Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Abolition of Forced Labour Convention, 1957 (No. 105) - Thailand (Ratification: 1969)

The Committee notes the information provided by the Government in its report for the period ending June 1988.

Article 1(a) of the Convention. 1. The Committee noted previously that penalties of imprisonment may be imposed under sections 4, 5, 6 and 8 of the Anti-Communist Activities Act B.E. 2495 (1952) on anyone who engages in communist activities, or who conducts propaganda or makes any preparation with a view to carrying on communist activities, who is a member of any communist organisation, or who attends any communist meeting unless he can prove that he did so in ignorance of its nature and object. Similarly, under sections 9, 12 and 13 to 17 of the same Act, inserted by the Anti-Communist Activities Act (No. 2) B.E. 2512 (1969), penalties of imprisonment may be imposed on whoever assists any communist organisation or member of such organisation in a variety of ways, who propagates communist ideology or principles leading to the approval of such ideology, or who contravenes restrictions imposed by the Government on movements, activities and liberties of persons in any area classified as a communist infiltration area.

The Committee notes the Government's statement in its report that the above-mentioned provisions concern illicit actions and penalties enforced in respect of any person who acts or co-ordinates or supports or joins as a member the communist organisation and that these provisions are designed to maintain the security and safety of the country and people.

The Committee observes that these provisions are not limited in scope to the punishment of violence or incitement to violence, but may be used as a means of political coercion or as a punishment for holding or expressing, even peacefully, certain political views or views ideologically opposed to the established political, social or economic system, and are accordingly incompatible with Article 1(a) of the Convention in so far as the penalties provided involve compulsory labour. The Committee hopes that the necessary measures will be adopted in this regard to ensure the observance of the Convention. The Committee examines certain other provisions in relation to Article 1(a) in a direct request.

Article 1(c). 2. The Committee previously noted that sections 5, 6 and 7 of the Act for the Prevention of Desertion or Undue Absence from Merchant Ships, B.E. 2466 (1923), provide for the forcible conveyance of seamen on board ship to perform their duties.

Noting the Government's indication in its report that a committee to review seamen's legislation has been established, the Committee hopes that the repeal of these provisions will be included in the review process and that the Government will report on the action taken.

3. The Committee noted previously that under sections 131 and 133 of the Labour Relations Act, B.E. 2518 (1975), penalties of imprisonment (involving compulsory labour) may be imposed on any employee who, even individually, violates or fails to comply with an agreement on terms of employment or a decision on a labour dispute under sections 18, paragraph (2), 22, paragraph (2), 23 to 25, 29, paragraph (4) or 35(4) of the Labour Relations Act. Referring to the explanations provided in paragraphs 110 to 116 of its 1979 General Survey on the Abolition of Forced Labour, the Committee noted that sections 131 to 133 of the Labour Relations Act are incompatible with the Convention in so far as the scope of sanctions involving compulsory prison labour is not limited to acts and omissions that impair or are liable to endanger the operation of essential services, that is, services whose interruption would endanger the life, the personal safety or the health of the whole or part of the population, or which are committed either in the exercise of functions that are essential to safety or in circumstances where life or health are in danger. The Committee again expresses the hope that the Government will indicate the action taken or contemplated in this regard to ensure the observance of the Convention.

Article 1(d). 4. The Committee has taken note with interest of the text provided by the Government of the Ministry of Interior Announcement of 27 January 1981 for lifting the ban on strikes imposed in October 1976 by Decree No. 3 adopted under sections 25 and 36 of the Labour Relations Act of 1975 and which banned all strikes under the menace of penalties including imprisonment.

5. In its previous comments, the Committee noted that penalties of imprisonment may be imposed for participation in strikes under the following provisions of the Labour Relations Act:

(a) section 140 read together with section 35(2), if the Minister orders the strikers to return to work as usual, being of the opinion that the strike may cause serious damage to the national economy or may cause hardship to the public or may affect national security or may be contrary to public order;

(b) section 139 read together with section 34(4), (5) and (6), if the party required to comply with an arbitrator's award under section 25 has complied therewith, if the matter is awaiting the decision of the Labour Relations Committee or a decision has been given by the Minister under section 23(1), (2), (6) or (8) or by the Committee under section 24, or if the matter is awaiting the award of labour disputes arbitrators appointed under section 25.

The Committee noted that the provisions referred to provide for binding awards or ministerial decisions not only where these have been freely accepted by the parties, or where they concern essential services whose interruption would endanger the life, the personal safety or the health of the whole or part of the population, or in cases of force majeure likewise endangering the life, the personal safety or the health of the whole or part of the population, but in a wider range of circumstances where their enforcement with penalties involving compulsory prison labour is contrary to Article 1(d) of the Convention. The Committee requested the Government to indicate the measures taken or envisaged to ensure the observance of the Convention in this regard.

The Committee notes the Government's indication in its report that the powers conferred under section 35 have been seldom used; referring also to the explanations provided in paragraphs 129 to 132 of its above-mentioned General Survey, the Committee hopes that the Government will indicate measures taken or envisaged to bring legislation in this regard into conformity with the Convention.

6. The Committee previously noted that under section 117 of the Criminal Code participation in any strike with the purpose of changing the laws of the State, coercing the Government or intimidating the people is punishable with imprisonment. While noting the Government's indications on constitutional and procedural guarantees provided for, the Committee, referring to the explanations provided in paragraph 128 of its aforementioned General Survey, again requests the Government to supply information on the practical application of this provision, including the number of sentences to penalties of imprisonment and particulars of relevant court decisions, and on any measures taken or contemplated in this connection to ensure the observance of the Convention.