Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that no report was received from the Government. The Committee has however noted the adoption of the State Enterprise Labour Relations Act of 15 April 1991, referred to in point 6 of the present observation. In the absence of a reply to its previous observation, the Committee must once again raise the following matters:

Article 1(a) of the Convention. 1. The Committee noted previously that penalties of imprisonment may be imposed under sections 4, 5, 6 and 8 of the Anti-Communist Activities Act B.E. 2495 (1952) on anyone who engages in communist activities, or who conducts propaganda or makes any preparation with a view to carrying on communist activities, who is a member of any communist organisation, or who attends any communist meeting unless he can prove that he did so in ignorance of its nature and object. Similarly, under sections 9, 12 and 13 to 17 of the same Act, inserted by the Anti-Communist Activities Act (No. 2) B.E. 2512 (1969), penalties of imprisonment may be imposed on whoever assists any communist organisation or member of such organisation in a variety of ways, who propagates communist ideology or principles leading to the approval of such ideology, or who contravenes restrictions imposed by the Government on movements, activities and liberties of persons in any area classified as a communist infiltration area.

The Committee noted the Government's statement in its report for the period ending June 1988 that the above-mentioned provisions concerned illicit actions and penalties enforced in respect of any person who acts or co-ordinates or supports or joins as a member the communist organisation and that these provisions are designed to maintain the security and safety of the country and people.

The Committee again observed that these provisions were not limited in scope to the punishment of violence or incitement to violence, but may be used as a means of political coercion or as a punishment for holding or expressing, even peacefully, certain political views or views ideologically opposed to the established political, social or economic system, and are accordingly incompatible with Article 1(a) of the Convention in so far as the penalties provided involve compulsory labour. The Committee expressed the hope that the necessary measures would be adopted in this regard to ensure the observance of the Convention. The Committee examined certain other provisions in relation to Article 1(a) in a request addressed directly to the Government.

Article 1(c). 2. The Committee previously noted that sections 5, 6 and 7 of the Act for the Prevention of Desertion or Undue Absence from Merchant Ships, B.E. 2466 (1923), provided for the forcible conveyance of seamen on board ship to perform their duties.

The Committee had noted the Government's indication that a committee to review seamen's legislation had been established. The Committee again expressed the hope that the repeal of these provisions would be included in the review process and that the Government would report on the action taken.

3. The Committee noted previously that under sections 131 and 133 of the Labour Relations Act, B.E. 2518 (1975), penalties of imprisonment (involving compulsory labour) may be imposed on any employee who, even individually, violates or fails to comply with an agreement on terms of employment or a decision on a labour dispute under sections 18, paragraph (2), 22, paragraph (2), 23 to 25, 29, paragraph (4) or 35(4) of the Labour Relations Act. Referring to the explanations provided in paragraphs 110 to 116 of its 1979 General Survey on the Abolition of Forced Labour, the Committee noted that sections 131 to 133 of the Labour Relations Act were incompatible with the Convention in so far as the scope of sanctions involving compulsory prison labour is not limited to acts and omissions that impair or are liable to endanger the operation of essential services, that is, services whose interruption would endanger the life, the personal safety or the health of the whole or part of the population, or which are committed either in the exercise of functions that are essential to safety or in circumstances where life or health are in danger. The Committee again expressed the hope that the Government would indicate the action taken or contemplated in this regard to ensure the observance of the Convention.

Article 1(d). 4. In its previous comments, the Committee noted that penalties of imprisonment may be imposed for participation in strikes under the following provisions of the Labour Relations Act:

(a) section 140 read together with section 35(2), if the Minister orders the strikers to return to work as usual, being of the opinion that the strike may cause serious damage to the national economy or may cause hardship to the public or may affect national security or may be contrary to public order;

(b) section 139 read together with section 34(4), (5) and (6), if the party required to comply with an arbitrator's award under section 25 has complied therewith, if the matter is awaiting the decision of the Labour Relations Committee or a decision has been given by the Minister under section 23(1), (2), (6) or (8) or by the Committee under section 24, or if the matter is awaiting the award of labour disputes arbitrators appointed under section 25.

The Committee noted that the provisions referred to provide for binding awards or ministerial decisions not only where these have been freely accepted by the parties, or where they concern essential services whose interruption would endanger the life, the personal safety or the health of the whole or part of the population, or in cases of force majeure likewise endangering the life, the personal safety or the health of the whole or part of the population, but in a wider range of circumstances where their enforcement with penalties involving compulsory prison labour is contrary to Article 1(d) of the Convention. The Committee requested the Government to indicate the measures taken or envisaged to ensure the observance of the Convention in this regard.

The Committee had noted the Government's indication in its report for the period ending June 1988 that the powers conferred under section 35 have been seldom used; referring also to the explanations provided in paragraphs 129 to 132 of its above-mentioned General Survey, the Committee again expressed the hope that the Government would indicate the measures taken or envisaged to bring legislation in this regard into conformity with the Convention.

5. The Committee previously noted that under section 117 of the Criminal Code participation in any strike with the purpose of changing the laws of the State, coercing the Government or intimidating the people was punishable with imprisonment. While noting the Government's indications on constitutional and procedural guarantees provided for, the Committee, referring to the explanations provided in paragraph 128 of its aforementioned General Survey, again requested the Government to supply information on the practical application of this provision, including the number of sentences to penalties of imprisonment and particulars of relevant court decisions, and on any measures taken or contemplated in this connection to ensure the observance of the Convention.

6. The Committee notes that section 19 of the State Enterprise Labour Relations Act, enacted on 15 April 1991, provides that workers of state enterprises shall not in any case stage a strike or undertake any activity in the nature of a strike. Under section 45 of the Act a person who violates this prohibition may be punished by imprisonment for a term up to one year; this penalty is doubled in the case of a person who "invites, or aids or abets the commission of a strike".

Referring to paragraph 123 of its 1979 General Survey on the Abolition of Forced Labour, the Committee recalls that the imposition of penalties of imprisonment involving compulsory labour would only be compatible with the Convention in the case of essential services in the strict sense of the term; that means, services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee requests the Government to provide information on the measures taken or envisaged to bring legislation in this regard into conformity with the Convention.