Open letter to Thai Prime Minister Prayut Chan-o-cha regarding conviction of Andy Hall

Publication Date: 

December 10, 2016

Dear Prime Minister Prayut:

On this International Human Rights Day, we, the undersigned, write to you concerning the conviction of Andy Hall for criminal defamation and violations of the Computer Crime Act. Hall’s conviction was in relation to research he undertook by interviewing migrant workers and sending raw interview data to Finnwatch, which then analyzed the information and published it in the Finnwatch report Cheap Has a High Price. Finnwatch wrote and published the report online in January 2013 in Helsinki, Finland.

We are writing to you as an international coalition of civil society groups (human rights, labor, development and environmental organizations), national civil society groups, members of parliament, and corporations who seek to ensure that the rights of migrant workers and human rights defenders in Thailand are respected and protected in line with international law and standards. While we acknowledge the decision of the Bangkok South Criminal Court in this case, we remain deeply troubled about the potential of this judgment to seriously hinder the work of human rights advocates by preventing effective and confidential research and monitoring of supply chains, thereby putting migrant and other vulnerable workers at higher risk of debt bondage, forced labor and other abuse. Without basic rights like free association and collective bargaining, migrant workers in Thailand lack the means to effectively protect themselves from abuse and exploitation. This judgment could put them at even greater risk.  

In June 2016, the U.S. government highlighted Thailand’s anti-trafficking efforts by upgrading it to Tier 2 Watch List in its annual Trafficking in Persons Report. The U.S. government noted, however, that the prosecution of Andy Hall “impeded a climate conducive to preventing trafficking, discovering and reporting trafficking crimes, identifying victims, and apprehending additional traffickers.” It is extremely worrying that a Thai court has acted to criminalize the actions of Hall in contributing to professional research on alleged grave human and labour rights abuses committed by a Thai corporation. This decision will undoubtedly create a chilling effect on independent supply chain research, which benefits migrant workers and their families, the environment, the Thai government and people, and the international companies that source their products from Thailand.

We have been consulting closely in the aftermath of this decision and conclude that international brands committed to ethical sourcing are now facing a serious dilemma prompted by the conviction of Andy Hall. An increasing number of international corporations see such research as contributing important value to their decisions around sourcing and production of products. Many of these corporations have made a commitment to their customers to source and produce ethically. Increasing transparency helps international corporations to identify human rights risks and support Thai companies in efforts to improve. Any nation that hinders or obstructs supply chain research may be putting business and investment from those companies at risk.

It is important to note that during Hall’s trial, some of Thailand’s leading seafood companies and associations, as well as a leading European retailer, attested to the benefit of Hall’s research. Unfortunately, the Court’s decision sends a signal to international brands and retailers that the current environment in Thailand may not be conducive to ensuring ethical sourcing and may also embolden further prosecution of human rights defenders who report allegedly illegal practices at companies that harm human rights.

As a step toward assuring civil society, governments, and the private sector that Thailand is genuinely committed to protecting the rights of migrant workers, Thailand should decriminalize defamation and amend the Computer Crime Act to bring it into line with Thailand’s international human rights obligations. The present use of the Computer Crime Act in tandem with prosecution of human rights defenders for criminal defamation undermines the rights to freedom of expression and information of independent researchers, journalists, and human rights defenders, in violation of the International Covenant on Civil and Political Rights, to which Thailand is a party. We also urge Thailand to actively and effectively implement the UN Declaration on Human Rights Defenders to ensure that human rights defenders have a safe and enabling environment in which to carry out research, education and advocacy. Furthermore, we encourage the Royal Thai Government to ratify International Labour Organization (ILO) Core Labor Conventions, particularly Conventions No. 87 (Freedom of Association) and No. 98 (Collective Bargaining), which would empower migrant workers to protect themselves from employer abuses.

The work of Andy Hall and other human rights defenders on supply chains is essential to improving the lives of migrant workers in Thailand and their families in Southeast Asia. It also benefits all consumers of Thai products exported overseas who want to be assured that the products they buy from Thailand are produced in a manner that respects human rights. This work should be commended, not criminalized, by the Thai government.

We urge Thailand to act now to ensure that human rights defenders and migrant workers in Thailand are fully protected by:   

  1. Repealing the provisions in the Penal Code criminalizing defamation;  
  2. Amending the Computer Crime Act to bring it into compliance with international human rights law regarding freedom of expression;
  3. Actively and effectively implementing the UN Declaration on Human Rights Defenders; and
  4. Ratifying and implementing ILO Core Labor Conventions, particularly No. 87 and No. 98.

 

Sincerely,

1

American Federation of Labor-Congress of Industrial Organizations

Cathy Feingold, Director of International Affairs
 

2

Amnesty International

 

3

Anti-Slavery International

Aidan McQuade, Director

 

4

Attac Finland

Omar El-Begawy, President

 

 

5

Australia Asia Worker Links

Pier Moro, Secretary

 

 

6

Australian Council of Trade Unions

Ged Kearney, President
 

 

 

7

Axfood

Åsa Domeij, Head of Environmental & Social Affairs
 

 

 

8

Axfoundation

Carolina Sachs, Secretary General
 

 

 

9

Building and Woodworkers International

Ambet Yuson, General Secretary

 

10

Burma Campaign UK

Mark Farmaner, Director

 

 

11

Business & Human Rights Resource Centre

Bobbie Sta. Maria, Senior Researcher & Representative for Southeast Asia

 

 

12

California Institute for Rural Studies

Gail Wadsworth, Executive Director

 

 

 

13

Center for Alliance of Labor and Human Rights – CENTRAL

Tola Moeun, Executive Director

 

14

Child Labor Coalition

Reid Maki, Coordinator

 

 

15

Civil Rights Defenders

Robert Hård, Executive Director

 

 

16

Coalition of Immokalee Workers

 

 

17

Comite de Apoyo a los Trabajadores Agricolas (CATA)

Jessica Culley

General Coordinator

 

 

18

Concordia

Matthew Swift, Co-Founder & CEO

 

 

19

Consumers’ Union of Finland

Juha Beurling, Secretary General

 

 

 

20

Coop Sweden

Louise König, Sustainability Manager

 

 

21

Dalit Solidarity Network Finland

Minna Havunen, Chair

 

 

 

22

Electronics Watch

Björn Claeson, Director

 

 

23

Environmental Justice Foundation

Steve Trent, Executive Director

 

 

24

Ethical Trading Initiative

Peter McAllister, Executive Director

 

25

Dame Glenis Willmott

MEP, Leader of the European Parliamentary Labour Party

 

 

 

26

Jude Kirton-Darling

MEP, European Parliament

 

 

27

Heidi Hautala

MEP, European Parliament

 

 

28

Sirpa Pietikäinen

MEP, European Parliament

 

 

29

Liisa Jaakonsaari

MEP, European Parliament

 

 

30

Merja Kyllönen

MEP, European Parliament

 

 

31

Miapetra Kumpula-Natri

MEP, European Parliament

 

 

32

Nils Torvalds

MEP, European Parliament

 

 

33

Pirkko Ruohonen-Lerner

MEP, European Parliament

 

 

34

EuroPoultry

Mikael Kristensen, Owner

 

 

35

Fair Action

Ulrika Urey, Director

 

 

36

Fair World Project

Kerstin Lindgren, Campaign Director

 

 

37

Fairfood International

Sander de Jong, Managing Director

 

 

38

Farmworker Association of Florida

Antonio Tovar

 

 

39

Finn Church Aid

Jouni Hemberg, Executive Director

 

 

40

Finnish Food Workers’ Union SEL

Veli-Matti Kuntonen, Union Chairperson

 

 

41

Finnish League for Human Rights

Kaari Mattila, Secretary General

 

 

42

Finnish Metalworkers´ Union

Riku Aalto, President

 

 

43

Finnwatch

Sonja Vartiala, Executive Director

 

 

 

44

FishWise

Tobias Aguirre, Executive Director

 

 

 

45

Food Chain Workers Alliance

Joann Lo, Co-Director

 

 

46

Fortify Rights

Amy Smith, Executive Director

 

 

47

Freedom Fund

Audrey Guichon, Senior Program Officer

 

 

48

Frontline Defenders

Andrew Anderson, Executive Director

 

 

49

Giant Eagle

Richard Castle, Director of Seafood

 

 

50

Global Witness

Ben Leather, Campaigner

 

 

51

Green America

Todd Larsen, Executive Co-Director for Consumer & Corporate Engagement

 

 

52

Greenpeace Southeast Asia

Yeb Sano, Executive Director

 

 

 

53

Hazards Magazine

Rory O'Neill, Editor

 

 

 

54

Human Rights at Sea

David Hammond, CEO

 

 

 

55

Human Rights Now

Kazuko Ito, Secretary General

 

 

56

Human Rights Watch

Brad Adams, Asia Director

 

 

57

Humanity United Action

Ame Sagiv, Investments Manager

 

58

Hy-Vee Food Stores Inc.

Greg Frampton, V.P. Meat and Seafood Operations

 

 

 

59

Industrial Union TEAM

Heli Puura, President

 

 

60

IndustriALL Global Union

Valter Sanches, General Secretary

 

 

61

International Federation of Journalists

Anthony Bellanger, General Secretary

 

 

62

International Labor Rights Forum

Judy Gearhart, Executive Director

 

 

63

International Solidarity Foundation

Miia Nuikka, Executive Director

 

64

International Trade Union Confederation

Sharan Burrow, General Secretary

 

65

International Transport Workers’ Federation

Stephen Cotton, General Secretary

 

66

International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF)

Ron Oswald, General Secretary

 

67

Irish Congress of Trade Unions

Patricia King, General Secreatry

 

 

68

Kepa

Timo Lappalainen, Executive Director

 

69

KISA - Action for Equality, Support, Antiracism

Doros Polykarpou, Executive Director

 

70

Labor Safe Screen and Sustainability Incubator

Katrina Nakamura, Founder

 

 

71

Lawyers' Rights Watch Canada

Gail Davidson, Executive Director

 

 

 

72

Laundry Workers Center

 

73

Martin&Servera

AnnaLena Norrman, Chief Sustainability & Quality Officer

 

 

74

Migrant Workers Rights Network

Sein Htay, President

 

 

75

Multicultural Center Prague

Marek Canek, Executive Director

 

 

76

National Consumers League

Sally Greenberg, Executive Director

 

 

77

National Guestworkers Alliance

Jacob Horwitz, Lead Organizer

 

78

Norvida

Calle Ramvall, Quality and Environmental Director

 

 

79

NYU Stern Center for Business and Human Rights

Sarah Labowitz and Michael Posner, Co-directors

 

80

Olof Palme International Center

Jens Orback, Secretary General

 

81

Pioneer Valley Workers Center

Gabriella della Croce, Development Coordinator & Community Organizer

 

82

Platform for International Cooperation on Undocumented Migrants

Michele LeVoy, Director

 

83

Pro Ethical Trade Finland

Anna Ylä-Anttila, Acting Executive Director

 

84

Restaurant Opportunities Centers United (ROC)

Fekkak Mamdouh, Co-Director

 

85

S Group

Lea Rankinen, Senior Vice President Sustainability and Corporate Responsibility

 

 

86

Service Union United PAM

Ann Selin, President

 

87

Slave Free Seas

Craig Tuck, Founder and Director

 

 

88

Social Accountability International (SAI)

Jane Hwang, President & CEO

 

 

89

Stop The Traffik Australia

Carolyn and Fuzz Kitto, Co-Directors

 

 

90

Svensk Cater

Lars Carlsson, CEO

 

 

91

Swedwatch

Alice Blondel, Director

 

 

92

Teamsters Joint Council 7

Doug Bloch, Political Director

 

 

93

Tehy – The Union of Health and Social Care Professionals in Finland

Rauno Vesivalo, President      

 

 

94

Tenaganita

Glorene A Das, Executive Director

 

95

The Finnish NGDO Platform to the EU Kehys

Rilli Lappalainen, Secretary General

 

96

The Swedish Foundation for Human Rights

Jenny Jansson Pearce, Secretary General

 

97

The Trade Union for the Public and Welfare Sectors JHL

Päivi Niemi-Laine, President

 

98

Trade Union Pro

Jorma Malinen, President

 

99

Trade Union Solidarity Centre of Finland SASK

Janne Ronkainen, Executive Director

 

100

Trades Union Congress

Frances O’Grady, General Secretary

 

 

101

Transient Workers Count Too

John Gee, Chair, Research Sub-Committee

 

 

102

Tuko Logistics

Pirjo Heiskanen, Quality Assurance Manager

 

 

 

103

UNI Global Union

Philip Jennings, General Secretary

 

104

Unil

Julie Haugli Aarnæs, Manager Sustainable Sourcing

 

 

 

 

105

Union to Union

Kristina Henschen, General Secretary

 

106

Uniting Church in Australia, Synod of Victoria and Tasmania

Mark Zirnsak, Justice & International Mission

 

 

107

Verité

Shawn MacDonald, CEO

 

 

108

Walk Free

Joanna Ewart-James, Director

 

109

Wegmans Food Markets

Carl P. Salamone, V.P. Seafood Sustainability

 

 

110

Worker Justice Center of New York

Lewis Papenfuse, Executive Director

 

 

 

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