United States Department of State, U.S. Department of State Country Report on Human Rights Practices 1995 - Thailand, 30 January 1996, available at: https://www.refworld.org/docid/3ae6aa3d44.html [accessed 31 May 2023]
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THAILAND Thailand is a democratically governed constitutional monarchy with an independent judiciary that has a history of frequent military coups and powerful military-bureaucratic influence over political life. The King exerts strong informal influence on carefully selected issues. In May Prime Minister Chuan Leekpai dissolved Parliament and called for new elections when it appeared that his government would not survive a no-confidence vote. After democratic elections in July, the Chuan administration was replaced by a coalition government headed by Prime Minister Banharn Silpa-Archa. The security apparatus has wide-ranging legal powers, largely derived from past militarily controlled administrations. Military leaders still have an informal but influential role in internal politics. Since 1992 the military influence in politics has been substantially reduced, however, and the current military leadership has evidenced a growing acceptance of permanent civilian rule. The police have primary responsibility for internal security and law enforcement. With the exception of the Narcotics Suppression Bureau, the Royal Thai police has a reputation for corruption. Some police officers continue to commit serious human rights abuses without punishment. Thailand, a newly industrializing country with a flourishing free enterprise system, continues to enjoy remarkable economic growth. The political system generally provides strong protection for individual economic interests, including property rights. Although the industrial and services sectors are expanding rapidly, more than half the population is rural and agrarian. Despite the Government's efforts to close the economic gap between urban and rural areas, Thailand continues to suffer from a large and growing disparity in income distribution. While the Government generally respected the human rights of its citizens, some significant problems remain. While not routine, police brutality continued to be a serious problem. Credible reports indicate that some police tortured and beat suspects, obtained coerced confessions through the use of physical abuse, and played an active role in facilitating the trade in prostitution. There were credible reports that some officers summarily executed suspects. The Government prosecuted few police officers accused of abuse or extrajudicial killings; none have been convicted. The Government dropped charges against all but one of the current and former senior police officials accused of complicity in the 1994 deaths of the wife and child of a key witness in a 6-year-old case involving the theft of gems from a Saudi prince. In August the subcommittee responsible for the disciplinary investigation recommended that the active duty official accused be reinstated to the police force at his former rank. Enforcement of a broad range of laws and regulations by police continues to be noticeably lax. In general the Government continued to uphold freedom of assembly and freedom of the press, although the new Government was criticized for attempts to restrict press activity. While the Banharn Government continued measures aimed at addressing the problem of trafficking in women, children, and minorities for the purposes of prostitution begun under the Chuan administration, progress was slow. Legal and societal discrimination against women, violence against women and children, and illegal child labor persist. Discrimination against ethnic minorities is a problem.
Respect for Human Rights
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There was one political killing in 1995. In July Prawian Boonnak, leader of the Assembly of Small-Scale Farmers of the Northeast and a candidate in the July 2 elections, was shot and killed by a lone gunman. At year's end, the case was under investigation, but it is widely believed that he was targeted because of his environmental activism and his recent successful efforts to shut down rock-grinding plants that were owned by supporters of his principal opponent in the election. The Government, legal organizations, reputable nongovernmental organizations (NGO's), and the press continued to report, credibly, that some police officers summarily executed criminal suspects, particularly in areas outside the capital. The Police Information Center's statistics for 1994 listed a total of 22 extrajudicial killings, with an additional 24 suspects killed during arrest. The Legal Information Center also reported that a total of 359 people died while in police or Department of Corrections custody in 1994. It is difficult to gauge accurately what percentage of these deaths could reasonably have been avoided. Complete statistics on the number of suspects killed by police in 1995 were unavailable. Only one of the senior police officials charged with complicity in the 1994 murder of the wife and child of a key witness in a 6-year-old case concerning jewelry and gemstones stolen by a Thai employee of a Saudi prince remained in jail at year's end. The Government dropped the charges against all the other high-level officers. No police officers have yet been convicted in this case, although many junior-level officers remain under active investigation for their roles in the affair. The 7 policemen, who admitted in 1994 to robbing and murdering 13 Asian tourists in Bangkok (2 others survived the assaults), had not been sentenced at year's end. Their cases were still pending before provincial courts, and all seven were incarcerated. The courts rarely convict police officers involved in summary execution cases, in part because witnesses are often intimidated or bribed to withhold evidence. The resulting climate of impunity is the single largest factor militating against any significant change in police behavior. The law allows personal suits against police officers for criminal actions taken while making an arrest. However, due to flaws in the legal process and ingrained cultural attitudes, victims or their families rarely file suits against the police. During the initial police inquiry, most police investigations routinely determine that no wrongful action was taken on the part of the police; judges generally follow the prosecutor's recommendations. If pursued by the family, the case is handled by the same office, in some instances by the same prosecutor, who has already ruled that no criminal action occurred. There is no information to determine how many cases are settled out of court, but in cases in which suits are filed, the Government often compensates the family of the deceased, and the suit is dropped.
b. Disappearance
There were no reports of politically motivated disappearances. The whereabouts of environmental activist Suchada Khamfubutra, who disappeared in December 1994, remained unknown. There were several theories concerning her disappearance, but at the end of the year both the police and NGO's believed that her disappearance was connected to her activist stance, and police continued to investigate the case. Local investigations continued into the whereabouts of the remaining 39 prodemocracy protesters listed as missing following the military's suppression of demonstrations in 1992. However, many family members and NGO's suspect that most of the missing are dead. An amnesty decree issued during the last days of the Suchinda Government in May 1992, and reaffirmed by subsequent governments, effectively protects military leaders and protesters accused of criminal activities during the May 1992 events from criminal prosecution. In June the Bangkok civil court ruled that the amnesty barred the families of the victims from seeking redress in the civil courts. Attorneys for the plaintiffs stated their intention to appeal the ruling and, if necessary, take the case to the Supreme Court. The Royal Thai Army's white paper on the May 1992 events was not released, despite continued pressure from activist groups and the families of those killed. Labor Congress of Thailand (LCT) President Thanong Po-an's 1991 disappearance remained unresolved. His wife and family presume he is dead. Most observers believe Thanong was kidnaped and killed because of his criticism of the February 1991 military coup d'etat.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The Criminal Code forbids cruel, inhuman, or degrading treatment or punishment, and in most cases police do not resort to physical abuse or violence. However, there continued to be credible reports that police sometimes beat and tortured prisoners and detainees. Criminal suspects regularly complain of police attempts to secure confessions or evidence through the use of torture such as electric shocks. Several times in 1995, senior police officials publicly acknowledged that torture is occasionally carried out in police custody, with the implicit backing of some senior police officers. The Government has instituted a human rights instruction course to try to address police brutality but made no visible efforts to convict and appropriately punish those who commit these abuses. There were also reports of instances of police involvement in the trafficking in women and children for the purposes of prostitution (see Section 5). Prison conditions are Spartan, but do not in general threaten the life or health of inmates. However, some prison guards resort to physical abuse of both Thai and foreign prisoners in response to disciplinary problems. Solitary confinement and heavy leg irons are sometimes used to punish difficult prisoners. Medical care in prisons is inadequate. For a total prison population of 100,000, the Corrections Department employs only 14 doctors and 5 dentists. In general, access to prisoners is not restricted. Conditions at the Suan Phlu Immigration Detention Center (IDC), which generally holds between 2,000 and 3,000 detained illegal immigrants, are extremely poor. Serious overcrowding, lack of medical care, inability to exercise, and physical abuse are recurrent problems. Reliable international observers charge that both authorities and detainees sexually abuse female detainees. Immigration detention facilities are not administered by the Department of Corrections and are not subject to many of the regulations found in the regular prison system. Nationals of countries that will not accept deportees because of uncertainties over citizenship face an extended stay in the IDC. While the law requires that prosecutors formally charge criminal suspects in court within 91 days of their detention, some IDC detainees have been held for several years.
d. Arbitrary Arrest, Detention, or Exile
Except in cases of crimes in progress, the law generally requires arrest warrants. Arrested persons must be informed of the likely charges against them immediately after arrest. Police have the authority to extend the detention period to 7 days to complete an investigation. After 7 days, the police must present the case to the public prosecutor to determine if the case should be pursued. While detainees have a right to have a lawyer present during questioning, they are often not informed of this right. Foreign prisoners are often forced to sign confessions without knowing what is in them. There is a functioning bail system, but judges have considerable discretion in determining eligibility for bail. The only legal basis for detention by the police without specific charges for long periods (up to 480 days) is the Anti-Communist Activities Act. One person was detained under that Act's provisions in 1995, the first since 1984 (see Section 1.e.). As of July, there were 109,537 prison inmates in Thailand. Of that number, 10,146 were persons appealing their sentences, and 13,638 were pretrial detainees. These two groups are not usually segregated from the general prison population, although sometimes an effort is made to confine those facing narcotics charges in a separate facility. Exile is not used as a means of political control.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and, although generally regarded as independent, the judiciary has a reputation for venality. The civilian judicial system has three levels of courts: courts of first instance, courts of appeal, and the Supreme Court. A separate military court hears criminal and civil cases pertaining to military personnel as well as those brought during periods of martial law. A serious flaw in providing due process rights is the lack of appeal from decisions of a military court. Islamic (Shari'a) courts provide due process and hear only civil cases concerning members of the Muslim minority. The Constitution provides for presumption of innocence, but in practice defendants are frequently presumed guilty. Access to courts or administrative bodies to seek redress is provided for and practiced. There is no trial by jury. Trials for misdemeanors are decided by a single judge, and more serious cases require two or more judges. While most trials are public, the court may order a trial closed. This is most often done in cases touching on national security or the royal family. Career civil service judges preside over the courts. Judicial appointments and structures are not subject to parliamentary review. Defendants tried in ordinary criminal courts enjoy a broad range of legal rights, including access to a lawyer of their choosing. A government program provides free legal advice to the poor, but indigent defendants are not automatically provided with counsel at public expense. Most free legal aid comes from private groups, including the Thai Lawyers' Association and the Thai Women Lawyers' Association. The widely publicized lese majeste trial against prominent social critic Sulak Siwarak that began in 1993 after his return from self-exile was concluded in June. The court acquitted Sulak on all counts. Well-informed legal sources estimate that there are at most four political prisoners in Thailand. Political affiliation and questionable evidence may have affected the ability of these prisoners to receive a fair trial or fair punishment. Muslim groups continue to claim 16 political prisoners are held on criminal charges because of their political views. In August one man was charged under the Anti-Communist Activities Act. He was driving a gasoline truck through a restricted area of northern Thailand at the time of his arrest.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law requires police to obtain a warrant prior to a search. Warrants are issued by the police with prior Ministry of Interior or provincial governor approval and are not subject to judicial review. There were some credible reports that officers sometimes endorse warrants in advance and then allow their noncommissioned subordinates to apply them as needed. The Anti-Communist Activities Act allows officials engaged in "Communist suppression operations" to conduct searches without warrants, but these powers rarely have been invoked in recent years and were not invoked in 1995. Thai society is essentially open; membership in political organizations is voluntary, and the unmonitored exchange of ideas is generally permitted. However, security services monitor persons espousing leftist or controversial views, including foreign visitors.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for, and citizens generally enjoy, a substantial measure of freedom of speech. However, the law prohibits criticism of the royal family (lese majeste), threats to national security, or speaking in a manner likely to incite disturbances or insult Buddhism. Newspapers and periodicals practice some self-censorship, especially with regard to the monarchy and national security issues. However, strong media criticism of political parties, personalities, and the Government is common and robust. Journalists are generally free to comment on government activities without fear of reprisal, although there were credible reports of occasional harassment or bribing of journalists by individual politicians. Also, journalists are reluctant to criticize the judiciary out of fear that they will not be treated fairly by judges during libel proceedings. Radio and television stations are government licensed and operated primarily by the Government and the military. Radio stations are required by law to broadcast government-produced newscasts four times daily. Parliament approved a bill to abolish the order requiring these broadcasts in October of 1994, but it was not passed into law because of the dissolution of the Chuan Government. The bill is expected to be reintroduced in early 1996. On November 22, the Prime Minister requested that the Ministry of Defense intervene to assure that army-owned radio stations do not air broadcasts critical of the current Government. Although programmers are generally free to determine the content and nature of television broadcasts, a government internal censorship board commonly edits or "blacks out" portions of programming deemed politically sensitive or pornographic. Self-censorship is more prevalent in privately operated stations because their licenses must be renewed every few years. Thailand also has three cable television stations, which enjoy almost complete autonomy. The Government recently awarded a 30-year contract for an ultra high frequency station to a consortium of 10 private companies, including the outspoken Nation Publishing Group. The station, to be called Independent Television, will begin free, direct broadcasting in 1996. Thai domestic publications continued to present a wide range of political and social commentary. Unless critical of the royal family or the monarchy, foreign and domestic books normally are not censored and circulate freely. The 1941 Press Law empowers the Police Director General to prohibit the import of printed matter deemed dangerous to public order and morals. The list mainly consists of pornographic material, but it also still includes books written by Communists. Academic and technical research is conducted freely.
b. Freedom of Peaceful Assembly and Association
The legal system recognizes the right of peaceful assembly, and the Government respects this right in practice. Private associations must register with the Government, but permits are not required for private meetings or gatherings unless held on public property.
c. Freedom of Religion
Freedom of religion is protected by law and generally respected in practice. The de facto state religion is Theravada Buddhism, but other religions are not restricted. Members of minority religious movements occasionally are subjected to legal action. The trials of dissident Buddhist leader Phra Potirak and his followers for allegedly violating the law governing the Buddhist ecclesiastical hierarchy and impersonating Buddhist monks or nuns continued. Phra Potirak and his followers remain free on bail and continue their religious activities.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The right of citizens to change their residence or workplace was unabridged. Travel was restricted in certain border areas where foreign or vestigial domestic insurgent groups remain active. Longstanding restrictions on the travel and place of residence of certain Chinese and Vietnamese aliens living in Thailand remained in place. In addition, some long-term noncitizen residents of Thailand, including several hundred thousand tribal people, must seek permission from local authorities or the army for foreign or domestic travel (see Section 5). Several regulations intended and used to help reduce trafficking in women and children for purposes of prostitution could be used to infringe on the right of women and children to travel freely. One statute (rarely used), dating to the last century, requires a woman to obtain her husband's permission before traveling outside Thailand. Also, female passport applicants under age 36 must sit through a series of interviews regarding their employment records and finances. Passport applications by single Thai women and children under the age of 14 must also be approved by the Department of Public Welfare. The Government has not revoked citizenship for political reasons. Thailand continued to provide first asylum to Vietnamese and Lao asylum seekers and to process them in accordance with the Comprehensive Plan of Action (CPA) agreed to in Geneva in 1989. There were no reports of any pushbacks of Vietnamese or Lao asylum seekers, and no credible reports of forced repatriation. The Government announced that all Lao camps were officially closed, though it continued to work with the U.N. High Commissioner for Refugees (UNHCR) in administering the camps at Napho. Under Thai law, most Burmese (and other non-Indochinese) asylum seekers are considered illegal immigrants subject to deportation, but Thailand continued to permit Burmese asylum seekers to remain in camps along the Thai-Burma border and near Bangkok. While Burmese outside of camps were arrested periodically and sent to border areas not controlled by the Burmese Government, the Government did not deport any Burmese recognized by the UNHCR as a "person of concern." At year's end, a number of Burmese dissidents, detained as illegal immigrants, remained in immigration detention centers in central Thailand. Residents of the "safe area" first asylum camp for Burmese dissidents in Ratchaburi province had regular access to the UNHCR, which concluded that conditions at the safe area meet broadly accepted international standards for the protection and welfare of asylum seekers. The safe area is open to all Burmese persons of concern, whether or not they previously registered with the Thai Government. By year's end, over 400 Burmese persons of concern resided there, and the camp is expanding facilities, including housing. Over 100,000 ethnic minority Burmese and almost 2,000 Burmese students and dissidents continued to reside in some 30 camps in Thailand along the Thai-Burma border. Several camps were forced to evacuate because of cross-border attacks from Burma, and the Government announced plans to consolidate some camps. Thailand continued to permit voluntary agencies and the UNHCR to provide food, medical, and sanitation assistance along the border. The Thais allowed Karen refugees refuge following the fall of Karen strongholds at Manerplaw and Kawmoora in February. In later months, troops from inside Burma, including some affiliated with the dissident Karen faction, the Democratic Karen Buddhist Army, attacked and burned several Karen refugee camps within Thailand, kidnaping some Karen Christian leaders. There were several violent incidents along the border in 1995. In March a truck carrying NGO-provided rice to Karen refugees was attacked by unknown assailants and the driver was killed. On May 3, three Thai border police were killed, which prompted the Thai army to intervene militarily, strafing Karen Buddhist Army positions. The number of security incidents decreased during the rainy season, but resumed late in the year. Ostensibly for security reasons, the Government announced plans to consolidate Karen refugees from 20 separate camps to 7, including one camp of over 20,000 at Mae La. The Government also began consideration of consolidating Karenni camps, though at year's end no action had been taken to do so. Farther south, Mon leaders continued negotiations with the Burmese Government over repatriation plans, and Mon refugees may start returning home as early as January 1996. Outstanding issues included whether repatriations would be voluntary, whether assistance for repatriates would be for 6 or 12 months, and whether NGO's could provide long-term development aid to the Mon. In the east, Thailand accepted small numbers of new arrivals fleeing fighting in Cambodia.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
For the first time in Thailand's history, there was a peaceful transition from one democratically elected government to another in July, demonstrating that democratic institutions are gaining strength. An important step toward decentralization was the first ever election for seats on the "tambon" (subdistrict) councils in May. The military's role in politics has significantly declined since the 1992 elections, and the Thai military now seems increasingly supportive of civilian government and democracy. While there are no legal restrictions on political participation, women are generally underrepresented in national politics, especially at the senior levels. Also, the army still prohibits women from becoming generals, and women are not allowed to attend military academies or the army General Staff College. However, the number of women in local and national politics has continued to increase. There is one woman in the Banharn Government who has a cabinet portfolio, that of deputy Minister of the Interior. The current contingent of 24 female Members of Parliament--out of an elected total of 391--is a considerable increase over the 15 present in the previous administration, and ranks as the largest in Thai history to date. No laws prohibit the participation of ethnic minorities, but few hold positions of authority in national politics or the civil service. Ethnic minorities in the north often lack documentation of Thai citizenship, effectively barring their participation in the political process (see Section 5). Muslims from southern Thailand hold significant posts in the Government.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Local human rights organizations operate without government restriction. International human rights NGO's generally work freely in Thailand on controversial issues. Although the Government sometimes criticizes these groups for being politically motivated and biased, it generally has neither penalized nor suppressed human rights observers.
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status
The Constitution provides for equal treatment under the law irrespective of race, sex, religion, disability, language, or social status. In practice, some discrimination exists and enforcement of equal protection statutes is uneven.
Women
Reliable statistics indicate that domestic abuse crosses all social classes. One NGO estimates that as many as 50 percent of women in Bangkok's slum areas are victims of abuse. Police do not enforce laws against such violence vigorously, and domestic violence often goes unreported. Under the Criminal Code, spousal and child abuse is covered under assault provisions, but rules of evidence often make prosecuting such cases difficult. Beginning in 1994, police began to use a female team to handle rape and abuse cases to encourage more victims to report these abuses. Prostitution, although illegal, flourishes and is deeply ingrained. Estimates of the numbers of women and children engaged in prostitution vary widely because of temporary sex workers and the migratory nature of prostitution. Reliable NGO's generally believe the Government's accounting of 100,000 prostitutes in Thailand is low; most estimate the number closer to 250,000. Prostitution exposes women to a number of human rights abuses, as well as a high risk of contracting AIDS. Some women are forced into prostitution, although the number of such cases is difficult to determine. Incidents of coerced prostitution most commonly involve non-Thai women from hill tribes or neighboring countries, and the number of such women entering Thailand to work as prostitutes continued to rise. Because they cannot speak Thai, and are considered illegal immigrants, these women are particularly vulnerable to physical abuse, confinement, and exploitation. Some women are lured with promises of jobs as waitresses or domestics, but are then forced to work as prostitutes. As illegal immigrants, such women have no right to legal counsel or health care if arrested. Human rights monitors believe that the majority who engage in prostitution are not kept under physical constraint, but labor in debt bondage. Brothel procurers often advance parents a substantial sum against their daughter's future earnings, often without the consent of the young woman involved. The women are then obligated to work in a brothel in order to pay back the loan. The Government and NGO's have set up vocational training and education programs to combat the lure of prostitution for young Thai women and their families, and the Government has plans to expand these programs in the near future. Despite occasional high-profile raids on brothels, however, it has failed to enforce effectively laws against prostitution, and, in many cases, brothels pay off local government representatives and police. There continue to be credible reports of corrupt police involvement in trafficking schemes and of police assisting brothel owners in tracking down and returning women who have escaped from their establishments. Under the current Penal Code, prostitutes are considered criminals, whereas brothel owners, procurers, and clients are not subject to criminal statutes. In August the Cabinet approved draft legislation that would further criminalize those involved in the trafficking of women and children for the purpose of prostitution or slave labor; clients of child prostitutes would also be subject to criminal prosecution under the legislation. At year's end, the draft legislation was under consideration by Parliament's Committee on Women, Youth, and the Elderly. Women generally have equal legal rights, but inequalities remain in domestic law. Whereas a man may sue for divorce on the grounds that his wife has committed adultery, a woman faces the additional legal burden of proving her husband has maintained or honored another woman in a manner equal to his wife. Women face more stringent passport requirements than men (see Section 2.d.). Statistics compiled by the Government and NGO's concerned with women's issues note that women represent 47 percent of the economically active population and their numbers have increased in professional positions. Government regulations require employers to pay the same wages and benefits for similar work regardless of sex. There is a significant gap between average salaries earned by men and women as a result of the concentration of women in traditionally lower paying jobs. NGO's concerned with the status of women have pressed the Government to abolish discriminatory practices within the civil service. Constitutional amendments passed in early 1995 included a new provision, Article 24, stipulating the equality of men and women, and the Government has said that its forthcoming Eighth National Economic and Social Development Plan would be particularly concerned with the role of women in Thailand's developing economy.
Children
Although the Government continued to demonstrate its commitment to improve the health and welfare of children through education and health programs, the Government was less successful in implementing policies to tackle more difficult issues like child prostitution. While the Government claims to be committed to eliminating child prostitution, it has failed to enforce the current limited laws against child prostitution. In 1995 the Government approved draft legislation that would revise the Criminal Code to toughen the laws regarding abuse of children under 18 years of age, and which includes especially severe penalties for violations perpetrated against children under 15. Early in 1995, the police engaged in a number of highly publicized raids on bars and nightclubs in search of underage sex workers. There are no reliable statistics on the number of children involved in the sex industry, but recent surveys indicate that nearly half of the women involved in prostitution began working before the age of 18. Children are frequent victims of the AIDS epidemic. There are indications that the demand for child prostitutes may be growing as patrons believe that younger women are less likely to be infected with HIV. There is a small, but rapidly growing, number of babies born to HIV-infected mothers. In August the Ministry of Public Health's rural health division reported that there were 10,000 HIV-infected infants in the northern part of the country alone. Those who are not infected themselves may be orphaned while still in childhood, and are often discriminated against as an extension of the social stigma directed against their parents. The Criminal Code provides for the protection of children from abuse, and laws on rape and abandonment provide for harsher penalties when the victim is a child. As in the case of domestic violence against women, police are often reluctant to pursue abuse cases, and rules of evidence make prosecution of child abuse cases difficult.
People With Disabilities
The Government again took few steps to implement provisions in the Disabled Rehabilitation Law that established a quota system and employer incentives for hiring the disabled. Another regulation requiring factories to hire 1 disabled person for every 200 nondisabled employees was also not enforced. There are no laws mandating access to public facilities for disabled persons.
Religious Minorities
Muslims represent a significant minority within Thailand as a whole and constitute the majority in the four southernmost provinces that border Malaysia. Although the Government has attempted to integrate the Muslim community into Thai society through developmental efforts and expanded educational opportunities, societal discrimination remains widespread.
National/Racial/Ethnic Minorities
Progress in integrating ethnic minorities into Thai society is limited. Only half of the estimated 500,000 to 800,000 members of hill tribes reportedly possess documentation which either lists them as citizens or which places them on the record as being eligible for future citizenship. The rest lack documentation, and thus access to adequate education and health care. Noncitizens are also barred from participating in the political process. Undocumented hill tribe people cannot own land and are not subject to labor laws, including minimum wage requirements. In 1995 the Cabinet approved a proposal which would confer immigrant alien status upon hill tribe people now resident in Thailand and would allow their children to become Thai nationals. It announced plans to form a committee to process hill tribe members for legal status, with caseload completion estimated in 7 years. Approximately 45,000 Vietnamese who fled Indochina in the 1940's and 1950's reside in northeastern Thailand and live under a set of laws and regulations restricting their movements, residences, education, and occupations. The Government has slowly pursued a more lenient policy toward longtime Vietnamese residents in recent years. There are also approximately 40,000 noncitizen Chinese and their descendants who live in border areas. Very few of these people have Thai citizenship, and the vast majority must seek permission from local authorities in order to travel.
Section 6 Worker Rights
a. The Right of Association
There were no significant changes in the general labor environment, either in terms of new legal initiatives or labor unrest. Labor leaders objected to several provisions in the first draft of a new Labor Protection Law, and at year's end were working with a parliamentary committee to make adjustments. The law grants freedom of association to private sector workers. Workers have the right to form and join unions of their own choosing without prior authorization; to decide on the constitutions and rules of these associations and unions; to express their views without government or employer interference; to confederate with other unions; to receive protection from discrimination, dissolution, suspension, or termination by any outside authority because of union activities; and to have employee representation in direct negotiations with employers. However, no law explicitly protects workers from discrimination due to their participation in organizing new unions that have not yet been officially registered. Union leaders report that employers often discriminate against workers seeking to organize unions. Workers in the public sector do not have the right to form unions. In state enterprises, the law allows workers in each state enterprise to form a single "association" after at least 30 percent of the enterprise's employees submit a petition to the Ministry of Labor to register such association. These associations submit employee grievances to management and propose changes in benefits and working conditions, but may not negotiate wages. Associations do not have the right to confederate or to join private sector federations. Unofficial contacts between public and private sector unions continue, however, and the Government has not interfered with these relationships. The law denies all state enterprise workers the right to strike. In the private sector, to be considered legal a proposed strike must be approved by a majority of the union members in a secret ballot and be registered beforehand with the Ministry of Labor. In 1991 the International Labor Organization (ILO) criticized labor law amendments adopted in March 1991 that dissolved state enterprise unions, transferred their assets, limited the number of associations which may be formed in each state enterprise, set relatively high minimum membership requirements for associations, denied associations the right to affiliate with private sector unions, and completely forbade strikes in state enterprises. The Government has not vigorously enforced these restrictions. The restrictions in state enterprise labor law are a continuing ILO concern. Successive governments have pledged to pass a new version of the law that would restore for the most part the rights enjoyed by state enterprise workers prior to the 1991 changes. The Government elected in July approved a revised law in the Cabinet in August, and it passed the first of three readings in Parliament later that month. At year's end, the legislation was pending second and third readings. The Government has the authority to restrict private sector strikes that would "affect national security or cause severe negative repercussions for the population at large." The Government seldom invokes this provision and did not do so in 1995. Labor law also forbids strikes in "essential services," defined much more broadly than the ILO criteria for such services. No strikes were disapproved on those grounds in 1995. The number of legal strikes has averaged fewer than 10 annually for the past 10 years; although there were 12 in the first 6 months of 1995. The Labor Ministry reported 29 illegal strikes during the same period. Over half of the work force is employed in the unorganized agricultural sector. Less than 2 percent of the total work force, though nearly 11 percent of industrial workers, is unionized. Cultural traditions and unfamiliarity with the concept of industrial relations are often cited as the reason for low rates of labor organization. While violence against labor leaders is rare, the 1991 mysterious disappearance of outspoken labor leader Thanong Po-An remains unsolved (see Section 1.b.). There is a legacy of corrupt public sector union leaders who were exploited by the military, politicians, or employers for their own purposes, but private unions generally operate independently of the Government and other outside organizations. Unions are free to associate internationally with other trade union organizations, and they maintain a wide variety of such affiliations.
b. The Right to Organize and Bargain Collectively
The 1975 Labor Relations Act recognizes the right of private sector workers to organize and bargain collectively and defines the mechanisms for such negotiations and for government-assisted conciliation and arbitration in cases under dispute. In practice, genuine collective bargaining occurs only in a small fraction of workplaces and in most instances continues to be characterized by a lack of sophistication on the part of employee groups and autocratic attitudes on the part of employers. Wage increases for most workers come as a result of increases in the minimum wage, rather than as a result of collective bargaining. The Government sets wages for both civil servants and state enterprise employees. A system of labor courts created in 1980 exercises judicial review over most aspects of labor law for the private sector. Workers may also seek redress for their grievances from the tripartite Labor Relations Committee. Redress of grievances for state enterprise workers is handled by the State Enterprise Labor Relations Committee. Labor leaders did not indicate dissatisfaction with the treatment their concerns receive in these forums, except that union leaders dismissed unjustly usually are awarded only monetary compensation. No separate labor legislation applies to export processing zones, where wages and working conditions often are better than national norms because of the preponderance of Western and Japanese-based multinational firms.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, except in the case of national emergency, war, or martial law. However, there are reports of sweatshops in the informal sector that physically restrain workers from leaving the premises. There are no estimates of how many such workshops exist, but the growing number of illegal aliens, particularly from Burma, increases the opportunities for such abuse. For several years, the ILO has cited Thailand for violations of Convention 29 on forced labor. In 1995 Thailand was the subject of a stern country "observation," but the ILO declined to make Thailand the subject of a Special Paragraph. The primary focus of the ILO criticism is forced child labor, especially child prostitution. Since the ILO raised these concerns, the Government has cooperated in setting up important institutional links, particularly with the International Program on the Elimination of Child Labor, to help address the problem.
d. Minimum Age for Employment of Children
The legal minimum age for employment is 13. Nearly 90 percent of Thai children complete six grades of compulsory education at age 12; only 60 percent of 13 year-olds are enrolled in seventh grade, but the number is increasing. The law permits the employment of children between the ages of 13 and 15 only in "light work," where the lifting of heavy loads and exposure to toxic materials or dangerous equipment or situations is restricted. The employment of children at night (10 p.m. to 6 a.m.), or in venues where alcohol is served, is prohibited by law. An analysis based on population and school enrollment data shows that between 850,000 and 1,480,000 children work in Thailand, mostly on family farms. Between 240,000 and 410,000 (2 to 4 percent of the 6 to 14 age group) are estimated to be in urban employment at particular risk of labor abuse. The Ministry of Labor has increased the number of inspectors specifically responsible for child labor issues, although not all these officers are engaged in full-time inspection work. Enforcement of child labor laws is not rigorous. The inclination when dealing with violators is to negotiate promises of better future behavior, rather than to seek prosecution and punishment. The Government is also addressing the problem of child labor by extending compulsory education from 6 to 9 years.
e. Acceptable Conditions of Work
A tripartite wage committee consisting of government, employer, and worker representatives increased the daily legal minimum wage by 7.5 percent in 1995. Minimum wage rates now vary between $4.72 (118 baht) and $5.80 (145 baht) per day depending on the cost of living in different provinces. This wage is not adequate to support an urban worker and family. With extended family member financial contributions, the minimum wage provides the basis for a marginally adequate overall standard of living. However, more than half of workers countrywide receive less than the minimum wage, especially in the provinces. Unskilled migrant workers, as well as illegal aliens, often work for less than the minimum wage. The Ministry of Labor is responsible for ensuring employers meet minimum wage requirements. Despite encouragement of employees to report violations to labor inspectors, enforcement of minimum wage laws is mixed. The Government has not mandated a uniform workweek for the entire labor force. By regulation, commercial employees work a maximum of 54 hours per week, employees in industry work 48, and those in "dangerous" work such as in the chemical, petroleum, mining or other industries involving heavy machinery, 42. Transportation workers are restricted to no more than 8 hours per day. Enforcement of these standards is weak. There is no 24-hour rest period mandated by law. Working conditions vary widely. In medium-sized and large factories, government health and safety standards are often maintained, but lax enforcement of safety standards is common. In the large informal sector, the health and safety environment is substandard. Employers are able to ignore safety regulations in part because nonunionized workers often do not understand safety and health standards and do not report violations. When 188 workers lost their lives in the May 1993 Kader Toy Factory fire near Bangkok, the Government brought suit against eight persons, including the managing director. The case commenced in June 1994 and continued throughout 1995 without conclusion. There is no law affording job protection to employees who remove themselves from dangerous work situations. The Ministry of Labor promulgates health and safety regulations regarding conditions of work. Labor inspectors are responsible for enforcement of health and safety regulations; the strictest penalty is 6 months in jail.
