JUSTICE AND EQUALITY FOR ALL
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"I never realised how this document could effect my life until my job application was rejected because of it," said Samart Meecharoen, or Namwan, a 22-year-old katoey who is labelled with the term "Permanent Mental Disorder" on her SorDor 43 conscription certificate.— YINGYONG UN-ANONGRAK |
Imagine you are a young graduate looking for a job. You have all the qualifications for your chosen position, but your hopes of securing employment are shattered as soon as your prospective employer see the words ''Permanent Mental Disorder'' on your Sor Dor 43 conscription certificate. This is exactly what happened to Samart Meecharoen, or Namwan, a 22-year-old katoey. And she is not alone.
All Thai men must submit to the draft at the age of 20 unless they have undertaken military training in the Army Reserve Force while attending high school.
Like many katoeys, Namwan did not train in the Army Reserve Force at school, and when the time came, and with the title ''Mr'' on her ID card, she had to go through the draft process. And like many other katoeys, who due to their physical appearance - long hair, breast implants and sometimes having undergone gender reassignment surgery - she failed the draft.
The problem is that the reason given by the army for many katoeys failing the draft is that they are afflicted with a permanent mental disorder. And with that on their Sor Dor 43 forms, their chances of securing a good job disappear forever.
''I had never realised how this document could affect my life until my job application was rejected because of it,'' said Namwan, a tourism business student at Ban Somdej Chao Phraya Rajabhat University.
For some katoeys, failing the draft might be simply described as having an ''irregular breast size'', but many are not so lucky. They are labeled with terms suggesting psychological problems such as ''mental disorder'', ''psychologically sick'', ''psychologically demented'' or ''psychologically degenerate''.
Since the Sor Dor 43 is a basic document required for many things, including many job applications, such wording can result in those so described being stigmatised for life.
Angry with the injustice of her situation - and having been turned down for a job because of it - Namwan discussed her case with staff at Fa Si Roong (the Rainbow Sky Association of Thailand), an advocacy group for gay rights, where she is an active volunteer. They encouraged her to seek help from the National Human Rights Commission.
With support from the commission, the Sexual Diversity Fund (an organisation that helps fight legal battles against discrimination), the Lawyers Council of Thailand, Fa Si Roong and the Saphan Group, which represents same-sex lovers, Namwan filed a petition at the Administrative Court last November to seek changes in the army's statement on her conscription certificate which exempted her from service for having a ''mental disorder''.
She is not seeking punitive damages. All she wants is for the Ministry of Defense to do away with prejudicial labelling of katoeys on SorDor 43 documents, and to formulate a standard policy for all draft officials to abide by, explains Namwan.
Although earlier last year the army recognised the problem and agreed to remove the term ''mental disorder'' from the document for new conscripts, the current practice is certainly a violation of human rights, said Chantalak Raksayoo, a gay rights advocate.
The wording on a Sor Dor 43 does not only affect a katoey's job opportunities, but by being branded as suffering from a ''mental disorder'', they may be considered incompetent by the law, a status that can deprive them of many legal rights. For example, it may prevent them from conducting legally-binding transactions, receiving an inheritance, and sometimes even applying for a passport.
''If another party in the contract or transaction finds out what's written on the document [their Sor Dor 43], they might use this as an excuse to invalidate the contract or transaction,'' Chantalak explained.
For some, this situation may be hard to believe, given that Thailand is known for its relative openness and tolerance of the gay community. The Kingdom is also well-known as a centre for gender reassignment surgery.
For Namwan, however, this apparent openness is only superficial.
''Everyone says they accept katoeys. Ask whether they hate katoey, and they would immediately say 'No'. But still, when they walk down the street and see a katoey, they will automatically 'eeee' at us'', said Namwan, imitating a sound of disgust.
And when Namwan was interviewed on the talk show Kui Fueng Rueng Phuying recently, the hostess proved the point by calling a private company at random and asking its personnel officer if they would employ someone like Namwan. She replied frankly, saying that it is too risky for their company to employ katoey who are branded ''mentally disordered''.
As Namwan sees it, the whole situation reflects prejudice against gays and the narrow perception of sexuality in Thai society.
People with alternative sexualities, be they katoeys, lesbians or gays, are like society at large, with a range of personalities, interests and abilities.
''Don't forget that there's diversity in this world. Transgendered people may want to become doctors, teachers or architects, and they need the document [Sor Dor 43] to apply for such jobs. But because of this labelling, they have to opt for jobs that do not require many documents, such as hairdresser, designer or make-up artist,'' she said.
Namwan suggested that the media rethink their portrayal of katoeys and gays as loud-mouthed, vulgar and emotionally unstable people, which only perpetuates prejudice and discrimination.
''Each katoey has their own character. Some are funny, others are prim and proper. You cannot lock them into stereotypes,'' she said.
Thailand has still got a long way to go on gay rights, she continued. ''For example, many countries allow a man who has undergone gender reassignment surgery to change their gender on official documents (and change their title from 'Mr' to 'Ms' or 'Mrs'). Thailand still refuses to give transsexuals this right.
''We katoeys have the freedom to live, but we are still very much restricted by the law,'' she said.
Chantalak hopes that Namwan's petition to the Administrative Court will be a stepping stone to creating a change in the law to support diversity in sexuality.
Among the changes sought are gender and title changes for katoeys and the same benefits from marriage between homosexual partners that their heterosexual counterparts enjoy.
This is also what Namwan is aiming for.
''There are many transgendered people who have already faced this problem, or may have to face it in the future. They might not have enough courage, or may be too shy to fight for their rights. So what I'm doing, I'm doing for them as well,'' Namwan says.
With support from the gay community and human rights groups, Namwan feels confident that change is coming.
''I believe in the power of unity. Working together will not only strengthen us, it will eventually bring about justice and equality.''
qualifications
a skill or ability that makes you suitable to do something, such as a job
shattered
destroyed completely
prospective
likely to be or to happen in the future
conscription
the system of making somebody join the army
afflicted
to cause somebody pain, illness or sadness
mental disorder
an illness in which the mind is not working correctly
psychological
connected with the mind or the way that it works
demented
mentally ill or insane
degenerate
a person with very low moral standards, especially regarding sexual behaviour
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stigmatised
being given a bad reputation because a lot of people have a set idea that it is wrong; often unfairly
injustice
an unfair action or situation
exempted
free from having to do something or pay something
punitive
intended as punishment
prejudicial
in a way that shows a strong feeling of dislike toward somebody that is not based on reason
incompetent
lacking the necessary skill to do something well
deprive
to prevent somebody/something from having something; to take something away from somebody
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inheritance
property, money, etc. that you receive from somebody who has died
invalidate
to say something is not acceptable by law
superficial
only on the surface
transgendered
appearing as, wishing to be considered as, or having undergone surgery to become a member of the opposite sex
portrayal
the way somebody or something is described (usually on TV or in films)
perpetuate
to cause something to continue
stereotype
a common idea about a type of person or thing, which is often not true in reality
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