Interim Report - Report No 70, 1963

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

1. 125. This case, already considered by the Committee at its 24th, 25th, 26th, 27th, 28th, 29th, 30th and 31st Sessions (February 1960, May 1960, November 1960, February 1961, May 1961, November 1961, February 1962 and May 1962), was further examined by the Committee at its 33rd Session (February 1963), when it submitted a further interim report in paragraphs 81 to 93 of its 68th Report, which was approved by the Governing Body at its 154th Session (March 1963).

A. A. The complainants' allegations

1. 126. Paragraph 93 of the Committee's 68th Report contains the recommendations of the Committee and reads as follows:
2. 93. In these circumstances the Committee, which is gravely dissatisfied by the repeated failure of the Government of Thailand to give clear and prompt replies to specific requests by the Governing Body for information concerning the action taken by it in matters relating to freedom of association and the basic human rights of fair trial and personal freedom, recommends the Governing Body:
   • (a) to draw the attention of the Government yet again to the fact that the situation of the workers of Thailand, who, since the dissolution of all the trade unions in Thailand in October 1958, have been unable to form and join trade union organisations for the protection of their interests, is contrary to all the generally recognised principles relating to freedom of association;
   • (b) to express its regret that, after stating on 26 April 1961 that the text of a new Labour Act had been finalised and would be submitted to the Legislative Assembly as soon as possible, the Government, which stated in letters dated 1 September 1961, 15 January 1962 and 23 April 1962 that there was no substantial progress to report, now makes no reference to this matter in its letter dated 10 January 1963, in reply to the specific request for information addressed to it by the Governing Body when it adopted paragraph 125 (c) of the 62nd Report of the Committee cited in paragraph 82 above;
   • (c) to request the Government once again to state whether the finalised text of the new Labour Act has now been submitted to the Legislative Assembly, or, if not, to state what difficulties have prevented the implementation of the intention to legislate indicated in its letter of 26 April 1961;
   • (d) to reaffirm yet 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;
   • (e) to draw the attention of the Government once again to the view which it expressed when it adopted the 62nd Report of the Committee on 1 June 1962 that a situation in which proceedings had been completed in the cases of only four of the 19 trade unionists arrested as long ago as October 1958 is incompatible with the said principle;
   • (f) to draw the attention of the Government further to its view that the fact that one of these persons, Mr. Prayoon Chuenswasdi, former Assistant General Secretary of the Thai National T.U.C, after being cleared of the criminal charges brought against him, should still be held in detention is also incompatible with the said principle;
   • (g) to request the Government yet again to furnish as a matter of urgency, having regard to the principle set forth in subparagraph (d) above, information as to the legal and judicial proceedings taken in respect of the remaining 14 trade unionists, in addition to those still pending against Mr. Chuenswasdi, or, if proceedings have not been taken, information as to the present situation in the cases in question;
   • (h) to request the Government, having regard to its statement that police records reveal only four of the trade unionists named by the complainants as having been arrested, to be good enough to furnish the names of the 19 trade unionists stated by the Government to have been detained;
   • (i) to request the Government, having regard to the statements contained in its communication dated 10 January 1963, to be good enough to furnish information as to the present whereabouts of Mr. Sang Pattanothai, former President and later General Secretary of the Thai National T.U.C and to state whether he is in enjoyment of full personal freedom.
3. 127. This decision of the Governing Body was brought to the notice of the Government of Thailand by a letter dated 15 March 1963.
4. 128. In a communication dated 29 March 1963 the Government states that the draft of the new Labour Act is now completed, but that, under the present conditions and having regard also to the fact that a new national Constitution is being drafted, it maintains the view that the new Labour Act should be enacted only after the promulgation of the new Constitution.
5. 129. In a further communication dated 25 April 1963 the Government states that the matters on which Mr. Sang Pattanothai and his associates have submitted information to the complaining organisation have no connection with the offence under the Penal Code with which they are charged, and the Government, therefore, considers that it is entirely within its jurisdiction to proceed with the case in accordance with the existing legal procedure. Any publicity or statements relating to Communist doctrine is unlawful in Thailand, because the organisation or establishment of a Communist Party is illegal. Mr. Sang Pattanothai was arrested and charged with an act against the security of the State and with conducting Communist activities in violation of articles 83 and 116 of the Thai Penal Code and of sections 3, 4 and 5 of the Anti-Communist Activities Act, 1952. The Government states that the evidence shows that he has written articles for the press propagating Communist doctrine, which caused him to be arrested and detained for trial.
6. 130. The Government adds that Mr. Prayoon Chuenswasdi was sentenced to two years' imprisonment for an offence punishable under sections 83, 114 and 116 of the Penal Code. After his release he was again arrested and has been detained on a new charge of hooliganism.

B. B. The Committee's conclusions

1. 131. It is to be noted that the Government now states that Mr. Chuenswasdi was sentenced to a term of two years' imprisonment, whereas, in its communication dated 10 January 1963, it stated that he had been cleared of the former criminal charge brought against him.
2. 132. The Committee observes that the Government maintains that the offence with which Mr. Sang Pattanothai is charged is one related to subversive political activity not connected with the exercise of trade union rights. In earlier cases', where allegations that trade union leaders or workers have been arrested or detained for trade union activities or that their arrest or detention has restricted the exercise of trade union rights have been met by governments with statements that the arrests or detentions 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 or detentions, particularly in connection with the legal or judicial proceedings instituted and the results of such proceedings. If in certain cases the Committee has concluded that allegations relating to arrests or detentions of trade union militants did not call for further examination, this has been after it has received information from the governments showing sufficiently precisely and with sufficient detail that the arrests or detentions were in no way occasioned by trade union activities but solely by activities outside the trade union sphere which were either prejudicial to public order or of a political nature.

The Committee's recommendations

1. 133. In these circumstances the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government once again, as it has done on previous occasions, to the fact that the situation of the workers of Thailand, who, since the dissolution of all the trade unions in Thailand in October 1958, have been unable to form and join trade union organisations for the protection of their interests, is contrary to generally recognised principles relating to freedom of association;
   • (b) to express its disappointment that, after stating on 26 April 1961 that the text of a new Labour Act had been finalised and would be submitted to the Legislative Assembly as soon as possible, the Government, almost two years later, only states that the draft of this text has now been completed, but will still not be submitted to the Legislative Assembly until after the promulgation of a new Constitution which is only in the stage of being drafted; and to request the Government to state when it is anticipated that the draft Labour Act will be submitted to the Legislative Assembly;
   • (c) to draw the attention of the Government to the importance which the Governing Body attaches to its taking promptly steps to enable the workers to form organisations of their own choosing in the meantime in order to defend their interests, and to request the Government to inform the Governing Body as a matter of urgency as to the steps it intends to take;
   • (d) to reaffirm yet 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 draw the attention of the Government yet again to its view that a situation in which proceedings had been completed in the cases of only four of the 19 trade unionists arrested as long ago as October 1958 is incompatible with the said principle;
   • (e) to request the Government to explain the position with regard to Mr. Prayoon Chuenswasdi, former Assistant General Secretary of the Thai National T.U.C, having regard to the fact that, whereas in its communication dated 10 January 1963 the Government stated that he had been cleared of the former criminal charge brought against him but was being further detained on a charge of hooliganism, it now states, in its communication dated 25 April 1963, that this detention on a charge of hooliganism is subsequent to his discharge of a term of two years' imprisonment for an offence punishable under the Penal Code, and, if in fact he was sentenced to a term of two years' imprisonment, to be good enough to furnish a text of the judgment in his case, together with the reasons adduced therein;
   • (f) to deplore that the Government has ignored the request addressed to it by the Governing Body to furnish information on the matters referred to in subparagraphs (g) and (h) of paragraph 93 of the 68th Report of the Committee cited in paragraph 126 above; to request the Government, therefore, yet again to furnish as a matter of urgency, having regard to the principle set forth in subparagraph (d) above, information as to the legal or judicial proceedings taken in respect of the remaining 14 trade unionists, in addition to those pending against Mr. Chuenswasdi and Mr. Sang Pattanothai, or, if proceedings have not been taken, information as to the present situation in the cases in question;
   • (g) to request the Government, having regard to its earlier statement that police records reveal only four of the trade unionists named by the complainants as having been arrested, to be good enough to furnish, as a matter of urgency, the names of the 19 trade unionists stated by the Government to have been detained.