Interim Report - Report No 62, 1962

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

1. 120. This case, already considered by the Committee at its 24th, 25th, 26th, 27th, 28th and 29th Sessions (February 1960, May 1960, November 1960, February 1961, May 1961 and November 1961), was further examined by the Committee at its 30th Session (February 1962), when it submitted a further interim report in paragraphs 183 to 189 of its 60th Report, which was approved by the Governing Body at its 151st Session (March 1962).

A. A. The complainants' allegations

1. 121. Paragraph 189 of the 60th Report reads as follows:
2. 189. In these circumstances the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government 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 note with regret that the Government should again have found itself unable to report any further substantial progress;
   • (c) to request the Government, having regard to the fact that as long ago as 26 April 1961 the Government stated that the text of the new Labour Act had been finalised and would be submitted to the Legislative Assembly as soon as possible, to state whether the finalised text of the new Labour Act has now been submitted to the Legislative Assembly or, if not, whether it will be so submitted in the near future;
   • (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 to its view that a situation in which proceedings have been completed in the cases of only four of the 19 trade unionists arrested as long ago as October 1958 is incompatible with the generally accepted principle enumerated in subparagraph (d) above;
   • (f) to request the Government 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 each of the remaining 15 trade unionists or, if proceedings have not been taken, information as to the present situation in the 15 cases in question.
3. 122. This decision of the Governing Body was brought to the notice of the Government of Thailand by a letter dated 16 March 1962.
4. 123. In a letter dated 23 April 1962 the Government states that there is no substantial progress to report at present in addition to that contained in its letter dated 15 January 1962.
5. 124. In the said letter dated 15 January 1962, and yet again in a previous letter dated 1 September 1961, the Government had simply stated, in the same terms, that there was no substantial progress to report since that contained in its earlier letter of 26 April 1961-in which the Government had stated that the new Labour Act had been finalised and would be submitted to the Legislative Assembly as soon as possible, while judicial proceedings against the former trade unionists were continuing " with due attention and expedition ".

The Committee's recommendations

1. 125. In these circumstances the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government once 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 deplore the fact that in its letter dated 23 April 1962 the Government has found it possible only to repeat the statements contained in its earlier letters dated 1 September 1961 and 15 January 1962 to the effect that there is no substantial progress to report;
   • (c) to request the Government once again, having regard to the fact that as long ago as 26 April 1961 the Government stated that the text of the new Labour Act had been finalised and would be submitted to the Legislative Assembly as soon as possible, 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 its view that a situation in which proceedings have been completed in the cases of only four of the 19 trade unionists arrested as long ago as October 1958 is incompatible with the generally accepted principle enumerated in subparagraph (d) above, especially bearing in mind that the Government stated in its letter dated 26 April 1961 that judicial proceedings in these cases were continuing " with due attention and expedition ";
   • (f) 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 each of the remaining 15 trade unionists or, if proceedings have not been taken, information as to the present situation in the 15 cases in question.