CNN 13th Oct 2023: Thai deaths in Hamas massacre spotlight poor agricultural migrant workers from Asia who toil in Israel’s fields

Migrant workers from Asia stuck in Israel’s fields following recent escalations in the Middle East. Like his father Chumporn and dozens of other able-bodied men from their village in northeast Thailand, Manee Jirachart moved to Israel in search of work, dreaming of a better life.

Original source: CNN Bangkok by Heather Chen and Kocha Olarn – 13th October 2023.

Jobs were hard to come by within his rural community, so when Manee found a cleaning position at a government office in southern Israel near the Gaza Strip, it seemed like a real opportunity.

He’d been working that job for nearly five years when he was abducted and taken hostage last weekend by Hamas militants involved in last weekend’s murder and kidnapping rampage within Israel.

The 29-year-old was just one of the scores of foreigners who became caught up in the attack that has devastated families around the world.

Dozens came from countries like the United States, Canada, the UK, and France, with many holding dual Israeli citizenship and living in the kibbutzim targeted by Hamas gunmen or had been partying at the music festival where so many were killed. 

But among many of the foreigners killed and captured by Hamas were also migrant workers from Asia, without familial links to either Israel or the Palestinian Territories, who hail from mostly poor, rural families and work in the country’s agricultural, construction and healthcare sectors. 

At least 10 Nepali agriculture students were killed when the Hamas militants stormed the Alumim kibbutz, an agrarian community near Gaza, and another Nepali is missing, the country’s ambassador to Israel told CNN. 

Two Filipinos were also killed, according to the Philippines government.

But it is Thailand, which for decades has made up one of the biggest sources of migrant labor in Israel, that has suffered one of the highest tolls of any nation beyond Israel itself. 

So far, at least 21 Thai nationals have been killed as of Thursday, according to Thai authorities, with at least 14 others believed to have been captured by Hamas, their current whereabouts unknown, Prime Minister Srettha Thavisin confirmed.

“Thailand has dominated the foreign migrant worker market in Israeli agriculture for the past decade,” said Phil Robertson, Deputy Asia Director at Human Rights Watch. 

“As many as 20,000 Thai workers were living on various remote farms and desert areas all over Israel, including areas close to the Gaza Strip, so it isn’t surprising at all that many were right in harm’s way when Hamas fighters arrived.” 

Each day this week, the number has ticked as more details become known, sparking fresh heartbreak for Thai families living thousands of miles from the Middle East’s latest conflict. 

In an interview on Thai television, Labour Minister Phiphat Ratchakitprakarn said that around 5,000 Thais were employed in the “fighting zone.” Thousands of them are now hoping to return home to worried families, he added. 

With Israel massing hundreds of thousands of troops on the Gaza border amid speculation there could be a ground invasion, many in Thailand fear they could yet become caught in the crossfire.

‘Begging for my son’s release’ in Israel

Manee had talked to his father Chumporn on the phone just hours before the attack.

“I had spoken with Manee in the morning and we were supposed to talk again in the evening,” Chumporn told CNN in a phone interview. 

At the time, rockets were being fired toward Israel and this reminded the elder man of his own experiences living and working there. Aware of how quickly the dangers could escalate, the 50-year-old urged his son not to go outside, other than to find a bunker and hide if he needed to.

But hours later, he saw photos circulating on social media showing his son with his hands behind his back, sitting barefoot and cross-legged with other male hostages in front of an armed fighter pointing a rifle. 

The photo, verified by Chumporn and seen by CNN, showed what looked like an underground room. 

“I couldn’t believe it. I thought it was some kind of prank,” Chumporn said. “I called him several times but there was no answer – that was when I started to believe it was real.”

“We (Thais) are not involved in any of the conflict between Israel and Palestine. We are just there to work and earn money so we can have better lives,” he added. 

“I am begging for my son’s release. I need to have him back in good shape – like before he left Thailand.”

‘Palestinian workers weren’t welcome anymore’

Migrant workers from Asia make up more than half of Israel’s foreign work force, often taking on jobs as caregivers and within the construction industry. 

Construction workers from China, where multiple firms maintain lucrative contracts with real estate developers in Israel, have found themselves caught up the violence this week. 

One of the Filipinos killed, Paul Castelvi, had been working in Israel for five years and was a major breadwinner for his family, who expressed disbelief over his death at the hands of Hamas fighters.

“He was among those employed taking care of elderly people when Hamas fighters entered their home,” Castelvi’s elderly father Nick told CNN affiliate CNN Philippines at their home in San Fernando city in the northwestern Pampanga province. 

“They were heartless and did not show any mercy.” 

“You can ask anyone and they will tell you how kind and good my son was. He (would have) put up a fight to defend his employer and was shot there while they (Hamas fighters) took his employer and left Paul there to die with a gunshot wound,” he said, breaking down in tears. 

“We are left devastated by his loss. He was just there to earn a living so why would they do that to my son?”

Assia Ladizhinskaya, spokesperson for Kav LaOved, a non-profit advocating for labor rights in the region, said part of the reason for this was that an earlier “massive wave of terror acts in Israel” meant “Palestinian workers weren’t welcome anymore.”

“During the 1990s, migrant workers (began to) replace Palestinians working in construction sites and agriculture fields as Palestinians workers became unwelcome and ‘unreliable’ due to regular lock downs and security issues,” Ladizhinskaya added.

Now many have found themselves caught up in those same security issues as a seemingly intractable conflict that has festered for decades without resolution flares up once more. 

Human Rights Watch called for the “immediate and unconditional release” of all hostages and said that Thai workers, along with Nepalese and Filipinos, “were simply there to earn money to support their families. 

“Such targeting of civilians is clearly a war crime and inexcusable in any circumstance,” said Robertson.

‘Survivors return home’ from Israel

Meanwhile, the first flight of 41 Thai landed in Bangkok on Thursday – many recounting harrowing escapes as they reunited with tearful family members. Agency photos and videos showed two were being through the airport in wheelchairs.

Migrant workers migrating to dangerous conflict zones in search of work, with little protection and legal enforcement, has been a “big issue for decades,” said British researcher and migrant worker rights specialist Andy Hall.

“It’s clear there is a strong market for them and little regulation by governments,” Hall told CNN. Many even pay massive amounts of money as part of high recruitment fees to take up jobs, he added. 

Thailand itself is a major destination for migrant workers, mainly from poorer neighboring countries like Cambodia and Laos, as well as war-torn Myanmar. 

“It only shows the desperation of the situation and stronger protocols are needed to protect people even before they migrate. There needs to be more risk assessments and detailed consideration (on the part of authorities).” 

For now, many of those workers in Israel find themselves trapped in a region described by the UN as at a “tipping point” as tensions escalate and Israeli retaliation against Gaza accelerates.

Then there are those who, like Manee Jirachart, find themselves hostage in a foreign land they hoped would help them have a better life.

There are up to 150 hostages being held in Gaza, Israeli authorities believe. It is unclear how many are foreign nationals.

“Scores are being held captive, facing appalling threats to their lives,” said the UN’s top humanitarian official Martin Griffiths in a statement released this week.

“The violence must stop. Those held captive must be treated humanely. Hostages must be released without delay.” 

See also: 12th Oct 2023: ‘We lie on the floor till someone buys us’: shocking allegations of UAE agencies’ abuse of domestic workers.

See also: 10th Oct 2023: McDonald’s and Amazon’s ties to alleged labor trafficking: Five key takeaways.

See also: 14th August 2023 – Rubber giant Ansell accused of abandoning Myanmar workers in Thailand.

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Thai Poultry Farmer – The Reality Behind SLAPP or Defamation Cases – Comments by Andy Hall

No one (beyond the sometimes highly paid lawyers prosecuting the cases) ever actually wins from SLAPP or defamation cases like these. The financial, mental and physical costs are very high for all involved. Very sad to see these kinds of cases continuing.

See related articles at: 5th May 2022: Statements against ATA/Dyson related manpower company director in Malaysia not defamatory, says migrant activist Andy Hall facing $US14million defamation lawsuits.

Original article available at: BBC By Jonathan Head BBC News, Bangkok – 30th August 2023.

Thammakaset: Thai poultry farmer loses his 36th defamation suit

Three Thai human rights campaigners have been found not guilty of criminal defamation over social media posts.

Thai poultry farmer/businessman Chanchai Pheamphon accused the women of posting comments in support of others he had sued.

The comments were about the alleged abuse of migrant workers at his chicken processing factories.

Mr Chanchai, has lost all but one of the 37 cases he has filed, a record for Thailand where plaintiffs can sue for defamation quite easily.

He had argued that people reading the campaigners’ posts might be encouraged to go to a 107-second video, made by a human rights group, which he believed had defamed him.

On Tuesday in court, the judge reached his verdict in less than 10 minutes. To find that video people would have to click on several links, he said. He concluded there were no grounds for convicting the defendants.

“I can’t say I am happy with the verdict because I don’t think I did anything wrong from the beginning, and the plaintiff shouldn’t even sue me,” said one of the defendants, Angkhana Neelapaijit, after leaving the court.

A member of Thailand’s National Human Rights Commission, she faced a jail term for up to eight years. She was cleared along with Puttanee Kangkun and Thanaporn Saleelphol.

It took the court nearly four years since the defamation complaint was filed to reach what looks like an almost inevitable verdict. For the defendants it has been a stressful and costly ordeal. Ms Angkhana has been campaigning against injustices since her husband, Somchai, a human rights lawyer, was abducted and disappeared 19 years ago. She has been appointed to the UN Working Group on Enforced or Involuntary Disappearances.

Thailand’s punitive defamation laws have long been criticised for stifling free speech. They have been described by some as a legal blood-sport, used by politicians and businesspeople, in particular against journalists and activists who publish anything negative about them.

“We’ve wasted four years,” Ms Angkhana said. “We’ve spent so much money on hiring lawyers or travelling costs. It’s been such a trauma, it affects my mental [health] and my work. This is something that cannot be measured.

• The young radicals shaking up the Thai election

Many countries make defamation – publishing comments judged to damage a person or organisation’s reputation – a criminal offence. But in very few is it used, and abused, as liberally as in Thailand. The human rights group Article 19 says Thai statistics show that 25,000 criminal defamation cases have been filed with the courts since 2015, in what the UN says amounts to judicial harassment.

Under Thai law truth is not a defence in defamation cases. Even if what the defendant has said is demonstrably true, even if the plaintiff admits it is true, the defendant can still be found guilty, unless they can show there is a public interest in publishing.

Plaintiffs do not have to convince the police or a prosecutor to take up the case – they can take their complaint directly to court, at very little cost, and Thai judges almost always take them to trial, regardless of their merits. Defendants must then take on the considerable costs of getting legal representation in cases that might last several years, and these costs are not reimbursed even if they win their case.

This particular case began in 2016 when 14 migrant workers in the Thammakaset chicken processing plant complained that they had been made to work excessively long hours and had their passports withheld. The Thai authorities upheld their complaint and ordered the company to pay the workers 1.7 million baht ($50,000) in compensation. But Mr Chanchai then started filing criminal charges – 37 of them, against 22 individuals, who had commented about the case.

“The cases filed by companies, such as Thammakaset Company Limited, are a clear example of businesses abusing the legal system in order to censor, intimidate, and silence criticism,” says the UN Human Rights Council. “We are deeply concerned that human rights defenders are facing prison sentences and heavy fines for exercising their right to freedom of expression.”

For his part Mr Chanchai says he is only exercising his right to defend his company’s reputation with his epic litigation. He has lost every case but one, and that one case was overturned on appeal.

In a strikingly similar case, a pineapple processing company in southern Thailand filed multiple criminal and civil charges against British labour activist Andy Hall in 2013 over a report he helped research which alleged that the company had mistreated its workers.

The trials and appeals went back and forth, alternately finding Mr Hall guilty and not guilty, sometimes overturning these verdicts, for seven years, eventually forcing the activist to leave Thailand because he said the endless court appearances were preventing him from working.

When asked why he kept going, the elderly owner of the pineapple processing company told the BBC he could not stop because he felt he had lost face.

There have been many appeals made to Thailand by the UN, by human rights groups and by many Western governments, to find a way to curb the number of criminal defamation prosecutions. Quite apart from the damaging impact on people and freedom of expression, these thousands of cases clog up the Thai courts and slow down an already sluggish judicial system even further.

In 2018 the Thai criminal procedure code was amended to allow judges to dismiss similar cases filed repeatedly by the same plaintiff, or which are filed in bad faith. The 37 Thammasaket cases would appear to meet that criteria. The lawyer representing the three women had asked the judge to dismiss their case on these grounds, but he refused. The International Commission of Jurists says it is not aware of any case in which this amendment has been invoked to reject a criminal defamation complaint.

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Original Article Available – The Gaurdian – By Emily Dugan

Thai police and civil servants have begun screening more than 100 former workers at a factory that supplied Tesco to determine if they were victims of forced labour.

The Guardian revealed last week that Burmese workers who produced F&F jeans for Tesco in Thailand had reported being trapped in their work, enduring 99-hour weeks for illegally low pay in appalling conditions.

Thailand’s department of labour protection and welfare conducted interviews with former workers at VK Garment factory (VKG) on Wednesday, alongside police at an immigration building in Mae Sot. Police said the interviews were due to continue on Thursday.

The move follows a raid by Thai police at the factory last week, less than 48 hours after the Guardian published its first article alleging sweatshop conditions. 

Tesco faces a landmark lawsuit in the UK from 130 former VKG workers and a seven-year-old girl, who was raped in accommodation within the factory compound while her mother worked late making F+F clothes. They are suing Tesco for negligence and unjust enrichment and say they were paid as little as £3 a day to work until 11pm with just one day off a month.

The workers made F&F jeans and other clothes for the Thai branch of Tesco’s business between 2017 and 2020. Tesco, which had no role in the day-to-day running of the factory, said the allegations were “incredibly serious” and that it would have ended its relationship with the supplier “immediately” if it had identified issues of the kind at the time.

Oliver Holland, a solicitor leading the case at the law firm Leigh Day, said: “We are aware that the Thai authorities are today investigating the VK Garments factory used by Tesco to make F&F clothing, including interviewing over 100 of our clients to find out whether forced labour was occurring at the factory.

“Our clients allege that they experienced issues such as retention of identity documents, retention of wages, lack of freedom of movement, intimidation, threats, physical and sexual violence. These all fall under the International Labour Organization’s (“ILO”) indicators of forced labour.”

He added: “While it is positive that some action is now being taken, we do not believe that an investigation conducted more than two years since our clients worked at the factory can be a thorough investigation. It is illustrative of the lack of protection that is afforded to Burmese migrant workers in Thailand, who find it almost impossible to achieve justice in Thailand.”

The same workers have also been seeking justice in the Thai courts after being dismissed from the factory in 2020. They say they were dismissed after they confronted the factory about pay and conditions and asked to be paid the minimum wage.

The Thai labour court ruled in September that they were only entitled to severance pay and notice pay but an appeal was lodged in December reiterating their case for the payment of unpaid overtime, holidays and illegally low wages.

Phyo Phyo Mar, a former line leader at VKG, was one of 21 former workers who spoke to the Guardian about conditions. She was interviewed by officials on Wednesday but said the authorities’ approach to their case so far did not fill her with confidence that the case could be resolved using the Thai justice system.

“I feel as if they turned blind eyes to us,” she said, “because of this experience, I don’t have much hope.”

Roisai Wongsuban, of the charity Freedom Fund, which has been supporting the workers, said: “I am glad to see that the Thai authorities took action to screen for forced labour and trafficking victims. Irrespective of the case, the screening should have been conducted in 2020, when workers filed the complaint and shared details of labour violations and human rights abuse with the labour inspector.

A Tesco spokesperson said: “Protecting the rights of everyone working in our supply chain is absolutely essential to how we do business. In order to uphold our stringent human rights standards, we have a robust auditing process in place across our supply chain and the communities where we operate.

“We understand the Thai labour court has awarded compensation to those involved, and we would continue to urge the supplier to reimburse employees for any wages they’re owed.”

Sirikul Tatiyawongpaibul, the managing director of VKG, did not comment on the latest interviews but previously said nothing illegal had been found at the factory.

“We have provided safe working conditions to all employees,” she said. “We are regularly audited by independent auditors who are not affiliated with the company to maintain good working conditions for our employees and as required by law.”

Tatiyawongpaibul has disputed reports in the Guardian about her factory, calling them “hearsay”. She said the claims should be presented in court and could not be commented on, given the pending appeal in Thailand. 

(23rd Dec 2022, Guardian) Thai police raid former Tesco clothing supplier at centre of sweatshop claims

https://www.theguardian.com/business/2022/dec/23/thai-police-raid-former-tesco-clothing-supplier-centre-sweatshop-claims

VK Garment factory in Mae Sot is subject of a UK lawsuit against the supermarket from 130 ex-workers

Thai police have raided a clothing factory previously used by Tesco that is the subject of a UK lawsuit over alleged sweatshop conditions.

The Guardian revealed earlier this week that Burmese workers who produced F&F jeans for Tesco in Thailand reported being trapped in, in effect, forced labour, working 99-hour weeks for illegally low pay in appalling conditions.

Thailand’s deputy national police chief, Gen Surachet Hakparn, personally led a raid at the VK Garment factory (VKG) in Mae Sot on Tuesday. With a team of senior police and labour officials, they checked VKG’s working conditions and interviewed workers.

Tesco faces a landmark lawsuit in the UK from 130 former VKG workers and a seven-year-old girl, who was raped in factory accommodation while her mother worked through the evening making F+F clothes. They are suing Tesco for alleged negligence and unjust enrichment.

The workers in the lawsuit made jeans and other F&F clothes for adults and children for the Thai branch of Tesco’s business between 2017 and 2020. Tesco, which was not involved in the day-to-day running of the factory, said the allegations were “incredibly serious” and that it would “have ended our relationship with this supplier immediately” had it “identified [the] issues”.

Surachet said in a statement: “Once I learned about the incident, I immediately contacted the department of labour and welfare to inspect the factory. I had a tour of the factory site, worker accommodation and interviewed workers. I found that the company has an issue with wage payment to the workers and that the case is still in process with the labour court.”

The police and the department of labour protection and welfare officials plan to interview more than 130 former workers at the factory.

Somchai Homlaor, the head of Thailand’s Human Rights and Development Foundation, said the Guardian’s report had attracted “big attention from government authorities”. He added that, while the police attention could prove helpful to former workers, “I don’t think that in the long term this issue will be solved systematically”.

Former workers at VKG described the factory opening puppet bank accounts for them, to make it appear they were paid the minimum wage, while paying much less in cash. Some said their immigration documents were held by the factory.

Workers described being paid as little as £3 a day to work until 11pm with just one day off a month, and said they toiled through the night at least once a month for large F&F orders. Some also reported serious injuries that they said happened while working in unsafe conditions at the factory.

Oliver Holland, the solicitor at Leigh Day leading the UK case against Tesco, said the police raid “illustrates how important it is that there is international spotlight on the case. Our clients’ allegations of forced labour have been the subject of Thai proceedings since 2020, yet it is only now that there is a response from the authorities.”

An appeal was launched last week in Thailand by the same workers after the Thai labour court ruled they were only entitled to the payment of severance pay and notice pay from the factory after being dismissed in 2020. 

Thai labour experts say the country’s courts are notoriously ineffective at securing compensation for workers, even in the rare cases where they do win. 

Brahm Press, the director of the MAP Foundation NGO, said: “Big brands are still, with impunity, sourcing from factories in this area where it is an open secret that they make money by underpaying their vulnerable workforce of migrants from Myanmar. Someone needs to be held accountable and pay these workers their rightful wages. In a supply chain, doesn’t that lead to the brands?” 

A Tesco spokesperson said: “Protecting the rights of everyone working in our supply chain is absolutely essential to how we do business. In order to uphold our stringent human rights standards, we have a robust auditing process in place across our supply chain and the communities where we operate.

“We understand the Thai labour court has awarded compensation to those involved, and we would continue to urge the supplier to reimburse employees for any wages they’re owed.”

Sirikul Tatiyawongpaibul, the managing director of VKG, confirmed that the inspection happened on the afternoon of 20 December, with several senior officers attending. She said they found nothing illegal, adding: “We have provided safe working conditions to all employees. We are regularly audited by independent auditors who are not affiliated with the company to maintain good working conditions for our employees and as required by law.”

Tatiyawongpaibul disputed the previous reports in the Guardian, calling them “hearsay”. She said they should be presented in court and could not be commented on, given a pending appeal in the Thai labour courts.

She also said the accommodation in the factory compound was provided by a third party. 

See four additional stories by the Guardian on this issue as background: 

1. What do you mean, day off? Workers tell of sweatshop conditions at Thai factory used by Tesco, as supermarket says it knew nothing of claims about VKG (18th Dec 2022, Guardian).

2. Girl, 7, raped at Thai factory supplying clothes for Tesco while mother worked –  Exclusive: Woman recounts 2018 attack as landmark lawsuit is brought against retailer on behalf of 130 Burmese former workers (19th Dec 2022, Guardian).

3. Analysis: How big brands like Tesco are drawn to ‘wild west of global supply chain’ – In the Thai city of Mae Sot, where wages and labour conditions are substandard, factories can keep costs low (19th Dec 2022, Guardian).

4. Workers in Thailand who made F&F jeans for Tesco in audited factory ‘trapped in effective forced labour’ (18th Dec 2022, Guardian).

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