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- 124. This case was examined by the Committee at its meeting on 17 and 18 February 1960, when it submitted an interim report in paragraphs 126 to 144 of its 44th Report, which was approved by the Governing Body at its 144th Session (1-4 March 1960).
- 125. Paragraph 144 of the Committee's 44th Report reads as follows:
- 144. In all the circumstances, the Committee recommends the Governing Body:
- (a) to request the Government to indicate when it anticipates that the drafting of a new Labour Act will have been completed and whether it is intended that the new legislation will fully guarantee and protect the right to organise and to form trade unions, and to furnish information as to its intentions in the meantime with regard to granting applications that may be made by trade union leaders and workers to form trade unions to protect their interests by means of collective bargaining;
- (b) to draw the attention of the Government to the importance of giving full effect to the principles enunciated in paragraph 137 above in the proposed new legislation now being considered;
- (c) to request the Government to furnish, as a matter of urgency, and having regard to the principles enunciated in paragraph 141 above, further information as to the reasons for the arrests and detention of and as to the present position of the trade unionists who are still detained, including information as to the legal or judicial proceedings taken in respect of such persons and as to the results of those proceedings.
- 126. In paragraph 137 of its 44th Report, referred to in paragraph 144 (b) 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 ".
- 127. In paragraph 141 of its 44th Report, referred to in paragraph 144 (c) cited above, the Committee emphasised the importance which it 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. The Committee also recalled that in the past, where allegations that trade union leaders or workers have been arrested for trade union activities have been met by governments with statements that the arrests were made for subversive activities, for reasons of internal security or for common law crimes, the Committee has followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof and the result of such proceedings.
- 128. The decision of the Governing Body cited in paragraph 125 above was brought to the notice of the Government of Thailand by a letter of the Director-General dated 17 March 1960. The Government furnished further information in a letter dated 25 April 1960.
- 129. In its communication dated 25 April 1960 the Government states that an ad hoe committee was set up to draft a new Labour Act for the purpose of guaranteeing, among other things, the right of association and collective bargaining in accordance with the generally recognised international practice, taking into consideration the economic and social condition and requirements of the country. The Government adds that this will obviously take time in order to avoid all possible shortcomings of the kind experienced in the past.
- 130. With regard to the arrest and detention of trade unionists, the Government states that 19 persons have been arrested and brought to trial on charges or conspiracy against the security of the State and of Communist activities. One of the accused has already been prosecuted according to the law of the land, while the necessary administrative and judicial proceedings are continuing in the other 18 cases.
The Committee's recommendations
The Committee's recommendations
- 131. In these circumstances, the Committee recommends the Governing Body:
- (a) to take note of the information given by the Government with respect to the establishment of the ad hoc committee set up to draft a new Labour Act for the purpose of guaranteeing, among other things, the right of association and collective bargaining;
- (b) to request the Government to keep the Governing Body informed as to progress made in this connection;
- (c) to draw the attention of the Government once again to the importance of giving full effect in the proposed new legislation to the principles enunciated in paragraph 126 above.
- (d) to note, with respect to the allegations relating to the arrest and detention of trade unionists, the Government's statement that 19 persons have been brought to trial, one having already been prosecuted according to the law of the land, while administrative and judicial proceedings are continuing in the other 18 cases;
- (e) to reaffirm 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;
- (f) 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 19 persons referred to in subparagraph (d) above and as to the results of those proceedings.
