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Monday, November 2, 2009

Transsexuals at war with military prejudices

By Sanitsuda Ekachai

Ask any transsexuals in Thailand what happened to them on military conscription day, and they will painfully tell you how they had to bear with humiliation, ridicule, and - quite often - sexual harassment.

As part of the physical examination, for example, transsexuals are required to take off their shirts and have their bare breasts measured in full public view. The sight is considered "hilarious" and the photos of bare-breasted "katoeys" often appear in newspapers the following day.

A few years ago, the military provided transsexuals with a special room for physical examination to protect the respectability of the draft ritual. But the harassment of the transsexuals continued.

"Three officials followed me into the room. I was told to take off my shirt, they stared at my breasts, touched them, and laughed at me. Imagine my humiliation. But I couldn't do anything," one transsexual lamented at a recent meeting, co-organised by the National Human Rights Commission, the Thiranart Kanchana-aksorn Foundation, and the transsexuals' movement to redress the situation.

The pain did not end with the conscription day.

Since transsexuals are legally male, they are required to show the conscription exemption papers to their prospective employers. How much chance do they have when the official papers routinely describe transexuals as mentally ill?

Samart Meecharoen, aka Namwan, was not only described as mentally sick, but as "permanently mentally sick".

When shock turned to anger, Namwan decided to channel it into a mission to save the younger generation of transsexuals from the same violation.

With support from rights groups, Namwan took the case to the Administrative Court two years ago, suing the military for rights violation and calling for a court order for the military to delete the depraving clause.

Although the case is still pending, Namwan's daring challenge has effectively woken the military up to the 21st century. For the past two years, no transsexuals have been described as mentally ill in their draft exemption papers, said Col Krissana Bowornratanarak, the military's legal expert.

As an interim measure, the transsexuals have been put in the category of "men who are too weak to serve" at the time of drafting. Consequently, they are required to report themselves for two more years before being discharged from conscription.

Meanwhile, the military are busy fixing the conscription regulations to standardise the reasons for relieving transsexuals from draft duty. The draft regulation, already approved in principle by Cabinet, is now under scrutiny by the Council of State, the government's legal arm. It proposes two reasons to discharge transsexuals. One, for having gender identity disorder, which is translated in Thai as pid pokkrati or being abnormal. And two, for being mentally feminine as judged by the conscription committee.

But the transsexuals insist that who they are is not "an illness". Diversity is part of Nature, and so is sexual diversity, they argue.

They are also particularly unhappy with the Thai translation which perpetuates the social stigma of transsexuals as freaks, thus subjecting them to endless discrimination and harassment.

They want the military to use neutral terms free of social stigma. For example, a different gender identity from sex at birth. If not, they will continue to suffer job discrimination for life, they say.

"But we haven't used the 'pid pokkrati' phrases out of prejudice," insists Col Krissana. "Our rules must have authoritative medical reference. And the term we use is from the Department of Mental Health, Public Health Ministry," he explains.

Indeed. When only heterosexuality is accepted, what exists outside the mould is condemned as an illness, an abnormality, comments feminist scholar Kritaya Archawanitkul.

How to make the medical authorities stop seeing transgender as a sickness? How to convince the Council of State to listen to the transsexuals' voice? How to make the predominantly heterosexual world more open-minded?

They might not know the answers. But one thing is certain. The days of silent resignation of the transsexuals are over.

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