Interim Report - Report No 60, 1962

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

1. 183. This case, already considered by the Committee at its 24th (February 1960), 25th (May 1960), 26th (November 1960), 27th (February 1961) and 28th (May 1961) Sessions, was further examined by the Committee at its 29th Session (November 1961), when it submitted a further interim report in paragraphs 475 to 481 of its 58th Report, which was approved by the Governing Body at its 150th Session (November 1961).

A. A. The complainants' allegations

1. 184. Paragraph 481 of the Committee's 58th Report reads as follows:
2. 481. In these circumstances the Committee, noting with regret the Government's statement that it has no further substantial progress to report, recommends the Governing Body:
   • (a) to express the hope that every effort will now be made to submit the text of the proposed new labour legislation to the Legislative Assembly at the earliest possible date and that it will give full effect to the principles enunciated in paragraph 477 above, and to request the Government to keep the Governing Body informed of the progress made in this connection;
   • (b) 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, 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;
   • (c) to draw the attention of the Government to its view that a situation in which proceedings have been completed in the cases of only four of the 19 trade unionists arrested as long ago as October 1958 is not compatible with the generally accepted principle enunciated in subparagraph (b) above, and to request the Government to furnish as a matter of urgency, having regard to the said principle, information as to the legal or judicial proceedings taken in respect of the trade unionists in question.
3. 185. In paragraph 477 of its 58th Report, referred to in paragraph 481 (a) thereof cited above, the Committee, as it had done in its earlier interim reports on this case, emphasised the importance which it has always attached I to the fact that the right to bargain freely with employers with respect to conditions of work constitutes an essential element in freedom of association and to the principle that trade unions should have the right, through collective bargaining or other lawful means, to seek to improve the living and working conditions of those whom the trade unions represent, and that the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof.
4. 186. This decision of the Governing Body was brought to the notice of the Government of Thailand by a letter dated 29 November 1961.
5. 187. In a letter dated 15 January 1962 the Government states that there is no substantial progress to report at present in addition to that contained in its letter dated 1 September 1961.
6. 188. In the said letter dated 1 September 1961 the Government, as indicated in paragraph 479 of the Committee's 58th Report, had simply stated in the same terms that there was no substantial progress to report since that contained in its earlier letter of 26 April 1961 -in which the Government had stated that the new Labour Act had been finalised and would be submitted to the Legislative Assembly as soon as possible, while judicial proceedings against the former trade unionists were continuing " with due attention and expedition ".

The Committee's recommendations

1. 189. In these circumstances the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government 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 all the generally recognised principles relating to freedom of association;
   • (b) to note with regret that the Government should again have found itself unable to report any further substantial progress;
   • (c) to request the Government, having regard to the fact that as long ago as 26 April 1961 the Government stated that the text of the new Labour Act had been finalised and would be submitted to the Legislative Assembly as soon as possible, to state whether the finalised text of the new Labour Act has now been submitted to the Legislative Assembly or, if not, whether it will be so submitted in the near future;
   • (d) 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;
   • (e) to draw the attention of the Government to its view that a situation in which proceedings have been completed in the cases of only four of the 19 trade unionists arrested as long ago as October 1958 is incompatible with the generally accepted principle enumerated in subparagraph (d) above;
   • (f) to request the Government to furnish as a matter of urgency, having regard to the principle set forth in subparagraph (d) above, information as to the legal and judicial proceedings taken in respect of each of the remaining 15 trade unionists or, if proceedings have not been taken, information as to the present situation in the 15 cases in question.