Interim Report - Report No 49, 1961

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

1. 190. This case, already considered by the Committee at its meeting on 17 and 18 February 1960, was further examined by the Committee at its meeting on 20 May 1960, when it submitted an interim report in paragraphs 124 to 131 of its 47th Report, which was approved by the Governing Body at its 145th Session (27-28 May 1960).

A. A. The complainants' allegations

1. 191. Paragraph 131 of the Committee's 47th Report reads as follows:
2. 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.
3. 192. In paragraph 126 of its 47th Report, referred to in paragraph 131 (c) 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. 193. The decision of the Governing Body cited in paragraph 191 above was brought to the notice of the Government of Thailand by a letter of the Director-General dated 13 June 1960. The Government furnished further information in a letter dated 8 September 1960.
5. 194. In its communication dated 8 September 1960, the Government states that a new Act for the Protection of Labour and a Compensation Act have been drafted and that preparations are being made to submit these drafts to the Legislative Assembly.
6. 195. With respect to the 19 accused persons referred to in paragraph 131 (d) of the Committee's 47th Report, the Government states that one has been prosecuted according to the law of the land, three are the subject of proceedings of the Court, five cases are to be submitted for prosecution orders, seven cases are under investigation and three of the persons have been released.

The Committee's recommendations

1. 196. In these circumstances the Committee recommends the Governing Body:
   • (a) to take note of the Government's statement that drafts of a new Act for the Protection of Labour and of other legislation have been drawn up and that preparations are being made to submit these drafts to the Legislative Assembly;
   • (b) to request the Government to keep the Governing Body informed as to further progress 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 192 above;
   • (d) to note, with respect to the allegations relating to the arrest and detention of trade unionists, the Government's statement that, of the 19 persons arrested, one has been prosecuted according to the law of the land, three are the subject of proceedings of the Court, five cases are to be submitted for prosecution orders, seven cases are under investigation and three of the persons have been released;
   • (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.