Justice and equality for all

One person's fight against being branded as suffering from a 'mental disorder' by the Thai army

STORY BY KLOYKAMOL SIRIBHAKSI, PHOTO BY 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 SorDor 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 katoey, 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 katoey, 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 katoey failing the draft is that they are afflicted with a permanent mental disorder. And with that on their SorDor 43, 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.

While some katoey failing the draft might be simply described as having an "irregular breast size", many are not so lucky. They are labelled with terms suggesting psychological problems such as "mental disorder", "psychological sick", "psychologically demented" or "psychological degenerate".

Since the SorDor 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, said Namwan: All she wants is for the Ministry of Defence to do away with prejudicial labelling of katoey on SorDor 43 documents, and to formulate a standard policy for all draft officials to abide by.

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 SorDor 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 SorDor 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 seeming openness is only superficial.

"Everyone says they accept katoey. 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 katoey, lesbian or gay, 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 [SorDor 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 katoey 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 katoey 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 katoey 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."

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."

Bangkok Post
Friday February 02, 2007