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:

Repealing the provisions in the Penal Code criminalizing defamation;
Amending the Computer Crime Act to bring it into compliance with international human rights law regarding freedom of expression;
Actively and effectively implementing the UN Declaration on Human Rights Defenders; and
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