Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views. Criminal Code and the Computer Crimes Act. The Committee notes that section 112 of the Criminal Code states that whoever defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to 15 years. The Committee also notes that sections 14 and 15 of the Computer Crimes Act of 2007 prohibit the use of a computer to commit an offence under the provisions of the Criminal Code concerning national security (including section 112 of the Criminal Code), with a possible sanction of five years imprisonment. Moreover, the Committee notes that, according to the Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, of 4 June 2012, there has been a recent increase in lèse majesté cases pursued by the police and the courts. In this regard, the Special Rapporteur urged the Government to hold broad-based public consultations to amend its criminal laws on lèse majesté, particularly section 112 of the Criminal Code and the Computer Crimes Act (A/HRC/20/17 paragraph 20). The Committee further notes the information in a compilation prepared by the Office of the High Commissioner for Human Rights for the Human Rights Council’s Universal Periodic Review that the UN Country Team in Thailand indicated that a number of individuals have received lengthy prison sentences for breaching the lèse majesté laws.

In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour as a punishment for holding or expressing political views or of opposition to the established political, social or economic system. The Committee therefore urges the Government to take the necessary measures to repeal or amend section 112 of the Criminal Code and sections 14 and 15 of the Computer Crimes Act, so that persons who peacefully express certain political views cannot be sentenced to a term of imprisonment which involves compulsory labour. The Committee requests the Government to provide information on measures taken in this regard, in its next report.

Article 1(c). Sanctions involving compulsory labour as a means of labour discipline. The Committee previously noted that pursuant to sections 131–133 of the Labour Relations Act BE 2518 (1975), penalties of imprisonment (involving compulsory labour) may be imposed on any employee who violates or fails to comply with an agreement on terms of employment or a decision on a labour dispute under sections 18, 22–24, 29 and 35(4) of the Act. It observed that such provisions were contrary to the provisions of the Convention, as it provided for sanctions involving compulsory labour as a means of labour discipline. However, the Committee noted the Government’s statement that the Ministry of Labour was trying to take measures to bring the Labour Relations Act into closer conformity with the Convention.

The Committee notes the Government’s statement that there has been significant progress concerning the revision of the Labour Relations Act. The Government indicates that the Committee on the Revision of Labour Relations Laws has considered a draft revised version of the Act, which proposes repealing sections 131–133, in order to achieve compliance with the Convention. The Government further indicates that this draft version has been submitted to the Council of State for further consideration. The Committee requests the Government to take the necessary measures to ensure that the draft revision of the Labour Relations Act, repealing sections 131–133, is adopted in the near future, to ensure that sanctions of imprisonment (involving compulsory labour) cannot be imposed as a means of labour discipline. It requests the Government to continue to provide information on progress made in this regard, in its next report.

Article 1(d). Sanctions involving compulsory labour as a punishment for having participated in strikes. The Committee previously noted that pursuant to provisions of the Labour Relations Act penalties of imprisonment (involving compulsory labour) may be imposed for participation in strikes, if: (i) the minister orders the strikers to return to work, being of the opinion that the strike may affect the national economy or cause hardship to the public or endanger national security or be contrary to public order (pursuant to section 140 read in conjunction with section 35(2)); and (ii) 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 Labour Relations Committee under section 24 (pursuant to section 139 read in conjunction with section 34(5)). The Committee also noted that the State Enterprise Labour Relations Act BE 2543 (2000) (SELRA) prohibits strikes in state enterprises (section 33), and that violation of this prohibition is punishable with imprisonment (involving compulsory labour) for a term of up to one year. This penalty is doubled in the case of a person who instigates this offence (section 77). However, the Committee noted the Government’s indication that the Committee on the Revision of Labour Relations Laws was going to examine the feasibility of revising the SELRA to bring it into conformity with the Convention.

The Committee notes the Government’s statement that the Committee on the Revision of Labour Relations Law has considered a revision of both the Labour Relations Act and the SELRA, with a view to bringing them into conformity with the Convention. The Government states that there has been progress with regard to repealing sections 139 and 140 of the Labour Relations Act, as well as repealing sections 33 and 77 of the SELRA. The Committee further notes the Government’s statement that the draft revision of both Acts has been submitted to the Council of State for further consideration. The Committee requests the Government to pursue its efforts to ensure that draft revisions of both the Labour Relations Act (repealing sections 139 and 140) and the SELRA (repealing sections 33 and 77) are adopted in the near future to ensure that no sanctions involving compulsory labour can be imposed for peaceful participation in a strike. It requests the Government to continue to provide information on progress made in this regard, and a copy of the amended Acts, once adopted.

The Committee is raising other points in a request addressed directly to the Government.