May 2006, Thai Branch of PR Multinational Sues Thai Labour Campaign Coordinator

Thai Branch of PR Multinational Sues Thai Labour Campaign Coordinator

Action needed to stop Publicis Thailand Harrassment of Thai Labour Campaign!

Junya Lek Yimprasert

Publicis Thailand, the Thai subsidiary of French-based global public relations giant Publicis Groupe (with revenues of €3.83 billion in 2004) has charged Junya Lek Yimprasert, coordinator of the Thai Labour Campaign (TLC), with "defamation by propagation." Yimprasert's "crime" was republishing an article from CSR Asia Weekly on the TLC website about an unfair dismissal case filed by five workers against the public relations company. If convicted Yimprasert faces a possible jail sentence, payment of monetary damages, and limitations on her/TLC's important labor rights work. Your action is needed today to help get Publicis to drop this lawsuit.

Background on the lawsuit

Five workers from Publicis, Ltd. who were detained, threatened, and forced to sign resignation papers in October 2004 under unfair conditions requested assistance from Ms. Yimprasert, who in turn publicized the events that had taken place on the Thai Labour Campaign website. In reporting the news of these workers' rights violations, Yimprasert provided the workers with a platform to relate what had happened, a right guaranteed under Thai law. To read the article that appeared on the TLC website and that Publicis Thailand wants to censor, please see http://www.thailabour.org/news/05072702.html.

With their lawsuit (filed against Yimprasert in Sept. 2005) Publicis Thailand is trying to silence the TLC, for years an important source of information and action on working conditions and labour rights issues in Thailand. The Clean Clothes Campaign has worked closely with Yimprasert and the TLC on a number of cases seeking justice for Thai garment workers, including the Bed & Bath case, the Thai Iryo case, the Thai Krieng Durable Textile case, and the Play Fair at the Olympics Campaign, one of the largest anti-sweatshop mobilizations ever. For a recent profile of Yimprasert, see page 19 of the CCC book Made by Women (http://www.cleanclothes.org/ftp/made_by_women.pdf). The CCC finds the defamation charge against Yimprasert to be unfounded and calls upon Publicis Thailand to immediately withdraw their case.

"With this lawsuit Publicis is seeking to silence an important voice in Thailand on the issue of workers' rights," said Nina Ascoly, of the CCC International Secretariat. "This appears to be an attempt to censor the news, as well as personal harassment of Yimprasert. Publicis does the workers of Thailand a disservice by harassing TLC this way and preventing them from carrying out their valuable work."

In Feburary 2006 the public prosecutor of the Southern Bangkok Criminal Court found that the case was valid. A concilation date has been set for May 31, while the trail is set for November 21-24 and 28th. Yimprasert is currently out on bail.

About the Thai Labour Campaign
The Thai Labour Campaign (TLC) is an organization whose mission is to research and compile information on all forms of labour violations affecting Thai workers. The Campaign publicizes and distributes research on unjust practices and labour abuses to a network of organizations at the national and international levels. The Thai Labour Campaign also serves as a platform for discussion and education on labour conditions, calling for meaningful labour protection standards and enforcement of those standards. The TLC website has been as an important clearinghouse of information for the CCC on issues of labour rights in the Thai garment industry. The Campaign aims to bring Thai workers into solidarity with international workers in an effort to collectively work toward the rights to job security, safe working conditions, unemployment insurance, and protections and safeguards of an international standard.

In the past, TLC has been successful in its efforts, as evidenced by the organization's ability to assist workers laid off from, for example, the Master Toy Company, workers from the Almond Thailand Co.Ltd, and the Bed and Bath Company (for more information on the struggle of the Bed and Bath garment workers, which the CCC supported, please see http://www.cleanclothes.org/urgent/02-12-04.htm). The Campaign's work is in line with government policy according to the Constitution of the Kingdom of Thailand, Section 86: "The state must promote the employment of people of working age and must protect workers, especially women and children. The state should facilitate good relations between workers and employers and ensure fair wages for workers."

In publishing an article about the violation of workers' rights, Ms. Yimprasert maintains that she made use of her constitutional right to express an academic opinion based on research. Publishing articles evaluating the situation without bias is part of the Thai Labour Campaign's work toward solutions to the problems of workers.

"For over 5 years, TLC has maintained its role as a medium for exposing problems associated with labour rights violations by publicizing articles, reports and studies on this issue," said Yimprasert in a recent statement. "The TLC has jointly campaigned on over 30 cases for workers rights with trade unions and other organizations, both directly and indirectly, together with demands for changes of the national law to better protect workers."

She explained that "In giving the testimony to the police, I reaffirmed that TLC's work is committed to the Thai constitution section 39 that a person shall enjoy the liberty to express his or her opinion, make speeches, write, print, publicise, and make expression by other means; section 42 that a person shall enjoy an academic freedom; and section 86 that the State shall promote people of working age to obtain employment, protect labour, especially child and woman labour, and provide for the system of labour relations, social security and fair wages."

Background on the unfair dismissal case

What was the unfair dismissal case about that was reported on in the article that angered Publicis so much that they want to shut down the TLC?

Following the appointment of Kitti Chaiyaporn as new executive creative director at Publicis Thailand, six women were fired from the agency: they were asked to sign resignation letters (not in Thai!) and leave the building. Five charged that the dismissals were unfair and filed a case in April 2005 with the central labour court for compensation. The article reported on this case. Due to economic pressure, the workers eventually settled their case with Publicis - however the terms of the compensation deal (reached on March 6, 2006) include that the workers must not do anything that would "damage" Publicis, i.e., not testifying in support of Yimprasert and the right to free expression of the facts of their dismissal. Their agreement also stipulates that they will only be paid the final 25% of their compensation in January 2007 after the trial against Yimprasert.

Publicis has signed onto the UN's Global Compact. The workers believed that their dismissals were in violation of several of the Compact's principles on human rights and labour standards (age and gender discrimination: 31-year-old Chaiyaporn stated in the press that he wanted to reinvent the agency into a "hot" agency with young people his age; five of the six workers forced out were women over 40) and filed a complaint with the UNDP. To read the complaint, which provides more details about their case, please see www.thailabour.org/wnews/Complaint%20on%20Unfair%20Diamissal_a.pdf

About the Publicis Groupe
(source: http://www.publicis.com/corporate/en/)

Publicis Groupe is the world's 4th largest communications group and ranks No. 3 in Europe and No. 4 in the US. Publicis Groupe is also the world's 2nd largest group in media buying and consultancy.

The Groupe is structured around:

Advertising, with 3 global networks (Publicis, Leo Burnett Worldwide and Saatchi & Saatchi Worldwide), 2 creative multi-hub networks (Fallon Worldwide and 49%-owned Bartle Bogle Hegarty), and regional agencies with a high creative profile.
Media buying and consultancy, with a No. 1 position worldwide through two major global networks (Starcom MediaVest Group and ZenithOptimedia), as well as Médias & Régies Europe (sale of advertising space).
Specialized Agencies and Marketing Services (SAMS), in particular direct marketing, public relations, events, corporate and financial communications, multicultural and healthcare communications.

The Groupe is present in 196 cities in 104 countries on 5 continents, with 36,384 employees.

June 22, 2006 - UPDATE

Publicis Thailand Drops Suit Against TLC Coordinator!

The CCC is pleased to report that Publicis Thailand, the Thai subsidiary of French-based global public relations giant Publicis Groupe has withdrawn its libel lawsuit against Junya Lek Yimprasert, coordinator of the Thai Labour Campaign (TLC).