Thailand: ICJ and Amnesty International ask the court to apply international standards in the first-ever class action case seeking redress for harm caused by Thai companies abroad

Thailand: ICJ and Amnesty International ask the court to apply international standards in the first-ever class action case seeking redress for harm caused by Thai companies abroad

Yesterday, the International Commission of Jurists (ICJ) and Amnesty International (AI) jointly submitted an amicus curiae legal brief to the Bangkok South Civil Court in a class-action lawsuit filed by two residents of Cambodian villages, representing at least 23 families out of a potential class of more than 700 affected families in the Oddar Meanchey Province, Cambodia, against Mitr Phol Sugar Corporation Ltd., a Thai company.

This lawsuit, based on Thai and Cambodian tort laws, alleges human rights abuses committed by Mitr Phol’s apparent subsidiary in Cambodia, Angkor Sugar Co. Ltd.

In 2008, Angkor Sugar Co. Ltd. was granted an economic land concession to operate an industrial sugar plant in Oddar Meanchey Province. The complaint alleges that after the concession was granted, Angkor Sugar Co. Ltd. colluded with local authorities to forcibly seize land held by individuals from local communities, resulting in the destruction of their houses, the burning of villages and crops, and physical harm to some villagers.

This marks the first-ever class-action lawsuit filed in Thai courts by plaintiffs from another country for abuses committed by a Thai company outside of Thailand.

Today, the Court held a session to examine the list of evidence submitted by both parties. The next appointment date will be on 27 March 2024 for the examination of evidence, after which the court will set the witness examination date.

The ICJ/AI amicus brief sets out the principal applicable international human rights law and standards, and comparative jurisprudence for the Thai court to consider in resolving this case. The organizations submit that the human rights responsibilities of a parent company, such as Mitr Phol, extend beyond its own conduct to include the activities of subordinate entities. To this end, Mitr Phol has a duty to exercise due diligence in monitoring and controlling their subsidiaries in Cambodia, whose conduct they may influence. Failure to carry out this due diligence should result in liability as a consequence of the actions of their subsidiaries.

The brief also highlights that under international standards, business enterprises have a responsibility to respect all internationally recognized human rights wherever they operate, such as the right to adequate housing.

The Thai court itself also has a duty that extends beyond the national borders of Thailand to ensure access to justice, effective remedy, and reparation for individuals from communities living in proximity to the operations of Thai companies and their subsidiaries in other countries when their rights are violated.

The need to apply international human rights standards is recognized by the government of Thailand, as evidenced in the adoption of its National Action Plan on Business and Human Rights, and is also recognized by Mitr Phol through the company’s Code of Conduct.

Background

Victims of corporate human rights abuses face multiple barriers in holding companies to account and securing access to justice.

Although this case is the first of its kind in Thai courts, in recent years, other cases involving human rights abuses committed by Thai state-owned enterprises abroad were brought to Thai courts by Thai citizens, but they ended with limited success. These cases included an unsuccessful lawsuit brought by Thai villagers against Thai governmental agencies regarding the construction of the Xayaburi Dam in Lao PDR and its transboundary environmental destruction affecting communities in Thailand.

The limitations identified encompass the legal nature of corporations, evidentiary challenges, conflict of laws, and statutes of limitation.

Despite calls from CSOs to initially address the weak implementation of the first NAP, Thailand’s Second National Action Plan on Business and Human Rights (2023-2027) was endorsed by the Thai Cabinet on 25 July 2023.

The NAP identifies ‘cross-border investment and multinational enterprises’ as one of the four key priority issues in the NAP. The Second NAP includes an action point that requests the Ministry of Justice to “study and recommend amendments to the laws or propose measures to ensure access to justice and effective civil, criminal and administrative remedies for local and overseas communities within the areas where companies or Thai state-owned enterprises operate and are affected by such operations.”

The submission in English can be downloaded here

The submission in Thai can be downloaded here

Further reading

Thailand: Barriers persist in access to justice for victims of human rights abuses involving Thai transnational corporations abroad – ICJ report

Contact

Sanhawan Srisod, ICJ Associate International Legal Adviser, e: sanhawan.srisod@icj.org

The African Court on Human and Peoples’ Rights’ judgment of 22 September 2022: A clear rebuke of Tunisia’s authoritarian drift

The African Court on Human and Peoples’ Rights’ judgment of 22 September 2022: A clear rebuke of Tunisia’s authoritarian drift

Today, the African Court of Human and Peoples’ Rights (AfCHPR) opens its 71st Ordinary Session. To mark the occasion, the International Commission of Jurists (ICJ), in collaboration with inkyfada, looks back at AfCHPR’s September 2022 judgement against Tunisia, in which it ordered the republic to return to constitutional democracy and establish an independent constitutional court. The ICJ examines the impact of the judgement on human rights in Tunisia, and how individuals can operationalize the AfCHPR to challenge the curtailment of fundamental freedoms, judicial independence and rule of law in Tunisia.

ICJ’s questions and answers:

It has been more than a year since the African Court on Human and People’s rights issued its judgment in case No. 017/2021, “Ibrahim Ben Mohamed Ben Brahim Belguith v. Republic of Tunisia”, of 22 September 2022. The case was brought by Mr. Belguith, a national of Tunisia and a lawyer, who complained of violations of his rights under the African Charter on Human and Peoples’ Rights and other human rights instruments as a result of the promulgation of several Tunisian presidential decrees adopted under the “state of exception” pursuant to article 80 of the 2014 Constitution since 25 July 2021. In this judgment, the African Court ordered Tunisia to repeal these decrees, to return to constitutional democracy within two years and to ensure the establishment and operation of an independent constitutional court within the same period.

What does this judgment mean and why is it important for the rule of law and human rights in Tunisia? The ICJ provides answers in the Q&A below:

    1. What is the African Court on Human and Peoples’ Rights?
      * The African Union 
      * The African Charter on Human and Peoples’ Rights
      * The African Commission on Human and Peoples’ Rights
      * The African Court on Human and Peoples’ Rights
      * Tunisia’s adherence to the African Human Rights System
    1. Why was the African Court seized of the situation in Tunisia? Contextual overview
      * President Kais Saied’s power grab of 25 July 2021
      * The absence of a Constitutional Court
    1. What did the 22 September 2022 judgment rule?
      * How the African Court came to rule on the matter: the application
      * What the judgment ruled:
    1. What are the next steps?
      * Implementation
      * Other complaints against Tunisia pending before the African Court
Download the full Q&A in English here
Download the full Q&A in French here
Download the full Q&A in Arabic here

 

 

 

 

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