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13 Dec 2006

news around the world 13-dec-06

The Thai military will no longer define gays and transsexuals as mentally ill but will continue to reject them as soldiers. In Turkey, the owner of Turkey's only LGBT magazine has been being accused of publishing pornographic material and will face up to three years jail. A UK councillor who remarked that "equated gay people with paedophiles" was found guilty of a public order offence and ordered to pay 250.

Not mentally ill but still unfit to serve: Thai military
The Thai military said last week it will no longer define gays, transvestites and transsexuals as mentally ill - but still insists they are unfit to be soldiers. The new policy will list them as suffering from sexual identity problems.

In Thailand, male citizens turning 20 are required to register each April for an examination to determine whether they are physically and mentally fit for military service. Recruits are selected in a lottery system to serve two years of military service.
The change comes after a transsexual, Samart Meecharoen, filed a complaint Wednesday with the Central Administration Court, challenging the military's policy as discriminatory. The university student said the term "permanently ill mentally" in his Army conscription record had prevented him from making any business deals or applying for any jobs, because he was regarded as legally incapable, reported The Nation newspaper.

"The military does not mean to discriminate against these people or violate their human rights but we are trying to find the word to show that they are not fit to serve in the military," said Maj. Gen. Phichai Pinsaikhaew, deputy chief of the military reserve command.

"To avoid the possible violation of human rights and discrimination, the military will change the term of wording in conscription from being mentally ill to suffering sexual identity problems."

According to media reports, men who dress as women or have undergone surgical procedures will receive certificates of exemption that are stamped "due to mental disorder."

Officials quoted say that between one to five percent of the people who show up for registration are gay transvestite or transsexual.

Although Thailand is considered to be quite tolerant of homosexuality and transsexuality, Thai laws do not recognise the reassigned gender of transsexuals in legal and travel documents nor for the purpose of marriage.

Former Muay Thai (Thai kickboxing) champion Parinya Charoenphol (or Nong Toom as she is commonly known) has criticised the military's policy in a television interview after she herself was being exempted from the military. The 25-year-old, who had recently made a comeback in the kickboxing ring, had undergone sex change surgery in 1999 after announcing her retirement from kickboxing after a career.

"The words 'mental disorder' marked on the certificate seriously affects our lives," said Parinya who is probably the best-known male-to-female transgendered person in Thailand. People with mental disorders are also unable to make certain legal agreements and have difficulty seeking employment.
Turkish gay magazine owner face prison
The chief editor/owner of Turkey's only LGBT magazine has been being accused of publishing pornographic material under the Turkish Penal Code.

If convicted, Umut Guner, who is the owner of the magazine and vice president of Kaos GL Association, may face up to three years of jail sentence. It comes after the July issue of the magazine was confiscated by Turkish authorities. The magazine is a quarterly journal of the association which has been a legally registered non-government organisation (NGO) since October 2005.

On July 24, 2006, issue 28 of Kaos GL magazine was confiscated on the same day it was printed by the Twelfth Ankara Justice Court - even before it was distributed to bookstores - because the court deemed its content to be 'pornographic'.

The issue contained a feature titled "Visuality of Sexuality, Sexuality of Visuality: Pornography," in which the relation of pornography to homosexuality is discussed by prominent Turkish writers, artists, academics, feminists and gay-lesbian individuals has been banned.

According to a statement regarding the ban, the group said: "From the beginning, we have developed arguments and given a struggle against putting homosexuality the same category with sexuality and putting sexuality with the same category with pornography."

"Not pornpography but criticising and questioning pornography is banned!"

Turkish Penal Code, Article 226, Part 2 states: "A person who broadcasts or publishes obscene images, printed or audio material or who acts as an intermediary for this purpose shall be sentenced to imprisonment for a term of six months to three years."

According to the magazine's web site, Kaos GL requested during the Penal Code review in 2005 that the "obscenity" article in the Turkish Penal Code be amended by clearly defining what constitutes obscenity."

Kaos GL appealed the decision to the Supreme Court; however he Supreme Court approved the lower court's decision. The court rejected the appeal to release the publication and declared that the decision is lawful and complies with the procedural proceedings. Ankara First Instance Criminal Court held with the decision to ban the Kaos Gay and Lesbian Cultural Studies and Solidarity Foundation's publication Kaos GL issue 28.

As further domestic appeals are not available, Kaos GL is planning to have the case heard by the European Court of Human Rights (ECHR). As part of its application for membership of the European Union, Turkey is expected to allow greater rights including freedom of speech and press and greater rights for the gay community.

Currently Umut Guner, owner of the magazine and vice president of Kaos GL Association, is facing up to three years of jail sentence.

Related site:
Kaosgl.com
English official convicted for making gay remark
A Brighton and Hove councillor who made a remark that "equated gay people with paedophiles" was ordered to pay 250 (US$490) costs and received a conditional discharge after he has been found guilty of a public order offence.

The Brighton Magistrates' Court heard that at a mayor-making reception on 18 May, Peter Willows, 75, from Hove, East Sussex, was asked by James Ledward, the editor of gay magazine Gscene, if he thought another gay man standing with them, Councillor Paul Elgood, was a paedophile.

"Willows replied to that with, 'I know you are not Paul, it's the other gays,'" said Prosecutor David Packer.

Willows told the court that he had "lots of colleagues who are gay" and he "treat(s) them as normal, as they would wish to be treated." He denied a charge of using threatening, abusive or insulting words or behaviour or disorderly behaviour, within the hearing or sight of a person likely to be caused harassment, alarm or distress.

Chairwoman of the bench Pauline Quinton found him guilty saying: "Because you knew that both men were gay... your remarks would inevitably be insulting."

Willows' barrister, Irena Ray-Crosby, said her client had made a "stupid mistake which he bitterly regrets."

Willows had been suspended from serving on Brighton and Hove City Council until the end of the trial.

读者回应

1. 2006-12-14 01:40  
that's a little too much. he should be let off with a stern warning.
2. 2006-12-14 09:40  
Concerning the English article:
I find this article horrible. Maybe it is because I am American and believe that people have the freedom of speech no matter if I disagree with their words, but I dont understand how this gentleman did anything wrong.

I know that European jurisprudence, when concerning defamation law is much more friendly to the plaintiff than American but I don't see how a gentleman making a stupid remark such as this is really such a big deal. He didnt even accuse a certain gay man of being a paedophile, just gays in general . The judge just said it was insulting, nothing more. Even a stern warning is too much. Why does a nation's laws deal with such rediculous matters when there are far more important things? Please, some freedom of speech!
3. 2006-12-14 12:44  
An interesting paradox....the kingdom of Thailand, where hundreds of thousands of GAY guys flock annually for "fun"...spending millions of pink dollars.....is also a land which labels their own gay population as "suffering from mental disorders"...and are "not fit" to serve in the military and therefore are "not fit" to lead normal, productive lives.

How would the Thai economy suffer and what would its leaders think and respond if we just STOPPED going there? Would it really matter to anyone...the loss of the pink dollar, to the Bangkok Pattaya, and Phuket economies?
4. 2006-12-14 15:28  
@subaltern : let say : Americans are K.K.K.
@zhenquan : Singaporeans are ALL homophobic because never forget than a Democratic Government does things on the behalf of the citizens.

You said freedom of speech ? Sorry guys, but please learn a bit from older democracies before arguing with them about the freedom of speech...
5. 2006-12-14 15:37  
@caesar2003 : oh then why don't u stop go to Thailand from NOW?
Their leaders are just sure u guys won't stop going there because you like too much the pink activities they can provide u .....
6. 2006-12-15 09:47  
So the editor of Gscene set up a 75 year old man raised in a different era when things were viewed differently by people, to make a stupid statement without thinking it through. I would have to ask what was the editors TRUE AGENDA in asking the question in the first place other then to expect the response he received so he could make issue of it perhaps? Really what was the point, shame on James Ledward, no one is going to change how Peter Willows thinks at his age it is totally ingrained and those with half an education and an open mind know his babbling about all unkown (to him) gays being pedophiles is just not true. Again I ask what was the point in this after all Peter Willows will no doubt be dead within the next ten years or so based on his age and wouldn't be in politics after the next 5years at most so whom really cares how or what Peter Willows thinks. There had to be a hidden agenda by James Leward, perhaps it was to be able to sell more copies of his rag magazine? Shame shame James Leward for taking advantage of the unguarded thought of a 75 old man for your personal agenda.
回应#7於被作者删除。
回应#8於被作者删除。
9. 2006-12-16 11:07  
As I read this article, I cannot help it but notice something very interesting. This banner on the right of the screen, by a gay lifestyle magazine in HongKong features a model whom look hardly 15.

What can we say about our lifestyle ?? Let's face our problem squarely if we have one. Try not to defend it. If we want a strong voice in our community, we need to clean our backyard first.
回应#10於被作者删除。
11. 2006-12-18 10:36  
I support Turkey's eventual admission to the European Union, as Turkey represents a vital link between Europe and Asia. However, before this can happen, the Turkish government has the uncomfortable burden of deciding if admission is worth amending legislation to reflect prevailing European social attitudes on human rights and other issues.
12. 2006-12-20 05:39  
hmm ?

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