www.parliament.go.th/ewtadmin/ewt/aipa2019/download/article/AIPACODD/ Annex%20Q%20-%20Country%20Report%20of%20Thailand.pdf 145 UNODC. Transnational Organized Crime in East Asia and the Pacific. 146 UNODC. Transnational Organized Crime in East Asia and the Pacific. 147 UNODC. Transnational Organized Crime in East Asia and the Pacific; and UNODC, Patterns and Trends of Amphetamine-Type Stimulants. 148 INTERPOL. (2015). Thailand Country Report 2015. Bangkok, 7. Retrieved from http://www.INTERPOLbangkok.go.th/site/documents/ events/Thailand_Country_Report%20_15th_SOMTC.pdf

Foreign Groups Active in the Thai Drug Trade

Many foreigner smugglers are from ethnic groups that populate the highlands of Southeast Asia. Some ethnic groups have been known to have been involved in smuggling for generations and are often organized by traffickers. Recently, ethnic Chinese tends to be the most prominent traffickers, and they have been joined by an increasing number of West Africans.149

Russian organized criminal groups and the Hells Angels motorcycle gang (the Thai chapter of which has Australian members, as reported by the interviewees) have significant influence as drug traffickers in Pattaya, Pa Ngan Island and Samui Island, which are popular tourist destinations. While, the Japanese Boryokudan smuggle mainly methamphetamines and ecstasy from Thailand into Japan, and the Kings Roman group traffics drugs from Boa Kaew (Laos) to Chiang Sean (Thailand), and thereafter onwards to the central regions of Thailand.

Thailand as an Origin, Destination and Transit Country

Thailand is most often a transit or destination country for drug traffickers rather than a country of origin. In the past, Thailand served as a transit area for methamphetamines produced in Myanmar en route to the United States. Recently, Thailand has become an important transit point for drugs destined for countries in Southeast Asia, East Asia, and Oceania, while a small amount of the heroin that passes through is exported to North America.150 From 2008, Thailand’s role as a transit point for precursor chemicals has also increased, and it is now a major source of amphetamine-type stimulants (ATS) and heroin precursor chemicals used in Myanmar, although Thailand does not self-produce it.151 Additionally, drugs are often transported from the Golden Crescent (Iran, Pakistan and Afghanistan) through Thailand via air transport, using Thai nationals, often women, as ‘drug mules’.152

Many interviewees classified Thailand as a destination country, along with other countries in the region, including the Philippines, Indonesia, and Malaysia.153 Most of the drugs smuggled into Thailand arrive via the northern border, especially through Chiang Rai and Chiang Mai.154 Another major drug smuggling area is north-eastern Thailand, especially in Loei, Nong Khai, Bueng Kan, and Nakhon Phanom provinces.155 Many of the drugs entering Thailand from Myanmar enter through Mae Sot, Tak province. Some highlanders from Myanmar156 were at times mentioned in the interviews as having been key players in this trafficking route; individuals from the Wa, Karen and Hmong ethnic groups were cited. Known drugs coming from Myanmar include methamphetamine tablets (Yaba), methamphetamine hydrochloride (‘ICE’), heroin and kratom. The majority of ecstasy that is smuggled into the country is from Malaysia.157

149 Office of the Narcotics Control Board of Thailand. (2016). TOC and narcotics problem in Thailand. Official data provided in response to TIJ request, Bangkok. 150 AIPA, (n 145) 151 Ibid. 152 Sometimes referred to as ‘hill tribes’ by interviewees (translated from Thai). 153 INTERPOL. (2015). Thailand Country Report 2015. Bangkok, 7. Retrieved from http://www.INTERPOLbangkok.go.th/site/documents/ events/Thailand_Country_Report%20_15th_SOMTC.pdf 154 Office of the Narcotics Control Board of Thailand. (2016). TOC and narcotics problem in Thailand. Official data provided in response to TIJ request, Bangkok. 155 INTERPOL. Thailand Country Report 2015. INTERPOL Thailand, Bangkok, May 2015, p. 8. Accessed at: http://www.INTERPOLbangkok. go.th/site/documents/events/Thailand_Country_Report%20_15th_SOMTC.pdf 156 INTERPOL. (2015). Thailand Country Report 2015. Bangkok, 8. Retrieved from http://www.INTERPOLbangkok.go.th/site/documents/ events/Thailand_Country_Report%20_15th_SOMTC.pdf 157 Appendix II shall include: (a) all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival; and (b) other species which must be subject to regulation in order that trade in specimens of certain species referred to in subparagraph (a) of this paragraph may be brought under effective control (CITES, Article 2, Paragraph 2).

Emerging Trends: Drug Trafficking

The trafficking of methamphetamine in tablet form (Yaba), marijuana, and ecstasy into Thailand as a destination is on the rise.

More drugs are now moving through transit points in Laos, China and the Andaman Sea.158 The Office of the Narcotics Control Board reported that the number of drugs trafficked through Thailand is stable, with decreases along the Myanmar border offset by increases across the Thai border with Laos.

There is still a high demand for methamphetamine hydrochloride (‘ICE’) and ecstasy in Thailand, particularly in Bangkok and tourist areas.159

Some criminal networks are interacting more cooperatively. For example, South African groups involved in the illicit ivory trade (passing through the Kingdom) have added drug trafficking to their portfolio.

There have been activities involving the exchange of drugs for firearms along the Thai-Myanmar border; and drug trafficking and trafficking in persons groups are either working together or engaging simultaneously in both criminal activities.

158 Appendix III shall include all species which any Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the cooperation of other parties in the control of trade (CITES, Article 2, Paragraph 3). 159 UNODC. (2017). Criminal Justice Response to Wildlife Crime in Thailand, 11.