“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 of the international rights group.
“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," he said in a statement released today.
Following a final preliminary hearing on July 20, 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 Co and government prosecutors.
The company sued Hall in February 2013 in response to an investigative report by the organisation FinnWatch, which included information about alleged labour rights violations at the company’s factory in Prachaub Khiri Khan. 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 Bt300 million.
Human Rights Watch said 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.
Referring to its research, the group said the human rights and labour rights of migrant workers from Myanmar, Cambodia, and Laos living and working in Thailand have been regularly violated with impunity over the years. Weaknesses in Thailand’s labour protection system means they remain extremely vulnerable to labour exploitation, physical and sexual violence, and trafficking.
“Seeing Andy Hall hauled before the courts for investigating labour 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.”
Last week, around 30 NGOs and trade unions including FinnWatch demanded Thailand to end the charges against Hall. The undersigned organisations have also written an open letter to Prime Minister Gen Prayut Chan-o-cha. The letter is available at: http://finnwatch.org/images/OpenLetter_PMThailand_AHCase_July2015.pdf