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NGOS call on authorities of Thailand to end the judicial harassment of lawyer Arnon Nampa

November 12, 2026

Lawyers for Lawyers (L4L), the International Bar Association Human Rights Institute (IBAHRI), The Law Society of England and Wales (LSEW) and the International Observatory for Lawyers at Risk (OIAD) condemn the latest conviction of Thai human rights lawyer Arnon Nampa under Section 112 (lèse-majesté) of the Thai Criminal Code. On 30 October 2026, Mr. Nampa was sentenced to four years in prison, subsequently reduced to two years and eight months, for speeches delivered during a peaceful assembly. This marks his twelfth conviction under the controversial lèse-majesté law, bringing his cumulative prison sentence to 34 years, five months and 20 days. Mr. Nampa has been detained since 26 September 2023.

Background: Arnon Nampa and the prosecutions against him

Arnon Nampa is a prominent Thai human rights lawyer and a founding member of Thai Lawyers for Human Rights (TLHR) who has dedicated himself to defending individuals charged under the lèse-majesté law, despite facing sustained harassment by state authorities as a result of his work. In addition to his legal practice, Mr. Nampa has participated in public discussions concerning constitutional reform, democracy, and the role of the monarchy. He received the Front Line Defenders Award for Human Rights Defenders at Risk in 2025, and the Gwangju Prize for Human Rights in 2021 in recognition of his efforts to challenge the violent crackdown on protesters during Thailand’s political unrest. His public advocacy during Thailand’s 2020–2021 pro-democracy movement has resulted in numerous criminal proceedings, primarily under the controversial lèse-majesté law, which makes criticism of the monarchy punishable by up to 15 years in prison, equivalent to the penalty for manslaughter.

https://trueheroesfilms.com/equip/digest/?sort=most&laureate=1e7ce01b-7927-41f1-b7d4-2c563ee235cc

https://www.frontlinedefenders.org/en/profile/arnon-nampa

Between 2020 and 2022, authorities arrested and detained Mr. Nampa several times in different cases. He has faced 14 separate lèse-majesté cases and has been convicted in 12 of them. In addition to the criminal proceedings, Mr. Nampa has also been subjected to disbarment proceedings before the Lawyer Council of Thailand under the Royal Patronage, which seek the revocation of his license to practice law in connection with a speech delivered during the protest on 3 August 2020. The proceedings, arising from Mr. Nampa’s exercise of freedom of expression and peaceful assembly, have remained pending for more than five years and are currently under consideration by the Lawyer Council’s Professional Etiquette Committee.

Judicial harassment and misuse of Section 112

Mr. Nampa’s prosecution forms part of a broader pattern of judicial harassment and criminal proceedings against lawyers, human rights defenders, journalists and pro-democracy activists under Section 112 of the Thai Criminal Code. The broad interpretation and application of this provision have enabled the criminalisation of peaceful expression concerning the monarchy, severely restricting freedom of expression and public debate while exposing individuals to lengthy prison sentences for exercising their fundamental rights. UN human rights experts have repeatedly called on Thailand to repeal its lèse-majesté laws, raising serious concerns about their incompatibility with international human rights standards.

The repeated prosecutions of Mr. Nampa, the accumulation of lengthy prison sentences and the persistent denial of bail raise serious concerns that criminal proceedings are being used to punish and deter legitimate human rights advocacy and peaceful political expression. The prosecution and imprisonment of a human rights lawyer for participating in public debate not only violate his fundamental rights but also undermine the independence of the legal profession. Such measures risk creating a chilling effect on other lawyers, discouraging them from engaging in human rights advocacy, representing individuals in politically sensitive cases or speaking out on matters of public interest.

These concerns are further reinforced by the findings of the United Nations Working Group on Arbitrary Detention (WGAD). In its Opinion No. 28/2024 concerning Arnon Nampa, adopted during its 100th session in August 2024, the Working Group concluded that his deprivation of liberty was arbitrary and in violation of Thailand’s obligations under international human rights law. Notably, the Working Group found that Mr. Nampa had been “deprived of his liberty on discriminatory grounds on the basis of his political or other opinion regarding the lèse-majesté law”. It therefore called on the Thai authorities to release him immediately and grant him an enforceable right to compensation and other reparations, in accordance with international law. Despite these findings and recommendations, Mr. Nampa remains imprisoned and continues to face further convictions under Section 112.

Exclusion of Section 112 in Thailand’s recently enacted amnesty law

In August 2026, Thailand enacted a law that provides amnesty to individuals charged, prosecuted, and convicted in connection with political expression and/or public assemblies between 2005 and 2025. However, the law explicitly excludes offenses under Section 112. Since November 2020, close to 300 people have been charged and/or prosecuted under Section 112, including 20 children. Among them are Mr. Nampa and at least 32 other political prisoners who are currently detained in prison.

The undersigned organisations call on the authorities of Thailand to

  1. Immediately and unconditionally release Mr. Nampa, in accordance with the findings and recommendations of the UN Working Group on Arbitrary Detention in Opinion No. 28/2024, and ensure his right to adequate compensation and other reparations;
  2. Put an end to all forms of judicial harassment against Mr. Nampa, including criminal and disciplinary proceedings arising from the legitimate exercise of his rights to freedom of expression and peaceful assembly, and ensure that he is not subjected to further reprisals for his work as a lawyer;
  3. Guarantee Mr. Nampa’s physical and psychological integrity, as well as his access to adequate medical care and legal counsel, for as long as he remains in detention;
  4. Repeal or amend Section 112 of the Thai Criminal Code to bring Thailand’s legal framework into full compliance with its international human rights obligations, particularly the rights to freedom of expression and peaceful assembly under the ICCPR, and ensure that criminal legislation is not used to suppress peaceful dissent or legitimate human rights advocacy;
  5. Amend the amnesty law to include offenses under Section 112 of the Criminal Code in the amnesty;
  6. Ensure that all lawyers in Thailand can carry out their professional activities freely, independently and without fear of intimidation, harassment or reprisals, including when representing clients in politically sensitive cases or participating in public debate, in accordance with the UN Basic Principles on the Role of Lawyers.

Signatories

Lawyers for Lawyers (L4L)
International Bar Association Human Rights Institute (IBAHRI)
The Law Society of England and Wales (LSEW)
International Observatory for Lawyers at Risk (OIAD)

Arnon Nampa

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Nice example of student HRDs at work: Berkeley

October 24, 2026
woman speaking at a podium
Kate Reeves describes her wide-ranging work in Peru, which included mapping illegal mining sites and helping local communities monitor deforestation. Photo by Maggie Andresen

Each fall, Berkeley Law’s Human Rights Center hosts an afternoon event where student fellows give presentations about their recent fieldwork. Using compelling visuals to help amplify what are often little-known threats to human rights across the world, they share insights about their work while illuminating vital issues, conflicts, and advocacy efforts.

Three Berkeley Law students — Sonali Dhawan, Kate Reeves, and Sam Klein-Markman — are among this year’s dozen fellows. Each emphasized how their summer work powerfully fueled motivation to use their growing legal skills for advancing social justice.

Working with Thai Lawyers for Human Rights to end the imprisonment and harassment of dissidents, Dhawan monitored legal proceedings against political prisoners, produced trial reports for diplomats, and prepared comprehensive recommendations on Thailand’s draft legislation regarding strategic lawsuits against public participation.

The organization’s co-founder, Arnon Nampa, is one of 48 known political prisoners in Thailand. Imprisoned for over three years as a result of his peaceful pro-democracy activism, his cumulative sentences extend past 31 years following additional court rulings. When Nampa co-founded Thai Lawyers for Human Rights after Thailand’s 2014 coup, the organization offered free legal assistance to hundreds of dissidents harassed by the military.

“Thailand’s royal defamation law criminalizes criticism of the monarchy,” Dhawan explained. “It carries sentences of three to 15 years, which is equivalent to manslaughter. Thai citizens and foreigners are unjustly prosecuted for freedom of expression and association.”…

Reeves worked for La Federación Nativa del Río Madre de Dios y Afluentes (FENAMAD), a regional Indigenous organization in the Peruvian Amazon that defends the rights of Indigenous peoples and Native communities. The organization represents 38 such communities across the Madre de Dios River basin, a major tributary for the Amazon River in southeastern Peru. Supporting the implementation of a project to protect territorial rights, fight illegal deforestation, and safeguard environmental defenders, Reeves visited numerous communities impacted by threats posing significant risks in the area — including illegal gold mining, narco-trafficking, and illegal logging.

….

Klein-Markman supported Proyecto de Derechos Económicos (ProDESC) in helping Indigenous communities organize and bring legal claims against internationally financed development projects.

This work included helping draft a complaint against Norway’s state-owned energy company Statkraft, on behalf of Mapuche-Williche communities in Chile, for a hydropower dam project in their sacred territory. “The problem with green development is that its benefits are concentrated in the Global North — with severe costs in the Global South,” he said. “These costs are further concentrated in poor rural areas, with local environmental harms, threats of violence, loss of cultural practices, and financial incentive to silence local dissent.”

ProDESC’s work in Chile resulted in filing a claim in a Norwegian court that Statkraft’s actions violated the Mapuche community’s human rights, including flooding both a site of current cultural practices and a past burial site. The organization helped apply public pressure aimed at making the project untenable in Norway, forming alliances with Norwegian Indigenous groups and building a record of harms and violations.

https://www.law.berkeley.edu/article/difference-makers-human-rights-center-student-fellows-help-protect-vulnerable-communities-worldwide

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Thai Prime Minister files criminal defamation complaint against human rights defender Yingcheep Atachanont

October 12, 2026

On 8 October 2026, the Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests urgent intervention in the following situation in Thailand.

The Observatory has been informed that a criminal defamation complaint has been filed by Prime Minister Anutin Charnvirakul against Mr. Yingcheep Atchanont, director of the Thai non-governmental organisation Internet Law Reform Dialogue (iLaw), an FIDH member organisation, in connection with his legitimate work of monitoring public affairs and promoting democratic accountability.

On 15 September 2026, Prime Minister Anutin Charnvirakul filed a criminal defamation complaint against Yingcheep under Article 326 (“defamation”) and 328 (“libel”) of Thailand’s Criminal Code with the Bangkok Criminal Court.

This development follows the announcement made by the Prime Minister on 22 July 2026 that he would take legal action against Yingcheep. The Prime Minister’s criminal defamation complaint stems from Yingcheep Atchanont’s submission of a petition to the opposition coalition in the House of Representatives on 21 July 2026, seeking a parliamentary examination of allegations that nine politicians from the ruling Bhumjaithai Party, including Prime Minister Anutin, five cabinet ministers, and three senior figures, were involved in vote manipulation during the June 2024 Senate election. According to iLaw’s investigation, evidence and witness statements suggested irregularities including candidate arrangements, the distribution of voting instructions, and the provision of financial incentives to candidates by networks linked to the Bhumjaithai Party, across different stages of the election process, which raised serious concerns over the integrity and transparency of the polls.

The Observatory recalls that since its founding in 2009, iLaw has played a prominent role in advancing democratic participation, freedom of expression, and a fair justice system in Thailand. The organisation has documented the impact of repressive laws and decrees adopted following the 2006 and 2014 military coups d’état and campaigned for their reform through public engagement and online advocacy. It has also worked to support citizen participation in legislative and constitutional reform processes, particularly through campaigns to collect signatures for proposed legislation and initiatives to amend Thailand’s military-backed 2017 Constitution. In addition, iLaw has contributed to strengthening electoral transparency by systematically documenting voting irregularities and mobilising citizens to participate in election observation.

The June 2024 Senate election gave rise to allegations of systemic fraud and vote-buying. Under a new selection system, more than 40,000 candidates voted among themselves through multiple rounds of selection at the district, provincial, and national levels to determine the 200-member Senate. The results led to public scrutiny particularly due to the disproportionately high number of successful candidates from provinces where the Bhumjaithai Party enjoyed strong electoral support…

The Observatory denounces the criminal lawsuits against Yingcheep, which appear to be in retaliation against the peaceful exercise of his right to freedom of expression, as enshrined in international human rights law, in particular in Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party.

The Observatory calls upon the Thai authorities to ensure that all complaints are dropped and urges them to take concrete steps towards the decriminalisation of defamation under Articles 326 and 328 of the Criminal Code, which are used to intimidate, silence, and harass human rights defenders in Thailand.

https://www.fidh.org/en/issues/human-rights-defenders/thailand-criminal-defamation-complaints-filed-against-human-rights

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Thailand: New FIDH report details more than a decade of lèse-majesté abuse

September 4, 2026

A new report published on 2 September 2026 by the International Federation for Human Rights (FIDH) and its member organisation Thai Lawyers for Human Rights (TLHR) sheds light on the severe human rights impacts of the enforcement of Article 112 of Thailand’s Criminal Code (lèse-majesté) since the country’s latest military coup in May 2014.

The report, titled “The unsayable – Q&A on Thailand’s lèse-majesté”, answers 15 frequently asked questions about Article 112 and its implications for human rights, civic space, the media, and democratic development in Thailand.

“The evidence of the serious human rights violation linked to the enforcement of Article 112 is overwhelming and causes great damage to Thailand’s international standing. Reform of Article 112 is long overdue and efforts by Thai civil society to peacefully campaign for such changes should be commended and protected,” said FIDH Vice-President Teppei Ono.

Statistics about lèse-majesté reflect the severity and scope of the human rights violations linked to the enforcement of Article 112. Between May 2014 and July 2026, at least 461 individuals were prosecuted under Article 112, with at least 199 receiving prison sentences. The 10 longest prison sentences imposed under Article 112 averaged approximately 30 years and six months, with the longest sentence reaching 50 years. At least 21 children were prosecuted under Article 112, with the youngest one aged 14.

As of July 2026, 29 individuals remained detained under Article 112. Of these, 12 were detained pending trial or appeal, while the judgments for the remaining 17 had become final. Among those behind bars is prominent pro-democracy activist and human rights lawyer Arnon Nampa, who has accumulated a prison term of over 31 years stemming from 11 lèse-majesté convictions for his speeches and online posts that called for monarchy reform. Three additional lèse-majesté cases remain pending.

At the international level, all the relevant key United Nations (UN) human rights mechanisms have consistently expressed their concerns over various aspects of the enforcement of Article 112 and declared it incompatible with Thailand’s human rights obligations under international law…

FIDH and TLHR call on states to use Thailand’s fourth UPR to raise their concerns over the ongoing abuse of Article 112 and make recommendations to the Thai government to bring this provision into line with international law. FIDH and TLHR also urge Thai authorities to establish a moratorium on new lèse-majesté prosecutions and to immediately release all those who are being deprived of their liberty under Article 112.

The unsayable – Q&A on Thailand’s lese majeste

The Observatory has been informed about the conviction and prison sentence imposed on Mr Arnon Nampa, a prominent pro-democracy activist, human rights lawyer, and recipient of the 2025 Front Line Defenders Award for Human Rights Defenders at Risk and four other pro-democracy activists, Ms Wanwalee “Tee” Thammasattaya, Mr Phongsatorn “Boy” Tancharoen, Mr Promsorn “Fah” Veerathamjaree, and Mr Nawat “Amp” Liangwattana.

On 30 October 2026, the Criminal Court convicted the five activists under Article 112 of the Criminal Code (“lèse-majesté”) in connection with their participation in a peaceful pro-democracy demonstration outside the headquarters of the Siam Commercial Bank (SCB) in Bangkok on 25 November 2020. The Court sentenced each of them to four years in prison, which was reduced to two years and eight months each, as the Court considered their testimonies useful.

https://www.fidh.org/en/issues/human-rights-defenders/thailand-conviction-and-prison-sentences-of-arnon-nampa-and-four

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Prime Minister should refrain from filing criminal lawsuit against human rights defender Yingcheep Atchanont

August 12, 2026

© iLaw

On 22 July 2026, Prime Minister Anutin Charnvirakul announced that he would file a criminal defamation complaint against Yingcheep Atchanont, the director of the Thai non-governmental organisation Internet Law Reform Dialogue (iLaw), an FIDH member organisation, over allegations linking the Prime Minister to irregularities in the election of the 200-member Senate, which was held between 9 and 26 June 2024. On 4 August 2026the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders, urge Thailand’s Prime Minister Anutin Charnvirakul to refrain from filing a criminal defamation complaint against Thai human rights defender Yingcheep Atchanont, in connection with his legitimate work of monitoring public affairs and promoting democratic accountability.

The legal action stemmed from Yingcheep Atchanont’s submission of a petition to the opposition coalition in the House of Representatives on 21 July 2026, seeking a parliamentary examination of allegations that nine politicians from the Bhumjaithai Party, including Prime Minister Anutin, five cabinet ministers, and three senior figures, were involved in vote manipulation during the June 2024 Senate election.

According to iLaw’s investigation, evidence and witness statements suggested irregularities including candidate arrangements, the distribution of voting instructions, and the provision of financial incentives to candidates by networks linked to the Bhumjaithai Party, across different stages of the election process, which raised serious concerns over the integrity and transparency of the polls.

The Observatory recalls that since its founding in 2009, iLaw has played a prominent role in advancing democratic participation, freedom of expression, and a fair justice system in Thailand. The organisation has documented the impact of repressive laws and decrees adopted following the 2006 and 2014 military coups d’état and campaigned for their reform through public engagement and online advocacy. It has also worked to support citizen participation in legislative and constitutional reform processes, particularly through campaigns to collect signatures for proposed legislation and initiatives to amend Thailand’s military-backed 2017 Constitution. In addition, iLaw has contributed to strengthening electoral transparency by systematically documenting voting irregularities and mobilising citizens to participate in election observation.

The June 2024 Senate election gave rise to allegations of systemic fraud and vote-buying. Under the new selection system, more than 40,000 candidates voted among themselves through multiple rounds of selection at the district, provincial, and national levels to determine the 200-member Senate. The results led to public scrutiny particularly due to the disproportionately high number of successful candidates from provinces where the Bhumjaithai Party enjoyed strong electoral support.

A separate investigation conducted jointly by the Election Commission (EC) and the Department of Special Investigation (DSI) was concluded in July 2025. The investigation found sufficient evidence to prosecute 229 individuals, including 138 senators and 91 political figures associated with the Bhumjaithai Party, in connection with fraudulent practices during the June 2024 Senate election, in violation of the 2018 Organic Act on the Acquisition of Senators. However, in March 2026, an EC subcommittee voted to overturn the earlier finding. The conflicting recommendations were subsequently submitted to the EC for a final decision, which is expected in late August 2026.

The Observatory denounces the criminal lawsuits against Yingcheep, which appear to be in retaliation against the peaceful exercise of his right to freedom of expression, as enshrined in international human rights law, in particular in Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party.

The Observatory calls upon the Thai authorities to ensure that all complaints are dropped and urges them to take concrete steps towards the decriminalisation of defamation under Articles 326 and 328 of the Criminal Code, which are used to intimidate, silence, and harass human rights defenders in Thailand.

https://www.fidh.org/en/region/asia/thailand/thailand-prime-minister-should-refrain-from-filing-criminal-lawsuit

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UN experts urge Thailand not to extradite Chinese journalist Bai Zhaodong

August 11, 2026

UN human rights experts have urged Thailand to halt the possible extradition of Chinese journalist Bai Zhaodong, warning he could face persecution, torture and other serious rights violations if returned.

United Nations human rights experts have called on Thailand to prevent the possible extradition of Chinese journalist and human rights defender Bai Zhaodong to China, warning that his return could expose him to persecution, torture and other serious human rights abuses.

In a press release, the experts urged Thai authorities to uphold the principle of non-refoulement, which bars countries from transferring individuals to places where they face a genuine risk of persecution or other serious harm.

Bai left China in 2023 after allegedly facing persecution over his human rights activities and was subsequently recognised as an asylum seeker. The UN experts said he has been held in Thai immigration detention since January 21, 2026, despite having completed a two-month prison sentence imposed in March for immigration-related offences.

The experts noted that Bai’s planned resettlement to a safe third country was reportedly blocked on two separate occasions. They also expressed concern that Chinese authorities have formally requested his extradition.

”Immigration status alone cannot justify prolonged deprivation of liberty. Human rights defenders seeking international protection must not be returned to countries where they are at risk of facing persecution, torture or other irreparable harm,” the experts said.

The statement also highlighted concerns over Thailand’s recently approved draft regulations introducing a unified and expedited deportation process for foreign nationals. The Thai Cabinet approved the framework on July 14, 2026.

https://www.firstpost.com/world/un-experts-urge-thailand-not-to-extradite-chinese-journalist-bai-zhaodong-warn-of-persecution-and-torture-14036781.html/amp

UN experts urge Thailand not to return human rights defender Bai Zhaodong to China (Press release)

https://www.ohchr.org/en/press-releases/2026/08/un-experts-urge-thailand-not-return-human-rights-defender-bai-zhaodong-china

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Front Line Defenders Award 2025

May 25, 2025

Laureates hail from Benin, Dominican Republic/Haiti, Thailand, Uzbekistan and Western Sahara

On 22 May 2025 Front Line Defenders announced the five winners of its 2025 Award for Human Rights Defenders at Risk, which was presented at a special ceremony in Dublin that morning.

Laureates from each of the major global regions (or their representatives) traveled to Ireland to accept the Award, including:

  • Africa: Luc Agblakou of Hirondelle Club International (Benin)
  • Americas: The Movement for Human Rights, Peace and Global Justice (MONDHA) (Dominican Republic / Haiti)
  • Asia and the Pacific: Arnon Nampa of Thai Lawyers for Human Rights (Thailand)
  • Europe and Central Asia: Sharifa Madrakhimova (Uzbekistan)
  • Middle East and North Africa: Mhamed Hali (Western Sahara)

“In a world that has become harsher for human rights defenders, these five courageous individuals and organisations face tremendous risks while carrying out their peaceful work to uphold the rights of their communities,” said Alan Glasgow, Executive Director of Front Line Defenders.

“These laureates are rays of light in some very dark situations of repression, discrimination and detention. Their steadfast commitment to human rights provides the solutions we need to brink humanity back from the brink, and to create a better, more just world. Governments must begin to see human rights defenders, not as a threat to their grasp on power, but as positive changemakers who can improve societies and defend the human rights of their citizens.”

For more on the Annual Front Line Defenders Award for Human Rights Defenders at Risk and its laureates see: https://www.trueheroesfilms.org/thedigest/awards/2E90A0F4-6DFE-497B-8C08-56F4E831B47D.

This year’s laureates were selected from among hundreds of candidates put forward in a secure, public nomination process carried out between November 2024 and January 2025. In addition to a cash prize aimed at bolstering their protection, the winners receive support from Front Line Defenders on digital and physical security, advocacy, visibility, wellbeing and more.

The 2025 Front Line Defenders Award winners are:

Africa

Luc Agblakou is a human rights educator and defender for LGBTIQ+ rights in Benin. He is the Founding President of Hirondelle Club International, the first LGBTIQ+ organisation promoting integration in the country. His work has led to the inclusion of LGBTIQ+ people in the strategic plan to combat HIV/AIDS in Benin as well as court rulings promoting the protection of the LGBTIQ+ community.

Americas

The Movement for Human Rights, Peace and Global Justice (MONDHA), representing the Dominican Republic and Haiti, is a non-governmental organisation (NGO) founded in 2005 with the aim of improving the living conditions of vulnerable communities, with a particular focus on women and young people in these communities. MONDHA’s work is particularly strong in support of people of Haitian descent. To achieve this goal, they implement human development programmes related to community health, legal aid, human rights and education for communities and people of Haitian descent.

Asia and the Pacific

Arnon Nampa is a human rights lawyer who volunteers with Thai Lawyers for Human Rights. TLHR was established in 2014 to provide legal assistance to alleged violators of lèse-majesté (insulting the monarchy) and HRDs targeted by the authorities following the military coup of 22 May 2014. Arnon Nampa has defended numerous individuals accused of lèse-majesté under Article 112 of the Criminal Code, including the cases of several jailed HRDs.

Europe and Central Asia

Sharifa Madrakhimova is an Uzbekistani woman human rights defender, journalist, and respected community leader from the Fergana region. As a freelance reporter, she collaborates with various media outlets in Uzbekistan.[https://www.frontlinedefenders.org/en/statement-report/uzbekistan-front-line-defenders-award-winner-sharifa-madrakhimova-was-prevented]

Middle East and North Africa

Mhamed Hali from Western Sahara is a dedicated human rights defender and a member of the Sahrawi Association of Victims of Grave Human Rights Violations committed by the Moroccan State (ASVDH). He holds a doctorate in international humanitarian law, and currently serves as the Secretary General of the Association for the Protection of Sahrawi Prisoners in Moroccan Prisons (LPPS).

https://www.frontlinedefenders.org/en/statement-report/five-courageous-human-rights-defenders-receive-front-line-defenders-award

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UNDP report says Thai human rights defenders are targeted by businesses

February 23, 2024

A new UN report claims that, between 2001 and 2021, 30% of outspoken Thai activists experienced violence resulting in a loss of life, by the businesses against which they had campaigned. Released by the United Nations Development Programme (UNDP), on 11 February 2024, the report says that businesses have used legal action, intimidation and violence to silence human rights defenders.

The categories of abuse faced by human rights defenders, per the report.

Activists, affected villagers and attorneys are among the groups considered to be human rights defenders in the report. Over the last 25 years, businesses filed 109 lawsuits against human rights defenders. 68.9% of these were by those with stakes in the mining, livestock and energy industries.

One anonymous interviewee said the lawsuits are used as strategic roadblocks and that they found themselves “going to court approximately once a month, incurring expenses and losing time.” Outside of the judicial system, human rights defenders were reportedly spied upon, or threatened with violence and job loss.

“After making a turn in my car, someone fired shots at me,” claims another anonymous interviewee, adding “I was in the orchard, a single home in the orchard. It was dark. Five shots were fired. I did not report the case, thinking it was an act of intimidation.”

4% of human rights defenders have died or been forcibly disappeared in the 25 years covered by the report, published on February 12th, the International Day for the Prevention of Violent Extremism.

In 2015, Thailand pledged to work towards the fulfilment of the UN’s 17 Sustainable Development Goals (SDGs), alongside other members of the organisation. SDG 16, one of the goals, asks countries to “uphold peace, justice and strong institutions,” and another, SDG 10, aims for “reduced inequalities”.

The report recommends that government and relevant agencies recognize the status and importance of human rights defenders and develop measures that protect them from violence and harassment.

https://www.undp.org/thailand/blog/human-rights-defenders-reports

https://www.thaipbsworld.com/undp-report-says-human-rights-defenders-are-targeted-by-businesses-30-are-victims-of-violence-resulting-in-loss-of-life

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Interview with labour rights defender Prak Pheaktra

January 20, 2024

On 9 January 2024, Global Voices posted an interview with labour rights defender Prak Pheaktra. [This article by Klaing Kimhuoy was originally published by Prachatai, an independent news site in Thailand. An edited version has been republished by Global Voices under a partner content-sharing agreement.]

Despite threats from the Cambodian government, who claim he is damaging the country’s image, 39-year-old Prak Pheaktra, a Cambodian migrant worker-turned-advocate, is striving to help other Cambodian workers facing unfair treatment from their employers.

In 2000, Pheaktra, who is from Pusat province, came to Thailand to find work. His family was facing financial difficulties after the death of his mother, and his father could no longer afford to send him to school. Chasing the promise of better pay and less strenuous work, he decided to come to Thailand.

Pheaktra started out working as a construction worker in Don Mueang province, but he later faced exploitation and abuse from his employer. Once, his employer withheld wages and threatened legal action against him. Having experienced first-hand the unfair treatment and exploitation of migrant workers in Thailand, he became an advocate so he could help other workers get fair treatment in the workplace.

Pheaktra’s dedication led him to become a Khmer-Thai interpreter for the Ministry of Labour of Thailand in from 2018–2019, where he began studying Thai law. After completing his ministry contract, he joined the Labor Rights Promotion Network (LPN) in 2019–2020 as a Complaints Receiving Officer.

Having worked with both government and civil society, he is now working as an independent advocate for migrant workers. He offers assistance to workers dealing with wage issues, pressure from employers, sexual harassment, and other threats — all pro bono. He also uses social media to educate workers on how to legally live and work in Thailand and warn them of exploitation by brokers. He works with NGOs as part of research projects, including one on child exploitation in Phuket and another on labour abuses faced by fishing boat workers.

However, his advocacy has attracted criticism and threats, including from Cambodian officials, who claim he could damage the Cambodian government’s public image. Last February 2023, when he assisted 10 Cambodian workers in Samut Prakan whose employer wasn’t paying them, he faced some questions from the chief of the Labour Attaché Office at the Cambodian Embassy. When he was in Rayong working on another case, he was asked if he knew that what he was doing could affect the public image of the Cambodian government and was threatened with having his passport revoked.

The chief of the Labour Attaché Office threatened to revoke my passport if I continued to engage in activities that negatively impact the public image of the Cambodian government. I said, you can block my passport if you think what I am doing is really wrong. I’m not afraid.

He has also faced threats from Thai officials, who he observed can be biased in favour of employers and accuse him of putting excessive trust in the workers. He gave an example of a particular case he worked on where an inaccurate resolution led to a worker being unfairly blamed.

He suggested the need for greater accuracy within the Ministry of Labour’s processes and expressed frustration at being accused of trusting workers too much. He’s urging a more balanced approach to better serve the rights and interests of migrant workers.

Despite the threats he faces, Phaektra persists. “I love what I’m doing right now, and I will continue to help Cambodian workers no matter what,” he said.

Those who have worked with Phaektra described him as kind and dedicated. Prum Somnang, a Cambodian worker at a plastic bag factory, was assisted by Phaektra after being abruptly dismissed by her Thai employer, citing lack of work. Somnang had worked there for ten years and was laid off along with 40 other workers. Her employer wanted to sue her, she said, because she started a protest against the layoff. At the same time, her visa was expiring in seven days, and she needed to find a new job within the week. Her friend advised her to seek help from Pheatra.

“He’s very kind. He helped me get money back from the employer and even assisted me in finding a new job before my visa expired,” Somnang said…

Pheaktra said that one key concern about the lives of migrant workers in Thailand is the risk of falling victim to scams orchestrated by middlemen or company representatives when filing documents. Pheaktra emphasized the need for workers to take charge of their documentation to prevent such scams.

Looking ahead, Pheaktra expressed a commitment to continue social work aimed at assisting migrant workers. Despite the presence of numerous NGOs and institutions offering help, some workers hesitate to seek assistance directly due to concerns about influential individuals associated with these organizations. Pheaktra sees himself as an advocate for migrant workers, standing by their side and addressing their problems.

https://globalvoices.org/2024/01/09/advocate-for-migrant-rights-persists-despite-threats-from-thai-and-cambodian-officials/

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HRW asks to drop charges against Human Rights Defenders in Thailand

March 20, 2023
Three Thai human rights defenders—Angkhana Neelapaijit, Puttanee Kangkun, and Thanaporn Saleephol—face criminal defamation charges for reporting abuses.
Three Thai human rights defenders—Angkhana Neelapaijit, Puttanee Kangkun, and Thanaporn Saleephol—face criminal defamation charges for reporting abuses. © 2022 Prachatai

Prosecutors in Thailand should immediately withdraw the criminal defamation cases brought by Thammakaset Company Ltd. against three prominent human rights defenders for their support of other activists facing criminal charges, Human Rights Watch said on 16 March 2023. The Thai government should act to repeal criminal defamation provisions and introduce strong safeguards to prevent the use of frivolous, vexatious, or malicious legal actions that would have chilling effects on free speech.

On March 14, 2023, the Bangkok South Criminal Court began the trial that involves 28 counts of alleged criminal defamation under Thailand’s Criminal Code sections 326 and 328. The charges stem from posts or re-posts on social media by Angkhana Neelapaijit, Puttanee Kangkun, and Thanaporn Saleephol expressing solidarity with other human rights defenders already facing lawsuits brought by Thammakaset for alleging labor rights abuses at the company’s chicken farm in Lopburi Province. The company has filed at least 37 civil and criminal cases against rights defenders, journalists, and workers since 2016.

See also: https://humanrightsdefenders.blog/2022/03/03/fortify-rights-calls-on-thailand-to-drop-charges-against-human-rights-defender-angkhana-neelapaijit/

“The Thai authorities should not help companies use criminal defamation or other legal avenues to silence workers from filing complaints about their working conditions or human rights defenders or journalists for reporting about alleged abuses at the company,” said Elaine Pearson, Asia director at Human Rights Watch. “The charges against Angkhana, Puttanee, and Thanaporn should be immediately dropped, and Thai authorities should act to prevent similar cases from being filed in the future.”

The United Nations Human Rights Committee has stated in its General Comment No. 34 on freedom of expression that governments “should put in place effective measures to protect against attacks aimed at silencing those exercising their right to freedom of expression, including persons who engage in the gathering and analysis of information on the human rights situation who publish human rights-related reports.”

On December 16, 2022, the UN Working Group on Business and Human Rights urged Thai authorities to take action to stop the Strategic Litigation Against Public Participation (SLAPP) lawsuits increasingly used by Thai companies to intimidate reporters and human rights advocates.

The Working Group specifically mentioned Thammakaset, stating that: “The cases filed by companies, such as Thammakaset Company Limited, against human rights defenders are a clear example of businesses abusing the legal system in order to censor, intimidate, and silence criticism through SLAPPs as a method of judicial harassment.” See also: https://humanrightsdefenders.blog/2022/04/28/eu-finally-moves-on-law-to-protect-media-from-legal-abuse-slapps/

Thai Prime Minister Prayut Chan-ocha has repeatedly emphasized the importance of companies respecting human rights in their operations and upholding the UN Guiding Principles on Business and Human Rights. In October 2019, Thailand was the first country in Asia to announce a National Action Plan on Business and Human Rights, committing to protect human rights defenders and prevent judicial harassment. But the charges against Angkhana, Puttanee, and Thanaporn, as well as the failure to assist those still facing many of the other civil and criminal cases filed by Thammakaset, stand in stark contradiction to the Thai government’s pledges to take action to protect rights, Human Rights Watch said.

In 2018, the National Assembly amended the Criminal Procedure Code to prevent the misuse of criminal cases. While that is a useful step, the Thai government should repeal all criminal defamation provisions. Neither prosecutors nor courts in Thailand have actually carried out, much less considered, amended section 161/1, which allows judges to dismiss and forbid the refiling of a criminal complaint by a private individual if the complaint is filed “in bad faith or with misrepresentation of facts to harass or take advantage of a defendant.” Furthermore, section 165/2 allows the presentation of evidence to show that the complaint “lacks merit.”

These reform provisions of the Criminal Procedure Code remain unused and untested, though. It is also crucial to provide prosecutors with adequate resources and support to exercise their powers under section 21 of the 2010 Public Prosecutor Organ and Public Prosecutors Act to screen out frivolous cases.

Human Rights Watch, along with an increasing number of governments and international agencies, has consistently called for the repeal of criminal defamation laws because they are an inherently disproportionate punishment for expressions of speech judged to damage reputations. Civil defamation laws, when supplemented by strong anti-SLAPP safeguards, balance the need for fair reporting in the public interest with concerns about reputational harm to private actors. In addition, as the charges against Angkhana, Puttanee, and Thanaporn show, criminal defamation laws in Thailand are easily abused and can have adverse impacts on free expression in the public interest.

Thailand should enact comprehensive anti-SLAPP legislation to strengthen safeguards to protect freedom of speech and expression and prevent retaliation against workers, human rights defenders, and journalists, Human Rights Watch said.

The UN special rapporteur on rights of freedom of peaceful assembly and association recommended that “States should protect and facilitate the rights to freedom of expression, assembly and association to ensure that these rights are enjoyed by everyone” including by “enacting anti-SLAPPs legislation, allowing an early dismissal (with an award of costs) of such suits and the use of measures to penalize abuse.”See also: https://humanrightsdefenders.blog/tag/strategic-lawsuits-against-public-participation-slapps/

“The UN and governments from around the world should share with Thailand their reform efforts to strengthen anti-SLAPP protections and point out that criminal defamation laws coupled with the absence of strong anti-SLAPP protections impede the ability of businesses to conduct essential human rights and environmental due diligence,” Pearson said. “Unless the Thai government moves now to protect Angkhana, Puttanee, and Thanaporn from retaliation, the promises that Thai officials made on business and human rights will ring hollow.”

https://www.hrw.org/news/2023/03/16/thailand-drop-charges-against-rights-defenders

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