Conviction of migrant rights advocate a blow to human rights research, parliamentarians warn
September 20, 2016
JAKARTA, 20 September 2016 — Parliamentarians from across Southeast Asia today condemned the conviction of migrant workers’ rights advocate Andy Hall on charges of criminal defamation for his research into conditions for migrant workers in Thailand. Members of ASEAN Parliamentarians for Human Rights (APHR) warned that the ruling threatens to have a chilling effect on other researchers and advocates striving to protect the rights of migrant workers and other vulnerable groups around the region.
“Andy Hall has spent years working to protect the rights of marginalized workers in Thailand. He should be commended for his efforts, not fined and sentenced. This case amounted to legal harassment of a dedicated human rights defender, and today’s verdict is a major setback for free expression and principled advocacy,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.
A court in Bangkok this morning found British activist and researcher Andy Hall guilty of defamation, sentencing him to a suspended three-year prison term and fining him 150,000 Thai baht. The Natural Fruit Company sued Hall in 2013 following the publication of a report by Finnish NGO Finnwatch on conditions for migrant workers in the company’s factory in Thailand’s Prachuap Khiri Khan province. Hall conducted research for the report, which alleged that workers at the factory were being made to work long hours and being paid below minimum wage, among other abuses.
“The Thai authorities should be investigating alleged abuses by the companies employing these workers, not going after those working to uncover them,” Santiago said.
“Too often, migrant workers in Thailand are subjected to conditions that are simply unacceptable. Andy Hall was providing a valuable service to the millions of migrant workers from Myanmar and other countries, who toil every day with no guarantee of basic security or access to justice. It is a perversion of justice for Mr. Hall to be targeted for his actions. Sadly, the many thousands who are surely inspired by his work could be discouraged as a result of this ruling, fearing for their own security.”
In criticizing the decision to prosecute Hall, APHR also called for the repeal of criminal defamation statutes in Thailand and neighboring countries and an end to their use against human rights defenders.
“Criminal defamation laws should be repealed across the board,” said Santiago. “There is simply no reason why reputational harm to a company or individual should be punishable by jail time. Such penalties are disproportionate and go against universally accepted principles of free expression.”
Multiple ASEAN countries have criminal defamation laws on the books and have used them to go after rights defenders. Officials from prominent intergovernmental organizations, including the UN, have previously called for the abolishment of criminal defamation laws, arguing that they do not constitute a justifiable restriction on freedom of expression.
ASEAN Parliamentarians for Human Rights (APHR) was founded in June 2013 with the objective of promoting democracy and human rights across Southeast Asia. Our founding members include many of the region's most progressive Members of Parliament (MPs), with a proven track record of human rights advocacy work.