Interim Report - Report No 93, 1967

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

1. 162. This case, already considered by the Committee at its 24th, 25th, 26th, 27th, 28th, 29th, 30th, 31st, 33rd, 34th and 40th Sessions (February 1960, May 1960, November 1960, February 1961, May 1961, November 1961, February 1962, May 1962, February 1963, May 1963 and May 1965), was further examined by the Committee at its 42nd Session (February 1966), when it submitted a further interim report in paragraphs 92 to 102 of its 87th Report, which was approved by the Governing Body at its 164th Session (February-March 1966).

A. A. The complainants' allegations

1. 163. Paragraph 102 of the Committee's 87th Report contains the recommendations of the Committee as adopted by the Governing Body, and reads as follows:
2. 102. In all 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.
3. 164. The above request to furnish further information was brought to the notice of the Government by a letter dated 7 March 1966. Further information was furnished by the Government in two communications dated respectively 2 June and 14 October 1966.
4. 165. With regard to the proposed Labour Protection Bill referred to in paragraph 102 (b) of the Committee's 87th Report cited above, the Government states in its letter dated 2 June 1966 that the drafting of the measure is still continuing, some delay in its promulgation having been caused by the " general desire to give it realistic and practical value ", and that, as soon as it has been enacted, copies will be forwarded.
5. 166. With regard to the matters referred to in paragraph 102 (e) of the Committee's 87th Report the Government declares that it has always been considering the question of assisting workers to establish trade unions to protect their interests, but that it is not yet possible to enact a law to guarantee this right as the Consultative Board on Labour, which is studying the matter, needs time to deliberate on it with great care. After this deliberation, states the Government, recommendations for such a law will be submitted to the Legislative Body, after the promulgation of the Constitution.
6. 167. With regard to the question referred to in paragraph 102 (h) of the Committee's 87th Report, the Government states in its letter dated 2 June 1966 that legal proceedings, including those in cases against ex-trade unionists, cannot be anticipated, and that these matters are under the jurisdiction of the courts of justice. Since 9 September 1965, when Mr. Sang Phathanothai (former President and later General Secretary of the Thai National Trades Union Congress) was acquitted, the cases regarding other ex-trade unionists have been pending trial by the courts. In its further letter dated 14 October 1966 the Government states that the charges against Mr. Thongbai Thongpound have been withdrawn and that the Court ordered his release, which took effect on 9 September 1966; cases are pending in the Bangkok Martial Court against Mr. Prasert Khamplumchitr, Mr. Vichitr Mahasin, Mr. Chammong Harith, Mr. Prakob Tolaklam, Mr. Yunfa Sae Lau and Mr. Karuna Kuslasai. The Government adds that the Department of the Judge Advocate-General has stated that proceedings in respect of these persons have already been expedited in accordance with the official policy.

The Committee's recommendations

1. 168. In all the circumstances the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government once again to the finding in the 87th Report of the Committee 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 unions for the protection of their interests, is contrary to the 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) (i) to note that the proposed law to guarantee the right to form trade unions has not so far been enacted;
   • (ii) to regret the delay in giving legal effect to this guarantee of the workers' fundamental rights, 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;
   • (iii) 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) (i) to reaffirm once 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 in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions;
   • (ii) to take note of the Government's statement that the charges against Mr. Thongbai Thongpound have been withdrawn and that the Court ordered his release, which took effect on 9 September 1966, and that the cases pending in the Bangkok Martial Court against the six other trade unionists still in detention who are named in paragraph 167 above have already been expedited;
   • (iii) to express the hope that the proceedings in question will be concluded at an early date, and to request the Government to be good enough to inform the Governing Body as a matter of urgency as to the outcome of these proceedings and to furnish copies of the judgments given and of the reasons adduced therein.