Interim Report - Report No 52, 1961

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

1. 156. This case, already considered by the Committee at its meetings on 17 and 18 February 1960 and on 20 May 1960, was further examined by the Committee at its meeting on 8 November 1960, when it submitted an interim report in paragraphs 190-196 of its 49th Report, which was approved by the Governing Body at its 147th Session (15-18 November 1960).

A. A. The complainants' allegations

1. 157. Paragraph 196 of the Committee's 49th Report reads as follows:
2. 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 submitted for prosecuted 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.
3. 158. In paragraph 192 of its 49th Report, referred to in paragraph 196 (c) 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. 159. The decision of the Governing Body cited in paragraph 157 above was brought to the notice of the Government of Thailand by a letter of the Director-General dated 23 November 1960.
5. 160. In a reply dated 28 December 1960 the Government again states that a new Labour Act has been drawn up and " is now under consideration with a view to submitting the draft to the Legislative Assembly ".
6. 161. With respect to the 19 accused persons referred to in paragraph 196 (f) of the Committee's 49th Report, the Committee, when it examined the case at its last meeting, had before it information from the Government to the effect that one person had been prosecuted, three were the subject of court proceedings, five cases were being " submitted for prosecution orders ", seven cases were under investigation and three persons had been released. The Government now states, in its letter dated 28 December 1960, that, with regard to the judicial proceedings to be taken against former trade unionists, the matter is now being expedited.

The Committee's recommendations

1. 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 or 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.