Interim Report - Report No 87, 1966

Case No 202 (Thailand) - Complaint date: 08-JUN-59 - Closed

1. 92. This case, already considered by the Committee at its 24th, 25th, 26th, 27th, 28th, 29th, 30th, 31st, 33rd and 34th Sessions (February 1960, May 1960, November 1960, February 1961, May 1961, November 1961, February 1962, May 1962, February 1963, and May 1963), was further examined by the Committee at its 40th Session (May 1965), when it submitted a further interim report in paragraphs 74 to 89 of its 83rd Report, which was approved by the Governing Body at its 162nd Session (May-June 1965).

A. A. The complainants' allegations

1. 93. Paragraph 89 of the Committee's 83rd Report contains the recommendations of the Committee, as adopted by the Governing Body, and reads as follows:
   • In all the circumstances the Committee recommends the Governing Body:
     • (a) to draw the attention of the Government once again, as it has done on a number of previous occasions, to the fact that the situation of the workers of Thailand, who since the dissolution of all the trade unions in Thailand in October 1958 have been unable to form and join trade union organisations for the protection of their interests, is contrary to generally recognised principles relating to freedom of association;
     • (b) to express its disappointment that, after stating on 26 April 1961 that a new Labour Act had been finalised and would be submitted to the Legislative Assembly as soon as possible, the Government now states, almost four years later, that a law on trade unions will not be considered until after the promulgation of a new Constitution;
     • (c) to urge the Government in the meantime to take steps to enable the workers to form trade unions to protect their interests and to request the Government to inform the Governing Body of the measures taken or intended to be taken in this connection;
     • (d) to request the Government to be good enough to furnish a text of the Announcement of the Ministry of the Interior on the protection of workers and to inform it as to the provisions of the Labour Protection Bill which it states is intended to amend the said announcement;
     • (e) to request the Government to state whether the Governing Body is correct in assuming that all the persons named in paragraphs 83 and 85 above are now at liberty;
     • (f) to reaffirm yet again the importance which the Governing Body has always attached to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions; and to draw the attention of the Government to its view that the continued detention of Mr. Sang Phathanothai and the other persons named in paragraph 87 above, against whom, after a long period of previous detention, court proceedings began on 5 October 1962 and are still pending, is incompatible with the said principle;
     • (g) to request the Government to be good enough to inform the Governing Body, as a matter of urgency, as to when it is anticipated that the pending proceedings against the persons in question will be concluded, and to furnish a copy of the judgment and of the reasons adduced therein.
   • 94. The above requests to furnish further information were brought to the notice of the Government by a letter dated 2 June 1965. Further information was furnished by the Government by a communication dated 18 November 1965.
2. 95. With regard to the question of taking steps to enable the workers to form trade unions to protect their interests, which the Governing Body urged the Government to do when it approved paragraph 89 (c) of the Committee's 83rd Report cited above, the Government states that the problems concerning the formation of trade unions have been continually studied and that a Bill on the settlement of labour disputes has been submitted to the legislative organisation and is expected to become law within a year.
3. 96. With regard to the matters referred to in paragraph 89 (d) of the Committee's 83rd Report, the Government, while forwarding the texts of the announcements on the protection of workers issued by the Ministry of the Interior, states that the Labour Protection Bill is still in process of being drafted.
4. 97. The first of the announcements referred to by the Government, issued on 31 October 1958, lists a number of diseases considered to be incidental to the nature or conditions of employment or arising from employment. The second and third, issued on 20 December 1958, and amended in certain respects on 23 March 1964, relate to rules and methods of payment and the amount of compensation and to working hours, holidays of employees, conditions of woman and child labour, payment of wages and welfare services. The fourth, issued on 5 January 1959, specifies the work considered to be detrimental to the health of employees and the work considered to be light work. The fifth, dated 23 March 1964, lays down rules regarding the weekly holiday.
5. 98. In paragraph 89 (e) of its 83rd Report the Committee recommended the Governing Body to request the Government to confirm that the trade unionists referred to in paragraphs 83 and 85 of that report were now at liberty.
6. 99. In its communication dated 18 November 1965 the Government states that these persons have enjoyed their full freedom since the dates on which they were released.
7. 100. The Government states that the court has acquitted Mr. Sang Phathanothai, former President and later General Secretary of the Thai National Trades Union Congress, and that the order for his release was effected on 9 September 1965.
8. 101. Finally, the Government states that the court proceedings (which began on 5 October 1962) are still pending in the cases of the seven other persons named in paragraph 87 of the Committee's 83rd Report: Mr. Prasert Khamplumchitr, Mr. Thongbai Thongpound, Mr. Vichitr Mahasin, Mr. Chamnong Harith, Mr. Prakob Tolaklam, Mr. Yunfa Sae Lau and Mr. Karuna Kuslasai.

The Committee's recommendations

1. 102. In all the circumstances the Committee recommends the Governing Body:
   • (a) to take note of the texts of announcements issued by the Minister of the Interior but, while appreciating that these announcements constitute a body of protective labour legislation, to draw the attention of the Government once again to the fact that the situation of the workers in Thailand, who since the dissolution of all the trade unions in Thailand in October 1958 have been unable to form and join trade unions for the protection of their interests, is contrary to generally recognised principles relating to freedom of association;
   • (b) to request the Government to be good enough to keep the Governing Body informed as to further developments with regard to the proposed Labour Protection Bill and to furnish the text thereof when it has been finalised;
   • (c) to note the Government's statement that the problems concerning the formation of trade unions have been continually studied, to express the hope that legislative action on this matter will be taken at the earliest possible moment, and to urge the Government once again to take steps in the meantime to enable the workers to form trade unions to protect their interests and to request the Government to be good enough to inform the Governing Body of the measures taken or intended to be taken in this connection;
   • (d) to note the Government's statement that the persons referred to in paragraphs 83 and 85 of the Committee's 83rd Report have enjoyed their full freedom since the dates on which they were released;
   • (e) to note the Government's statement that Mr. Sang Phathanothai, former President and later General Secretary of the Thai National Trades Union Congress, has been acquitted by the court and that the order for his release was effected on 9 September 1965;
   • (f) to reaffirm yet again the importance which the Governing Body has always attached to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions;
   • (g) to draw the attention of the Government once again to its view that the continued detention of the persons named in paragraph 101 above, against whom, after a long period of previous detention, court proceedings began on 5 October 1962 and are still pending, is incompatible with the principle enunciated in the preceding subparagraph;
   • (h) to request the Government to be good enough to inform the Governing Body, as a matter of urgency, as to when it is anticipated that the pending proceedings against the persons in question will be concluded, and to furnish a copy of the judgments and of the reasons adduced therein.