Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Referring to its observation on the Convention, the Committee requests the Government to supply information on the following points.

Prison labour. 1. The Committee noted previously that, under section 18 of the Criminal Code B.E. 2499 (1956), penalties to be imposed on offenders comprise imprisonment and detention, and under section 25, paragraph 2, a detainee shall perform work in accordance with the rules and regulations applicable at the place of his detention. The Committee noted that the Penitentiary Act B.E. 2479 (1936), the Act on Confinement Procedures under Criminal Code B.E. 2506 (1963) and the Act on the Rules of Practice on Relegation under the Criminal Code B.E. 2510 (1967) were still in force.

The Committee notes the Government's indication in its report that the Penitentiary Act B.E. 2497 (1954) is not shown in the Thai Legislative Series. The Committee has further noted the Act on Confinement Procedures under the Criminal Code B.E. 2506 (1963), the Act on the Rules of Practices on Relegation under the Criminal Code B.E. 2510 (1967) as well as two Ministerial Regulations made under each Act. The Committee would appreciate receiving information on measures taken and a copy of any regulations adopted pursuant to section 5 of Act B.E. 2506 and section 5 of Act B.E. 2510 as concerns work, education and training.

The Committee further notes the Government's repeated indication in its report that forced or compulsory labour is never imposed as a penalty in Thai legislation. The Committee refers again to the explanations provided in sections 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour where it indicated that compulsory labour in any form, including compulsory prison labour, falls within the scope of the Convention in so far as it is exacted in one of the five cases specified in Article 1 of the Convention.

Article 1(a) of the Convention. 2. In its previous comments, the Committee referred to the following provisions of the Criminal Code B.E. 2499 (1956): section 116 (advocating change of the laws of the Kingdom or causing disorder or disaffection among the people); sections 209 to 213 (dealing with secret societies and criminal associations); sections 207, 215 and 216 (dealing with unlawful assemblies); and section 384 (alarming the public by circulating false reports). The Committee requested the Government to provide information on the practical application of these provisions.

In its report, the Government refers to the constitutional and procedural guarantees enshrined in the Constitution and in the Penal Code. The Government states that no provision imposes an obligation of any work, service or labour, violation of which would be penalised nor does it specify forced labour as a punishment for any offence; violation of the above-mentioned sections is punishable by imprisonment or fine or both, not by forced or compulsory labour. The Government further states that during the last 20 years few cases have been filed under section 116 and no case involving other sections has been noted. Referring also to the explanations given under point 1 above, concerning compulsory prison labour, the Committee requests the Government to provide particulars of the cases filed under section 116 and to continue to provide in its future reports information on the practical application of the provisions in question.

3. The Committee notes the Government's information in its report that the Political Parties Act B.E. 2517 (1974) has been replaced by the Political Parties Act B.E. 2524 (1981) and that sections 35(1) and (2), whereby a court could order the dissolution of a political party, have been substituted by sections 47(1) and (2) of the new Act; section 52 imposing penal sanctions of imprisonment and/or fine has been repealed. The Committee requests the Government to provide a copy of the Political Parties Act B.E. 2524 (1981).

4. In its previous direct request the Committee requested the Government to provide information on the practical application of the following provisions of the Press Act B.E. 2484 (1941): section 62 (publishing of any matter relating to international political affairs, where such publication has been prohibited by the police in the interests of public order) and section 63 (publishing any matter which contravenes a censorship order imposed in case of declaration of a state of emergency).

The Committee notes the Government's information in its report that violation of these provisions imposing penal sanctions are applied in a strict manner and offenders enjoy full guarantee of their rights of defence. The Act aims at maintaining peace and order of expression and publication. The Committee would again ask the Government to supply information on the practical application of these provisions, including the number of convictions with penalties of imprisonment and particulars of court decisions.

5. The Committee requests the Government to provide information on any state of emergency or martial law in force and on any prohibitions made under sections 8 and 9 of the Emergency Administration Act, 1952, regarding public meetings and the expression of opinions.