Natural Fruit Company

Last updated

Natural Fruit Company, Ltd. (NFC), also called "Natfruit", is a Thai privately owned fruit wholesaler, specializing in pineapple. It was established on 17 March 2001 to manufacture canned pineapple and pineapple juice concentrate. The company was established with a registered capital of 84 million baht. The factory has production capacity of 400 tons of raw material per day and employs a workforce of from 500 [1] to 800 persons. [2] :11 Natfruit is located in Pran Buri, Prachuap Khiri Khan Province, an area known for its pineapples.

Contents

Natfruit is part of NatGroup, a family-owned assortment of related private businesses. It includes Prafic (aloe vera products), Prafic 2005 (dried fruits) as well as packaging and logistics companies. [3]

Natural Fruit labour practices

In 2013 and 2014 the company attracted notoriety for its lawsuits—two criminal and two civil damage claims seeking 400 million baht (US$11 million [4] )—against British human rights worker Andy Hall. Hall had been commissioned by Finnish NGO Finnwatch to investigate migrant labour rights abuses in Thai factories supplying Finnish retailers. He submitted his findings to Finnwatch, which published a report based on them on its website. [2] Hall was listed as a co-author, although he had no hand in writing the report, which is entirely in the Finnish language, but with an executive summary in English. The summary enumerated human and labour rights violations (such as the use of underage labour, migrant worker passport confiscation, and unpaid overtime) by Natfruit. In 2013, Natfruit filed suit against Hall for defamation and violation of the Thai Act on Computer Crime [5] for allegedly making false statements to public media. Conviction on this charge could lead to seven years in prison and a fine of up to £6.6 million. [6] One of the Andy Hall prison sentences was cancelled by the Supreme Court in Thailand in November 2016. Other lawsuits continue. [7]

On 18 September 2015, an appeals court threw out a defamation case, originally brought by Natural Fruit against Hall in September 2013, saying that police never should have investigated the charges. Natural Fruit accused Hall of defaming the company in an interview he gave to Al Jazeera while in Burma (Myanmar). The court said that because the interview did not take place in Thailand, the case had no grounds for being heard in Thailand. [8]

On 18 January 2016, Hall was indicted by a Bangkok court on charges of criminal defamation and computer crimes related to his investigations of Natfruit. He faces up to seven years in jail if found guilty at a 12-day trial at Bangkok South Criminal Court starting on 19 May. [4]

On 20 September 2016 Hall was found guilty of criminal defamation and in violation of Thailand's Computer Crimes Act. The court sentenced Hall to prison for four years and ordered him to pay a 150,000 baht fine. His prison sentence was reduced to three years and suspended for two years because of his record as a human rights defender. Hall will appeal the ruling. [9] The president of Natural Fruit, Wirat Piyapornpaiboon, commented on the ruling by saying, "No foreigner should think they have power above Thai sovereignty,..." [10]

Natfruit actions have been criticized by a number of activist organizations (such as Finnwatch and Human Rights Watch), trade unions (such as International Transport Workers' Federation, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Association), as well as some European food companies. [11] [12] The State Enterprise Workers' Relations Confederation of Thailand (SERC) has voiced its support for Hall. [13] The company has received support from the Thai government. [12] [14] [15] [16] [17]

On 26 March 2018, the Prakanong Court in Bangkok issued its verdict on the civil damages claim against Hall, ordering him to pay 10 million baht (US$320,000) in damages to the company. The court also ordered Hall to pay 10,000 baht to the plaintiff's lawyer and court fees including interest of 7.5 percent from the date of filing this case until the amount is fully paid. Hall will appeal the decision. [18] [19]

On 31 May 2018 the Thai Court of Appeals acquitted Hall of defamation, overturning a lower court ruling. Natural Fruit Co Ltd sued Hall for defamation following an interview he gave to Al-Jazeera English TV in Myanmar in April 2013. The Appeals Court ruled that Hall had not acted unlawfully as charged by the prosecution. The court further ruled that, based on the evidence before it, Hall had indeed interviewed migrant workers from Natural Fruit's factory and there was the real possibility of labour rights violations against migrant workers at Natural Fruit. [20] Natural Fruit can appeal the Appeals Court ruling to the Thai Supreme Court. [21]

See also

Related Research Articles

Thaksin Shinawatra Prime Minister of Thailand from 2001 until deposed in a 2006 coup

Thaksin Shinawatra is a Thai businessman, politician and visiting professor. He served in the Thai Police from 1973 to 1987, and was the Prime Minister of Thailand from 2001 to 2006.

Dole Food Company Irish agricultural multinational corporation

Dole plc is an Irish agricultural multinational corporation headquartered in Charlotte, North Carolina. The company is the largest producer of fruit and vegetables in the world, operating with 74,300 full-time and seasonal employees who are responsible for over 300 products in 90 countries. Dole markets such food items as bananas, pineapples, grapes, strawberries, salads, and other fresh and frozen fruits and juices. Dole owns a shipping line, "Dole Ocean Cargo Express".

Bang Bo District District in Samut Prakan, Thailand

Bang Bo is a district (amphoe) of Samut Prakan Province in Thailand.

Human rights in Finland are freedom of speech, religion, association, and assembly as upheld in law and in practice. Individuals are guaranteed basic rights under the constitution, by legislative acts, and in treaties relating to human rights ratified by the Finnish government. The constitution provides for an independent judiciary.

Thailand was among the first nations to sign the UN's Universal Declaration of Human Rights of 1948 and seemed committed to safeguarding Human Rights in Thailand. In practice, the reality has been that the powerful can abuse the human rights of their subjects with impunity. From 1977 to 1988, Amnesty International reported that there "...were 1,436 alleged cases of arbitrary detention, 58 forced disappearances, 148 torture [sic] and 345 extrajudicial killings in Thailand....The authorities investigated and whitewashed each case." Amnesty International's (AI) Amnesty International Report 2017/18; The State of the World's Human Rights demonstrates that not much has changed in the interim. A 2019 HRW report expands on AI's overview as it focuses specifically on the case of Thailand.

Dusit International

Dusit Thani Public Company Limited, branded as Dusit International, is a Thai multinational hospitality company headquartered in Bangkok, Thailand. Dusit International has 36 hotels and resorts in 12 countries. Founded by Thanpuying Chanut Piyaoui in 1948, the company is now led by Suphajee Suthumpun.

Pran Buri District District in Prachuap Khiri Khan, Thailand

Pran Buri is a district (amphoe) in the northern part of Prachuap Khiri Khan Province, central Thailand.

"Thailand is a source, destination, and transit country for men, women, and children subjected to forced labour and sex trafficking."Thailand's relative prosperity attracts migrants from neighboring countries who flee conditions of poverty and, in the case of Burma, military repression. Significant illegal migration to Thailand presents traffickers with opportunities to coerce or defraud undocumented migrants into involuntary servitude or sexual exploitation.

Thai Union Group

Thai Union Group is a Thailand-based producer of seafood-based food products. It was founded in 1977, and was listed on the Stock Exchange of Thailand (SET) on 22 November 1994.

Angkhana Neelaphaijit Thai human rights activist

Angkhana Neelaphaijit, née Angkhana Wongrachen, is a Thai human rights activist, former member of the National Human Rights Commission, and the wife of disappeared human rights lawyer Somchai Neelaphaijit. Amnesty International described her as "a leading human rights defender in Southern Thailand".

Lèse-majesté in Thailand Aspect of the law of Thailand

Lèse-majesté in Thailand is a crime according to Section 112 of the Thai Criminal Code. It is illegal to defame, insult, or threaten the king, queen, heir-apparent, heir-presumptive, or regent. Modern Thai lèse-majesté law has been on the statute books since 1908. Thailand is the only constitutional monarchy to have strengthened its lèse-majesté law since World War II. With penalties ranging from three to fifteen years imprisonment for each count, it has been described as the "world's harshest lèse majesté law" and "possibly the strictest criminal-defamation law anywhere"; its enforcement "has been in the interest of the palace".

Finnwatch is a Finnish civic organisation focused on global corporate responsibility. It seeks to promote ecologically, socially or economically responsible business by engaging companies, economic regulation and public discussion. Behind Finnwatch there are Finnish development and environment organisations and trade unions. The member organisations of Finnwatch are: Service Centre for Development Cooperation (KEPA), Trade Union Solidarity Centre of Finland (SASK), Friends of the Earth Finland, Finn Church Aid, Attac Finland, Pro Ethical Trade and Kehys.

The Ranong human-smuggling incident was a human smuggling disaster in Ranong, Thailand in April 2008. 54 people suffocated to death in a seafood container while being smuggled from Song Island, Myanmar, to Phuket, Thailand.

Tongkah Harbour Public Company Limited is a mining company and property developer in Thailand. The company was listed on the Stock Exchange of Thailand (SET:THL) in 1993.

Somyot Prueksakasemsuk Thai activist and magazine editor (born 1961)

Somyot Prueksakasemsuk is a Thai activist and magazine editor who in 2013 was sentenced to eleven years' imprisonment for lese majeste against King Bhumibol Adulyadej. His sentence drew protest from the European Union and from numerous human rights groups, including Amnesty International, which designated him a prisoner of conscience.

There are various issues of waste management in Thailand, including excessive plastic use, industrial waste, among others.

Andrew Jonathan Hall is a migrant worker and labour rights activist and researcher, formerly based in South East Asia.

National Anti-Corruption Commission (Thailand)

The National Anti-Corruption Commission is a constitutional organization of Thailand. It is sometimes confused with the Anti-Corruption Organization of Thailand (ACT), a private foundation.

Murder of Porlajee Rakchongcharoen

Porlajee "Billy" Rakchongcharoen, a Karen environmental and community activist, was last seen alive in Kaeng Krachan National Park, western Phetchaburi Province, Thailand on 17 April 2014. He was arrested at a park checkpoint by park superintendent Chaiwat Limlikitaksorn and four of his men for alleged illegally collecting wild honey in the forest. Three years earlier, in 2011, Billy had filed a lawsuit against Chaiwat over the May 2011 destruction and burning of houses, and eviction of over 20 Karen families living in Jai Paen Din, meaning 'heart of the land' in the park's Pong Luk Bang Kloy village, in the Huai Mae Phriang Sub-district of Kaeng Krachan District. The national park chief later swore that Billy had been arrested and released on the same day after being questioned for possession of an illegal wild bee honeycomb and six bottles of honey. There are no official records of his arrest or detention. Following Billy's supposed arrest he was never seen alive again. Searches conducted from April–August 2019 discovered human bone fragments in the Kaeng Krachan Dam reservoir. DNA tests of the fragments matched those conducted on Billy's mother, leading the Department of Special Investigation (DSI) to conclude that the bones were Billy's and that he had been murdered. Chaiwat, the former park chief, immediately cast doubt on the DNA test, saying, "...this [DNA test result] is not enough proof to conclusively say the skull fragment is Billy's,..." Chaiwat and others had been charged with Billy's murder

The labour law of Thailand takes place under the framework of several acts of parliament and decrees, primarily the Labour Protection Act, B.E. 2541 (1998), and is mainly governed by the Ministry of Labour. Most of the legal framework was developed during the mid-to-late twentieth century, as Thailand's economy saw rapid expansion beginning in the Cold War period.

References

  1. "Company Profile; Message from President". Natfruit. Retrieved 19 January 2016.
  2. 1 2 Vartiala, Sonja; Purje, Henri; Hall, Andy; Vihersalo, Katariina; Aukeala, Anu (2013-01-21). Cheap Has a High Price: Responsibility problems relating to international private label products and food production in Thailand; Executive Summary (PDF). Helsinki: Finnwatch. Retrieved 19 January 2016.
  3. "NatGroup (Archived)" (PDF). Andy Hall. NatGroup. Retrieved 20 January 2016.
  4. 1 2 Parkinson, Charles (2016-01-18). "Thailand Wants to Throw This British Rights Activist in Jail for Fighting Exploitation". Vice News. Retrieved 19 January 2016.
  5. "Act on Computer Crime B.E. 2550 (2007)" (PDF). Global Voices. Retrieved 20 January 2016.
  6. "Reports and statements on lawsuits filed by Natural Fruit against researcher and activist Andy Hall for alleged defamation". Business & Human Rights Resource Centre. Retrieved 20 January 2016.
  7. Thaimaan korkein oikeus hylkäsi kunnianloukkaussyytteen Finnwatchin tutkijaa vastaan YLE TV News 3.11.2016
  8. Hynes, Casey (2015-09-19). "Thai court dismisses defamation charges against labor activist". Asian Correspondent. Retrieved 19 September 2015.
  9. "Andy Hall found guilty in a shock ruling by Bangkok court" (Press Release). Finnwatch. 20 September 2016. Retrieved 20 September 2016.
  10. "Activist Andy Hall found guilty of defamation". Bangkok Post. Agence France-Presse (AFP). 20 September 2016. Retrieved 20 September 2016.
  11. "European food companies call foul over Thailand fruit company". Deutsche Welle. AFP.
  12. 1 2 Kate Hodal. "Thai government urged to drop libel case against British slavery researcher". the Guardian.
  13. "Company should drop case against British rights activist". The Nation. 2013-04-07. Retrieved 20 January 2016.
  14. "Thailand Faces International Questions Over Prosecution of Civil Rights Researcher". phuketwan.com.
  15. "British activist braces for Thai libel trial". Yahoo News UK. 1 September 2014.
  16. "Critique from Confederation of Finnish Industries missed the target".
  17. "Thailand: Defamation Charges Chill Labor Rights Inquiries—Human Rights Watch". hrw.org. 9 April 2013.
  18. "Court orders Andy Hall to pay damages to Natural Fruit" (Press release). Finnwatch. 26 March 2018. Retrieved 26 March 2018.
  19. Nyein, Nyein (26 March 2018). "Thai Court Orders Migrant Labor Advocate to Pay Natural Fruit Company $320,000". The Irrawaddy. Retrieved 26 March 2018.
  20. "Appeals court acquits rights activist Andy Hall, endorses research". The Nation. 31 May 2018. Retrieved 31 May 2018.
  21. "Thai Appeals Court Dismisses Case Against British Activist". New York Times. Associated Press. 31 May 2018. Retrieved 31 May 2018.