By Siraphob Thanthong-Knight

BANGKOK (DPA) — In the lively Silom district of central Bangkok, customers pile into a small, noisy gay bar on a busy Saturday night.

Chakgai Jermkwan and his partner Sean L'Estrange co-own the popular venue, which is located on a narrow street lined with gay bars.

The couple has been together for eight years and was legally married three years ago in Boston, Massachusetts.

"We are a married couple in the US but here in Thailand, we are just two friends in the eye of the law," Chakgai said.

"If something bad happened to him tomorrow, I wouldn't have a say in anything," Sean added. "I would be nothing."

Silom district in downtown Bangkok on January 15, 2015 [DPA].

Thailand welcomes lesbian, gay, bisexual and transgender (LGBT) visitors: its tourism authority targets the LGBT market, and Bangkok is often the only Asian city included on lists of gay-friendly tourist destinations around the world.

There is no law against homosexuality in Thailand, unlike in some other countries in the region.

However, Thai society is less accepting of its own lesbian, gay, bisexual and transgender communities.

Among Thais between 15 and 24 years old, 56 per cent think homosexuality is wrong, according to recent research by Khon Thai Foundation, a non-profit organization.

By comparison, more than 70 per cent of young people in Japan, South Korea, the Philippines and western European countries think that homosexuality should be accepted by society at large, according to the Pew Research Center, an American think-tank.

In a country where nearly 95 per cent of people are Buddhists, some believe that gay or transgender people suffer from bad karma for committing adultery in their past lives.

"I find it surprising that Thailand, being one of the most gay-friendly countries [for foreigners], does not have laws that support and protect the LGBT community," said L'Estrange, an Irish-American who has lived in Thailand for almost 10 years.

Thailand has no laws against discrimination toward LGBT people, and a recent surrogacy bill defines parents as members of heterosexual couples only. Same-sex marriage is neither licensed nor recognized.

Although a partnership bill has been drafted and will be submitted to the parliament, gay rights activists have concerns about it.

The Anjaree Group, Thailand's largest lesbian and gay rights activist organization, has criticized the bill for not granting homosexual couples the same rights as heterosexual couples.

The proposed Civil Partnership Act includes the right to use one's spouse's surname, the right to end the partnership and property rights. But it also raises the age of legal consent from 17 to 20 and does not include joint adoption or parental rights.

"Although we won't get all the rights we deserve, at least it'll be a good start," said Chakgai.

Sean and Chakgai in their bar in Silom Soi 4, Bangkok on January 15, 2015 [DPA].

Transgenders, locally referred to as "kathoey," are more common in Thailand than perhaps in any other country in the world, but they too complain of discrimination.

It is estimated that 1 in 166 men in Thailand is kathoey, compared to 1 in 2,500 in the United States, according to research by the University of Hong Kong.

It was not until 2011 that the Ministry of Defence stopped classifying kathoey – men living as women, not limited to those who have undergone gender reassignment surgery – as people with permanent psychological problems.

Again, the legal framework seems to lag behind. Transgender females are still identified as male in their passports, for instance, although there have been hints that kathoey may get formal recognition under the country's next constitution.

"Society seems to have space for transgenders [only] specific to the entertainment and tourism industry," said Kath Khangpiboon, the only transgender lecturer at Bangkok's Thammasat University.

"I am very fortunate that the university considered me for my ability, but most transgenders do not get that chance," said the social welfare professor. "I have heard many stories of employers telling transgender women to go cut their hair or dress like a man in order to get the job."

"The country's liberal image is superficial," she said.

Changing image into reality may require a more concerted effort from the authorities and the LGBT community.

"There are no openly gay people in high-ranking offices who can influence the change in both law and attitude," said Suppakorn Chudabala, a gay rights researcher. "The local LGBT community needs to be more active as well."

Kertchoke Kasemwongjit, from the Ministry of Justice, the head of the team drafting the same-sex partnership bill, agrees that more activism is needed.

"We need more support from LGBT people to implement changes in the law," he said.

"The first step in advocating for LGBT rights is to educate people that being homosexual or transsexual is not wrong," Suppakorn said.

"People need to stop thinking that heterosexual is a norm and understand that sexuality is diverse."

"We are not asking for any privileges," said Chakgai, the bar owner. "We just want to be treated equally, like everyone else."

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NAKHON SI THAMMARAT – Representatives from the United Nations refugee agency visited 99 Rohingya who were recently rescued from suspected human traffickers in southern Thailand today.

Police intercepted 102 Rohingya refugees in Nakhon Si Thammarat province on 13 January. The refugees, many of whom are children, were found crammed into the back of several pickup trucks when police found them.

Two Thai drivers were arrested and charged with human trafficking, while others managed to flee the scene, police say. 

Three of the 102 Rohingya have died since they were rescued. One woman was found crushed to death at the scene, and two men died in police custody, one from dehydration and another from an infection. Police previously told the media that 98 refugees were found, but corrected the number to 102 yesterday, citing a "miscalculation."

Today officials from the United Nations High Commissioner for Refugees (UNHCR) inspected the condition of the 99 Rohingya, who are being kept in a shelter in Hua Sai. The officials brought food and other necessities, as well as toys and educational equipment for the young refugees.

Serge Bertomio (name transcribed from Thai text), a UNHCR field officer, told reporters through an interpreter that the UNHCR is coordinating with the Thai government to tackle issues related to the plight of the Rohingya. 

Many Rohingya hail from the Rakhine state of Myanmar, where they are denied citizenship by the Burmese government. 

Waves of religious and ethnic violence in Rakhine have driven tens of thousands of Rohingya to flee their homes by boats and other means in recent years. It is believed that up to 140,000 Rohingya have been displaced by anti-Rohingya violence. According to the UN, the Rohingya are one of the most persecuted minorities in the world. 

Reports by human rights groups and foreign media agencies have revealed instances of Thai smugglers exploiting the plight of the Rohingya by charging them exorbitant fees in exchange for promises of a safe passage to another country.

However, many Rohingya never make it to their final destination, which is often Malaysia, because they are held for ransom in Thailand or sold as slaves to boats in the Thai fishing industry.

An officer at Hua Sai Police Station said the court has issued arrest warrants on three more Thais allegedly involved in the human trafficking of the Rohingya.  

"We are looking for them. Their charges carry a statue of limitation of up to 15 years," the officer said. 

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NAKHON SI THAMMARAT – Representatives from the United Nations refugee agency visited 99 Rohingya who were recently rescued from suspected human traffickers in southern Thailand today.

Police intercepted 102 Rohingya refugees in Nakhon Si Thammarat province on 13 January. The refugees, many of whom are children, were found crammed into the back of several pickup trucks when police found them.

Two Thai drivers were arrested and charged with human trafficking, while others managed to flee the scene, police say. 

Three of the 102 Rohingya have died since they were rescued. One woman was found crushed to death at the scene, and two men died in police custody, one from dehydration and another from an infection. Police previously told the media that 98 refugees were found, but corrected the number to 102 yesterday, citing a "miscalculation."

Today officials from the United Nations High Commissioner for Refugees (UNHCR) inspected the condition of the 99 Rohingya, who are being kept in a shelter in Hua Sai. The officials brought food and other necessities, as well as toys and educational equipment for the young refugees.

Serge Bertomio (name transcribed from Thai text), a UNHCR field officer, told reporters through an interpreter that the UNHCR is coordinating with the Thai government to tackle issues related to the plight of the Rohingya. 

Many Rohingya hail from the Rakhine state of Myanmar, where they are denied citizenship by the Burmese government. 

Waves of religious and ethnic violence in Rakhine have driven tens of thousands of Rohingya to flee their homes by boats and other means in recent years. It is believed that up to 140,000 Rohingya have been displaced by anti-Rohingya violence. According to the UN, the Rohingya are one of the most persecuted minorities in the world. 

Reports by human rights groups and foreign media agencies have revealed instances of Thai smugglers exploiting the plight of the Rohingya by charging them exorbitant fees in exchange for promises of a safe passage to another country.

However, many Rohingya never make it to their final destination, which is often Malaysia, because they are held for ransom in Thailand or sold as slaves to boats in the Thai fishing industry.

An officer at Hua Sai Police Station said the court has issued arrest warrants on three more Thais allegedly involved in the human trafficking of the Rohingya.  

"We are looking for them. Their charges carry a statue of limitation of up to 15 years," the officer said. 

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BANGKOK — Thai junta leader and Prime Minister Prayuth Chan-ocha has asserted his authority to pass a mass surveillance bill that would allow officials to inspect any form of communication without a requesting a court warrant.

When a reporter from Isra News asked the junta chairman to comment on the draft of the controversial Cyber Security Act, Gen. Prayuth responded that Thai people should study the "rules" instead of focusing only on the "restriction of their rights."

"Today, have I ever restricted anyone's rights? Have I ever done that?" asked Gen. Prayuth, who imposed martial law after leading a military coup on 22 May 2014, and has banned any political protests or public criticism of his regime. 

The reporter pressed Gen. Prayuth to justify the sweeping nature of the bill, prompting Gen. Prayuth to lose his temper and shout, "I don't have to answer why! I will pass it. You have a problem with that? Otherwise, why the hell am I the Prime Minister? Why am I the Prime Minister?"

Gen. Prayuth then walked away from the reporters and said angrily, "I'm in a very bad mood."

If passed, the Cyber Security Act, a draft of which is available on the Thai Cabinet’s website, would grant officials authority to "access any channel of information and communication, including mails, telegrams, telephones, fax, computer, or any other type of electronic and telecommunication equipment" in order to safeguard the "cyber security" of the state. 

The bill states that officials can exercise those powers per orders from a Committee for Defense of National Cyber Security, which will be formed by the Cabinet, effectively discarding any legal need for authorities to apply for a court warrant first. 

The legislation would allow Thai authorities to access any email, Facebook account, and computers of any individual suspected of engaging in actions that may affect "cyber security."

The draft of the bill also authorizes the Committee to "summon any state agency or individual to give testimony or submit any document beneficial to the operation of this Act," and to "ask" any state or private agency to "perform any task" to protect the national cyber security as decided by the Committee.

According to Thai Netizen, an NGO that campaigns for internet freedom in Thailand, the draft has been approved by the Cabinet, and is now awaiting a vote by the National Legislative Assembly, a body appointed by the junta last year.

Thailand already has two draconian pieces of legislation used by authorities to restrict freedom of expression on the internet: the lese majeste law, which criminalizes any criticism of the monarchy, and the Computer Crime Act.

The Computer Crime Act, which carries a maximum penalty of five years in prison and a 100,000 baht fine, outlaws any use of a computer system that affects "national security," "spreads false information," or damages the "good morality of the people."  

Critics say the law's sweeping scope is regularly abused to restrict freedom of speech. In December 2013, the Royal Thai Navy sued an online news site in Phuket province with the Computer Crime Act for reprinting a Reuters article that accused some members of the navy force of collaborating with human traffickers in Thailand's southern coast

"Each Ministry will submit its opinion in different issues, including human rights," Visanu was quoted as saying. 

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