Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Article 1(a) of the Convention. Referring to its earlier comments, the Committee has noted the Government’s indication in its report that the draft amendment of the Press Act B.E. 2484 (1941) is, at present, under scrutiny by the Council of State. The Committee would be grateful if the Government would continue to provide information on the amendment of the Act and requests the Government to supply a text of amendments, as soon as it is adopted.

The Committee has noted that penalties of imprisonment (involving compulsory labour) may be imposed under the following provisions of the Organic Law on Political Parties, B.E. 2541 (1998):

­-  section 75 (prohibition for a group of 15 or more persons to carry out activities as those of a political party without having been registered as such);

-  ­­­­­section 23, paragraph 2, read in conjunction with section 78 (prohibition for a person who is not of Thai nationality by birth to be a member or participate in any activity of a political party).

The Committee recalls, referring also to the explanations contained in paragraphs 133 to 140 of its General Survey of 1979 on the abolition of forced labour, that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views. Since freedom of expression of political views is closely linked to the right of association and of assembly through which citizens seek to secure the dissemination and acceptance of their views, any prohibitions enforced by penalties involving compulsory labour which affect the constitution or functioning of political parties or associations either generally or where they advocate certain political or ideological views are incompatible with the Convention. The Committee hopes that the necessary measures will be taken or envisaged in order to ensure that no sanctions involving compulsory labour could be imposed for the violation of prohibitions provided for in the above sections of the Organic Law on Political Parties, so as to bring these provisions into conformity with the Convention on this point. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the above provisions in practice, supplying copies of the court decisions and indicating the penalties imposed.