Gay Rights in Thailand 2007

The Past
To help appreciate the significance of the conservative tradition on gay life in Thailand, law professor, author and Thailand resident Douglas Sanders has written: “Asian leaders often describe their societies as conservative. Confucian <and Buddhist> traditions continue to have strong influence in parts of Asia, with their stress on family lineages and procreation…. leaders speak of the ‘Asian values’ of loyalty to family, religion, community and nation, over the individualism and competitiveness of Western systems. An Asian goal is harmony, not self-assertiveness.”

Sociologist and Thai cultural analyst Peter Jackson has written, “Thai culture (and Confucian culture) places the maintenance of public shows of harmony at its core, valuing conformity to displays of orderliness…”

And British activist Peter Tatchell has observed: “For the few lesbian and gay activists in Thailand, their tactics are very different from the confrontational approach of their western counterparts. This is largely due to Thai cultural traditions which attach great value to conciliation and consensus.”

Reading these analyses a reader can begin to understand why gay rights work has been slow in coming in this country where the sexy bright nights, soaring skyscrapers, material enterprise are deceptive measures of Thailand’s true gay scene.

Why have gay rights not been a visible driving cause in this highly westernized country with a real King and many queens of the night?

1-Historically Thailand does not have a tradition of personal sexual self-expression (indeed, in the West this tradition is less than 50 years old). Self-censorship in the service of entrenched customs has bowed the heads of individuals in the past to the authority of leaders, an emperor or king to whom one swore allegiance for life. Personal ‘difference’ could spell trouble for an outspoken person and one’s family.

2-A secondly reason for the muted cry for gay rights is that in the annals of Eastern law and religion the subject of homosexuality has hardly existed in any formal decree or code. It was commonly left out of the regulations about life, work, family or devotion to a higher power. Same-sex activity or feelings were not stigmatized by laws that criminalized it or religious doctrines that condemned it as immoral or sinful. It was simply not included in any institutional codes or mores that governed daily behavior and discourse.

3-Lacking official oppression or persecution from the state or temple or unaware family there was no active public ‘enemy’ to fear. There was no public struggle, no need over generations to change anything. The idea of sexual rights and sexual freedom is a 20th century Western notion where oppression, stigma, persecution and prohibition against blacks, women and gays has evoked a rebellion, a civil rights rebellion against identified oppressors. In the East there was no clamoring to gain civil rights because there was no sense they had been lost, neglected or abused—or that they even existed.

Douglas Thompson of Purple Dragon Tours put it this way: “a visitor probably will not ever be able to understand Thai homosexuality in all of its various forms and degrees. As I have said many times before, ‘gay’ is an idea that people bring with them from outside. It does not exist here, so subjecting Thai culture to foreign standards is fruitless and insulting. There is no big movement to liberate people because they really do not feel the need to be liberated. We don’t have nuns here with rulers, Republican politicians, or the Christian right telling us that we are mentally ill or disciples of Satan.”

The Present
But the world progresses and societies change over time. Human rights in the 21st century, like global warming, is an issue that has come front and center on the world stage, urged forward by the horrors of genocide in Africa, ethnic cleansing in the Balkans, the cruelties of war in Iraq and blatant worldwide homophobia against gay citizens in virtually every country.

So it’s no surprise to find in mostly peaceful Thailand gay that activists are pushing against a logjam of religious, cultural and legal silence, absence and denial. Within recent years Thai gay human rights advocates have attempted to open a window of new thought among a complacent population as well as among political and social leadership. The struggle is uphill but there are determined activists who have decided the time is appropriate to push against the gravity of conservative Thai rituals, unquestioned practices and ignorant institutions to pry open minds that have no will (or awareness) to understand the varieties of human sexuality.

Anjaree
Enter Anjaree the most vocal and active gay rights organization in Thailand today with a clear sense of mission and take-charge leadership.

Anjaree is unique among Thai LGBT organizations. Originally, in 2003, it was the only group targeting women who love women. Headquartered in Bangkok, it now has members throughout Thailand, providing information, encouraging community formation, and sponsoring social events for Thai lesbians.

“ Today, they continue to facilitate connections among lesbians through their website and newspaper. In January 2002, Anjaree achieved a historic victory by successfully pressuring Thailand’s Ministry of Health to state publicly that homosexuality was not a mental illness…”
Throughout Thailand LGBT people have historically been vilified—behind closed doors, face harsh discrimination in schools and workplaces, and are constantly pressured to be “cured” and get married. Anjaree wants the Thai government to train mental health workers to be responsive—without prejudice—to its LGBT citizens.

Currently, Anjaree is working with the Ministry of Mental Health to organize government-subsidized trainings for psychiatrists and other professionals in the field.”

Ironically, it inadvertently offered a unique window of opportunity for human right activists: the military leaders suspended the old constitution and called for rewriting the country’s legal and social foundation.

Such events happen rarely in the civilized world and this opportunity is one that Anjaree, with the active support of Rainbow Sky, is taking advantage of. Anjana and her group are leaning on political leaders, constitutional scholars and legal experts who are trying to hash out changes to the old charter in an effort to reduce the political corruption which brought about the coup in November. With the new changes Anjana wants to be sure sexual minorities receive their share of recognition and protection under the law.

Anjaree’s most recent rallying effort was recently reported in the Bangkok Post on May 26, 2007 by Sanitsuda Ekachai, a staff reporter:

“ The new constitution must recognise the rights of gays, lesbians, bisexuals and the transgendered, gay rights activists urged yesterday. The equality clause in the draft constitution only endorses equal rights between men and women. ”There should be an additional clause to recognise diverse sexuality, which will help ease the problems of discrimination we are facing,” said Anjana Suvarnanonda, founder of Anjaree, an advocacy group of female homosexuals.

“ The National Human Rights Commission also supports the move to amend the draft charter so the gay community is accorded the same rights as heterosexuals, said human rights commissioner Khunying Ambhorn Meesook.

Kittinan Tharamatat from Fah Si Roong (Rainbow Sky), a gay rights advocacy group, said that if the new charter recognises diverse sexuality and mandates equal rights for the gay community, various other, discriminatory laws will also have to be amended.

“ Rape laws, which currently protect only female victims, for example, will have to be amended to protect men, homosexuals and the trans-gendered too. At present, raping boys or men is legally considered to be only sexual molestation, which carries lighter punishment than that of rape. ”Rapists, regardless of the gender of their victims, are all similar animals from hell, so they deserve the same punishment,” he said.

“ The law, he added, must also be subsequently amended to legalise same- sex marriage, thus allowing homosexual partners to have inheritance rights. At present, when one of the partners dies, his or her money and other assets go to the family of the deceased.

“ Job discrimination against homosexuals and the trans-gendered will also become illegal if the new constitution addresses the issue, he added. ”Right now we, the trans-gendered, have a very limited work choice. The constitutional change will help protect us against this discrimination,” said Tanyarat Jirapatpakorn, Miss Tiffany Universe 2007, a trans-sexual beauty queen.

“ Meanwhile, Chantalak Raksayoo of the Sapan Group stressed how important it was for the constitution to clearly state a specific timeframe for legal amendments to recognise diverse sexuality and gay rights. ”Otherwise such rights will exist only on paper,” she said.

“ According to Ms Anjana, half of young people who attempted suicide in Thailand were homosexuals and trans-gendered people who could not put up with severe pressure and condemnation from their own families and society.

“ In addition to legal changes, Prof Suporn Koetwang, a noted public health expert, called for better public education to rein in homophobia among the general public.

“ Sawing Tan-oot, a member of the National Legislative Assembly (NLA) and the Constitution Drafting Assembly, will propose the clause on gay rights be included in the draft charter. But many NLA members still do not understand the concepts of gender and diverse sexuality, he said.