Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Referring also to its observation under the Convention, the Committee notes the information provided by the Government in its report.

1. The Committee requested previously the Government to provide detailed information on the activities carried out, suggestions made and results achieved by the Committee for the Protection of Child Labour.

The Committee notes the Government's information that activites are as follows:

- Implementation of a national practice concerning the abuse of child labour in factories as approved by the Ministry of the Interior. The practice is implemented with the cooperation of the Police Department, Department of Labour and the Department of Public Welfare, and non-governmental organisations in monitoring the exploitation of child labour and prosecuting employers who violate the law.

- Recommendation by the Protection of Child Labour Committee, the National Labour Development Advisory Board and the Department of Labour concerning the policy and measures for solving child labour approved in June 1988; these policy and measures are composed of 24 short-term measures and three long-term measures with 20 cooperative agencies, the Department of Labour being the focal point; some of these measures are already completed such as the raising of child labour age from 12 years to 13 years which is in the process of implementation including the three long-term measures which attempt to raise the child labour age from 13 to 15 years.

- Studying the working conditions of child labourers and disseminating documents on this subject.

The Committee requests the Government to indicate the number of meetings held by the Committee between 1989 and 1991 and in 1992 and to provide information on the results achieved through collaboration with the Police Department as concerns the prosecution of employers for forced labour of children.

2. The Committee noted previously the information supplied by the Government concerning activities of the Department of Public Welfare entrusted with the protection against exploitation and maltreatment of children such as assisting abused children and children working under improper conditions and refer exploited children to appropriate welfare institutions. The Committee hopes that the Government will continue to provide information in this regard, as well as on activities of various other bodies dealing with rehabilitation of children, in particular the Women and Child Division of the Department of Labour.

3. In its previous comments the Committee referred to section 39 of the Local Administration Act, BE 2457 (1914) under which a Kamnan is empowered to requisition persons for compulsory service as guides, porters, etc., and which is therefore not in conformity with the Convention. The Government indicated in 1978 that the legislation in question had no practical application and action had been initiated to repeal and revise it. In its report for the period ending June 1988 the Government indicated that a Kamnan supplying a voyager, during his official journey, with food, vehicle, guide and porter, can reimburse any expense incurred from the per diem of that voyager and no person will be requisitioned for doing those services. The Committee consequently expressed the hope that the Government would repeal the powers to impose compulsory service under this provision and thus bring legislation on this point into conformity with the Convention and the indicated practice.

The Committee notes the Government's information in its latest report that the process of revising or repealing section 39 of the Local Administration Act B.E. 2457 (1914) may take a long time and is not an urgent matter because the law in question has not been applied in practice.

The Committee hopes that the Government will continue to report on any steps taken to repeal the provision in question, as the Government should have no difficulty in repealing a provision which as it indicates is no longer applied in practice.

4. In its previous comments the Committee also referred to sections 60, 96, 115, 117 and 118 of the Local Administration Act under which labour may be called upon, inter alia, for constructing dams, repairing canals, and maintaining ways of communication by land or water. The Committee asked the Government to provide information on the practical application of these sections, specifying the nature of the aid which the inhabitants may be called upon to render under section 60, the various types of projects undertaken under sections 115 to 118, the number of persons and days of labour involved. The Committee had noted the Government's indication that no details concerning services rendered were available but that voluntary services were offered only in case of emergency situations such as floods or other natural disasters.

The Committee referred to paragraphs 36 and 63 to 66 of its 1979 General Survey on the Abolition of Forced Labour where it stated that the concept of emergency involves a "sudden, unforeseen happening" calling for instant counter-measures, the duration and extent of compulsory service as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation.

The Committee notes that the Government refers in its report to an example of compulsory service imposed following the natural disaster caused by a typhoon in 1989 in the south of Thailand. This tropical storm caused widespread destruction of dwellings in the province and also of infrastructure. That event called for mobilisation of all resources on a countrywide basis especially the local population, which was mobilised to build new homes as well as to rebuild the destroyed infrastructure with the cooperation of the armed forces.

The Government states that while it cannot specify services to be provided in such circumstances, it confirms that compulsory rehabilitation services are provided in case of emergencies according to the requirements of each situation.

The Committee takes due note of this information. The Committee notes however that the scope of the above-mentioned sections of the Local Administration Act is not limited to such emergency work. The Committee would again request the Government to provide information on measures taken or envisaged to clearly lay down in the legislation that the power to call up labour is limited to what is strictly required in order to cope with circumstances endangering the existence or well-being of the whole or part of the population. The Committee hopes that the Government will provide information on any steps envisaged or taken in this regard.

5. The Committee noted in its previous comment from the Government's report that while no legal provision regulates the work which may be done by the armed forces for the development of the country, under article 56 of the Constitution it is usual for the armed forces to be involved in community development works of construction, irrigation, clearing canals and digging wells to help people occasionally and in cooperation with local people in rural areas and that these works are done voluntarily.

The Committee had noted information according to which armed forces were forming two new development divisions to help economically deprived areas; among other objectives these divisions were designed to open up rural areas by improving communications and assist general civilian development programmes; a significant budget had been allocated for the programme.

The Committee drew the Government's attention to Article 2, paragraph 2(a), of the Convention under which only military service limited to work of a purely military character is not included in the scope of the Convention. Work required from conscripts within the framework of the national service, including work connected with national development, is not of a purely military character. The Committee referred in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour in which it examines the obligations resulting from the Convention on this subject and in which it describes the problems arising from the use of conscripts for non-military purposes.

The Committee notes the Government's statement in its report that conscripts are not used for development activities and that article 33 of the Constitution provides legal exceptions for using forced labour under special cases during emergency disasters, wars, martial law or state of emergency. The Committee takes due note of this indication. Since article 56 of the Constitution provides for the use of the armed forces for development purposes, the Committee requests the Government to supply more detailed information on the composition and activities of the development division of the armed forces.

6. The Committee noted previously the Government's indication that members of the armed forces, like other state employees, are free to leave the service at any time; and if they have received training for two years they can leave the service four years after the training. The Committee requested the Government to provide copies of provisions governing such matters.

The Committee hopes that the Government will provide a copy of the provisions in question.