British Activist Fighting To Avoid Thai Jail Term

[Lite Beer]

British activist fighting to avoid Thai jail term

BANGKOK, March 7, 2013 (AFP) - A British activist who could face up to seven years in a Thai prison for his investigation into alleged migrant labour abuses has decried the charges as a politically motivated attempt to silence him.

Andy Hall, a migrant consultant for the EU-funded International Management Group (IMG) and an advisor to the Myanmar government, faces civil and criminal lawsuits submitted against him by Thai fruit processor Natural Fruit, a major supplier to the European drink market.

The legal action follows a recent report Hall prepared for Finnish rights watchdog Finnwatch which accused Natural Fruit of using forced and child labour, involvement in human trafficking, unlawfully low wages and long hours.

Thailand faces a possible downgrade in the annual US Trafficking in Persons report to "Tier 3" -- on a par with countries such as Algeria, Cuba and Libya -- for failing to do enough to tackle such problems.

"Politically charged criminal and civil prosecutions against me are likely part of a wider and more aggressive campaign to silence me and my colleagues, to undermine freedom of expression more generally in Thailand, and to distract me from my work to enhance protection of migrant workers and reduce their systematic exploitation," Hall, 33, told AFP by email on Wednesday.

"Abuse against migrants remains systematic and entwined with abuse by corrupt law enforcement officials, employers and politicians themselves," he said.

Natural Fruit has submitted a criminal suit against the activist at the Bangkok South Criminal Court on charges of defamation under the computer crime act, which lawyers said could result in up to seven years in jail on each count.

The company is also seeking $10 million through a separate civil suit, accusing him of making false statements to the media, some of which posted the allegations on their websites.

"He damaged our company's reputation in his study of Myanmar migrant workers," Natural Fruit assistant marketing director Krisna Suwannang told AFP.

Hall said he stood by his research and would not attend a court hearing scheduled for April 1 unless legally obliged to do so in order to concentrate on his work. He is also considering a counter suit against Natural Fruit.

-- (c) Copyright AFP 2013-03-07

[cooked]

Don't worry about Andy, he has balls.

[JetsetBkk]

Good luck to him. I hope he has solid proof of what he's been saying - and that he has copies of it somewhere very safe.

[Fozfromoz]

Stick it up em.

And they want 10 million. Typical want something for nothing greedy bastards. Tell them to suck a bowel.

Edited March 7, 2013 by Fozfromoz

[cooked]

Google Andrew Drummond, he loves this stuff

[rgs2001uk]

Facing seven years in jail for each account and a 10 million baht fine, for telling the truth. Meanwhile a hiso oxygen thief who, in a premeditated act, drove his Mercedes at a group of people, killing one, gets a two year suspended sentence and a hug from his anger management group, having parted with the princely sum of 800k baht to the family of the deceased. Thailand, hub of f****d up countries.

Hows that Mor Muk case progressing?

Lets not forget "little miss hiso" and her Honda Civic up at Rangsit.

Remember the idiot driving the porsche that sliced the poor Loa girl in half?

Thailand, the only country in the world where you can execute someone in a packed nightclub and noone sees a thing.

[kennedy]

There are a few good people in the world, but greed rules the world now. More so than anytime in my 64 yrs.

[lungmi]

Andy has balls, Avaaz.org too.

[Morakot]

What a nonsense headline.

[simple1]

Don't worry about Andy, he has balls.

A very brave man, more than 30 human rights defenders and environmentalists that have been murdered in Thailand since 2001.

http://forcechange.com/60875/demand-that-thai-government-increase-protection-for-activists/

[culicine]

Don't worry about Andy, he has balls.

A very brave man, more than 30 human rights defenders and environmentalists that have been murdered in Thailand since 2001.

http://forcechange.com/60875/demand-that-thai-government-increase-protection-for-activists/

Thailand - showing others how to be a tin pot regime. Good luck to Andy. Maybe Thailand will grow up in the next 100 years or so...

[Bagwan]

My understanding is that it matters not a jot whether accusations are true or not. He has made the Natural Fruit Company appear in a bad light and that is an offence, both criminal and civil. Does anybody know otherwise?

I do hope that common sense will prevail because arraigning Andy Hall will attract even wider bad publicity and drag Thailand's reputation below the gutter level it currently rates. Asking him to leave the country seems to be the best option open.

[rubl]

If the 10 million is US$ is the OP suggests, that's about 300,000,000 THB. Reminds me of our most popular fugitive who also liked to sue people out of existence for saying something he didn't like.

[GentlemanJim]

My understanding is that it matters not a jot whether accusations are true or not. He has made the Natural Fruit Company appear in a bad light and that is an offence, both criminal and civil. Does anybody know otherwise?

I do hope that common sense will prevail because arraigning Andy Hall will attract even wider bad publicity and drag Thailand's reputation below the gutter level it currently rates. Asking him to leave the country seems to be the best option open.

Bagwan, your first sentence is correct. Thailand has some of the strictest and possibly most stupid defamation and slander laws in the world. It does not matter if Natural Fruit company were in fact employing under age workers or whatever, If you say it/print it and make them look bad, then they are likely to bring a successful class action against you.

[YTP]

So Lord Shaftesbury, William Wilberforce, Martin Luther King, Nelson Mandela and other right thinking people got it all wrong and should have remained silent? Hall is campaigning against crimes against humanity and should attract the support of every sentient person here. He is taking one small step on a long and probably perilous journey and I for one hope he triumphs and arrives at his destination in one piece.

No, I think what he's doing is commendable.

I'm more after that comment made by "GentlemanJim".

[JetsetBkk]

<snip>

If for any reasons the Thai way of life, it`s laws and politics start to irritate me...

<snip>

So if it was your partner that got run over by a rich kid in a Benz or rear-ended by a rich kid in a Ferrari, would that get you irritated?

[yoshiwara]

Sorry, but I think our YTP is correct in his arguments.

I live in Thailand and hopefully if all goes well, intend to stay here for the rest of my natural.

Considering that I want to live here, my choice, then I must adapt and become part of the Thai ways of thinking, including abiding and accepting the laws which I have to live under, so I have to let all this political stuff wash over my head and not become involved.

If for any reasons the Thai way of life, it`s laws and politics start to irritate me or I strongly begin to disagree with the way this whole country is run, than I would have to question the reasons, why am I here and what is the point of remaining in a country that has a system I detest? This is more or less what our YTP is saying, although he`s a little more brutal in his approach.

Believe it or not, there are many ex-pats, including myself who truly love living in Thailand and live in peace here. I consider myself extremely lucky and fortunate to have made it here at all, and certainly see no benefits in other foreigners trying to stir up the hornets nest.

It`s as YDP says and the same goes for me, if Thailand doesn`t suit then move on, otherwise what`s the point or benefits in complaining about everything?

Some people seems to be unnecessarily tying themselves up in knots trying to justify corruption and breaking of Thai laws under the bogus heading of Thai 'culture', 'thinking' etc.

[surangw]

the thai way, don't correct the situation, jail the messenger

[cooked]

What a rubbish thread this turned into. We used to talk like this in the playground.

[chooka]

If you can deliberately run down a group of people at a busstop and get a 2 yr suspended sentence then I don't think this guy has to much to worry about. Murder + suspended sentence so a civil action should not get anything

[jonclark]

YTP - Just for your info many Thai people think Thailand is a rather messed up (I'll avoid your colourful language) country. Which means those farang who agree with them are actually part of a wider social group that wants to see change.

[Jawnie]

This is your typical garden-variety SLAPP suit, a Strategic Lawsuit Against Public Participation. They are very common all over the world and the idea is to embroil the person or organization in an expensive lawsuit. Individuals and small organizations don't have the resources to defend such a lawsuit, so they are forced to give up their activities.

SLAPP suits are a big problem in the US for this reason. It's typical for big companies to claim defamation, interference with business, invasion of privacy, etc. However, some states, like California, give a judge the right to make the determination that a lawsuit is a SLAPP suit with the purpose of intimidating someone into stopping investigative work or stop opposing operations of a company. A judge can dismiss the suit for that reason. Corporations have even sued individuals for saying bad things about the corporation before public bodies in public hearings in the US. But that is in the US...this is Thailand where things are upside down in that regard.

Edited March 8, 2013 by Jawnie

[chooka]

This is your typical garden-variety SLAPP suit, a Strategic Lawsuit Against Public Participation. They are very common all over the world and the idea is to embroil the person or organization in an expensive lawsuit. Individuals and small organizations don't have the resources to defend such a lawsuit, so they are forced to give up their activities.

SLAPP suits are a big problem in the US for this reason. It's typical for big companies to claim defamation, interference with business, invasion of privacy, etc. However, some states, like California, give a judge the right to make the determination that a lawsuit is a SLAPP suit with the purpose of intimidating someone into stopping investigative work or stop opposing operations of a company. A judge can dismiss the suit for that reason. Corporations have even sued individuals for saying bad things about the corporation before public bodies in public hearings in the US. But that is in the US...this is Thailand where things are upside down in that regard.

Well that's not cricket

[monkeycountry]

Facing seven years in jail for each account and a 10 million baht fine, for telling the truth. Meanwhile a hiso oxygen thief who, in a premeditated act, drove his Mercedes at a group of people, killing one, gets a two year suspended sentence and a hug from his anger management group, having parted with the princely sum of 800k baht to the family of the deceased. Thailand, hub of f****d up countries.

+1

Couldn't have put it better myself.

That would be 10 million USD, or around 300 million Baht

[nikkoid66]

I am in Koh Chang and anyone who want to stay in Mercure Hotel (part of one of the biggest and expensive Hotel franchise in the world with +700 hotels) have to check behind the hotel where the Cambodian staff is sharing their free 'accommodation' living in huts with no bathrooms, no hot water, in the middle of garbage.

It is disgusting, and these people are working days and night with a smile on the face. Customers pay about $100 a night and Mercure is banking big $$$. The staff are paid only $100 a month.

It is good someone put a light of what is commonly accepted everywhere in Thailand.

Edited March 8, 2013 by nikkoid66

[JLCrab]

I have no idea what proof Mr. Hall has of worker rights violations. The Natural Fruit Company has over 3000+ acres of pineapple plantation and over 500 employees at their Prachuapkirikhan operations so they are very visible. Their big customers in EU (or their customers) often have stringent human rights supplier requirements lest they get pulled down by such allegations.

This would be typical as supplied by the world's largest retailer:

http://corporate.walmart.com/global-responsibility/ethical-sourcing/standards-for-suppliers

Edited March 8, 2013 by JLCrab

[SanSaiExPat]

Why do almost all of the TVF posters automatically assume this admittedly liberal anti capitalist gadfly, Andy Hall, is unbiased and accurate in his reporting on Natural Fruits? Have you looked into Natural Fruits complaint against him? He has an agenda. He is paid to attack, any and all, for profit capitalist companies. That is how he makes his living. He has damaged Natural Fruits reputation and hurt their sales by his accusations. Likewise, he has damaged Thailand's reputation. What is Nautral Fruit and Thailand by extension, suppose to do? Stand by idly while their reputation and livelihood is defamed and attacked? Natural Fruit isn't a multinational conglomerate. They are a relatively small, environmentally friendly business that provides steady employment for around 500 to 600 employees. I know the TVF posters are a highly educated group and it puzzles me why most of you just automatically suspend your natural scepticism when the issue involves an attack on a for profit business. What would you do if your company and livelihood were attacked? Yes Natural Fruits hires temporary migrant workers but they also employ over 500 full time regular workers and pay them a fair wage and benefits. Why would you support the destruction of the lives of these people and their families. If Andy Hall and Andrew Drummond had their way that is exactly what would happen. Andrew Drummond should go back to Australia and address the internal problems and issues Australia has as should Andy Hall go back to Finland and work on improving Finland. Leave Thailand and Natural Fruits alone.

[kirk0233]

A Google translation of the charges:

On the date of January 15, 2556 until January 21, 2556 during the day and night as well. Remember daring defense research based on interviews with the workers of the public prosecutor. The defendants argue that the findings reported by the mass media and public lakes attend a discussion of the defendant. Sesame Street and the media have taken the lead defendant in publishing research results to the publication and distribution of Internet number three website and other websites. Is the threats to human rights and labor rights such as employment, children under 15 years of employment and lower wages as required by law. There is no bonus for holiday and as required by law and that the plaintiff was interviewed Burmese passport confiscated their illegal states, which is not true. The defendant published the false statements made to the plaintiff, the plaintiff has been damaged by rubbing Liang infamous profanity or hate speech. Of people in the country and abroad have been known or seen in a document or on a computer system. Why is that every district is a district of Bangkok. The Punisher by Penal Code Section 326 328 332, and the Computer Crime Act BE 2550, Section 3.4.

I would think it would not be too difficult to substantiate his allegations of labor law violations by the company; portrayed by them as "profanity and hate speech."

[simple1]

I am in Koh Chang and anyone who want to stay in Mercure Hotel (part of one of the biggest and expensive Hotel franchise in the world with +700 hotels) have to check behind the hotel where the Cambodian staff is sharing their free 'accommodation' living in huts with no bathrooms, no hot water, in the middle of garbage.

It is disgusting, and these people are working days and night with a smile on the face. Customers pay about $100 a night and Mercure is banking big $$$. The staff are paid only $100 a month.

It is good someone put a light of what is commonly accepted everywhere in Thailand.

Mecure is a brand of Accor Group with 4000+ hotels in 91 countries. Accor would only pay minimum wage in their countries of operations. Perhaps on Koh Chang they deduct the cost of food & accommodation as well. Possibly the only way to improve conditions for employees of publicly listed MNCs is shareholder lobbying or locally for the Thai government to further increase the minimum wage; do you see this happening anytime in the near future?

I believe I am correct, could be wrong, that Cambodian/Burmese nationals are earning more in Thailand than their counterparts in their home country.

[JLCrab]

From The Nation report 21 JAN 2013:

"It is unusual that a company producing directly to the international market and with many high-profile customers is involved in such gross violations of fundamental rights," said Finnwatch researcher Henri Purje.

As I mentioned earlier, such is the case as NatFruit's customers in Europe would be very sensitive that they not be attacked for sourcing from a company with labor policies as alleged.

http://www.nationmultimedia.com/breakingnews/Finnwatch-reveals-labour-abuses-among-Thai-supplie-30198350.html