The charges violate the free expression rights of the activist, Andy Hall, and undermine his research into labor rights abuses by companies in Thailand.
Following a final preliminary hearing on July 20, 2015, a Bangkok criminal court will decide whether to indict Hall, an adviser to the Migrant Worker Rights Network, on charges of criminal defamation and violations of the Computer Crime Act brought by the Natural Fruit Company and government prosecutors.
''This prosecution is all about gagging Andy Hall to deter serious reporting about alleged abuses against migrant workers, and about intimidating others who might look closely at Thailand's corporate supply chains,'' said Brad Adams, Asia director at Human Rights Watch.
''The government should recognise that freedom to investigate corporate abuses is critical to ensuring compliance and accountability under Thai law and international human rights standards.''
The Natural Fruit Company Limited sued Hall in February 2013 in response to an investigative report by the organisation FinnWatch, which included information about alleged labor rights violations at the company's factory in Prachaub Kirikhan province.
If convicted, Hall faces up to seven years in prison. Natural Fruit also has filed two civil defamation lawsuits against Hall seeking damages of over 300 million baht (US$8.7 million).
The Natural Fruit Company Limited, whose workforce in the Prachuab Kirikhan factory consists mostly of migrant workers from Burma, asserted that Hall defamed and damaged the company by ''broadcasting false statements to public media.''
Government prosecutors joined the case, in which Hall was also charged under the Computer Crimes Act.
The FinnWatch report, which Hall wrote, 'Cheap has a high price: Responsibility problems relating to international private label products and food production in Thailand,' investigated the production of food sourced from Thailand and sold in Finland.
Based on field research and interviews collected in November 2012 from employees of the company's Prachaub Kirikhan factory, the report alleged that Natural Fruit Company Limited had committed serious labor rights abuses, including poor working conditions, unlawfully low wages, confiscation of workers' official documents, use of child labor, and excessive overtime.
FinnWatch stated that it had contacted representatives of the Natural Fruit Company Limited repeatedly during the course of the research to discuss preliminary findings, but that the company did not respond to these requests.
Human Rights Watch believes that criminal defamation laws should be abolished, as criminal penalties are always disproportionate punishments for reputational harm and infringe on free expression.
Criminal defamation laws are open to easy abuse, resulting in very harsh consequences, including imprisonment. As repeal of criminal defamation laws in an increasing number of countries has shown, such laws are not necessary to protect reputations.
The human rights and labor rights of migrant workers from Burma, Cambodia, and Laos living and working in Thailand have been regularly violated with impunity over the years, Human Rights Watch said.
Human Rights Watch's research shows that migrant workers often receive little or no protection from Thai labor laws despite Thai government assertions that all legally registered migrant workers are covered by those laws.
The research also shows that migrant workers who raise complaints against Thai employers frequently face retaliation.
Government requirements that migrant workers remain with employers with whom they register except in exceptional cases facilitates impunity for abusive employers.
Weaknesses in Thailand's labor protection system and lack of accountability by government officials who aid and abet exploitation of migrant workers means they remain extremely vulnerable to labor exploitation, physical and sexual violence, and trafficking.
''Seeing Andy Hall hauled before the courts for investigating labor rights abuses should concern any international firm sourcing products from Thailand,'' Adams said.
''Companies buying Thai exports should call on Bangkok to act to ensure respect for workers' rights and accountability from its export industries, including by ending criminal offenses for activists researching supply chains.''
Thailand must end harassment of researchers and human rights defenders
AROUND 30 NGOs and trade unions are demanding Thailand to end harassment of researchers and human rights defenders in the run-up to the final preliminary hearing in a criminal defamation and computer crimes case, brought by Natural Fruit against researcher and activist Andy Hall, on July 20.
The undersigned organisations are also disappointed to learn that Thailand's Attorney General is trying to get another, already dismissed, case against Andy Hall re-opened.
''[The] Attorney General's appeal against a case that has already been thrown out of a court has no grounds whatsoever. Thailand is continuing to harass a human rights defender despite a court decision and its obligation to uphold freedom of speech,'' said Finnwatch Executive Director Sonja Vartiala.
Natural Fruit has filed multiple criminal and civil cases against Andy Hall since February 2013 as a result of his contribution to a Finnwatch report published in 2013.
The report revealed serious human rights violations at Natural Fruit's pineapple juice production facilities on the basis of workers' interviews.
Natural Fruit refused to comment on the research findings before the publication of the report.
''The allegations against Andy Hall who interviewed workers for the report, are ridiculous. Finnwatch bears the responsibility for the publication and contents of the report, not Hall,'' said Vartiala.
For example the Thai Ministry of Labor has confirmed the findings of the workers' interviews in its own inadequate investigation. The findings have also been confirmed by a Natural Fruit employee who gave testimony in court.
To date no one has been held responsible for the human rights violations at the Natural Fruit plant.
''Thai authorities must show that they do not turn a blind eye to illegalities. We demand the Thai government to take Natural Fruit to court for labour rights violations,'' said Vartiala.
Natural Fruit has brought altogether four separate cases against Andy Hall. After Monday's final preliminary hearing on the criminal defamation and computer crimes case, the court will decide whether to indict Andy Hall or not.
If the court decides to indict him, Andy Hall will be arrested and detained pending bail. He then faces a trial and if found guilty and convited, up to seven years in prison.
The US State Department downgraded Thailand to a Tier 3 ranking in its 2014 Trafficking in Persons (TIP) report. The TIP report recommended that Thailand cease prosecuting criminal defamation cases against researchers or journalists who report on human trafficking, and recognise the valuable role of NGOs and workers' organisations in uncovering the nature and scope of human trafficking in Thailand.
''The actions of the Thai authorities go clearly against the recommendations in the US government report on human trafficking,'' said Vartiala.
The undersigned organisations also want to draw attention to the role of Natural Fruit in Thailand's pineapple industry.
The owner of Natural Fruit is the president of one of the two pineapple industry associations in Thailand, the Thailand Pineapple Industry Association TPIA.
In response to earlier calls on other TPIA members to urge Natural Fruit to drop charges against Andy Hall, TPIA issued threats of further legal action instead.
''The continuing leadership position of Natural Fruit in Thailand's pineapple industry should be a cause of concern also for all customers of other TPIA member companies. By siding with Natural Fruit, the other TPIA members have shown great disregard for human rights and freedom of expression - a worrying attitude to have as an employer in a sector rife with labor rights violations,'' said Vartiala.
The undersigned organisations have also written an Open Letter to the Prime Minister of Thailand on the case. The letter is available at:
http://finnwatch.org/images/OpenLetter_PMThailand_AHCase_July2015.pdf
Signatories:
International
1. Fortify Rights
2. International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
3. International Trade Union Confederation (ITUC)
4. International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Association (IUF)
5. UNI Global Union
6. International Transport Workers' Federation (ITF)
7. Walk Free Movement to end modern slavery
8. Word Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
Asia / Pacific
9. Australian Council of Trade Unions (ACTU)
10. Community Legal Education Center (CLEC), Cambodia
11. Equitable Cambodia
12. State Enterprises Workers' Relations Confederation (SERC), Thailand
13. Transient Workers Count Too, Singapore
14. Uniting Church in Australia, Synod of Victoria and Tasmania
Europe
15. Burma Campaign UK, United Kingdom
16. Fairfood International, Netherlands
17. Finnish Food Workers' Union (SEL), Finland
18. Finnish League for Human Rights
19. Finnwatch, Finland
20. Industrial Union TEAM, Finland
21. Kepa, Finland
22. Polish Institute for Human Rights and Business, Poland
23. Service Union United (PAM), Finland 24. Trade Union Pro, Finland
25. Trade Union for the Public and Welfare Sectors (JHL), Finland
26. Trades Union Congress (TUC), United Kingdom
27. Union of Health and Social Care Professionals (Tehy), Finland North America
28. Fair World Project, United States
29. International Labor Rights Forum, United States
Thai authorities better put their energy in investigating the mentioned companies ( do they violate really the thai labor laws and international human rights declaration?) rather than 'attack 'the messenger'. Seems to me a non effective approach of a very serious problem ( violation of labor laws by big influential companies).
Posted by Kurt on July 20, 2015 10:03