JELI’s Newsletter July 2023

July has passed, marking itself as another turning point in the thorny road of modern Thai political history.

After the recent national elections held on May 14th, the Move Forward Party, a coalition joined by those who hold progressive views and a firm belief in democratic principles, has emerged as a prominent force in the complex landscape of modern Thai political history.

Their clear stance involves opposing magnate capitalists and their systematic exploitation of workers, advocating for just legal reforms, and promoting democratic principles as a solution out of the current state of political deadlock .

Despite securing a resounding victory, Pita Limjaroenrat, the Prime Ministerial candidate of the party, did not receive the backing of the conservative faction during the Prime Ministerial election. Constitutionally empowered to vote for the Prime Minister under the 2017 Constitution, most of the senators have made it unequivocal also that they will not support Pita and his party, given their campaigns to reform one of the national security laws. In light of these factors, the chance that Move Forward taking the country’s leading role is very unlikely.

In a situation where Thailand seems to be heading towards division, the wave of discontent among people is surging. As a result, people from all professions and age groups are returning to the streets once more, reaffirming their own stance and consensus through mass protests.

In the context of the labor movement, there were three news items worth considering:

  1. Sarinee Achavanuntakul, an independent scholar, faces a defamation lawsuit filed by Gulf, demanding 100 million baht in damages – witnesses were testified on July 24th.
  2. July 2023: two cases of rider accident have been identified, reflecting the already-worsening working conditions as the affected workers are unable to access insurance – compensation.
  3. The Southern Bangkok Criminal Court is set to read the verdict on the case against three women human rights defenders, who have been sued by the Thai poultry company “Thammakaset” for allegedly engaging in a video clip exposing internal working conditions that were non-compliant with labor laws.

For workshops and seminars where JELI’s officers participated, there were a total of 2 events. The first one is an onsite academic seminar titled “Impact of Gender on Thailand’s Current Labor and Economic Policies”, and the second one is an online training workshop focusing on international laws in relation to gig workers “BIICL Training of Trainers on Gig Economy International Law”.

Additionally, during the past month, JELI also signed 2 statements expressing solidarity with the labor rights movement. One is the “Joint statement: 93 labor unions expressing support for the MP representative nominated by the political party, which has been able to garner the majority of votes during the general elections, to assume the position of the 30th Prime Minister of Thailand” to affirm our stance in supporting democratic principles. And second is the “Joint Statement: Countering Shrinking Space in Southeast Asia”, informing the public of issues regarding the shrinking space for organizations and labor groups working to promote labor rights in South East Asia, with proposed solutions to countering such drawbacks.

Lastly, Dr. Kriangsak, JELI’s director, provided an expert opinion for an article “The ‘LadyGrab’ program was meant to protect women drivers. It backfired” published online on Rest of World, reflecting the day-to-day worrisome working conditions faced particularly by female delivery riders across South East Asia.

Important News

Sarinee Achavanuntakul, an independent scholar, faces defamation lawsuit filed by Gulf, demanding 100 million baht in damages – witnesses were testified on July 24th

On May 27th, Sarinee Achavanuntakul, an independent writer and economist, posted a photo of a summons for a defamation lawsuit filed by Gulf Energy Development company, demanding 100 million baht in damages. She posted this on her private Facebook account under the name ‘Sarinee Achavanuntakul – สฤณี อาชวานันทกุล’ with the following statement:

“This morning, I received a summons delivered to my doorstep from Gulf Energy Development company, suing me for defamation and seeking 100 million baht in damages. As far as I understand, I might be the first non-politician to be sued by this company. Previously, they had filed lawsuits against MP Rangsiman Rome, MP Benja and Dr. Warong. I will provide further details about the case as it progresses.”

Regarding this summons from the Bangkok South Civil Court, dated May 15, 2566 (2023), the plaintiff is Gulf Energy Development Public Company Limited, represented by Mr. Netipong Komanasin and the defendant is Sarinee Achavanuntakul.

The court ordered the defendant to file a response within 15 days from the date of receiving the summons and scheduled a witness hearing on July 24, 2566 (2023) at 13:30.

It should be noted that Sarinee has also commented on similar lawsuits brought against her by the same plaintiff, Gulf Energy Development, including cases involving Dr. Warong Dejkitvikrom, the leader of Thai Pakdee Political Party, in 2024 and 2025.

Source: The Standard

July 2023: two cases of rider accident have been identified, reflecting the already-worsening working conditions as the affected workers are unable to access insurance – compensation

During the past July, according to data collected by JELI, we have found two cases of road accidents involving delivery riders. The first case occurred on the 1st of July and involved a rider named “Ja” (alias) who has been working for “Grab” platform. She reported that she was hit by a car in the Sena-Nikom area of Bangkok while delivering food. The impact caused her to fall on the road, resulting in her being unconscious with severe bruises and injuries. She was then taken by ambulance to a private hospital for treatment.

The X-ray results showed no fractures, but her body suffered severe bruising, leading to her being admitted to the hospital. The car owner reported the incident to the police, stating that such an accident was caused by the negligence of both and not solely the driver’s fault. When Ja informed the police that she wanted the surveillance footage to confirm that she was not at fault, they told her that the CCTV in that area was not functioning.

Later, Ja tried to contact Grab to report the accident and claim insurance compensation. Grab then told her to contact Chubb, the company responsible for the rider’s accident insurance. Chubb informed Ja that she needed to pay the medical expenses upfront first, and they would reimburse any costs not covered by the motorcycle insurance under the Motorcycle Act, which covers up to 30,000 baht. Ja had to bear the expenses of more than 50,000 baht for three days of hospitalization, and she had to proceed the claim with Chubb for the excess of 20,000 baht that should be reimbursed to her. However, she has not received the compensation she deserves yet as the company is still requesting additional documents. Following the delay and false accusation regarding the cause of the accident, Ja feared that she might not be properly compensated despite it being stated in the company’s policies.

The second accident occurred on the 20th of July in the Kluay Nam Thai area of Bangkok. It involved a rider of the Lalamove platform colliding with another motorcycle, resulting in severe injuries to the rider who fell unconscious right at the incident. The only information confirmed is that the opposite party does not have insurance according to the Motorcycle Act. JELI is still in the process of gathering more information and will keep the public informed if there is any progress relevant to the incident.

The Southern Bangkok Criminal Court is set to read the verdict on the case against three women human rights defenders, who have been sued by the Thai poultry company “Thammakaset” for allegedly engaging in a video clip exposing internal working conditions that were non-compliant with labor laws

On July 6, 2023, the international human rights organization Fortify Rights released a news update on its Facebook page, stating that on August 29, 2023 at 9:00 a.m, the Southern Bangkok Criminal Court has scheduled a verdict reading in a case filed by the chicken farm company “Thammakaset” against three women human rights defenders: Angkhana Neelapaijit, Puttinee Kangkun, and Tanaporn Salipol – all of whom have been charged with defamation under the Criminal Code.

The case stems from a video clip produced and shared by Fortify Rights, which exposed the working conditions inside the chicken farm that fell short of the labor rights standards and failed to comply with labor laws. This case serves as an evident example of how private companies may use criminal defamation laws as a tool to silence human rights defenders who merely speak out for the public interest.

Source: Fortify Rights

Workshops and Academic Seminars

Academic Seminar: Impact of Gender on Thailand’s Current Labor and Economic Policies

On July 7, 2023, representatives from JELI joined in an academic seminar titled “Impact of Gender on Thailand’s Current Labor and Economic Policies” organized by the Asian Institute of Technology (AIT) and the Friedrich Ebert Stiftung (FES) Thailand, with the aims of bringing together participants from various civil society organizations, as well as representatives from government agencies and political parties, to exchange ideas and explore ways to collaborate on policy initiatives.

The discussion focused on exploring policies related to labor and the economy of Thailand, addressing key issues, and presenting in-depth data on the contents of these policies, including their gender implications. Two main topics were emphasized during the conversation: the digital industry economy and the circular economy aimed at fostering a low-carbon society.

One of the key speakers was Dr. Kiyoko Kusakabe from the Asian Institute of Technology, who presented research data on the overall situation of women in the labor market in Thailand. The data pointed out that in the formal sector, there is not a significant difference in income between women and men in official employment providing standardized contracts. However, in the informal sector, where a large portion of the workforce comprises female migrant workers, substantial disparities have been found. In addition to their already-precarious circumstances, female migrant workers also lack legal and social protection.

In the new era of automation, where machines are replacing human labor in production systems, women are facing a higher risk of job displacement. Although there is still a need for some human labor to assist in supervising automated lines of production, employers tend to favor hiring men, perceiving them as more skilled in handling larger machinery. Consequently, industrial factory settings are experiencing the gradual stage of becoming “defeminized”, resulting in the workforce being dominated mainly by men.

Intensive Training Workshop: BIICL Training of Trainers on Gig Economy International Law

On July 17 and 19, 2023, representatives from JELI participated in an intensive training workshop titled “BIICL Training of Trainers on Gig Economy International Law” organized by the British Institute of International and Comparative Law (BIICL) – an independent research center dedicated to providing in-depth knowledge on international law to various organizations, including international human rights organizations.

This training workshop is part of the GLP-Power project, supported by USAID (United States Agency for International Development), aiming to enhance informal workers the capacity to effectively organize their groups’ initiatives through digital tools offered as an alternative medium to help them foster a closer connection between each group.

Throughout the two-day sessions, participants from various civil-society organizations working to promote labor justice, were given the opportunity to learn about the introductory course on international laws related to the protection of rights and benefits of gig workers. These workers have generally been categorized as informal labor in many countries, including Thailand, which has resulted in their exclusion from legal protections and social security.

Furthermore, aside from acquiring foundational knowledge of labor rights laws, attendees also deepened their comprehension of the functioning of international human rights mechanisms through insightful lectures delivered by advocacy experts. Upon completing the workshop, participants can be confident that they now possess practical frameworks and tools which they can use to strategize their future initiatives.

The workshop concluded with discussions and exchanges, allowing for a more well-rounded analysis of the legal framework shared by expert speakers and the learning opportunity in which each organization’s representative was encouraged to discuss the current labor rights situation within his/her/their country. These conversations summarized the key takeaways from the training.

Public Statements and Advocacy Initiatives

Joint statement: 93 labor unions expressing support for the MP representative nominated by the political party, which has been able to garner the majority of votes in the general elections, to assume the position of the 30th Prime Minister of Thailand

On July 12, 2023, JELI, along with 93 labor unions and labor rights organizations, signed a joint statement demanding that both the House of Representatives and the Senate accept the majority decision of the people and allow the victorious political party in the recent elections to form a government. The joint statement also calls for the representative candidate of the party to assume the position of the 30th Prime Minister of Thailand, in accordance with the people’s consensus.

The content of the joint statement is as follows:

In accordance with the principles of democracy, the people-elected member of the House of Representatives who has been able to garner the majority of votes during the general elections should be the one to form the government. This enables the democratic system to function without interference from external entities. Moreover, following the election results on May 14, 2023, it was evident that the winning party, along with seven other parties, is capable enough to legitimately form the government, comprising a total of 313 MPs of the House of Representatives representing the democratic faction in the Parliament.

As laborers from various labor unions, we, as citizens and the rightful owners of democratic power, would like to express our stance and demand that the Members of Parliament, both house representatives and senators, support the representative from the political party for whom the significant margin of the lower house’s MPs have voted to become the Prime Minister and form the government. This is in accordance with the principles of democracy.

We earnestly hope that the Members of Parliament will “respect” the decisions made by the people, who are the true owners of democratic power.

With the unified and collective spirit of the labor force.

Joint Statement: Countering Shrinking Space in Southeast Asia

JELI, along with 16 other civil society organizations, has signed the joint statement “Countering Shrinking Space in Southeast Asia.” This statement highlights the issue of shrinking space for organizations and labor groups working to promote labor rights in South East Asia. It also presents potential solutions, such as supporting women and people of diverse gender to have a greater role in the labor movement as well as increasing their visibility, among others.

Read the full statement: https://drive.google.com/file/d/1TQI77NzlqWSuWkNgXCw4tRZ6VoIJE8SB/view?usp=sharing

Medias and Publications

Rest of World: The “LadyGrab” program was meant to protect women drivers. It backfired

In an effort to protect female drivers in Southeast Asia, ride-hailing app Grab introduced the “LadyGrab” program, offering women-only food and package delivery gigs. However, this seemingly well-intentioned initiative has led to unforeseen consequences.

Female drivers report declining earnings and vulnerability to harassment, as the women-only option attracts fewer passengers. Other security measures, like audio recordings and gender-based ride cancellations, prove inadequate in combating harassment effectively.

Disappointed with platform solutions, some women have taken matters into their own hands by organizing self-defense lessons and forming all-women ride-hailing services. The challenge lies in creating a balanced approach that prioritizes both customer safety and driver well-being in the gig economy.

An article by Lam Le and Joan Aurelia Rumengan, with remarks addressing the issues by JELI’s labor-rights expert Dr. Kriangsak Teerakowitkajorn, sheds light on the distressful day-to-day reality of inequitable earnings and gender-based violence faced by female platform riders across the region, including Thailand. Failing to safeguard their female employees from clients with illicit sexual intention, platforms’ gender-responsive policies are proven to be anything but a solution to such causes.

Read: https://restofworld.org/2023/ladygrab-grab-female-delivery-drivers/?fbclid=IwAR0ZkVDvh8iCjYCTickAw06dxocOi0r_BKIY6lIRGCXnMuf_4QIff1eAbA4