Gender law ignored as inequality persists

Activists rallied in Bangkok last year to promote the 2015 Gender Equality Act but much remains to be done. (Photo by Jiraporn Kuhakan)

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Heralded as a milestone law that criminalises unfair discrimination against people who have gender expressions different from their original sex, Thailand's Gender Equality Act has been disappointingly under-used since it was passed by the government two years ago this month.

Meanwhile, different forms of discrimination and violence against people with diverse sexual orientations and gender identities still persist.

As an anti-discrimination law, the Gender Equality Act promises legal measures towards equal treatment for all. It plays a welcome role in protecting people from discrimination and compensating those who have been discriminated against.

However, it remains challenging how this progressive legislation is to be effectively used and enforced when many policy-makers, authorities and the public at large have yet to embrace, in hearts and minds, the fact that every human being is equal in rights and dignity, regardless of their sexual orientation, gender identity, gender expressions, or other status.

On the global stage, Thailand projects itself -- and it is widely perceived to be -- a liberal and tolerant society in terms of lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights.

Indeed, the country is supposed to be a global social champion when it comes to such rights. Thailand ratified the United Nations Human Rights Council's landmark Resolution on Human Rights, Sexual Orientation and Gender Identity in 2011, together with several related international obligations.

The country has also hosted many conferences and events that aim to advance the human rights of LGBTI people, including transgender women's beauty contests.

The annual Miss Tiffany's Universe competition in Pattaya, for example, is a global delight for many LGBTI supporters and others.

In addition, Thailand offers a variety of services, including cutting-edge medical clinics where gender-affirming surgery is performed, and gay bars and saunas operate freely.

Despite this progressive veneer, acceptance of individuals as they are, with diverse sexual orientations and gender identities and expressions that do not conform to dominant social norms and expectations, is still a major challenge in Thailand.

We have seen brutal murders of gays and lesbians labelled by authorities as "love gone sour" rather than the hate crimes that they are.

For instance, the killing of a 28-year-old woman, Suphaksorn Ponthaisong, last January in Kanchanaburi was touted by police and the media as "a love triangle murder".

She was accused of having a romantic relationship with a mistress of a police superintendent in Ratchaburi who was alleged to be the mastermind of the murder.

Additionally, bullying of transgender youth is also common in schools.

While Thailand's transgender clinical services are some of the best in the world, drawing hundreds of clients from distant places, it has yet to extend legal recognition of a new gender identity to the transgender population.

Marriage equality has been a long time coming. In 2011-12, the National Human Rights Commission, together with the Sexual Diversity Network, sought government support for draft legislation on same-sex marriage.

By 2014, the Civil Partnership Act was ready for submission to parliament, but did not proceed for a combination of reasons, including disagreement over the legal age of marriage and adoption arrangements.

These and other disputes over the financial and legal protection of partners of same-sex marriage reflect the key challenge that society faces in overcoming deep-rooted cultural norms and expectations that regard marriage as a conventional reproductive union.

While some elements of the 2016 constitution are highly controversial, the government asserted its commitment to empower marginalised communities to exercise their rights through effective legal protections and safeguards.

The new charter includes several provisions that recognise the rights of marginalised communities.

For example, Section 4 states that the "human dignity, rights, liberty and equality of the people shall be protected", while Sections 26 to 63 extend rights protections and anti-discrimination measures to criminal justice, education, age, religious belief, freedom of expression, and other spheres.

Thailand's present political and legal commitment to protect populations from all forms of discrimination based on sex and gender is progressively in sync with human rights principles.

Unfortunately, those entrusted with implementing the law, including responsibility for enforcing anti-discrimination policies, and the broader population, remain out of sync.

The Gender Equality Act sheds fresh light on the term "discrimination" and its implications for society: When it occurs; when it is neglected or ignored; and when it is challenged and ultimately overcome.

The latter calls for a redefinition of interactions between individuals, of cultural expectations, and of religious norms, to ensure that human rights come first and foremost.

Without this change, LGBTI people will continue to be left to their own devices in countering discrimination in the home, community, school and workplace.

This brings us back to the original question: Will the Gender Equality Act fulfil its potential as a tool for people to reject discrimination and uphold diversity, inclusion and gender equality?

It is no easy task to apply an anti-discrimination law to support an LGBTI population that is not legally recognised.

It now lies with the authorities to take the final steps, going beyond the binary, in ensuring that every individual in Thailand is legally recognised for their chosen gender identities and expressions -- and for their choice of choosing to be in a same-sex partnership.

There is a fervent hope the law will eventually move the hearts and minds of society towards understanding and acceptance.

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Lazeena Muna-McQuay is a development professional who specialises in gender, human rights and sexual health. She provides technical support to several international organisations, after transitioning from a 12-year tenure with the United Nations.

Sena to launch 10 projects worth B12bn in Bangkok

The Niche Mono Sukhumvit 50, a condominium project developed by Sena, is the sole low-rise development in its announced lineup.

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SET-listed developer Sena Development Plc plans to launch 10 new residential projects worth a combined 12 billion baht in 2017, two of which are joint venture condos with Japanese firm Hankyu Realty Co.

Deputy chief executive Kessara Thanyalakpark said the company this year will launch more condo projects than ever before with nine sites, and only one low-rise project.

"The condo market [in Bangkok] is very competitive but in many locations, like those near mass transit lines, the condo absorption rate is better than low-rise houses," she said. "Our projects will target young workers and the middle- to lower-end segment in locations we are confident have strong condo demand."

Of the nine new condo projects, two will be joint venture developments with Hankyu Realty, a subsidiary of Japanese developer Hankyu Hanshin Holding Group, which made several visits to Sena's projects last year before signing an agreement last December.

One will be The Niche Pride Taopun, a 40-storey building located on a three-rai site close to the Tao Pun mass transit station with 700-800 units worth a combined 3-4 billion baht.

It will be launched in the third or fourth quarter this year as the company waits for the completion of a missing link between the Blue Line and the Purple Line, scheduled for completion in August 2017.

"The project will tap into the upper middle-end segment, but with affordable prices," she said.

The first project will be developed by a joint venture firm, Sena Hankyu 1 Co, founded last year, in which Sena holds 51% and the Japanese partner 49%.

The other eight condos will be located on Sukhumvit Soi 70, Sukhumvit Soi 113, Sukhumvit Soi 50, Pak Kret, Bang Kradi, Bang Khae, Ram Intra and Lam Luk Ka with the latter six being eight-storey condos.

Of the total new projects being launched this year, three sites were postponed from the fourth quarter last year because of mourning.

SENA shares closed yesterday on the SET at 3.70 baht, down four satang, in trade worth 13 million baht.

Sepo urges more robust rail department

A train leaves Hua Lamphong station in Bangkok. Thailand's railway development needs a rail transport department to aggressively improve the system, experts suggest. JIRAPORN KUHAKAN

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Thailand's railway development will be hampered without the planned rail transport department having a role in the liberalisation of the industry, warns the head of the State Enterprise Policy Office (Sepo).

A department empowered to act as a regulator that allows the private sector to compete with the State Railway of Thailand (SRT) in providing train services would beef up competition and efficiency, said Ekniti Nitithanprapas, Sepo director-general.

The cabinet recently approved the establishment of a rail transport department to improve railroad management, as part of efforts to reform the SRT. But the proposed department is so far limited to setting safety standards, with no authority to liberalise the train industry, now monopolised by the loss-making SRT.

A source speaking on condition of anonymity said the idea of liberalising the railway system has long been floated, but is opposed by SRT employees.

Deputy transport minister Pichit Akrathit recently said the SRT's labour union had asked the agency to halt a plan to set up two subsidiaries -- one to operate the trains and the other to oversee train maintenance work -- over disagreement over whether they should be merged.

The union said it would make more economic and practical sense for the SRT to set up a single company responsible for the operation and maintenance of the trains, two pillar functions of the SRT. The union also demanded that it be included in the process to decide the matter.

Prime Minister Prayut Chan-o-cha last month invoked Section 44 of the interim charter to remove the governor and entire board of the SRT, citing the need to improve its management.

Advertorial Krungsri Asset Management launches KFTSTAR-D

Presenting investment potential in Thai stocks in all market situations

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Believing that Thai stocks are still attractive and promising, Krungsri Asset Management is launching Krungsri Thai All Stars Equity Dividend Fund (KFTSTAR-D), presenting its potential for generating good returns on investment in diverse Thai stocks, of all types, and providing flexible portfolio management for any market situations to increase the chance of receiving total returns that are higher than those in the stock market. The initial public offering will be from 6-16 March 2017.

(Krungsri Asset Management), said: "The Company still has a positive outlook for medium and long-term investment in the Thai stock market. This is because the Thai economy is enjoying steady growth and greater strength and is benefiting from a large amount of money from the investment in infrastructure and spending by the public sector, good recovery of the tourism sector, as well as the beginning of the recovery of the export sector, with agricultural products being its main driver."

Miss Siriporn Sinacharoen, Managing Director of Krungsri Asset Management Co., Ltd. "In addition, investment money from foreign investors has begun to return to the Thai stock market. Net foreign investment in 2016 remained positive through early January 2017. This year, in the TIP Market (consisting of Thailand, Indonesia, and the Philippines), the price-earnings (PE) ratio of 15.3 of the Thai stock market was the lowest, while that of its Indonesian and Philippine counterparts were 16.4 and 17.3, respectively. It is expected that the dividend rate offered by the Thai stock market will be the highest in the TIP Market. Net profits of Thai listed companies have a tendency to enjoy growth, which keeps the Thai stock market attractive. Moreover, the Thai economy's direction and economic stimulation plans allow the Thai stock market to experience growth and create healthy long-term returns."

"Krungsri Asset Management has perceived opportunities for investment in the Thai stock market. Thus, we offer a new option, KFTSTAR-D, which is different from our existing funds focusing on a particular type of stock. When considering about Krungsri Asset Management's stocks, you will find that we have funds with policies focusing on investment in dividend stocks, high-growth stocks, and mid-small cap stocks.  KFTSTAR-D uses the Blend Model strategy, which involves selecting star stocks from all groups of stocks, of any size and type. The investment can be made in dividend stocks, high-growth stocks, and mid-small cap stocks. We have learned that there is no stock always generating highest return in all periods. Therefore, we believe that, by using the Blend Model together with active management strategy, we will have a good opportunity to generate total returns that are higher than those in the stock market. The Fund focuses on stock investment in companies that are market leaders, have a strong financial position, are likely to enjoy continual, sustainable growth of net profits, and are inexpensive when considering their potential profit growth. Krungsri Asset Management has applied the same strategy to manage investment portfolios of Thai stocks for KFLTFAST-D, which was launched last November. KFLTFAST-D has shown good performance." (Source: Krungsri Asset Management, 3 March 2017).

"With regards to returns on investment for Thai stocks from 2012 to 2016, each type of stocks generated a different rate of return each year. For example, in 2012, small-cap stocks yielded a maximum annual return of 58.65 percent. In 2013, mid-cap stocks generated a maximum annual return of -1.98 percent, and in 2014, small-cap stocks yielded a maximum annual return of 26.24 percent. (Data: Morningstar, as of 30 December 2016). Thus, diversification of investment across different types of stocks will enhance the chance of ensuring healthy returns in all market circumstances."

"KFTSTAR-D is suitable for investors who are looking for higher returns than dividend funds, like the KFSDIV Fund. This is because dividend funds focus on regular returns from dividends through stock investment rather than the growth of stock values."

“From 6-13 March 2017, the Company will waive the fees for switching from KFSDIV, KFVALUE, KFSEQ, and KFSEQ-D to KFTSTAR-D in order to encourage investors' broader diversification."

"KFTSTAR-D has a policy on equity investment of at least 80 percent of the NAV, on average, within an accounting year. And the level of risk of the fund is 6: High risk", Siriporn stated.

Investors can inquire about additional details about the fund at Krungsri Fund Management Co., Ltd., Tel. 02-657-5757, www.krungsriasset.com, or at all any branch of Bank of Ayudhya.

Investors should study fund features, performance, and risk before making an investment decision.

Past performance does not guarantee a future result.

This mutual fund performance evaluation document has been prepared in compliance with the Association of Investment Management Companies' standards for mutual fund performance evaluation.

Advertorial FEDERBRÄU initiates upmarket positioning

Federbräu's key executives (from left): Asawin Rojmethatawee, Media & Communication Director; Suphasiri Denchatphan, Brand Manager, Federbräu, Toranin Kiatichai, Brand Director, Federbräu, Edmond Neo Kim Soon, CEO, Beer Product Group; Raymond Poletti, Assistant Global Marketing Director; and Thanaporn Sukchote, Senior Marketing Officer

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According to market researcher ACNielsen, the premium product markets in Southeast Asia shows promising growth, especially in the beverage sector (103% growth). Thailand, meanwhile, ranks second for premium market growth at 24%, followed by Indonesia with 42%. This growth is the result of customers urbanising and having more spending power. These urbanised customers are willing to spend more on better quality products, rather than higher quantities. Also, they tend to seek new experiences through premium products.

Consequently, brands and products have to adjust in order to cater to different levels of consumer needs to provide better products and experiences. In response to the growing premium market, international brewer Federbräu takes its new venture to the premium market with a fresh image, communications and marketing strategy.

Explaining the success factors for premium products, Edmond Neo Kim Soon, Chief Executive Officer Beer Product Group, said: "To be successful in the premium product sector, the brand needs to hold on to innovative production, customer aspirations and desires, and competitive prices." A German-inspired premium beer brand, Federbräu is the first and only brand in Thailand that uses German Single Malt imported directly from Germany, which provides unique flavour with 5% alcohol content. German Single Malt is the finest single sourced malt from Germany. This results in a unique German flavor and bouquet which definitely differentiates the brand from others.

Packaging designs that exude premium characteristics tend to appeal to modern customers. With this in mind, the all-new Federbräu features new packaging which showcases the PSL bottle label, sleek new cans and a new logo design inspired by Bauhaus design school. Bauhaus is the German design philosophy of using clean lines to create a sleek design, representing a simple and timeless piece of work. This is clearly seen in all levels of Federbräu’s packaging.

Meanwhile, the more competitive pricing – 5% to 10% lower than the No. 1 brand in the category -- enhances brand accessibility among customers.

The new Federbräu began distribution across Thailand through various channels in February. The brand also plans to distribute its products throughout Southeast Asia, targeting growing premium markets like Thailand and Singapore.

Federbräu is believed to be a catalyst for entering the premium market and for becoming one of the top two premium beer brands within ten years.

Source: www.federbrau.de
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