Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Abolition of Forced Labour Convention, 1957 (No. 105) - Thailand (Ratification: 1969)

Other comments on C105

Observation

Direct Request

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The Committee notes the observations of the National Congress of Thai Labour (NCTL), transmitted by the Government and received on 6 August 2014.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views. Criminal Code. The Committee previously noted that section 112 of the Criminal Code states that whoever defames, insults or threatens the King, the Queen, the Heir apparent or the Regent, shall be punished with imprisonment of three to 15 years. Sections 14 and 15 of the Computer Crimes Act of 2007 prohibit the use of a computer to commit an offence under the provisions of the Criminal Code concerning national security (including section 112 of the Criminal Code), with a possible sanction of five years’ imprisonment. The Committee also noted that, according to the report of the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, there had been a recent increase in lèse-majesté cases pursued by the police and the courts. In this regard, the Special Rapporteur urged the Government to hold broad-based public consultations to amend its criminal laws on lèse-majesté, particularly section 112 of the Criminal Code and the Computer Crimes Act (A/HRC/20/17, 4 June 2012, paragraph 20). The Committee further noted the information in a compilation prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review, that the UN Country Team in Thailand had indicated that a number of individuals had received lengthy prison sentences for breaching the lèse-majesté laws.

The Committee notes the Government’s statement that the provisions referred to above relate to protecting the public. The Government indicates that it has attempted to find a balance between protecting the monarchy and the right of individuals to express their views. Section 112 of the Criminal Code is focused on criminal liability in connection with the country’s security, and is based on the tradition, culture and history of the country where the King is a central feature of the unity of the Thai people. However, a review process is under way to study which aspects should be improved, as well as the best way to enforce the relevant laws with fairness. The Government also indicates that it has endorsed the recommendation made by the Human Rights Council, including those concerning promoting freedom of expression and ensuring public and transparent proceedings as well as adequate legal counselling for all persons charged with violations of the lèse-majesté legislation and the Computer Crimes Act. In this connection, a number of concerned governmental agencies have been tasked with establishing work plans to implement these recommendations.

In this regard, the Committee notes that the NCTL states that it agrees with the Government concerning the objectives of the enforcement of section 112, but also indicates that it supports the revision of the penalty under this section to punish only those persons who intentionally violate the monarchy.

Taking note of these statements, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour as a punishment for holding or expressing political views or of opposition to the established political, social or economic system. While the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, the Committee must emphasize that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles. Even if certain activities aim to bring about fundamental changes in state institutions, such activities are nevertheless protected by the Convention, as long as they do not resort to or call for violent means to these ends. The Committee therefore urges the Government to take the necessary measures to repeal or amend section 112 of the Criminal Code, so that persons who peacefully express certain political views cannot be sentenced to a term of imprisonment which involves compulsory labour. The Committee requests the Government to provide information on the specific measures taken in this regard, including within the framework of the work plans established by governmental agencies, in its next report.

The Committee is raising other matters in a request addressed directly to the Government.