Identifier
Created
Classification
Origin
08BANGKOK2674
2008-09-08 11:05:00
CONFIDENTIAL
Embassy Bangkok
Cable title:  

THAI UNION LEADER STANDS ALONE AMID THREATS AND

Tags:  PGOV PHUM PREL KPAO TH 
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RHEFDIA/DIA WASHDC
RUEHC/DEPT OF LABOR WASHDC
C O N F I D E N T I A L SECTION 01 OF 03 BANGKOK 002674 

SIPDIS

STATE FOR EAP/MLS, DRL FOR BUCKLEY

E.O. 12958: DECL: 09/05/2018
TAGS: PGOV PHUM PREL KPAO TH
SUBJECT: THAI UNION LEADER STANDS ALONE AMID THREATS AND
LEGAL SETBACKS

REF: A. BANGKOK 01662

B. BANGKOK 01949

C. BANGKOK 02344

Classified By: Pol Counselor George Kent, reason 1.4 (b, d)

C O N F I D E N T I A L SECTION 01 OF 03 BANGKOK 002674

SIPDIS

STATE FOR EAP/MLS, DRL FOR BUCKLEY

E.O. 12958: DECL: 09/05/2018
TAGS: PGOV PHUM PREL KPAO TH
SUBJECT: THAI UNION LEADER STANDS ALONE AMID THREATS AND
LEGAL SETBACKS

REF: A. BANGKOK 01662

B. BANGKOK 01949

C. BANGKOK 02344

Classified By: Pol Counselor George Kent, reason 1.4 (b, d)


1. (C) Summary: The abrupt dismissal of labor union leader
Jitra Kongdej by garment maker Triumph International on July
29 for alleged slights to the monarchy, and the subsequent
prolonged protest by union members, is symptomatic of the
ongoing wider battle between pro and anti-Thaksin groups and
their willingness to act in alleged defense of Thailand's
monarchy. The source of Jitra's legal troubles are rooted in
press articles portraying her as an anti-royalist by the
Manager Media Group, founded by Sondhi Limthongkul -- who
leads the People's Alliance for Democracy (PAD),the group
behind 2005-6 anti-Thaksin protests and the current
demonstrations against the Samak government. Triumph in turn
may also have seized upon the negative publicity against
Jitra to fire an active union leader in advance of
negotiations for new benefits. Manager Media's articles and
allegations not only resulted in the loss of her job, but
also made her case untouchable in the eyes of some human
rights groups and local-Thai media.


2. (C) Comment: The gulf in Thai society between pro- and
anti-government forces heightens the potential for guilt by
association; Jitra's free association with figures associated
with the anti-coup, pro-government United Front of Democracy
against Dictatorship (UDD),currently implicated in provoking
violent clashes with the PAD, makes her a tempting collateral
target. That said, Jitra's case indicates that the
anti-monarchy label remains a powerful tool to grab power,
publicity, and support, with potential serious consequences
for those accused. The traditional lack of action by
Thai-based NGOs and media to cover cases related to perceived
slights to the monarchy underscores how lese majeste serves
as probably the most significant concern for freedom of
speech in Thailand. End Summary and Comment.

What not to wear...
--------------


3. (SBU) Triumph International, a joint Swiss-German

manufacturer of underwear and swimwear under its subsidiary
Body Fashion Thailand, formally discharged labor union leader
Jitra Kongdej July 29 for tarnishing the company's image.
Triumph cited Jitra's participation in the April 24 TV talk
show "Situation" (Krong Satanagan) as reason for her
dismissal. Jitra appeared wearing a t-shirt designed by
social activist Chotisak Ongsong; the t-shirt advocated his
right not to stand when the King's anthem is played in movie
theaters (reftel A).


4. (SBU) The provocative topic of the show's discussion --
Jitra advocated working women's access to legal abortion
options in Thailand -- paled in comparison to Jitra's
wardrobe choice, which sparked a series of critical articles
on Manager Media Group's online news site casting her as an
anti-royalist; the articles even listed her address and
telephone number. Abusive late night phone calls and emails
followed. Since the late night calls resembled those she
received during her anti-coup activities in 2006, Jitra
suspected police involvement.


5. (C) When we first met Jitra outside the factory on August
22 in the protest campsite, some of the striking women told
us that men on motorcycles - whom they believed to be plain
clothed police - verbally harassed them from the street.
During our meeting at an empty hotel cafe some distance from
the factory, police appeared and walked around the vicinity
for the remainder of the interview. Jitra told us that she
is routinely followed and that she suspects her phone calls
are monitored. Her current fear is that the Thai factory
manager will hire a third-party to kill her, taking advantage
of domestic political turmoil and ongoing protests at the
factory (below). She explained that there is a belief among
government and security officials that "those who destroy a
labor union will be rewarded by factory leaders all over the
country." (Note: Human rights lawyer Somchai Homlaor told us
that longtime labor activist and Thaksin supporter Somyot

BANGKOK 00002674 002 OF 003


Phurksakasemsuk, a former leading member of the United Front
for Democracy Against Dictatorship (UDD) in 2006-2007, is
rumored to protect Jitra from police or third-party action.)


6. (SBU) As a result of Jitra's dismissal, 3000 of the 5000
employees walked-out of the factory in protest and formed a
protest tent city outside the factory entrance; Triumph fired
20 union leaders for encouraging workers to leave their jobs.
Jitra said that Triumph management had convinced around 400
employees to remain onboard as a counter-protest group and
had provided them with over-time pay, free transportation to
the factory, meals, and even loud speakers to use when
Jitra's group made public announcements. Negotiations
between the union and Triumph management ceased on August 29
when a representative from Triumph Headquarters in
Switzerland reinstated all protesters, but Triumph refused to
rehire Jitra, citing a labor court's decision (below). Jitra
filed for a reexamination of her case at the Labor Court, and
a hearing was set for September 23.

Triumph Management changes heart
--------------


7. (C) Jitra told us she still considered Triumph to be a
"good governance company," noting that they had always
followed international labor standards. According to Jitra,
Triumph management told her in April that the company would
sue Manager Media for damages if the negative articles about
her damaged profit margins. Jitra recalled that management
even allowed her to assemble a stage and to use the public
address system to refute the anti-monarchy accusations to
Triumph employees. (Note: Jitra said that Triumph management
videotaped her broadcast and later used the tapes as evidence
against her during the trial. End Note.)


8. (C) Jitra, an employee since 1993, suspects Manager
Media's attempt to link her to Thaksin's camp as an
anti-monarchist led Triumph's management to turn against her.
During her dismissal, Triumph management stressed to Jitra
that the Thai public complained to them about the
anti-monarchy t-shirt, as seen in a photo on the Manager
website, and online comments suggested that she was activist
Chotisak's wife, linking her to lese majeste. Jitra told us
that she loved the King but respected Chotisak's right not to
stand for the anthem. She met Chotisak, now a close friend,
in activist circles while organizing anti-coup activities in
2006 as Triumph union leader.

Legality, motives questioned
--------------


9. (C) Triumph filed its initial complaint against Jitra to
the Samut Prakan Labor Court seeking to discharge her on May

2. The court consented on July 8, ordering her termination
effective immediately. However, Jitra told us that Triumph
only notified her on July 29, causing her to miss the 15-day
appeal period. Furthermore, Jitra said that she was never
summoned to the Labor Court to present her case; the court
mailed the summons to an address of five years ago instead of
her current address registered with the Triumph factory. She
also pointed to the absence of the negotiation process after
the verdict was issued. According to Jitra's lawyer, a
specialist in labor law, the Samut Prakan Labor Court's
omission of the negotiation process was their strongest
argument for a re-trial; Jitra has also since filed a
complaint at the Human Rights Commission.


10. (C) An official at the Department of Labor (DOL)
disagreed, claiming Triumph and the court followed the proper
legal procedures, and that DOL respected the court's ruling.
A labor relations official at the Department of Labor
Protection and Welfare told us that Jitra's termination
rested solely on the fact that her behavior violated
Triumph's regulations. However, the official felt that PAD
and Manager Media had manipulated the situation to portray
Jitra as anti-monarchy and that Triumph was particularly
sensitive about its reputation in Thailand. She added that
Triumph was concerned about the image of its products, not
wanting Triumph to be seen as against the King.


11. (C) Rudy Porter of the Solidarity Center, the AFL-CIO's

BANGKOK 00002674 003 OF 003


instrumental arm that promotes labor rights abroad, told us
that difficulties existed between Triumph and the union for
many years, citing other cases where management attempted to
fire union leaders. He said that Triumph's claim that
Jitra's firing had nothing do with union activities is
questionable. He noted that her dismissal happened after a
collective bargaining period when she pushed the company hard
and Triumph made public threats that employees might face
down-sizing if Triumph met union demands. He claimed:
"Sondhi threw a barb her way in his papers, and Triumph
seized upon it for their purposes."


12. (C) A spokesperson in Triumph's Human Resource Division
told us that the company will adhere to whatever ruling is
delivered from the September 23 hearing. He added that Jitra
was discharged solely because of her "anti-monarchy
attitude," as demonstrated by her wearing the t-shirt, and
that it had nothing to do with her role in the union.
Triumph's reputation and products had been tarnished, he
stated, pointing out that the company's name was mentioned
during debates in the National Assembly. The debates used
Jitra's controversial TV appearance on NBT station to
criticize former Minister Jakrapob Penkair's management of
the TV station, which is under the Prime Minister's Office.

Fear of Lese Majeste
--------------


13. (C) The daily protest surrounding Triumph factory and
Jitra's case received coverage in local English-language
papers like the Bangkok Post, but hardly any Thai-language
news outlets covered the events aside from the Manager Media
Group. Sunai Phasuk of Human Rights Watch expressed concern
about Jitra's case, regretted that the "sensitive nature" of
her case, due to the anti-monarchy allegations, limited his
involvement, and explained that association with the case
would damage his ability to work as a human rights defender
in Thailand. Manager Media's portrayal of Jitra as
anti-monarchy mixed with her role as an outspoken labor union
leader created an unattractive combination, he opined.


14. (C) Porter of the Solidarity Center said that local
pro-labor groups, such as the Thai Labor Solidarity Campaign,
are trying to help her, but they too remain concerned about
being associated with lese majeste. They remember when BBC
reporter Jonathan Head was charged with lese majeste after
chairing the August 2006 panel discussion that launched the
lese majeste campaign against former Minister Jakrapob
Penkair which eventually resulted in his resignation. Forum
Asia NGO activist Pokpong Lawansiri who is trying to help
raise international awareness for Jitra's case told us he
viewed PAD's aggressive action in labeling people as
anti-royalists as one of the biggest threats to human rights
in Thailand.
JOHN