Did China's crackdown on border scam centers violate Thailand’’s sovereignty?

China's extraterritorial law enforcement efforts to crack down on scam call centers along the Thailand-Myanmar border likely trod on Thai sovereignty and undermined the government's ability to handle the issue, according to local critics.


China’s Public Security Assistant Minister, Liu Zhongyi, appeared in the border areas many times during January and February to put pressure on the Thai authorities to take action against the scam cities and other illicit businesses as well as secure the release of Chinese and other foreign citizens working in the areas.


On February 17, Liu crossed the border at Mae Sot district to Myawaddy and the scam hub of Shwe Kokko to meet with
Myanmar’s Border Guard Force Commander, Saw Chit Thu, who was reportedly protecting all illicit business in the city.


Academic Dulyapak Preecharush from Thammasat University said the unusual presence of the Chinese senior official raised concerns over Thailand’s independence. Chinese authorities appeared to be increasingly taking the lead, exerting control, issuing directives, and playing a decisive role in both Thailand and Myanmar.


“China's increasing involvement may undermine Thailand's autonomy in managing its borders and internal security," he said.
There have been cases in other countries with border issues, such as Myanmar and Pakistan, where the Chinese government lacked confidence in local management and subsequently proposed deploying Chinese security forces in those areas, said the academic, who is an expert on geopolitics and Myanmar affairs.


“Therefore, if Thailand allows China to exert control and issue directives, we may lose our independence in handling these matters. While we can seek China's assistance, it must be in an appropriately balanced manner,” Dulyapak said.


Opposition Fair Party MP Kannavee Suebsang raised a similar question, saying the Thai government should not allow the Chinese to dictate terms while freely crossing borders at will to coordinate with Myanmar.


If Thai laws and regulations were bypassed that could be equivalent to a violation of Thai national sovereignty, according to Chiangmai University scholar Fuadi Pitsuwan. In his Facebook post, he said that the responsible officials were at risk of violating Section 119 of the Penal Code.


Section 119 says: “Anyone who commits an act with the intention of placing the kingdom, or any part thereof, under the sovereignty of a foreign state, or with the intent to undermine the independence of the state, shall be punished with the death penalty or life imprisonment.”


Tri-party cooperation


Deputy Prime Minister Phumtham Wechayachai clarified that Chinese official Liu’s operation was under the tri-party cooperation involving Thailand, China and Myanmar to suppress the telecommunication fraud and scam city.


"He [Liu] came because we allowed it. If we didn’t, he wouldn’t be able to enter,” Phumtham told local media, “He must respect our sovereignty—he can’t just do whatever he pleases.”


Defense Ministry spokesperson Thanathip Sawangsaeng explained that Liu was exempted under Section 15 (3) of the 1979 Immigration Act, as his work benefited Thailand’s national interest as well. This exemption includes cross-border travel between Thailand and Myanmar, facilitated by immigration officers.


“This case does not constitute a violation, as the Thai government has officially authorized it and does not breach any laws,” the Defense Ministry spokesperson stated.


Chinese media, Global Times, reported on February 14 that Liu visited Myanmar and met with Than Swe, the State Administration Council's deputy prime minister and minister of foreign affairs, and Tun Tun Naung, minister of home affairs.


Both sides had an in-depth exchange of views on enhancing China-Myanmar law enforcement and security cooperation, and on jointly tackling cross-border crimes such as telecom fraud and human trafficking, according to the state-run media.


Putting pressure


Liu met Phumtham once again on February 19 to mount more pressure on the Thai side to continue measures to suppress the scammers and maintain order along the Thailand-Myanmar border.


Phumtham, who is the defense minister, said after the meeting that Liu had asked for further cooperation from Thailand to step up measures to tackle the scam centers, strengthen trilateral mechanisms and facilitate the repatriation of Chinese nationals.


For the strengthening of a concrete trilateral mechanism, cooperation between Thailand, Myanmar and China will be established as a model for addressing transnational crime. If the details are finalized within the next week, a trilateral meeting would be held, he said, adding that the Ministry of Defense was coordinating with the Foreign Ministry to facilitate this.


The move to cut off electricity, internet signal, and fuel would remain in place until it is proven that scam call centers have significantly diminished or been eradicated. Thailand has requested special equipment from China to inspect shipping containers, as China is concerned about contraband being smuggled out.


Thailand rejected the proposal to block essential goods from reaching Myanmar, according to Phumtham. The decision was based on humanitarian considerations, as Thailand does not want to harm innocent civilians in either country, he said.


Thailand will assist in repatriating Chinese nationals, including both victims and members of call center scam operations. Some 600 Chinese have undergone screening and are waiting at the Thailand-Myanmar border, said Phumtham.


China sent three flights, each to carry 200 people, with departures three days apart, from Mae Sot Airport directly to China. Thailand has stipulated that deportees must board flights immediately without waiting in Mae Sot.


The first batch of 200 Chinese nationals left the cities via Mae Sot for China on February 20 with full security protection and restricted media coverage.


Poor screening process


The transfer was not done properly through Thailand’s National Referral Mechanism (NRM), which Kanavee said is an important process to screen and separate victims from perpetrators.


As a sovereign country, Thailand has many legal instruments including the immigration and human trafficking laws to enforce, he said. “If we allow China to do so, we will have no chance to get valuable information about the scam cities, human trafficking, and other illicit business across the border,” Kanavee told local media.


The Thai police's contradicting statement was also a major concern. Trairong Piwpan, chief of the Cyber Crime Investigation Bureau, initially said only one person was a victim, who was lured to work in the scam city. He backtracked a day later, saying that only a few people went to work there voluntarily.


An opposition MP from People’s Party, Rangsiman Rome, said determining whether someone is a victim, or a collaborator is challenging, as individuals may play both roles. “However, the key factor is ensuring that the verification process is trustworthy and reliable,” he said.


China has agreed to inform Thai authorities if investigations reveal any connections to Thailand to facilitate further dismantling of the criminal networks, according to Phumtham.

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