Gender equality lost in translation?
Published on April 7, 2009
Source: The Nation
Re: "Without equality, tolerance for gays is just a myth", Opinion, April 3.
The article on Friday and the letter of Saturday raise the question whether the Thai constitution prohibits discrimination on the basis of sexual orientation and gender identity. This was the matter of discussion and votes in the redrafting of the Constitution which took place in 2007. In the drafting committee there were serious problems as to what Thai terminology was appropriate to use. There has not been a lot of Thai-language public discussion of these issues, and, as a result, an accepted set of terms has not yet come into use. Thai terminology, many drafters said, was the major problem in agreeing on new wording.
In the end, an official statement of intent was issued by the drafting assembly explaining the decision not to amend Article 30. It said that the reference to "sex" in the article should be interpreted to include sexual orientation. Because of that understanding of the meaning of "sex", the members of the commission felt no amendment was necessary. The basis for this interpretation was the decision of the United Nations Human Rights Committee in the case of Toonen v Australia, interpreting the International Covenant on Civil and Political Rights (which Thailand has signed).
"Sexual orientation" did not have to be added because it was already included. Similar logic means that "gender identity" also did not have to be added.
DOUGLAS SANDERS
BANGKOK
Border commanders lack common sense
Thai and Cambodian army commanders should be ashamed of themselves for the recent fiasco that resulted in the deaths of two Thai and two Cambodian soldiers in the area adjacent to the Preah Vihear Temple.
"Playing down" the issue and calling it a "misunderstanding" smacks of the incompetence of the officers in charge on both sides. Can you imagine how the families of these dead soldiers felt when told the completely unnecessary deaths were caused by a "misunderstanding"?
Until the Thai and Cambodian governments get down to serious discussions over this important World Heritage site and stop acting like spoilt brats arguing over a toy, there will be no end to the skirmishes, and possibly more unnecessary deaths.
Maj General Kanok Natrakawesana also reportedly said that troops guarding the border would not be allowed to bring any alcoholic drinks into the area. What an amazing statement. The mere thought that armed soldiers have access to alcohol is as much of a worry, if not more, than alcohol in the hands of road-users. It sounds as if the military authorities in this contested area need lessons in basic common sense and in the ability to issue competent orders and see they are strictly enforced.
CHRIS KAYE
CHON BURI
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