Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Thaïlande (Ratification: 1969)

Article 1(a) of the Convention. Penal Sanctions involving compulsory labour as a punishment for holding or expressing political views. Offences related to the expression of views though information systems. In its previous comments the Committee requested the Government to provide information on the application of the following provisions of the Computer Crimes Act (as amended in 2017) which provide for sanctions of imprisonment involving compulsory labour pursuant to section 48 of the Corrections Act B.E. 2560 (2017):

Section 14: Any person who

• dishonestly or fraudulently bring forged or false computer data into a computer system in a manner that is likely to cause damage to the people and which is not an offence of defamation under the Criminal Code;
• bring data into a computer system that in a manner that is likely to damage national security, public safety, national economic security or infrastructure of public interest or cause panic.

Section 15: Any service provider intentionally supporting or consenting to an offence under section 14 within a computer system under its control shall be subject to the penalty provided for under that section.

The Committee notes that the Government indicates that the objective of sections 14 and 15 is to protect public interests, public safety, economic stability, and critical infrastructure, and must involve specifically dishonest or deceitful intention. The Committee also notes the summaries of jurisprudence provided by the Government related to the application of sections 14 and 15 of the Computer Crimes Act. It observes that these examples do not illustrate how the expression “likely to cause damage to the people” (in section 14(1)) is understood and applied, nor do they indicate what could constitute a damage to national security, public safety, or national economic security (section 14(2)). The Committee wishes to recall that while restrictions to the exercise of freedom of expression and association for the sake of public order, State security, or for protecting the right of others are outside the scope of the protection granted by the Convention, such restrictions shall meet the requirements of legality, necessity and proportionality (General observation, 2023).

The Committee therefore requests the Government to ensure that sections 14 and 15 of the Computer Crimes Act are not applied in a manner that could lead to the imposition of a penalty involving compulsory labour on persons who, without use of violence or incitement to violence, express political views or views ideologically opposed to the established political, social, and economic system. The Committee requests the Government to continue to provide examples of jurisprudence illustrating the scope and meaning of sections 14 and 15 of the Computer Crimes Act.

Article 1(d). Sanctions involving compulsory labour for participation in strikes. The Labour Relations Act and the State Enterprise Labour Relations Act. In its previous comments, the Committee noted that the Government initiated the review of the following legal provisions that establish sanctions of imprisonment for taking part in strikes:

• Sections 131 to 133 of the Labour Relations Act BE 2518 (1975) (LRA of 1975) which provide for penalties of imprisonment for violating or failing to comply with an employment contract or award, a decision of the labour relations committee or a decision on a labour dispute.
• Section 140 of the same Act, read in conjunction with section 35(2), which provides for penalties of imprisonment for failing to comply with the minister´s order for strikers to return to work, when the strike may affect the national economy or cause hardship to the public or endanger national security or be contrary to public order.
• Section 77 of the State Enterprise Labour Relations Act BE 2543 (2000) (SELRA), read together with section 33, which provides for sanction of imprisonment for taking part in strikes in state enterprises.

The Committee notes the Government’s indication that amendments to the State Enterprise Labour Relations Act, B.E. 2543 (2000) were examined and completed by the Office of the Council of State to become the draft Labour Relations in State Act and was sent to the House of Representatives for consideration. The Government also indicates that, in 2022, the State Enterprise Labour Union and the Heads of the State Enterprise Labour Relations Confederation provincial coordination centres sent a letter to the Prime Minister to object to the draft. As a result, the Ministry of Labour withdrew the draft and is in the process of consulting with relevant stakeholders on the content of the amendments. With regard to the Labour Relations Act B.E. 2518 (1975), the Ministry of Labour proposed amendments to the Labour Relations Act which were reviewed by the Office of the Council of State but opposed by a group of employers comprising 13 organizations. Consequently, the Office of the Council was requested to return the draft to pursue further consultations with employers’ and workers’ organizations.

The Committee refers to its observation and recalls that it has continuously emphasized that no penal sanctions (including imprisonment involving compulsory labour) should be imposed against a worker for having peacefully carried out a strike and thus for merely exercising an essential right. The Committee thereforerequests the Government to provide information on the measures taken to ensure that sections 131, 132, 133 and 140 of the Labour Relations Act as well as section 77 of the State Enterprise Labour Relations Act are amended so that no penal sanctions involving compulsory prison labour can be imposed as a punishment for peaceful participation in strikes.