For more than two months, a group of Moken sea gypsies from a fishing boat owned by rich men from Ranong province have been detained in the Nicobar Islands in the middle of the Indian Ocean. No one cares about their fate, perhaps because they have no nationality, or perhaps they are not human beings? Why do concerned people not care at all about their agony?

Against the strong waves and winds of the monsoon season, a small group of Moken from Koh Lao, Tambon Paknam, Mueang district, Ranong, braved the stormy weather to make ends meet. They had to submit to the terms set by the rich boat- owners in the hope that their income from fishing would be enough to feed their abjectly poor families.

On 23 May, the "Porawee" set to sea from Koh Lao with a crew of 19 Moken. There was no fixed destinations for their mission to "dive for trepang (sea cucumber)". The boat vanished into the gusty winds and waves of the sea leaving their families behind with the hope that they would return with big wages to help their families to survive.

On 11 June, sudden rumours spread around Koh Lao that the 19 Moken were being held captive by the Indian authorities off the coast of the Nicobar Islands together with the boat and the Thai Taikong (captain) named "Berm". All hopes are now shattered.

The sea gypsies know too well their "status" on Thai soil. Despite bearing the royally invented surname "Pramongkit', all 19 crew members on the captured boat and their families along with all other Moken on Koh Lao have never been recognized as Thai citizens by the Ministry of Interior. Not a single state cares to recognize them even though they have been living here since ancestral times. Viewed as nomadic coastal tribal groups, the Thai authorities have denied the Moken sea gypsies Thai citizenship.

Their hopes and dreams have replaced by bitter tears and sorrows. They know too well that no one will come to their aid.

An NGO worker who went to collect information about this case disclosed to us that "Since the crew have been at sea for too many days, their relatives know that they must have been arrested"

Repeated arrests vividly reflect the reality of sea gypsy life. It was not the first arrest they had to face. Their livelihood hangs in the balance at the mercy of rich men and local influential groups. Despite knowing how vulnerable their future will be, they are forced to board the fishing boats. With more skills and knowledge in working in the seas than tilling the soil, they simply have to take fishing assignments in exchange for food to eat on board and the small wages they receive once they come ashore. Their relatives have nothing more important to do than to pray for their safe and timely return. Should they fail to return after several days, the relatives know that their breadwinners must have been captured by marine police in another country.

This time, they were informed about the arrest in the Nicobar Islands of India, which were affected by the tsunami on 26 December 2004. Situated 600 kilometres from Phuket Island, the Islands are a heaven for illegal fishing boats. Nicobar boasts very rich natural abundance and marine resources. All the rich men who own the fishing boats are blindly attracted to these "fresh" marine resources which can be fished and traded for money.

"Now, the rich man who owns the boat is trying to negotiate to get his boat back. The Thai Taikong cares nothing about the plight of the captured 19 Moken crew. He simply gave one thousand baht to each family (of the captured crew). But money cannot buy their lives," said an NGO worker who monitors the situation. He further said that given a lack of citizenship among the sea gypsies, they are vulnerable to exploitation by the rich men. When their boats are captured, the rich men simply pay to get their boats and the Thai Taikong back and do not care about the rest of the crew.

"Why do they have to care for those who do not even have documents to prove their citizenship anyway?" said the NGO activist. Since no Moken s have Thai ID cards and are unable to communicate with the Indian authorities, the Thai consul there does not care to help them.

Where do these sea gypsies come from?

According to Narumon Arunothai from the Social Research Institute, Chulalongkorn University, there are three groups of sea gypsies in Thailand including the Moken, Morklen and Urak Lavoy.

Various dialects spoken and used among the three tribes belong to the Austronesian language family and they have no written language. They share some traditions and cultures including the ceremony to honour their ancestors and the boat floating ritual.

The population of the Morklen sea gypsies is about 2,500. They are settled in various villagers in Phang-nga and Phuket provinces. Given the similarity of their dialect to that of the Moken , they can speak to each other. The Morklen have been permanently settled for more than a century and have been able to assimilate well to Thai language and culture. Therefore, they have been given Thai citizenships and are sometimes called the "Thai Mai" (meaning "New Thai"). Their children study in local Thai schools and many have been converted to Buddhists though they still largely respect animism. A big ceremony to honour their ancestral spirits is held every year in Bangsak district, Phang-nga province.

The largest sea gypsy tribe in Thailand, the population of Urak Lavoy is about 4,000. They have settled in various coastal villages and islands around Phuket, Krabi and Satun. Similar to the Morklen, the Urak Lavoy have assimilated well to Thai culture and have been given Thai citizenship and also called "Thai Mai". The Urak Lavoy in many villages organize the boat floating ceremony twice a year.

In Thailand, the population of Moken is about 400, with another 2,000-3,000 in Burma. Most of them live a nomadic life and wander around the sea. Their annual ceremonies include the celebration of the ancestral spirit pillar. During the ceremony, the Moken from various islands will gather together to celebrate and refrain from going fishing for three days and three nights. In the past couple decades, some Moken families have chosen to settle permanently in the Surin Islands. Their nomadic way of life and self-subsistent livelihood have made them the skilled divers who know most about the seas.

The new generation of the three sea gypsy tribes are able to speak the Southern Thai dialect. Some are able to even read and write Thai, particularly among the Urak Lavoy. A large Urak Lavoy community is settled along Rawai Beach in Phuket and these people have adapted their lifestyles to get well integrated with the Thai people. On the contrary, most of the Moken population have hardly made any attempts to adapt and still retain their traditional way of life.

Some Urak Lavoy choose to live ashore and work as waged labour. In contrast, the Moken opt to live off the sea which is their significant food source. Their livelihood is very tied up with the sea. Even in the midst of a globalized world in which they have become waged labour, their livelihood still depends largely on the sea.

The case of Moken boat capture is different from the Thai fishing boats that were caught in Malaysian and Vietnamese waters a few months ago. In those cases, since the crews were Thai, the Thai consul helped to broker a deal to bring them back to Thailand. But the arrest of the Moken from Koh Lao is different as the Thai consul has made no attempt to help them since they are not considered Thai citizens. Until now, the Thai consulate in India has made no move to intervene in the case.

The agonies of stateless persons in Thailand have been repeated a number of times and it seems the policy makers do not care about them at all. Given their lack of citizenship, they are automatically treated as the lowest of the low in Thai society.

Who can they hold responsible for their vulnerability? Perhaps they have to always suffer this plight. In an era where "national reconciliation" becomes a catchphrase together with the celebration of diversity, the tears of young children embraced by their bereft Moken mothers who search the empty sea in the hope that their husbands will one day return, may disturb the conscience of the powers that be. Hopefully, they will come to treat the Moken as human beings who live in the same world.

The answer lies in the heart, not the law.

Translated by Pipob Udomittipong