Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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:

Repetition

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

• – section 75: prohibition for a group of 15 or more persons to carry out activities 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.

Recalling 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 has also referred to paragraphs 162–163 of its General Survey of 2007 on the eradication of forced labour to point out 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 notes the Government’s statement that there have been no reports on the execution of these provisions. However, 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 and the indicated practice. Pending the adoption of such measures, 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.

The Committee notes the Government’s statement that the Press Act was repealed by virtue of the issuance of the Printing Registration Act BE 2550 (2007). The Committee asks the Government to provide, with its next report, a copy of the Printing Registration Act BE 2550 (2007) for examination by the Committee.

Article 1(d). Sanctions involving compulsory labour as a punishment for having participated in strikes. Over a number of years the Committee has been referring to section 117 of the Criminal Code, under which 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 (involving compulsory labour). The Committee has noted previously the Government’s indication that this section had never been applied in practice. The Government indicates in its latest report that, while it acknowledges the Committee’s concerns, it must reiterate that the impact of section 117 is narrowed to only those people who launch a strike with the intention to change state laws, intimidate the Government or innocent people. The Government further reiterates that this section is not intended to limit the right to strike for the sake of the economic and social objectives affecting occupational interests of workers.

While noting the Government’s views concerning the scope of section 117, the Committee reiterates its hope that the necessary measures will be taken, on the occasion of the next possible revision of the Criminal Code, to amend section 117 in such a way that it would be clear from the text itself that strikes pursuing economic and social objectives affecting the workers’ occupational interests are removed from the scope of sanctions under this section, in order to bring this provision into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee asks the Government to continue to supply information on the application of this provision in practice, including copies of the court decisions defining or illustrating its scope.