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Malaysia vs. Thailand

Transnational Issues

MalaysiaThailand
Disputes - international

while the 2002 "Declaration on the Conduct of Parties in the South China Sea" has eased tensions over the Spratly Islands, it is not the legally binding "code of conduct" sought by some parties, which is currently being negotiated between China and ASEAN; Malaysia was not party to the March 2005 joint accord among the national oil companies of China, the Philippines, and Vietnam on conducting marine seismic activities in the Spratly Islands; disputes continue over deliveries of fresh water to Singapore, Singapore's land reclamation, bridge construction, and maritime boundaries in the Johor and Singapore Straits; in 2008, ICJ awarded sovereignty of Pedra Branca (Pulau Batu Puteh/Horsburgh Island) to Singapore, and Middle Rocks to Malaysia, but did not rule on maritime regimes, boundaries, or disposition of South Ledge; land and maritime negotiations with Indonesia are ongoing, and disputed areas include the controversial Tanjung Datu and Camar Wulan border area in Borneo and the maritime boundary in the Ambalat oil block in the Celebes Sea; separatist violence in Thailand's predominantly Muslim southern provinces prompts measures to close and monitor border with Malaysia to stem terrorist activities; Philippines retains a dormant claim to Malaysia's Sabah State in northern Borneo; per Letters of Exchange signed in 2009, Malaysia in 2010 ceded two hydrocarbon concession blocks to Brunei in exchange for Brunei's sultan dropping claims to the Limbang corridor, which divides Brunei; piracy remains a problem in the Malacca Strait

separatist violence in Thailand's predominantly Malay-Muslim southern provinces prompt border closures and controls with Malaysia to stem insurgent activities; Southeast Asian states have enhanced border surveillance to check the spread of avian flu; talks continue on completion of demarcation with Laos but disputes remain over several islands in the Mekong River; despite continuing border committee talks, Thailand must deal with Karen and other ethnic rebels, refugees, and illegal cross-border activities; Cambodia and Thailand dispute sections of boundary; in 2011, Thailand and Cambodia resorted to arms in the dispute over the location of the boundary on the precipice surmounted by Preah Vihear temple ruins, awarded to Cambodia by ICJ decision in 1962 and part of a planned UN World Heritage site; Thailand is studying the feasibility of jointly constructing the Hatgyi Dam on the Salween river near the border with Burma; in 2004, international environmentalist pressure prompted China to halt construction of 13 dams on the Salween River that flows through China, Burma, and Thailand; approximately 100,000 mostly Karen refugees fleeing civil strife, political upheaval and economic stagnation in Burma live in remote camps in Thailand near the border

Illicit drugsdrug trafficking prosecuted vigorously, including enforcement of the death penalty; heroin still primary drug of abuse, but synthetic drug demand remains strong; continued ecstasy and methamphetamine producer for domestic users and, to a lesser extent, the regional drug marketa minor producer of opium, heroin, and marijuana; transit point for illicit heroin en route to the international drug market from Burma and Laos; eradication efforts have reduced the area of cannabis cultivation and shifted some production to neighboring countries; opium poppy cultivation has been reduced by eradication efforts; also a drug money-laundering center; minor role in methamphetamine production for regional consumption; major consumer of methamphetamine since the 1990s despite a series of government crackdowns
Refugees and internally displaced personsrefugees (country of origin): 119,230 (Burma) (2019)

stateless persons: 111,298 (2020); note - Malaysia's stateless population consists of Rohingya refugees from Burma, ethnic Indians, and the children of Filipino and Indonesian illegal migrants; Burma stripped the Rohingya of their nationality in 1982; Filipino and Indonesian children who have not been registered for birth certificates by their parents or who received birth certificates stamped "foreigner" are not eligible to attend government schools; these children are vulnerable to statelessness should they not be able to apply to their parents' country of origin for passports
refugees (country of origin): 91,806 (Burma) (2020)

IDPs: 41,000

stateless persons: 480,695 (2020) (estimate represents stateless persons registered with the Thai Government; actual number may be as high as 3.5 million); note - about half of Thailand's northern hill tribe people do not have citizenship and make up the bulk of Thailand's stateless population; most lack documentation showing they or one of their parents were born in Thailand; children born to Burmese refugees are not eligible for Burmese or Thai citizenship and are stateless; most Chao Lay, maritime nomadic peoples, who travel from island to island in the Andaman Sea west of Thailand are also stateless; stateless Rohingya refugees from Burma are considered illegal migrants by Thai authorities and are detained in inhumane conditions or expelled; stateless persons are denied access to voting, property, education, employment, healthcare, and driving

note: Thai nationality was granted to more than 23,000 stateless persons between 2012 and 2016; in 2016, the Government of Thailand approved changes to its citizenship laws that could make 80,000 stateless persons eligible for citizenship, as part of its effort to achieve zero statelessness by 2024 (2018)
Trafficking in personscurrent situation: Malaysia is a destination and, to a lesser extent, a source and transit country for women and children subjected to conditions of forced labor and women and children subjected to sex trafficking; Malaysia is mainly a destination country for foreign workers who migrate willingly from countries including Indonesia, Nepal, India, Thailand, China, the Philippines, Burma, Cambodia, Laos, Bangladesh, Pakistan, and Vietnam, but subsequently they encounter forced labor or debt bondage at the hands of their employers in the domestic, agricultural, construction, plantation, and industrial sectors; a small number of Malaysian citizens were reportedly trafficked internally and to Singapore, China, and Japan for commercial sexual exploitation; refugees are also vulnerable to trafficking; some officials are reportedly complicit in facilitating trafficking; traffickers lure Rohingya women and girls residing in refugee camps in Bangladesh to Malaysia, where they are coerced to engage in commercial sex

tier rating: Tier 2 Watch List - Malaysia does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so; the government identified more victims, increased the number of trafficking-specialist prosecutors, drafted victim identification standard operating procedures, identified two volunteer victim assistance specialists that worked with more than 100 victims, and co-hosted the first national conference on anti-trafficking; however, authorities prosecuted and convicted fewer traffickers and investigated few trafficking cases; despite the issue of corruption, insufficient efforts were made to prosecute officials' complicity in trafficking-related crimes or to report the results of investigations into such crimes; insufficient interagency coordination and victim services discouraged foreign victims from participating in criminal proceedings; no resources were devoted to a written plan that, if implemented, would constitute significant efforts to meet the minimum standards; Malaysia was granted a waiver per the Trafficking Victims Protection Act from an otherwise required downgrade to Tier 3 (2020)
current situation: Thailand is a source, transit, and destination country for men, women, and children subjected to forced labor and sex trafficking; victims from Burma, Cambodia, Laos, China, Vietnam, Uzbekistan, and India, migrate to Thailand in search of jobs but are forced, coerced, or defrauded into labor in commercial fishing, fishing-related industries, factories, domestic work, street begging, or the sex trade; some Thai, Burmese, Cambodian, and Indonesian men forced to work on fishing boats are kept at sea for years; sex trafficking of adults and children from Thailand, Laos, Vietnam, and Burma remains a significant problem; Thailand is a transit country for victims from China, Vietnam, Bangladesh, and Burma subjected to sex trafficking and forced labor in Malaysia, Indonesia, Singapore, Russia, South Korea, the US, and countries in Western Europe; Thai victims are also trafficked in North America, Europe, Africa, Asia, and the Middle East

tier rating: Tier 2 Watch List - Thailand does not fully comply with the minimum standards for the elimination of trafficking, and is not making significant efforts to do so; in 2014, authorities investigated, prosecuted, and convicted fewer traffickers and identified fewer victims; some cases of official complicity were investigated and prosecuted, but trafficking-related corruption continues to hinder progress in combatting trafficking; authorities' efforts to screen for victims among vulnerable populations remained inadequate due to a poor understanding of trafficking indicators, a failure to recognize non-physical forms of coercion, and a shortage of language interpreters; the government passed new labor laws increasing the minimum age in the fishing industry to 18 years old, guaranteeing the minimum wage, and requiring work contracts, but weak law enforcement and poor coordination among regulatory agencies enabled exploitive labor practices to continue; the government increased efforts to raise public awareness to the dangers of human trafficking and to deny entry to foreign sex tourists (2015)

Source: CIA Factbook