Tiny steps for LGBTI rights

Tiny steps for LGBTI rights

Just about three months ago, the Justice Ministry's official in charge of the matter promised a new bill to improve the battered rights of same-sex couples. Since then, the government and the Rights and Liberties Protection Department in particular has been tight-lipped. A bill that demands public input and debate has received neither.

The promise for action came early in July from Pitikan Sithidej, chief of the department. Even then, her proposed timeline was surprising. According to Ms Pitikan, she intended then -- and presumably now -- to sign off on a "Civil Partnership Bill" within two weeks from today. She wants it sent straight to the cabinet and then, if the government approves, just as precipitously to the National Legislative Assembly (NLA).

The public, then, is purposely excluded from one of the most controversial laws dealing with both human and civil rights. Bureaucrats and politicians may have a vision of pressing this bill into law without public scrutiny. It not only is a terrible and arrogant idea, but also impossible. A law of this importance cannot -- and should not -- proceed without maximum input from the lesbian, gay, bisexual, transgender and intersex (LGBTI) community and the affected public.

Inevitably, some illiberal people are bound to oppose even the most urgent and proper legal steps needed on this issue. Most will probably come from the conservative factions of religion. It is important to provide them a public voice so they will not take their views underground to try to subvert any advance in LGBTI rights.

More importantly, the government's too-cautious and anti-progressive step to employ small changes to laws on civil unions will also draw heavy criticism. This is a time when nations worldwide, including right inside Asean, have already legalised same-sex marriages. From Ms Pitikan all the way to Prime Minister Prayut Chan-o-cha, the bureaucracy and power holders must explain why Thailand cannot take such a step.

This country is known worldwide as one of the most tolerant and progressive on the fact of same-sex and cross-gender relationships. However, lesbian, gay, bisexual, transsexual and inter-sex people do not have the same rights as "straight" people in heterosexual relationships. Domestic marriage is not allowed or legally recognised and neither, perversely, are ceremonies performed with legal backing abroad. Same-sex unions without marriage leave the partners without recourse in every matter from social security all the way to death and inheritance.

The draft of the Civil Partnership Bill should be circulating amongst the public by now. Instead it remains secret. The devil of this bill being in the details, it is not enough that it be transmitted to cabinet and then to the NLA without public knowledge. It is far from sufficient that the public will be informed of the content of this historic bill while the appointed, unaccountable men of the NLA decide its fate.

If the government including Deputy Prime Minister and Minister of Justice ACM Prajin Juntong haven't noticed, so-called "gay rights" law is in flux around the world. Just in our own region, both Vietnam and Taiwan have celebrated new laws that have brought in same-sex marriage, even though in Malaysia last week two Malaysian women were flogged in a public court for being caught while allegedly merely trying to have sex.

The former is preferable to the latter, of course. But the government's tiny step to deal with certain aspects of civil unions seems stingy. As the World Bank pointed out for a second time earlier this year about Thailand, "LGBTI people and sexual/gender minorities experience lower employment, education, health, housing and lower socioeconomic outcomes than the general population." This is the deficit Thailand must address, and same-sex marriage must at the very least be an important part of the discussion.

Editorial

Bangkok Post editorial column

These editorials represent Bangkok Post thoughts about current issues and situations.

Email : anchaleek@bangkokpost.co.th

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