Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraph a, of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views. 1. The Committee previously noted that penalties of imprisonment (involving compulsory labour) may be imposed under the following provisions of the Organic Law on Political Parties B.E. 2541 (1998):

–      section 75 (prohibition for a group of 15 or more persons to carry out activities as those of a political party without having been registered as such);

–      section 23, paragraph 2, read in conjunction with section 78 (prohibition for a person who is not of Thai nationality by birth to be a member or participate in any activity of a political party).

The Committee recalled that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views. The Committee also refers in this connection to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system. Noting also the Government’s view expressed in the report that the persons mentioned in the above sections of the Law can express their political opinions without violating these provisions, the Committee points out, referring to the explanations in paragraphs 162–163 of its General Survey of 2007 on the eradication of forced labour, that, since freedom of expression of political views is closely linked to the right of association and of assembly through which citizens seek to secure the dissemination and acceptance of their views, any prohibitions enforced by penalties involving compulsory labour which affect the constitution or functioning of political parties or associations, or participation therein, are incompatible with the Convention.

The Committee reiterates its hope that the necessary measures will be taken in order to ensure that no sanctions involving compulsory labour can be imposed for the violation of prohibitions provided for in the above sections of the Organic Law on Political Parties, so as to bring these provisions into conformity with the Convention on this point. Pending the adoption of such measures, and noting also the Government’s indication in the report that there has been no violation of the above provisions so far, the Committee requests the Government to continue to provide information on the application of these provisions in practice, supplying copies of the court decisions and indicating the penalties imposed.

2. The Committee previously noted the Government’s indication in its report that the draft amendment of the Press Act B.E. 2484 (1941) was under scrutiny by the Council of State. The Government indicates in its 2006 report that the Press Act has not yet been amended, but the Order of the Administrative Reform Council No. 42, of 21 October 1976, which contained provisions limiting freedom of publication, has been repealed. While noting this information, the Committee requests the Government to keep the ILO informed of developments concerning the amendment of the Press Act. Pending the amendment, and noting also the Government’s indication that the Act has been applied in practice only in a few cases, the Committee requests the Government to provide information on the application in practice of the following provisions of the Press Act, to which the Committee referred previously: section 62 (publishing of any matter relating to international political affairs, where such publication has been prohibited by the police in the interests of public order) and section 63 (publishing any matter which contravenes a censorship order imposed in case of declaration of a state of emergency).