Interim Report - Report No 56, 1961

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

1. 135. This case, already considered by the Committee at its meetings on 17 and 18 February 1960, 20 May 1960 and 8 November 1960, was further examined by the Committee at its meeting on 23 February 1961, when it submitted an interim report in paragraphs 156 to 162 of its 52nd Report, which was approved by the Governing Body at its 148th Session (7-10 March 1961).

A. A. The complainants' allegations

1. 136. Paragraph 162 of the Committee's 52nd Report reads as follows:
2. 162. In these circumstances the Committee, noting that the Government has repeated its previous statement that the new Labour Act has been drawn up and is now under consideration with a view to submitting the draft to the Legislative Assembly, and has now stated with respect to the allegations relating to the arrest and detention of trade unionists that the judicial proceedings are being expedited, recommends the Governing Body:
   • (a) to express the hope that the legislation in question will be enacted at an early date and will give full effect to the principles enunciated in paragraph 158 above, and to request the Government to keep the Governing Body informed of the progress made in this connection;
   • (b) to reaffirm once more 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 request the Government to continue 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 persons referred to above and as to the results of those proceedings.
3. 137. In paragraph 158 of its 52nd Report, referred to in paragraph 162 (a) thereof cited above, the Committee emphasised the importance that it has always attached 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. 138. In a communication dated 26 April 1961 the Government states that the new Labour Act has been finalised and will be submitted to the Legislative Assembly as soon as possible, while judicial proceedings against the former trade unionists who were arrested " continue with due attention and expedition ".

B. B. The Committee's conclusions

1. 139. The Committee wishes to point out that the 19 trade unionists in question were arrested as long ago as October 1958 and that, so far, while three have been released, the Government has informed the Committee of the completion of the proceedings in the case of one of the other persons only.

The Committee's recommendations

1. 140. In these circumstances the Committee, noting the Government's statement that the new Labour Act has been finalised and will be submitted to the Legislative Assembly as soon as possible and that judicial proceedings against the former trade unionists who were arrested continue with due attention and expedition, recommends the Governing Body:
   • (a) to express the hope that now that the text has been finalised the legislation in question will be enacted at the earliest possible date and will give full effect to the principles enunciated in paragraph 137 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, and to request the Government to continue to furnish as a matter of urgency, having regard to the said principle, and, bearing in mind the fact that the trade unionists concerned in this case were arrested as long ago as October 1958, information as to the legal or judicial proceedings taken in respect of the persons referred to above and as to the results of those proceedings.