“Wild fauna” prohibited commodities: The definitions of trans-border commodities in the context of global development

The objective of this paper aims to study the definitions of trans-border commodities between the border marketplaces of Thailand and Laos at Nong Mon village trade checkpoint, Nong Khai province. The data is applied for this study is from qualitative research methodological approach by collecting documentary data and fieldwork data. For the collecting data in field, the researcher interviewed the respondents by in-depth interview, also applied the participatory observation and none-participatory observation techniques.

“WILD FAUNA” PROHIBITED COMMODITIES: THE DEFINITIONS OF TRANS-BORDER COMMODITIES IN THE CONTEXT OF GLOBAL DEVELOPMENT Sudarat Sriubon1 Sudarat_joy2536@hotmail.com Dr Jaggapan Cadchumsang2 jagcad@gmail.com Department of Sociology and Anthropology Faculty of Humanities and Social Sciences, Khon Kaen University, Khon Kaen, Thailand Abstract The objective of this paper aims to study the definitions of trans-border commodities between the border marketplaces of Thailand and Laos at Nong Mon village trade checkpoint, Nong Khai province The data is applied for this study is from qualitative research methodological approach by collecting documentary data and fieldwork data For the collecting data in field, the researcher interviewed the respondents by in-depth interview, also applied the participatory observation and none-participatory observation techniques The result of this study defines the definitions of forest products as wildlife and wild plant species which are trans-border commodities The definitions have been being defined through the dynamic of ages affected by conductions of international relation policies in order to develop and regulate border areas which are influenced by supranational organizations‟ concepts and disseminated through the nations and local borders Those influenced the forest products in the past that used to be “the traditional commodities” have become “the prohibited commodities” in the border marketplace Keywords: Forest Products, Trans-border Commodities, Border Marketplace, Globalization Introduction Developments in Greater Mekong subregion since 1992 has been driving international relationships to distribute prosperity and reduce poverty in the region with developments of transportation, economic corridors and trans-border trading and investment developments as well (Sommai Chinnak, 2012) Thailand has the policies that  THIS PAPER IS A PART OF THE MASTER'S THESIS ENTITLED ―THE BORDER MARKETPLACE: PRACTICES OF EVERYDAY LIFE OF LAOTIAN PETTY TRADERS IN THAI-LAO PDR BORDERLAND.‖, WHICH IS FUNDED BY THE GRADUATE SCHOOL, KHON KAEN UNIVERSITY AND FUNDED BY THE THAILAND RESEARCH FUND MASTER RESEARCH GRANTS (TRF-MAG), THE THAILAND RESEARCH FUND M.A Student (Sociology), Faculty of Humanities and Social Sciences, Khon Kaen University Lecturer, Department of Sociology and Anthropology, Faculty of Humanities and Social Sciences, Khon Kaen University 141 matches those changes, very obviously with the policy name is ―the policy of changing the battlefields into trade areas‖, so that, countries in greater Mekong subregion cooperate each other and become the integration region where are full-filled with movement of migration, trading, immigrant workers and ideology these affected economic activities in many border towns have been expanding and grown (Pathom Hongsuwan, 2010) The developments influenced to establish new economic areas where are reflected through these things, for example, establishment of border towns, special economic areas, immigrations, customs and trade checkpoints, etc (Sommai Chinnak, 2012) ,especially, the relationship developments of both sides of countries (Thailand and Laos) including to developments in economic, social and cultural aspects These developments merge borders areas into national, regional, and global economic system Due to economic, social, political and cultural changes under the cooperation of countries in greater Mekong subregion were based on new conformational special areas establishing where are regulated by state and supranational organization, so those changes affected to the border marketplace and Nong Mon trade checkpoint that used to have the traditional trade circumstance as the trade was conducted informally by bartering basis, especially forest products bartering The effect of changes lead to separate the economic relationship of the old trade circumstance that used to be defined as ―Trading‖ ,but then the new definition came to replace the old one and become ―Smuggling‖ (Solomon, 1970) The trade smuggling cannot be happened without the establishment of nation-state boundaries which went to regulate the international laws in many ways Regarding the studies of boundary and trans-border trade in the past, the contemporary studies include a study of Appadurai (1996) describes that the trade liberalization was influenced by globalization concepts and affect to the national boundaries become liberalized borders as well as trans-border movement of people are more intensively These influences of globalization enervate state and state boundaries, and state authority in the border areas will be weakened by trans-border circumstances which involve migration of people, media, technologies, capitals and thought As a study of Walker (1999) ―The Legend of the Golden Boat‖ focuses on free trade policies or economic liberalization that influence many countries have to be liberalized their borders in order to bear people movement and trans-border commodities Notwithstanding, Walker describes that economic liberalization does not overshadow the state role, but the state just changes its role for controlling and facilitating in border areas Moreover, Walker also has the idea of the state authority in border area that state is not be the only one who has authority to regulate the rules in border areas, but the border people who live and activities in the border, they are absolutely actors who are able to create, encounter and negotiate through many activities This study accords to the offer by Donnan and Wilson (1999) which try to relate the relationships between state and border, and describes that borders are not the marginal area by themselves, but they are marginalized by nationalization that aim to build the stabilities for the territory and establish national cultures for the unity through each institutes However, by the diversity of identities in border areas, borders are the areas where have very wide meaning that are not only the 142 physical and political meaning, but the meaning is comprehensive as being the sociocultural areas The management of border areas is not only the people immigration control and prohibited commodities control, but it is the control in meaning level So the border areas are the areas of power contestation in the definitions of social relationships between local people, state and international organization According to these concepts review, the study is applied the conceptual framework along the Walker‘s concept and aim to ask the question from offer by Appadurai (1996) describes that globalization causes people, capitals, commodities, technologies thought and ideals movement intensively, and then overshadows state, in the other hand, state is decreased their importance This offer is not all exactly, for the border marketplace at Nong Mon trade checkpoint between Thailand and Laos, even their cultures are quite similar, but if this is comprehended in more other aspect that is border areas are involved and controlled by many organizations such as local government officers, central government and supranational organization This aspect is different from Walker‘s offer describes that state is too much unity Therefore; the management and control in border marketplace is intense and flexible depend on context and time Thus, the researcher interest to study the definitions of forest products as transborder commodities which have been changed their definitions from normal commodities or ―legal‖ to become the new definitions as ―Prohibited Commodities‖ and are smuggled across the border This study is applied context analysis approach and interpretation approach So the objective of this study is to study the definitions of trans-border commodities in Thailand and Laos border marketplace at Nong Mon trade checkpoint, Nong Khai province in order to explain to understand the factors involving the definitions of trans-border commodities which are dynamic in each time Method Qualitative methodological approach is used to investigate historical dynamics of the border market at Nong Mon village in Nong Khai province In-depth interview, participatory observation, and non-participatory observation are applied to collect primary data from key informants who are community seniors, Thai government officers, Lao trans-border petty traders, and trans-border trading stakeholders Unit of analysis comprises of individual, group, and community Results The findings can be explained and categorized into two parts which are 1) Context of the border marketplace at Nong Mon border trade checkpoint, Nong Khai province 2) The definitions of trans-border commodities in the border marketplace at Nong Mon trade checkpoint, Nong Khai province 1) Context of the border marketplace at Nong Mon border trade checkpoint, Nong Khai province A history of relationships between Nong Mon village (Thailand) and Xayyasee village (Laos) along the Mekong River exists for a century through kinship-based system 143 since they were from the same community until the establishment of the modern Nationstate Kinship-based system was used to connect people from the both sides of the Mekong River The village leaders of Thai and Lao communities played a role in negotiating mutual agreements in order to coordinate each other to sustain their livings When the Cold War has ended, interaction of those two sides of people has temporary separated due to a contradiction on political ideology between Thailand and Laos This resulted in a difficulty on trans-border movement when military officers came to patrol the border area strictly However, some local people still interacted with their relatives secretly through limited channels Regarding the trade circumstance, the trade was conducted informally by bartering basis such as people from Laos made an exchange of rice to Thai traders for clothing When the world began to diverge into the era of commercial cooperation Tensions in the border area have been decreasing through the policy of international trade cooperation Countries in region have an idea to merge their cooperation in order to strengthen regional economic efficiency based on the Neoliberalism Thailand as well, Thai government establishes new economic zones, for instance, border towns, special economic zones, temporary border checkpoint, and the border marketplace also This is an effort from the government to manage the border area Since the establishment of the Nong Mon checkpoint, the national law has regulated people movement in the border community The government starts focusing more on the border trade rather than socio-cultural based relationship Capitalism has played larger role in border area, and caused the changes among border people‘s livelihood In addition, pattern of the border trade has changed, for example, in the past trade normally conducted based on household consumption Later on, modernity has influenced the Laotians Most of the Laotians are now traveling across the border on the market day to make trade or shop modern commodities, for example, the secondhand clothing, shoes, cosmetics, etc Today the Laotians come across the border for several purposes Most of them travel to make trade, while some cross the border to receive medical treatment, or participate in local ceremonies such as weddings, funeral ceremonies, boat races, Songkran festival, and etc The border marketplace at Nong Mon village, Nong Khai province situated opposite Xayyasee village cultural checkpoint in Borikhamxay province Laos PDR The border marketplace is close to Phu Kao Kuay National Park in Laos, where is a tourist attraction site, and is resourceful of wildlife and plant species Main products that Lao traders bring to the border marketplace are wildlife, plants, seasonal vegetables, handicrafts, etc The checkpoint at Nong Mon village firstly opened on February 8, 1999, and on every Sunday and Wednesday from 08.30AM to 04.30PM In 2013, the governor of Nong Khai province has discussed with the governor of Borikhamsay province in Laos to exchange cooperation in various fields, and they agreed to increase checkpoint‘s operational day into three days/week which are on Wednesday, Friday, and Sunday in order to facilitate people to cross the border for participating local traditional activities The Nong Mon border marketplace covers 1.6 hectares (Northeast Regional Strategy Institute Khon Kaen University, 2014) Regarding geographical location, in the past the 144 market area was dirt There will be mud and damp in rainy season so that it is not convenient for traders to conduct business In 2008, the market infrastructure has been improved by constructing new trade facilities, and zoning the trade area The management of people movement focuses on border immigration process which is regulated by the government The border marketplace operates three days a week on every Wednesday, Friday, and Sunday from 08.30 am to 4.00 pm The Laotians are eligible for overnight stay in Thailand for no more than three days and two nights in case of funeral ceremony attending or medical purpose In case of medical purpose, Lao people have to show medical certificate, issued by Lao hospital, as an evidence to Thai border officers in order to confirm the visiting purpose In addition, in Nong Mon area, local regulations are issued based on agreement of local border community at both sides of the Mekong River Local regulations are to allow people from the both sides, who participate in traditional events or medical events, to cross the border beyond the official date and time of border crossing In such case, relatives from Thai community must present a guarantee as the trip‘s supervisor for Lao visitor In case of medical purpose, people who cross the border for medical treatment in Thailand are able to cross the border at 08.00 AM and return to the border not exceed 16.30 PM This regulation is flexible and convenient for Lao people who receive medical treatment in Thailand and need to return to Laos on a single day Lao People who crossed Nong Mon checkpoint for other purposes, such as shopping or medical treatment in the provincial hospital in Nong Khai, are required to present the border crossing-related documents with a clear purpose of visiting In case of Thai people who want to visit their relatives in Laos, generally their Lao relatives previously inform Lao border officers about the visiting Thai people only present the border pass to Lao officers In the border trade, in the past, people on both sides of the Mekong River started making trade by bartering system, since a trade purpose was for household consumption only Nature–based products they brought to make trade were depended on local production mode in communities where were different geographically For example, Thai generally brought rice to exchange with wildlife and wild plant, such as bamboo shoots, rattan, squirrels, wild boar, from Lao people The exchanging value is depended on the satisfaction between both traders without monetary basis Value of product is calculated based on the difficulty of product availability In another word, the exchange occurred in the past was done in order to help each other rather than making wealth If the household product was oversupply, they then made trade with neighbors for products they needed However, nowadays each household aims to produce more productivity for commercial purpose due to the Capitalism that invades to every single area particularly in the border area In the past, the pathway that people from the both sides of the country used to cross over was the natural pass People for the both sides were able to cross the border freely without any regulations Government officers, the patrol police, operated as the observer 145 only to secure the safety Major commodities was rice However, the trade area currently is being developed as the trade checkpoint Rice becomes a prohibited commodities, since the rice has to be registered and transported by customs clearance process properly Rice trade sometime is allowed if traders are done with a small quantity and for household consumption only At present, there is a state regulation on the prohibited commodities which is applied to all the checkpoints over the country Drug is strictly prohibited, while other commodities, for example, rice, LPG, alcoholic drinks, are prohibited as well The imported commodities such as illegal wildlife in accordance with the Convention on CITES, onion, red garlic, etc are prohibited as well However, in practical, some regulations are omitted especially at the time of food shortage in bordering areas, or at time of less border concentration At present, the border crossing over among people from the both sides are still based on kinship system and locally relation between communities This result in some regulations are flexible to apply In conclusion, the context of the border marketplace at Nong Mon border trade checkpoint where previously was formed based on sociocultural-based trans-border issue until the establishment of the Nation-state boundary which separated people of two-sides of the Mekong River In the past, trade activity was based on household consumption purpose, but later on purpose of the trade has changed into formal trading relation with monetary basis Regarding the border marketplace characteristics, there are changes occurred since the Nong Mon checkpoint has established The changes on both physical, social and cultural perspectives influenced to the border marketplace management in terms of the administration and the security The establishment of new economic zone under the Neo-liberalism has resulted in the legitimate authority of government to regulate the border area The findings suggest that the border marketplace currently could not be viewed as a single economic space There are a variety of perspectives within the border marketplace that are blended together, and causes flexibility and intensity on border issue, for instance, the decreasing of border regulation intensity that allows people from the both sides of country to sustain their relationships, or the border management cooperation between Thai and Lao governments which produces trade benefits to both countries 2) The definitions of trans-border commodities in the border marketplace at Nong Mon trade checkpoint, Nong Khai province In this section, the researcher analyzed the definitions of trans-border commodities which are forest products including to wildlife and wild plants The definitions are defined in the different ways in each periods, and they can be distinguished the differences into periods This first period is ―Forest Products‖ as the traditional commodities (before 1983), and the second period is ―Forest Products‖ as the prohibited commodities (1983 - present) The criterions of distinguishing is considered by duration before and after Thailand participated in CITES‘s member in order to elucidate the factors which affected to change the definitions of trans-border commodities under the context related to manage that involved the roles between local government, national state, and supranational organizations The details are as follows 146 2.1) “Forest Products” as the traditional commodities The trans-border relationships between Thailand and Laos has been started so long since 1961 before the great Mekong subregion cooperation was established With these relationships, they were established by exchange aspect that in the past the trade relationship was conducted for bartering basis, especially wildlife trade was extensive and revealed commodities that was normal for people of the both sides of Mekong River This can be seen from making an exchange of rice baskets to rice seeds, and sometimes, Laotian brought forest products which can be both of wildlife and wild plants such as bamboo shoots, rattan, squirrels, chipmunks, jungle fowls, grilled big lizards to exchange with Thai people The exchanging value was not determined formally, but it was depended on the satisfaction between both of them In the other hand, the exchange was occurred in the past that was done in order to help each other rather than making wealth In the period which Thailand did not still sign the Convention on International Trade in Endangered Species of Wild Fauna and Flora or CITES This the convention aimed to control international wildlife and wild plants trade that is danger for species in nature, especially endangered wildlife and wild plants (Department of National Parks, Wildlife, and Plant Conservation, 2016) Because Thailand and Laos were the trade partner which did not sign CITES, so trade and exchange trans-border commodities were independently The regulations and laws were not regulated to manage and control for trading, forest products gathering that people of both sides exchange them to rice This is a local livelihood between the forests along the border of Mekong River According to their definition, that was only just a livelihood 2.2) “Forest Products” as the prohibited commodities (1983 - present) When the world has been immersed into the stream of globalization, the capitalism diverges all the corners of this world This affected to establish trading across the border of Nong Mon village, and then it has been developed to become economic relationships which is depend on monetary base After the WWII ended (1975), the world was reorganized by cooperation of many countries around the word In 1973, the International Union for Conservation of Nature (IUCN) convened the international conference in Washington DC in order to draft the convention on International Trade in Endangered Species of Wild Fauna and Flora or CITES The convention is the convention between countries purpose to control and stop wildlife and wild plants trade which is danger for species in nature, especially endangered wildlife and wild plants The convention has been in effect from July 1975, in the cast of Thailand participated in CITES‘s member in 1983 And then in 1992, after Thailand associated in CITES, Thailand has enacted Wild Animal Reservation and Protection Act, 1992 The Act has provisions about import export and countertrade the species controlled by CITES This convention has affected to separate old economic relationships of people in border marketplace area that used to be called as ―Trading‖ between both sides communities of Mekong River to become the new definition as ―Smuggling‖ trade across border and also be a state authority infraction (Jakkrit Sangkhamanee, 2012) 147 The effect by defining of state authority is forest products trading has become illegal whosever import specified commodities in the account of CITES into Thailand will have quilt and must be punished by laws Nowadays, forest products trade by Lao traders is very risk to contact the customers, and their income for treating household is affected and decreased as well as trans-border trade becomes stagnant because Lao traders are intercepted to gather forest products The intercepted traders are usually who get income from forest products in order to dispend goods in Thai side and bring back to sell in Laos or use in household Anywise, with the situation, Lao traders don‘t surrender to regulations which control trans-border trade, so they flounder and negotiate through an action is ―spoofing‖ The spoofing cannot be occurred without the connive man or getting help from local government for trans-border trading and bring to trade in border marketplace like not unduly exposed to the public eyes by applying a sell seasonal fruits and vegetables strategy which are allowed to sell for concealing For the illegal forest products, they are hided completely, but if someone wants to buy they still can contact the traders always Although the state government officers have defined the definitions of forest products with the laws by supranational organizations which influenced to nations, and affected the definitions of forest products to become prohibited commodities that are sold stealthily in the border marketplace at Nong Mon trade checkpoint by Lao traders, but if this is considered by Lao traders‘ aspect about selling barking deers, marmots, big lizards, palm civets, etc that means just a livelihood for providing to their family, and it is tradition which has been inherited for long time Before the trade checkpoint has established and Thailand participated in CITES, wildlife trade is a part of their life which has been inherited since ancestors, and it‘s very hard to avoid stopping these activities Because so many people in rural still rely on forest products gathering for making a living So forest products in Lao traders‘ aspect is defined as local border commodities By the different definitions between Lao traders and the state government officers, these lead to negotiate the power of each other Lao traders negotiate by making a good relationship to officers, spoofing, or giving a backhander in order to negotiate for commercial benefits of trans-border forest products trading Discussion and Conclusion As mention previously, it reflects that participation in CITES affected and change significantly to the definitions of forest product commodities Even though the definition of ―forest products‖ has been changed from traditional commodities to be defined as the new meaning as ―prohibited commodities‖ which is illegal things by the laws of international or supranational organizations ruling national sate in order to regulate and manage the border areas 148 But actually, the border areas are the areas where have the special identities involving the long relationships of kinship and the long countries neighborhood before the separated national boundaries These special identities of the border like the local conditions cause the border to be flexible and indulgent the regulations With the local conditions, these help Lao traders are able to negotiate many groups of government officers, can continue their trans-border trade activities, even they are looked as illegal things by state These activities are accepted by communities because they realize an attach importance to a livelihood On the word of this social phenomenon accords to an offer of Walker (1999) and Donnan and Wilson (1999) in the issue of trans-border trading control and management by state including to definitions and regulations with laws, but in the same time, people in border can perform as actors to define their own definitions of trading activities as well as negotiate and encounter for the purpose of continuing trans-border trade Acknowledgement This paper is a part of the master's thesis entitled ―The Border Marketplace: Practices of Everyday Life of Laotian Petty Traders in Thai-Lao PDR Borderland.‖, which is funded by the Graduate School, Khon Kaen University and funded by the Thailand Research Fund Master Research Grants (TRF-MAG), The Thailand Research Fund At last, researcher would like to thank you all the key informants for providing research data which is highly beneficial to research paper development References Appadurai, A (1996) Modernity at Large: Cultural Dimensions of Globalization Minneapolis: University of Minnesota Press Department of National Parks, Wildlife, and Plant Conservation (2016) CITES (Online) Retrieved 15 March 2018 From: http://portal.dnp.go.th Donnan, H., and T Wilson (1999) Borders: Frontiers of Identity, Nation, and State Oxford and New York: Berg Jakkrit Sangkhamanee (2012) Trading at Crossroad and the De/Reterritorialization of Thailand and Myanmar Border Chiang Mai University Journal of Social Sciences Faculty, 24(1-2): 17-61 Pathom Hongsuwan (2010) The Mekong River Basin and Signification in Context of 10 Modern Society: Nong Khai and Vientiane case study Bangkok: The Thailand 11 Research Fund 12 Solomon, R (1970) Boundary Concepts and Practices in Southeast Asia World Politics, 23: 1-23 13 Sommai Chinnak (2012) The Second Proceeding of Mekong Studies 16-18 November 149 14 2012 at Salavan, Laos Ubon Ratchatani: Ubon Ratchatani University 15 The Northeastern Strategic Institute Khon Kaen University (2004) Final Report of the 16 Border Trade along Nong Khai Province Border Line Bangkok: Ministry of Interior 17 Walker, Andrew (1999) The Legend of the Golden Boat: Regulation, Transport and 18 Trade in North-Western Laos Doctor‘s Thesis Australia: 19 The Australian National University 150 ... countries 2) The definitions of trans-border commodities in the border marketplace at Nong Mon trade checkpoint, Nong Khai province In this section, the researcher analyzed the definitions of trans-border. .. Results The findings can be explained and categorized into two parts which are 1) Context of the border marketplace at Nong Mon border trade checkpoint, Nong Khai province 2) The definitions of trans-border. .. at Nong Mon trade checkpoint, Nong Khai province in order to explain to understand the factors involving the definitions of trans-border commodities which are dynamic in each time Method Qualitative