ECONOMIC INCLUSION OF LGBTI GROUPS IN THAILAND ECONOMIC INCLUSION OF LGBTI GROUPS IN THAILAND © 2018 International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Rights and Permissions The material in this work is subject to copyright. Because The World Bank encourages dissemination of its knowledge, this work may be reproduced, in whole or in part, for noncommercial purposes as long as full attribution to this work is given. Any queries on rights and licenses, including subsidiary rights, should be addressed to World Bank Publications, The World Bank Group, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@worldbank.org. This work was originally published by The World Bank in English as Economic Inclusion of LGBTI Groups in Thailand in 2018. In case of any discrepancies, the original language will govern. Cover design by Quo Global Contents Acknowledgments vi Abbreviations viii Glossary of Terms ix Executive Summary 1 1. Introduction 12 2. How Was the Research Done? 13 3. Thailand: Societal and Legal Context 16 Societal Context 16 Legal Context 18 4. Challenges in Accessing the Labor Market 21 Highlights 21 Incidence of Discrimination 22 A Closer Look at Individual Sectors 23 Manifestations of Discrimination in the Labor Market 26 Consequences of Discrimination 29 5. Access to Services and Markets 31 Highlights 31 Access to Government Services 32 Access to Health Services and Insurance 37 Access to Educational Institutions and Vocational Training Institutions 40 Access to Finance 42 Access to Housing 45 6. Moving Forward—Policy Options 48 Focus Area 1: Public Policy Awareness 48 Focus Area 2: LGBTI Equality and SOGI Nondiscrimination in Employment 52 Focus Area 3: Equality in LGBTI Health Care 53 Focus Area 4: Inclusive Education for All 54 Focus Area 5: Equality of Legal Rights 57 Focus Area 6: Research to Fill Knowledge Gaps 60 References 64 Appendix A. Development, Testing, and Dissemination of Online Surveys 69 Appendix B. Survey–Quotas per Group 71 Appendix C. Regression Analysis—LGBTI and Employment Discrimination 73 Acknowledgments The report was prepared by a World Bank Group team overseen by Ulrich Zachau (country director, Thailand) and Susan S. Shen (practice manager); the task team leader was Maria Beatriz Orlando (lead social development specialist). The team included Zuzana Boehmová (senior gender consultant), Clifton Cortez (SOGI adviser), Philip Crehan (LGBTI consultant), Asif Mohammed Islam (economist), Dominik Kohler (LGBTI consultant), Piotr Pawlak (senior gender consultant), and Pamornrat Tansanguanwong (senior social development specialist). Funding for this work was generously provided by the Nordic Trust Fund, a knowledge and learning platform for World Bank staff that promotes a human rights-based approach to development. The team acknowledges great dialogue and comments from UNDP Thailand as well as from the Department of Women’s Affairs and Family Development at the Ministry of Social Development and Human Security; Rights and Liberties Protection Department, Ministry of Justice; National Human Rights Commission of Thailand; Gender Equality Promotion Committee; and Committee on Consideration of Unfair Gender Discrimination. The study was made possible thanks to a solid research partnership, including with Thammasat University, particularly James Burford, Nada Chaiyajit, Adisorn Juntrasook, and Timo Ojanen, and with Love Frankie, particularly Ruici Tio and Mike Wilson. Our partners helped refine the methodology and many of the ideas that led to this report. Acknowledgment and thanks are also owed to dissemination partners, particularly Workplace Pride, Hornet, and B-Change for their invaluable help in facilitating access to LGBTI populations throughout Thailand. Finally, Kaona Saowakun (a.k.a. Toto) provided enormous support in sharing the survey link with the wider LGBTI audience in Thailand. The team also acknowledges contributions from the Department of Women’s Affairs and Family Development at the Ministry of Social Development and Human Security; Rights and Liberties Protection Department, Ministry of Justice; National Human Rights Commission of Thailand; Gender Equality Promotion Committee; and Committee on Consideration of Unfair Gender Discrimination. vi Economic Inclusion of LGBTI Groups in Thailand Friends, colleagues, and organizations in Thailand that participated in focus group discussions and key informant interviews were instrumental to the development and finalization of this study. Special thanks are due for several nongovernmental organizations in Bangkok, Chiang Mai, Pattaya, and Phuket. In Bangkok, they are APCOM, Asia Pacific Transgender Network, OUTBKK, Plan International Thailand, Rainbow Sky Association of Thailand, Thai Transgender Alliance, Togetherness Equality Action, UNDP Asia-Pacific Office, UNESCO Bangkok, USAID Asia, and Workplace Pride. In Chiang Mai, they are MPlus Foundation; in Phuket, Andaman Power & Rung Andaman, and Phuket Pride; and in Pattaya, the Sisters Center for Transgender. The team thanks Ulrich Zachau for his guidance, constructive comments, and continuous support of this work. Gabriel Demombynes (program leader for human development), Eva Kloeve (senior program officer), Jorge Luis Rodriguez Meza (program manager), and Lars Sondergaard (program leader) provided technical guidance at different stages of the study. Peer reviewers German Freire (senior social development specialist), Markus Goldstein (lead economist), and Georgia Harley (senior governance specialist) provided valuable suggestions. Thanks to the Nordic Trust Fund Secretariat and management (Anna Autio and Asmeen Khan) for their support at different stages of this project. The report benefitted from notable administrative support by Elizabeth Acul, Lourdes Anducta, and Poonyanuch Chulsukon. Kanitha Kongrukgreatiyos (communications officer) and Ben Alex Manser (communications analyst) provided superb communications support. Special thanks to Barbara Joan Rice for editorial support. The team is indebted to all LGBTI and non-LGBTI people in Thailand who took part in the surveys and interviews and shared their views, opinions, and experiences. Economic Inclusion of LGBTI Groups in Thailand vii Abbreviations AIDS acquired immune deficiency syndrome HIV human immunodeficiency virus LGBTI lesbian, gay, bisexual, transgender, and intersex NGO nongovernmental organization SOGI sexual orientation and gender identity UNCTAD United Nations Conference on Trade and Development UNDP United Nations Development Programme UNESCO United Nations Educational, Scientific, and Cultural Organization UNICEF United Nations Children’s Fund USAID U.S. Agency for International Development WHO World Health Organization Note: The LGBTI abbreviation is used in the report when all subcategories are represented in the referenced material or are being discussed generally. LGBT is used when intersex issues were not specifically incorporated— mostly in secondary research or in the analysis of findings. Additionally, the use of the SOGI abbreviation notes that the bulk of secondary research and analyzed data from the research focuses on sexual orientation and gender identity. viii Economic Inclusion of LGBTI Groups in Thailand Glossary of Terms Bisexual  A person who is sexually or romantically attracted to or has sex with people of more than one gender. Bullying  Repeated aggressive behavior that intentionally inflicts injury or discomfort through physical contact, verbal attacks, fighting, or psychological manipulation. Bullying involves an imbalance of power and can include teasing, taunting, and use of hurtful names, physical violence, or social exclusion. Bullying may be direct, such as one child demanding money or possessions from another, or indirect, such as a group of students spreading rumors. Cisgender  A term used to describe a person whose gender identity aligns with those typically associated with the sex assigned to them at birth. Gay A person who is primarily sexually or romantically attracted to or has sex with someone  of the same gender. Commonly used for men. Gender  The social attributes and opportunities associated with being male and female. It encompasses the relationships between women and men and girls and boys as well as the relations between women and those between men. Homophobia  Fear, discomfort, intolerance, or hatred of homosexuality or sexually diverse people. Homophobic bullying  Bullying that is based on actual or perceived sexual orientation or gender identity. Homophobic violence Violence that is based on actual or perceived sexual orientation or gender identity. Intersex An umbrella term for people born with sex characteristics, such as physical, hormonal, or chromosomal features that do not fit typical binary notions of male and female bodies. Intersex persons may have any sexual orientation or gender identity. Lesbian A self-identified woman who is sexually or romantically attracted to or has sex with other women. Economic Inclusion of LGBTI Groups in Thailand ix MSM Men who have sex with men. They may or may not identify as “gay” or “homosexual.” School-related gender-based violence Acts or threats of sexual, physical, or psychological violence occurring in and around schools that are perpetrated as a result of gender norms and stereotypes and typically facilitated by an imbalance in physical strength or power. Sexual orientation gender identity (SOGI) a person’s physical, mental, romantic, or emotional attraction (sexual orientation), and a person’s internal sense of gender (gender identity). A person’s gender identity may differ from the sex assigned at birth. Stigma Opinions or judgments held by individuals or society that negatively reflects on a person or group. Discrimination occurs when stigma is acted on. Tom An adaptation of the English “tomboy” used in the Thai language to describe a female who may inwardly feel more like a man. Toms may appear masculine in appearance. Transgender An umbrella term for people whose gender identity or expression differs from the sex assigned at birth. Transgender identity does not depend on medical procedures. It includes, for example, people assigned female at birth but who identify as a man (female to male or transgender man) and people assigned male at birth but who identify as a woman (male to female or transgender woman). x Economic Inclusion of LGBTI Groups in Thailand Executive Summary Thailand is widely considered progressive among developing and middle-income countries regarding the inclusion of lesbian, gay, bisexual, transgender, or intersex (LGBTI) people. Yet, a growing body of research shows they still experience discrimination, limited job and housing opportunities, and barriers to accessing many common services. Most information on sexual orientation and gender identity (SOGI) in Thailand is qualitative in nature. A new study led by the World Bank, in partnership with Thammasat University, Love Frankie, and the Nordic Trust Fund, includes the first endeavor to gather and analyze quantitative data on economic and financial outcomes for a large, statistically significant sample of LGBTI people in Thailand. Qualitative data from in-depth “live story” interviews with 19 SOGI-diverse participants from across each of Thailand’s main regions complement the online survey data and provide further insights into the lives of LGBTI respondents. For the first time in Thailand, the study also presents information on non-LGBTI people and their attitudes toward LGBTI groups, based on survey responses from a statistically representative non-LGBTI reference group. The study focuses on how LGBTI people fare in Thai society economically and financially: their opportunities and inclusion, or discrimination and exclusion. It highlights outcomes for the LGBTI and non-LGBTI population in the labor, housing, and financial markets, along with LGBTI people’s challenges in their access to education, health, and government services. Based on the study’s results, international experience, and literature reviews, the report offers policy and programmatic options to widen opportunities for the LGBTI population and share prosperity among all the people in Thailand. Responses from LGBTI Community When responding to the study’s online survey, 60 percent of transgender people, 30 percent of lesbians, and 20 percent of gay men report discrimination at work. More than half assert their job applications were rejected because of their LGBTI identity. An intersex person from Bangkok said: “ I applied, but they told me, ‘This position is for women only, you’re not a woman.’ So, they couldn’t hire me. ‘I know that you’re skilled, people praise you, but for this position, the leadership wants a real woman, you’re not a woman, you have a male personal title. — Intersex individual, 27, Greater Bangkok “ © Flydragon/Shutterstock.com Economic Inclusion of LGBTI Groups in Thailand 1 Executive Summary These findings are in contrast with the progress that Thailand has made in developing legislation to stop LGBTI discrimination. Thailand also is a signatory of the United Nations Committee on the Elimination of Discrimination Against Women, which also formulates general recommendations against discrimination that includes sexual orientation and gender identity. Thailand also adopted the Gender Equality Act of 2015, which makes it illegal to discriminate against people who look different in appearance from their sex at birth. Nonetheless, significant numbers of LGBTI participants in the survey report discrimination in accessing jobs, government services, education or training, and health services as well as buying or renting property. Figure 1 shows the responses to the online survey from 3,502 people living in Thailand: 1,200 non-LGBTI people and 2,302 LGBTI people who identify themselves as gay male, lesbian, transgender, intersex, or other in their sexual orientation and gender identity. The survey is the largest quantitative data collection effort on the economic inclusion of LGBTI people in Thailand and the Asia-Pacific region. LGBTI People in Thailand Report Discrimination in All Dimensions of Economic Figure 1.  and Social Life, by Subgroup (in percent) 29.2 Job or work 18.9 60.1 Accessing 8.0 5.3 government services 26.1 A  ccessing education 11.0 6.0 or training 23.3 12.9  Renting property 9.4 17.5 27.0 Buying property 14.3 21.4 8.0 Financial services 9.0 15.8 11.4 Health insurance 8.6 15.2 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 % Respondents Lesbian Gay male Transgender (n=301) (n=1,515) (n=253) 2 Economic Inclusion of LGBTI Groups in Thailand Executive Summary Key Survey Results Among the results, five stand out as key findings around the question of how LGBTI people are faring economically and financially in Thai society today. Few LGBTI and non-LGBTI people surveyed are aware of laws prohibiting anti-LGBTI discrimination Result 1: Only 7 percent of LGBTI and only 1 percent of non-LGBTI survey participants say they are aware of laws in Thailand prohibiting anti-LGBTI discrimination. More than half (51 percent) of LGBTI respondents and more than two-thirds (69 percent) of non-LGBTI respondents report they are not aware of any such laws (see figure 2). Thailand adopted specific legal protections for LGBTI people, including through the Gender Equality Act of 2015. Figure 2. Most Respondents Are Not Aware of Laws Prohibiting Discrimination and Exclusion (in percent)  am not aware of I 69.0 any such laws 51.0 I  have heard of such 30.0 laws or policies, 42.0 but I do not know/ remember the name 1.0 Yes 7.0 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 % Respondents Non-LGBTI LGBTI (n=1,200) (n=2,302) Result 2: LGBTI survey respondents report the most severe discrimination in the labor market, followed by the housing market when renting or buying property (see figure 1). Job discrimination of lesbian, gay, and transgender respondents takes many forms, most commonly application rejection and harassment at work (see figure 3). Transgender respondents fare the worst: 77 percent of respondents report the rejection of job applications because of gender identity; 40 percent report being harassed. About half (49 percent) of gay men and 62 percent of lesbians report application rejection because of their sexual orientation or gender identity. About one-fifth of gay men say they were overlooked for a promotion or denied certain work benefits for being LGBTI. Economic Inclusion of LGBTI Groups in Thailand 3 Executive Summary Figure 3. Discrimination in the Labor Market Is Widely Reported by LGBTI Survey Respondents For all regions, discrimination in the labor market is experienced extensively by LGBTI: 77% 62.5% 49% 40% 22.7% 77% transgender, 49% gay male 40% of transgender 22.7% of gay male respondents and 62.5% lesbian respondents respondents experienced weren’t promoted because said their job applications were harassment or were they were LGBTI refused because they were LGBTI ridiculed at work 24.5% 23.7% 19% 24.5% of lesbian, gay male and 23.7% of transgender 19% of gay men experience transgender respondents were told respondents were told to significant discrimination not to show or mention being LGBTI use the toilet according in the labor market to their birth sex 60% 60% of transgender respondents face workplace discrimination Job and work discrimination varies across occupations and sectors. The police and law enforcement, the military, and religious institutions are particularly inaccessible for LGBTI people (figure 4). By contrast, agriculture, retail, and beauty and wellness are more accessible. This finding indicates potential occupational segregation by SOGI and low mobility of LGBTI people in the labor market. More than half (nearly 53 percent) of all LGBTI respondents report emotional problems, including depression, anxiety, and frustration because of discrimination or exclusion in the labor market. 4 Economic Inclusion of LGBTI Groups in Thailand Executive Summary Figure 4. Sectors Where Openly LGBTI Respondents Report Finding It Hard or Impossible to Have a Job (in percent) Police/law 51.6 enforcement Military 50.5 Religious institutions  45.8  ivil service/ C 31.0 government Primary/secondary 16.2 education  Higher education 13.5 M  edical and health 12.2 Banking, insurance  and financial 10.0 institutions Other private  9.9 company Sports 8.3 Manufacturing 6.6 Entertainment 6.3 Hospitality/travel 5.8  Beauty and wellness 4.2 Retail 3.6 Agriculture 3.1 0.0 10.0 20.0 30.0 40.0 50.0 60.0 % Respondents LGBTI (n=2,302) Result 3: LGBTI respondents face major challenges in accessing government services, such as obtaining identity cards, passports, and other personal documentation. Most important, 40.6 percent of gay men, 36.4 percent of lesbians, and 46.9 percent of transgender people participating in the survey report they could not obtain the services they sought from the government (see figure 5). Half of LGBTI respondents report being treated disrespectfully when accessing government services, and more than 30 percent say they were harassed or ridiculed and faced more requirements to gain access to the services they needed. Large groups of LGBTI respondents suffered financial, emotional, personal, or legal difficulties because of discrimination in seeking government services. Economic Inclusion of LGBTI Groups in Thailand 5 Executive Summary Figure 5. Consequences of Discrimination When Accessing Government Services, by Subgroup (in percent) I have emotional 72.7 60.9 problems 82.8 I  had to prove my identity in 22.7 a difficult or unpleasant way 15.6 57.8 I  had to fulfil additional 36.4 requirements in order to 26.6 receive the service I needed 53.1  had to dress, speak or I 31.8 behave according to my 25.0 birth sex 46.9 36.4  was not able to get certain I 40.6 services 46.9 31.8 Legal problems 12.5 37.5 31.8  Financial consequence 17.2 25.0  have physical health I 13.6 17.2 problems 23.4  had to use toilet that I 22.7 10.9 matches my birth sex 21.9 I  experiences conflicts in 27.3 18.8 personal life 20.3 13.6  It had no consequences 14.1 1.6 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 90.0 % Respondents Lesbian Gay male Transgender (n=22) (n=65) (n=64) 6 Economic Inclusion of LGBTI Groups in Thailand Executive Summary Result 4: Among LGBTI respondents, transgender people report the most frequent and severe discrimination and exclusion in society. Lesbians report worse outcomes than gay men. For example, 60 percent of transgender people report experiencing job discrimination in contrast to 29 percent of lesbians and 19 percent of gay men. The same pattern—the highest discrimination against transgender persons followed by lesbians and then gay men— also emerges across accessing government services, education and training, life or health insurance, and financial products as well as renting property. The only exception is buying real estate, where lesbians experience the most discrimination, followed by transgender persons and gay men. A transgender woman and a gay man report: “ Transgender people are treated unequally in the community. They are looked down on as second-class citizens. — “ Gay man, 26, South Thailand “ The main problem is my personal title. When I have to deal with the bank, they usually have a problem with my ID card because it still says Mister. The photo is also an old one. They usually feel suspicious and have to investigate more. — Transgender woman, 20, “ Central Thailand Result 5: More than one-third (37.4 percent) of non-LGBTI survey respondents find it acceptable for employers to discriminate against LGBTI individuals. Almost half (48 percent) found it reasonable for LGBTI people to experience some form of discrimination when seeking government services (see figure 6). © WKanadpon/Shutterstock.com Economic Inclusion of LGBTI Groups in Thailand 7 Executive Summary Figure 6. Proportion of Non-LGBTI Respondents Who Believe Some Form of LGBTI Discrimination Is Acceptable (in percent) Government 48.0 agencies Educational institutions and 45.3 vocational training P  roperty owners or 43.9 landlords Employers 37.4 P  ublic and private health and life 33.8 insurance providers  Financial institutions 32.7 0.0 10.0 20.0 30.0 40.0 50.0 60.0 % Respondents Non-LGBTI (n=1,200) Options for Improving Inclusion of LGBTI People in Thailand’s Society Thailand is well placed to become a global leader on LGBTI inclusion and a model for other countries in Asia. Moving from tolerance to full economic and social inclusion calls for more policy and programmatic action toward greater awareness and implementation and advancement of the country’s legal framework. This report offers options for policy and program action that take into account international and national experience and good practice, with a view toward ending discrimination and promoting equality, fairness, and shared prosperity among all Thai citizens. 8 Economic Inclusion of LGBTI Groups in Thailand Executive Summary Policy and program options with specific actions in six focus areas are summarized in table 1, along with possible lead responsibilities and timing. Table 1. LGBTI Inclusion in Thailand: Policy Options Recommended Lead Agencies and Timing Policy Actions Organizations Focus Area: Public Policy Awareness 1.  Develop and implement a public campaign to Primary: Short and promote awareness of gender equality legislation, •M inistry of Social medium SOGI and LGBTI rights, and SOGI nondiscrimination Development and term laws and policies across government, the private Human Security sector, civil society, media organizations, and In collaboration with: throughout society at large. Specifically: • Ministry of Justice Conduct training, raise awareness, and build a.  • Ministry of Labor capacity on gender equality, LGBTI, and SOGI •C ommittee on the issues in the labor, education, health, and other Determination of key services provided by ministries and the Unfair Gender government agencies. Discrimination Sensitize government employees, teachers, b.  •H uman Rights doctors, and other education and health sector staff Commission and other about SOGI nondiscrimination laws and policies. line agencies 2. As part of transforming Thailand and promoting •O ffice of Public the new, modern “Thailand 4.0” at home and Servants, Prime internationally, establish a high-level government Minister’s Office commitment to LGBTI inclusion and affirmequal •M inistry of Information rights and   equal rights and opportunities for all and Communication Thais, regardless of their sex, sexual orientation,  Technology or gender identity. Consider, for example, •T hai Journalists Association, Office of a public statement by the head of state or National Broadcast and government, or the assignment of nationwide Telecommunications, and responsibility for LGBTI inclusion to an “LGBTI other relevant news champion.” regardless of their sex, sexual agencies orientation, or gender identity. Consider, for example, a public statement by the head of state or government, or the assignment of nationwide responsibility for LGBTI inclusion to an “LGBTI champion.” Focus Area: LGBTI Equality and SOGI Nondiscrimination in Employment Develop and implement an equality and 1.  Primary: Medium nondiscrimination in employment and occupation • Ministry of Labor term law to guarantee nondiscrimination based on SOGI In collaboration with: status. •C ommittee on Unfair Establish an effective enforcement and monitoring 2.  Gender Discrimination mechanism for compliance with new legislation Complaints and provide redress in cases of discrimination, •M inistry of Social particularly for transgender people. Development and Human Security •P rivate sector resource groups Economic Inclusion of LGBTI Groups in Thailand 9 Executive Summary Table 1. LGBTI Inclusion in Thailand: Policy Options Recommended Lead Agencies and Timing Policy Actions Organizations Establish and promote the role of the Equal 3.  Employment Opportunity Commission as a complaint mechanism at the national level. Encourage social dialogue between private sector 4.  employers, employee resource groups, and LGBTI workers to protect the rights of LGBTI employees and promote SOGI nondiscrimination. Focus Area: Equality in LGBTI Health Care  evelop guidance and include a SOGI 1. D Primary: Short and nondiscrimination component in health service • Ministry of Health medium delivery personnel training. In collaboration with: term Develop and implement a measure preventing 2.  •Department of Health private health insurers from inquiring about sexual •Department of Mental orientation and gender identity. Health 3.  Develop and implement legal measures requiring •Department of Health private life insurers to issue life insurance policies Services Support that allow partners—married or unmarried—of any •Ministry of Justice sex and gender identity to be beneficiaries. •Office of Insurance Commission at the Ministry of Commerce •Office of Social Security Administration •Private sector (insurance companies) Focus Area: Equality in LGBTI Inclusive Education for All ncorporate gender equality and SOGI 1. I Primary: Short and nondiscrimination guidance in pre- and in-service •Ministry of Education medium training for current and new school administrators In collaboration with: term and teachers. •Ministry of Social Raise awareness of the whole school community 2.  Development and about SOGI nondiscrimination, violence reporting, Human Security and referral mechanisms, and build its capacity to •Committee on prevent and respond to violence and SOGI-based Consideration of Unfair discrimination, including bullying and cyber-bullying. Gender Discrimination •Bangkok Metropolitan Administration •Other institutions overseeing education systems including the Departments of Local  dministration, which A oversee local schools in some subdistricts 10 Economic Inclusion of LGBTI Groups in Thailand Executive Summary Table 1. LGBTI Inclusion in Thailand: Policy Options Recommended Lead Agencies and Timing Policy Actions Organizations Focus Area: Equality of Legal Rights 1.  Adopt a national gender recognition law. Primary: Medium Adopt a national same-sex partnerships law. 2.  •Ministry of Justice term A best practice partnerships law will permit and In collaboration with: validate stable partnerships between any two •Department of Rights persons, on an equal basis regardless of their sex, and Liberty sexual orientation, or gender identity. •Ministry of Justice, Fully integrate SOGI in the Gender Equality Act of 3.  Human Rights 2015 and in the promotion of gender equality in commission, and other national plans and policies generally. line agencies Explicitly include lesbians and bisexual and 4.  transgender women in all efforts to promote gender equality, women’s rights, and women’s empowerment and to prevent violence against women and girls. Strengthen and enforce legal protection against all 5.  forms of gender-based violence, including against any LGBTI or other person of diverse SOGI status. Focus Area: Research to Fill Knowledge Gaps 1.  Collect SOGI-disaggregated quantitative data among Primary: Short and key sectors. • Ministry of Social medium 2. Develop an integrated database that combines Development and term cases and data on LGBTI exclusion from relevant Human Security government agencies and civil society organizations. In collaboration with: 3. Add sections on SOGI to national surveys and • Ministry of Education registry data from line ministries. • National Statistical 4. Analyze best practices in preventing and responding Office and other line to violence on the basis of SOGI, particularly in Thai agencies schools, to build an inclusive society for all. • National and academic 5. Evaluate various policies and programs addressing research institutions SOGI in Thailand. • Nongovernmental 6. Systematically collect data on reporting of violence organizations against LGBTI people. 7. Fund research to quantify the economic and financial cost to society of exclusion and disadvantaged treatment of LGBTI people and the benefits of inclusion. Economic Inclusion of LGBTI Groups in Thailand 11 01 Introduction Exclusion based on sexual orientation and gender identity continues to be a concern in both developed and developing countries. Sexual and gender minorities are likely to be overrepresented in the bottom 40 percent of income distribution, and evidence suggests that people with non-normative sexual orientation and gender identity (SOGI) can have lower education outcomes because of bullying, stigma, and higher unemployment rates, and may lack access to adequate health and financial services (Badgett 2014; Ojanen 2009; Mahidol University, Plan International Thailand, and UNESCO 2014; UNDP and USAID 2014; Suriyasarn 2014; Ojanen, Ratanashevorn, and Boonkerd 2016). Despite proactive steps toward inclusion the country has taken to date, lesbian, gay, bisexual, transgender, and intersex (LGBTI) people continue to experience these challenges in Thailand, with each subgroup affected differently (UNDP and USAID 2014; Suriyasarn 2014). Much of the existing research on SOGI issues in Thailand, and around the world, is qualitative. Therefore, to close this gap, the World Bank—in partnership with the Faculty of Learning Sciences and Education at Thammasat University, Love Frankie,1 and the Nordic Trust Fund2 —collected new quantitative data. This study offers the first analysis to date of quantitative data on economic and financial outcomes for LGBTI people in Thailand. The data collection focused on the labor, insurance, housing, and finance markets, and access to education and health services. To be able to look beyond numbers, the researchers also used a qualitative lens and conducted detailed interviews. The following dimensions were studied: Challenges and opportunities for LGBTI people; Types and consequences of discrimination against LGBTI people; Perceptions of discrimination, and knowledge of laws; and Attitudes and behaviors of LGBTI people and non-LGBTI people. 1 A Bangkok-based social change agency. 2 A large part of this work was financed by the Nordic Trust Fund, which is a knowledge and learning platform for World Bank staff that promotes a human rights-based approach to development. For more information, visit http://www.worldbank.org/en/programs/nordic-trust-fund. 12 Economic Inclusion of LGBTI Groups in Thailand 02 How Was the Research Done? The study is based on a quantitative approach, supported by qualitative data. 1 A survey was placed online 2 to reach as many LGBTI respondents as possible through nonprobability sampling. The LGBTI respondents were identified and recruited into the sample through an innovative use of social media platforms, including B-Change, a social enterprise with connections to various groups in the LGBTI community, and “Hornet,” an app geared toward gay, bisexual, and same-sex loving men.3 Why an online survey? In situations of stigma and social exclusion, online methods foster access to populations considered hard-to-reach and are safer for participants as well as researchers to use. An online survey also decreases the chances of respondents answering in a manner that would seem to be socially desirable to the data collectors. The qualitative component explored the extent of discrimination experienced by LGBTI individuals in Thailand when they access markets and services. A desk review4 of the available literature was followed by semi-structured “life-story” interviews with 19 LGBTI participants—gay men, lesbians, transgender men and women, bisexual men and women, and intersex people— from different socioeconomic, educational, and professional and geographic backgrounds. 5 These interviews focused on experiences ranging from childhood to adulthood when accessing markets and services, such as financial, education, and health care services and the housing and labor markets. 1 T  he research methodology for the study was informed by a series of consultations conducted in Thailand from February to November 2016 with about 50 relevant stakeholders, multilateral and international organizations, LGBTI nongovernmental organizations, experts, academics, and LGBTI people. 2 The LGBTI survey was launched on November 28, 2016 at the International Lesbian, Gay, Bisexual, Trans, and  Intersex Association (ILGA) Conference in Bangkok and closed on February 10, 2017. The non-LGBTI survey was launched on December 3, 2016 and remained open until December 15. Both surveys were tested and disseminated in the Thai language. 3 An active member of the Thai LGBTI community helped disseminate the online survey links to Thai LGBTI  individuals. A Facebook page dedicated to the survey was established, and connection with fan pages, site administrators of private Facebook groups, and influencers in the LGBTI community in Thailand was initiated. A series of clips, photos, and GIF images was created to better market the survey. When using Hornet, the survey was sent to all users in the form of an email blast to their inboxes. The email could only be deleted after it was opened. Since 99 percent of Hornet users are gay men, this option was used to reach the quota set for that group. The blast was sent out on 3 February, and by 5 February, there were 1,309 completes. 4 The literature review included a desk review of published, peer-reviewed materials and a review of gray literature (e.g., publicly available reports and policy statements) in the Thai language as well as in English. However, the desk review of available literature did not include a systematic search of the numerous unpublished, Thai- language graduate theses that discuss LGBTI topics but are mostly available as hard copies only, scattered across Thailand’s numerous university libraries. 5 Geographic regions are Central, Greater Bangkok, North, Northeast, and South. Economic Inclusion of LGBTI Groups in Thailand 13 3,502 Thais took the online surveys: 1,200 non-LGBTI 18-39 Respondents were YEARS OLD predominantly young 2,302 82% LGBTI LGBTI 52% NON-LGBTI Bangkok LIVE IN BANGKOK The online survey captured 3,502 responses of people living in Thailand: 1,200 non-LGBTI people and 2,302 LGBTI people who identified themselves within a range of sexual orientation and gender identities, which were regrouped as gay male, lesbian, transgender, intersex, and other. All participants were sampled based on age (i.e., 18 to 24 years, 25 to 34 years, 35 to 44 years, over 45 years); geography (five regions: Central, Greater Bangkok, North, Northeast, and South); and gender (male, female), with a minimum quota of 30 for each. The bulk of respondents were young, urban men, a bias that is common in online surveys. The average age for the LGBTI sample was 30, representing mostly two age groups: 18 to 24 and 25 to 29. Younger respondents residing in Greater Bangkok were initially overrepresented in the sample. The survey was calibrated to more closely represent the population distribution of Thailand. See appendixes A and B for more details. 14 Economic Inclusion of LGBTI Groups in Thailand Limitations of the Study One of the major limitations of the research was the lack of pre-existing accurate estimates of Thai lesbian, gay, and transgender populations. Estimates of LGBTI subgroups have ranged from as low as 1 percent (Sittitrai et al. 1992) to as high as 30 percent (Jackson 1999a) of the general population—depending on the operational definition, group sampled, and method of data collection. More research is required to identify more reliable estimates of the Thai LGBTI population in general, with a particular need for research focused on the intersex population. Although online data collection fosters greater access to hard-to-reach populations, as a technology, the internet and smartphones remain unavailable, inaccessible, and unaffordable to much of the world’s population (World Bank Group 2016a). A digital divide exists along income, age, location, and gender axes. Namely, in some regions, the internet is more accessible to wealthier, urban, and younger men. Concurrently, national and regional online research on LGBTI issues tends to follow this pattern. Survey responses were therefore biased toward socioeconomically secure gay and bisexual men, and particularly those living in urban settings. Finally, while utmost effort was undertaken by the research team to ensure the study captures the diversity and intersectionality of the Thai population, the quantitative surveys captured predominantly young and urban respondents. While the in-depth interviews documented difficult- to-reach stories of diverse LGBTI people, it was not possible to locate participants of groups of interest, such as LGBTI people in the informal sector or a greater number of intersex and bisexual participants. Note: In a 1990 survey (Sittitrai et al. 1992), only 0.2 percent of men and 0.9 percent of women report their sexual behaviors had been exclusively with the same sex, whereas 3.3 percent of men and 1.2 percent of women report some sexual experiences with a member of their own sex. The rounded estimate that 3 percent of Thai men have sex with men has been used in projecting the development of the HIV epidemic (A2 and the Thai Working Group on HIV/AIDS Projections 2008). In a 2006 survey (Chamratrithirong et al. 2007, 60) sampling data from 6,048 respondents, 99 percent of men and 98 percent of women considered themselves heterosexual. The highest estimates for any self-reported same-sex experience were reported among Thai Royal Army recruits. In 1996, these estimates ranged from 9 percent to 31 percent, depending on the province. However, many of these men did not identify as gay or bisexual, but simply reported at least one same-sex sexual experience (Jackson 1999a). Economic Inclusion of LGBTI Groups in Thailand 15 Thailand: 03 Societal and Legal Context Thailand is well placed to become one of the global leaders regarding tolerance toward sexual and gender minorities. Yet, getting from tolerance all the way to full economic and social inclusion will demand additional policy action with the emphasis on implementing the country’s legal framework and raising awareness (Badgett et al. 2014; UNDP and USAID 2014; UNESCO 2015, 2016). As this report shows, a vast policy agenda lies ahead for promoting inclusion and nondiscrimination in access to specific services and markets. Societal Context Given its established networks of national and international nongovernmental organizations (NGOs) and intergovernmental bodies working on LGBTI issues, and the presence of a significant commercial sector catering particularly to gay men, Thailand’s society is reputed to be accepting and tolerant (Jackson 1999b). Yet, the increasing visibility of LGBTI people in the media and on the streets coexists alongside the taboos of sexual activity and gender expression framed in public discussion. Discrimination is found across multiple socioeconomic spheres with greater vulnerability experienced by people who live at the intersections of categories related to social disadvantage, such as class, ability, and citizenship status (Ojanen 2009; Burford and Kindon 2015; Mahidol University, Plan International Thailand, and UNESCO 2014; Suriyasarn 2014; UNDP and USAID 2014). Patriarchal values remain entrenched in many areas of Thai social life, with women accorded a subordinate social position (UN 2017; Ministry of Public Health 2009; WHO 2005). This adds to the stigma experienced by lesbian, bisexual, and transgender women (Ojanen 2009). Evidence also shows that people who deviate from normative gender expectations (e.g., feminine men, masculine women) frequently experience social consequences such as homophobic and transphobic exclusion, and in some cases, outright physical violence (Suriyasarn 2014; Mahidol University, Plan International Thailand, and UNESCO 2014). Each LGBTI subgroup seems to have a different status, with those who are most visible at expressing non-normative SOGI—namely transgender people and others who do not embody prevailing gender norms—facing the most discrimination (Ojanen 2009). 16 Economic Inclusion of LGBTI Groups in Thailand Thailand: Societal and Legal Context Table 3.1 summarizes types of SOGI discrimination based on a review of the literature in relevant sectors: education, employment (particularly the formal sector), health care and insurance, government services, and financial services. Table 3.1. Sector-Specific Issues Affecting LGBTI individuals in Thailand as Identified Through Literature Review Sector or Area Type of Exclusion or Discrimination Education Discrimination in student selection and discouragement from • studying certain fields (particularly transgender students) Physical, sexual and verbal violence, bullying and harassment • of lesbian, gay, bisexual, transgender, and intersex (LGBTI) students Biased and stigmatizing coverage of LGBTI topics in education • Inflexible regulations regarding access to toilets and mandatory • gendered uniforms and hairstyles Lack of antibullying policies and insufficient school level • protections of LGBTI students Lack of awareness among school staff about the problem • Employment • Rejections, a hostile work environment, limited freedom of gender expression at work, and limited career advancement opportunities • Exclusion based on the visible differences in gender presentation, particularly transgender men, toms, and transgender women • Discrimination most common in the formal sector, especially the civil service • Sexual harassment at the workplace Stigma against LGBTI individuals living with the human • immunodeficiency virus (HIV); compulsory HIV testing during the application phase or an involuntary HIV test during employment Health Care and • Exclusion of gender-affirming surgeries in the Social Security Insurance Scheme Restriction in access to hormone replacement therapy and other • kinds of treatment under public health insurance • Limited access to private health and life insurance and to private health insurance companies because of high premiums and strict policies Labeling and stereotyping of transgender women and gay men • as “high-risk” for contracting HIV Overcharging LGBTI individuals a higher premium in private life • and health insurance • Most insurance companies do not issue life insurance policies with a same-sex partner as beneficiary • Placement of transgender patients in a ward that matches their sex at birth rather than gender presentation Gender-affirming services not covered by private or public • insurance Economic Inclusion of LGBTI Groups in Thailand 17 Thailand: Societal and Legal Context Sector or Area Type of Exclusion or Discrimination Requirement of additional proof of identity matching sex at birth • for transgender people seeking health care services Limited specialized services for men who have sex with men • (i.e., MSMs), transgender women, and men only, and no specific services for lesbians or bisexual women Insufficient geographic coverage, problems with confidentiality, • privacy, and staff attitudes Government • The inability to change one’s legal sex Services •Requirement for transgender persons to prove their identity in ways not required from cisgender persons (e.g., bringing in a relative or village elder to a government office to prove the transgender individual’s identity) •Entry to a foreign country denied because the sex recorded in a passport does not match the person’s appearance Financial Services • Inability to obtain joint bank loans by same-sex couples •Challenges in receiving payment from the Provident Fund Act, 2530 B.E. (1987) by same-sex partners or unofficially adopted children Sources: Education—Ojanen (2009); UNDP and USAID (2014); Mahidol University, Plan International Thailand, and UNESCO (2014); Suriyasarn (2014), Wongwareethip (2016). Employment—Suriyasarn (2014), Ojanen (2009). Healthcare and insurance —Sakunphanit (2008), Ojanen (2010), Suriyasarn (2014). Government services — Preechasilpakul (2013). Financial services—Boonprasert (2011) and Suriyasarn (2014). Note: The literature review was conducted by the Faculty of Learning Sciences and Education at Thammasat University, Bangkok. Data on discrimination in financial services are limited and largely based on anecdotal cases. Legal Context For decades, Thailand has not criminalized relations between individuals of the same sex,8 although the legal protection or accommodation of the needs of LGBTI individuals at the same time was limited (Preechasilpakul 2013; Ojanen 2009). More recently, antidiscrimination clauses based on sex in the Constitution of the Kingdom of Thailand were re-interpreted as covering LGBTI characteristics, and several laws and regulations were passed to provide additional protection against discrimination (see box on antidiscrimination clauses in the constitution). The Royal Thai Government had made efforts toward creating a more inclusive society, with the Rights and Liberties Protection Department focusing on equal access, regardless of their gender, sexual orientation, and sexual expression.Patriarchal values remain entrenched in many areas of Thai social life, with women accorded a subordinate social position (UN 2017; Ministry of Public Health 2009; WHO In contrast to prevailing Western understandings, where sex, gender, sexual orientation, gender identity, and 8  gender expression form separate and independent dimensions, Thai phet (gender) tend to be understood as fixed, mutually exclusive combinations of these characteristics. For example, a male person identifying as gay may be understood to be a different phet than a heterosexual man by virtue of being attracted to men. However, this understanding only applies to everyday discourse, and in Thailand only men and women are legally recognized as distinct phet (Preechasilpakul 2013). 18 Economic Inclusion of LGBTI Groups in Thailand Antidiscrimination Clauses in the Constitution of the Kingdom of Thailand In the 2006 constitution, Article 30 outlines a general antidiscrimination clause that states that origin, race, language, sex, age, physical or health condition, personal status, economic or social standing, religious belief, education, or political views may not be grounds for unequal treatment. Although sexual orientation and gender identity were not explicitly mentioned, phet (gender) was. A document outlining the intentions of the constitution explained that discrimination based on “sexual identity or gender or sexual diversity” were covered by the ban on discriminating on the basis of phet. However, following the 2014 military coup, the 2006 constitution was abrogated, and the existing constitutional protection afforded to LGBTI individuals was eliminated. The 2017 Constitution of the Kingdom of Thailand B.E. 2560 prohibits discrimination based on sex by using almost the same wording as Article 30 of the 2006 constitution, without specific reference to gender identity or sexual orientation. Result 1 Only 7% of LGBTI and only 1% of non-LGBTI participants in the survey say they are aware of existing laws in Thailand that prohibit anti-LGBTI discrimination. More than half (51%) of LGBTI respondents and more than two-thirds (69%) of non-LGBTI respondents reported they are not aware of any such laws. The adoption of the Gender Equality Act of 2015 was a landmark achievement for Thailand in both gender equality and recognition that addressing SOGI is important for the overall development of the country. The law makes it illegal to discriminate against a person “due to the fact that the person is male or female or of a different appearance from his/her own sex by birth” (Article 3), though it is unclear whether its protection extends to sexual orientation. Along with this law, the Gender Equality Promotion Fund was established by the government at the Department of Women’s Affairs and Family Development, along with committees to promote public awareness and to eliminate all forms of discrimination. Economic Inclusion of LGBTI Groups in Thailand 19 Thailand: Societal and Legal Context As of now, the Thai law does not provide legal recognition or a prohibition of same-sex partnerships and unions (Sanders 2011). There is also no recognition of hate crimes under the law, and no constitutional law addressing antidiscrimination based on sexual orientation or gender identity (OutRight Action International 2012). Two sexes—male and female—are recognized (Preechasilpakul 2013). Transgender men and women are unable to enter a heterosexual marriage under existing marriage legislation or to have related rights and benefits. Transgender people, including those who have undergone gender-affirming surgery, also cannot legally change their personal title or legal sex on state documents (Chokrungvaranont et al. 2014). Intersex individuals may change their legal sex after gender affirming surgery, provided they have documentation from a health care provider certifying their original legal sex had been incorrectly assigned (iLaw 2012). The results of this study indicate there is very little awareness of—and familiarity with— national antidiscrimination laws and policies, both among the LGBTI and non-LGBTI samples. As shown in figure 3.1, only 1 percent of non-LGBTI respondents and only 7 percent of LGBTI respondents were aware of any national antidiscrimination laws or policies in Thailand and able to name them. Meanwhile, 69 percent of non-LGBTI and about half of LGBTI respondents (51 percent) were not aware at all. Smaller percentages of respondents heard of such laws or policies but did not know or could not remember their name (non-LGBTI, 30 percent; LGBTI, 42 percent). Figure 3.1 Most Respondents Are Not Aware of Laws Prohibiting Discrimination and Exclusion (in percent) I am not aware of 69.0 any such laws 51.0 I have heard of such laws or policies, 30.0 but I do not know/ 42.0 remember the name 1.0 Yes 7.0 0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 % Respondents Non-LGBTI LGBTI (n=1,200) (n2,302) Source: World Bank analysis of survey data. 20 Economic Inclusion of LGBTI Groups in Thailand Challenges in Accessing 04 the Labor Market Highlights  ob discrimination of lesbian, gay, and transgender respondents takes many forms, most J commonly application rejection and harassment at work. Transgender respondents fare the worst. LGBTI respondents highlighted the police force and law enforcement, the military, and religious institutions as particularly inaccessible for them. More than half of all surveyed LGBTI respondents report emotional problems because of  discrimination or exclusion in the labor markets, including depression, anxiety, and frustration. More than one-third of non-LGBTI respondents believe it is acceptable for employers to  discriminate against LGBTI individuals under certain circumstances. At the basic level, work can serve to guarantee financial security, and to a greater extent, it can also provide a sense of purpose and fulfillment. Discrimination in the labor market or in the process of gaining employment can have debilitating effects not only on an individual’s income, but also on psychological and emotional well-being. Additionally, a denial of employment to talented and productive individuals based on biases is an economically inefficient outcome. EMPLOYMENT Applying for jobs, accessing jobs, leadership roles While the results of this study—given the lack of census data on LGBTI population in Thailand— are not nationally representative, they serve as a basis for comparing perceptions and attitudes and an opportunity to identify openings for more successful inclusion in the labor market. This chapter quantifies the degree of self-reported discrimination, documents the experience of discrimination across sectors, and explores attitudes of the non-LGBTI population toward LGBTI people. Finally, it describes the psychological impacts of labor market discrimination. Economic Inclusion of LGBTI Groups in Thailand 21 Challenges in Accessing the Labor Market Incidence of Discrimination Being LGBTI increases the likelihood of being discriminated against in the labor market. This finding is statistically significant at 1 percent after accounting for education, income location, type of work, type of employer, and sex.1 These factors are accounted for in a multivariate regression analysis framework, described in appendix C. Result 2 LGBTI survey respondents report the most severe discrimination in the labor market, followed by the housing market–renting or buying property. Variation is found in the incidence of discrimination in the labor market within the LGBTI population. Given the lack of administrative or census data on the LGBTI “ population in Thailand, it is difficult to determine whether differences in the number of respondents are due to the respective size of I applied, but they told me, the populations of each group or if the method ‘This position is for women of data collection led to systematic biases only, you’re not a woman.’ So in participation within the LGBTI community. they couldn’t hire me. ‘You’re With these caveats in mind, the data indicate not a woman; you have a a larger percentage of transgender individuals male personal title.’ face discrimination in the labor market in — contrast to gay men or lesbians. About 60 Intersex individual, 27, percent of transgender respondents report “ Greater Bangkok facing discrimination in the labor market, which is twice as high as lesbian respondents (29 percent) and more than three times as high as gay respondents (18.9 percent). Given the global evidence of gender discrimination, much of the labor market’s “discrimination gap” could be 1  explained by the proportion of females in the LGBTI and non-LGBTI groups. 22 Economic Inclusion of LGBTI Groups in Thailand Challenges in Accessing the Labor Market The finding that transgender individuals are more likely to face labor discrimination is also reflected in other studies. In the 2012 European Union Agency for Fundamental Rights (FRA) report that involved 93,079 LGBTI individuals across the European Union and Croatia, the percentage of respondents who consider discrimination against transgender individuals is “very widespread” or “fairly widespread” is 83 percent (FRA 2013). The corresponding percentage for gay men and lesbians is 72 percent and 52 percent, respectively. However, unlike the 2012 study, this World Bank study finds discrimination to be more widespread for lesbian respondents than for gay men. Aksoy, Carpenter, and Frank (2016), analyzing individual-based labor force participation data, record a penalty for lesbians in the labor market but not for gay men. Greater discrimination in the labor market reported by transgender individuals may be due to their difficulty with or unwillingness to hide their identity. In each of the subgroups, the percentage of respondents indicating they hid their identity when applying for jobs is an inversion of the discrimination incidence rates. On average, 36.8 percent of LGBTI individuals indicate they hid being LGBTI when applying for a job. The highest was among gay respondents (41.2 percent), followed by lesbian respondents (24.6 percent) and transgender (23.3 percent) as shown in figure 4.1. Figure 4.1. LGBTI Respondents Who Hid Their Identity When Applying for a Job, by Subgroup (in percent) LGBTI (n=2,302)  36.8 Gay male (n=1,515) 41.2 Transgender (n=253) 23.3 Lesbian (n=301) 24.6 0.0 10.0 15.5 20.0 25.5 30.0 35.5 40.0 45.5 % Respondents LGBTI Lesbian Gay male Transgender (n=2,302) (n=22) (n=65) (n=64) Source: World Bank analysis of survey data. A Closer Look at Individual Sectors There is consistency in the top three picks of the most inaccessible sectors for LGBTI respondents. Both non-LGBTI and LGBTI respondents picked police and law enforcement, the military, and religious institutions as the most inaccessible sectors for LGBTI, although the order of importance among these three categories differs. Non-LGBTI respondents pick the military, religious institutions, and police and law enforcement in decreasing order of importance in contrast to LGBTI respondents who pick police and law enforcement and the military followed by religious institutions (figure 4.2). LGBTI respondents picked agriculture, retail, and beauty and wellness as the more accessible sectors of the 16. Sector inaccessibility varies among transgender, gay men, and lesbian responses. In all the most restrictive sectors, transgender individuals report much higher rates of inaccessibility, followed by gay men and lesbians. Furthermore, while the top three most inaccessible sectors are the same for gay men and lesbians, a larger proportion of transgender individuals pick the civil service and government sector over religious institutions. Economic Inclusion of LGBTI Groups in Thailand 23 Challenges in Accessing the Labor Market Figure 4.2. Sectors Where Openly Lesbian, Gay Men, and Transgender Persons Perceive It Hard or Impossible to Have a Job (in percent) 39.2 Police/law enforcement 51.0 72.7 38.2 Military 50.2 71.5 42.9  Religious institutions 45.3 50.2 35.9  Civil service/government 25.2 62.5 Primary/secondary 16.3 13.7 education 32.8 13.0  Higher education 11.6 28.1 9.3 Medical and health  10.6 26.1 B  anking, insurance and 12.3 6.7 financial institutions 28.9 14.3 Other private company  7.7 20.2 5.3 Sports 8.6 13.4 8.6 Manufacturing 4.2 12.3 5.0 Entertainment 6.7 6.7 8.6 Hospitality/travel 4.2 12.3 5.0 Beauty and wellness  4.1 3.2 3.7 Retail 3.9 2.8 0.7 Agriculture 3.5 2.4 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 % Respondents Lesbian Gay male Transgender (n=301) (n=1,515) (n=253) Source: World Bank analysis of survey data. 24 Economic Inclusion of LGBTI Groups in Thailand Challenges in Accessing the Labor Market More than one-third of non-LGBTI respondents believe it is acceptable for employers to discriminate against LGBTI individuals under certain circumstances (figure 4.3). The top three acceptable employer discriminations include requiring employees to use a toilet matching their sex at birth (13.3 percent of respondents); require employees to dress, speak, and behave accordingly to their birth sex (10.8 percent); and deny work-related benefits for same-sex partners of employees (7.7 percent). The negative attitudes are rounded off with outright rejection of job applicants because they are LGBTI, and harassment or subjecting individuals to ridicule because they are LGBTI. This evidence indicates a need to promote a change in attitudes and social norms consistent with Thailand’s legal framework and national aspirations. Figure 4.3. Non-LGBTI Beliefs of What Is Reasonable for Employers to Do in the Workplace (in percent)  equire employees to use a toilet R 13.3 matching their sex at birth  equire employees to dress, speak R 10.8 and behave according to their birth sex  eny work-related benefits for same- D 7.7 sex partners of employees  eject job applicants because they R 5.8 are LGBTI H  arass or ridicule employees 5.7 because they are LGBTI  xpect higher performance from E 4.8 LGBTI employees  eny individuals some work-related D 4.5 benefits because they are LGBTI  ay a lower wage to individuals P 4.2 because they are LGBTI N  ot promote employees because 4.0 they are LGBTI  xclude employees from meetings E 3.8 with clients because they are LGBTI N  ot provide access to training to 3.7 employees because they are LGBTI 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 % Respondents Non-LGBTI (n=1,200) Source: World Bank analysis of survey data. Economic Inclusion of LGBTI Groups in Thailand 25 Challenges in Accessing the Labor Market Result 5 More than one-third of non-LGBTI survey respondents find it acceptable for employers to discriminate against LGBTI individuals. Manifestations of Discrimination in the Labor Market Application rejections, harassment, and pressure to hide SOGI were the common forms of work discrimination faced by the respondents. Of the LGBTI participants who experienced discrimination at work or when applying for a job, 58.6 percent indicated that being LGBTI resulted in their job application being refused. Around 40 percent were harassed or ridiculed at their workplace for being LGBTI, while 24.5 percent were told not to show or mention they were LGBTI (see figure 4.4). Furthermore, 20.9 percent indicate being overlooked for a promotion, and 19.1 percent were denied certain work benefits for being LGBTI. Only 5.9 percent of respondents indicated the discrimination they faced was unrelated to being LGBTI, while 10.6 percent were not sure. “ They asked me if I could wear a skirt and [feminine] cut shoes on the day of the interview. In my heart I thought, ‘come on, I’m already calling myself a man,’ so I didn’t take their good salary. — Transgender man, 32, “ Greater Bangkok 26 Economic Inclusion of LGBTI Groups in Thailand Challenges in Accessing the Labor Market Figure 4.4. Discrimination Experienced by LGBTI Respondents at Work or When Applying for a Job (in percent)  Yes, my application was 58.6 refused because I am LGBTI  es, I was harassed or Y 39.9 ridiculed at the workplace Yes, I was told not to show/  24.5 mention me being LGBTI Y  es I wasn’t promoted 20.9 because I am LGBTI Yes, I was denied certain work  19.1 related benefits because I am LGBTI Yes, I was not offered training  12.6 or professional development opportunities as others  Yes, I was told not to work 11.2 with clients Yes, I was told to use the  10.8 toilet according to my sex at birth Not sure/I don’t know  10.6 No, they were not related  5.9 to being LGBTI Yes, other kind of exclusion 3.2 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 % Respondents LGBTI (n=2,302) Source: World Bank analysis of survey data. There is heterogeneity in the forms of discrimination faced by subgroups. The top three forms of discrimination are consistent across the three subgroups with job application rejection being first, followed by workplace harassment and pressure to hide identity (figure 4.5). Variation is also seen in application rejection. For instance, 77 percent of transgender respondents were rejected in contrast to 49.3 percent for gay men and 62.5 percent for lesbians. Little variation in workplace harassment is found with the corresponding percentages for transgender, gay men, and lesbian subgroups being 40.8, 41.3, and 38.6 percent, respectively. Transgender respondents report higher rates than gay men and lesbians in 7 of 9 specific forms of discrimination. One notable area is discrimination in using the toilet where 23.7 percent of transgender respondents faced discrimination in contrast to 4.5 percent of gay men and 10.2 percent of lesbians. Economic Inclusion of LGBTI Groups in Thailand 27 Challenges in Accessing the Labor Market Figure 4.5. Forms of Discrimination at Work or When Applying for a Job, by Subgroup (in percent) Yes, my application was 62.5 49.3 refused because I am LGBTI 77 Y  es, I was harassed or 38.6 41.3 ridiculed at the workplace 40.8 Y  es, I was told not to show/ 23.9 23.1 mention me being LGBTI 26.3 Y  es, I wasn’t promoted 13.6 22.7 because I am LGBTI 23  es, I was denied certain work Y 19.3 related benefits because I am 16.1 26.3 LGBTI Yes, I was not offered training  11.4 or professional development 11.2 17.1 opportunities as others 8 Y  es, I was told not to work 10.1 with clients 17.1  es, I was told to use the Y 10.2 toilet according to my sex 4.5 at birth 23.7 12.5  Not sure/I don’t know 12.3 4.6 4.5 N  o, they were not related to 8 being LGBTI 2 6.8 Yes, other kind of exclusion 0.3 5.3 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 90.0 % Respondents Lesbian Gay male Transgender (n=88) (n=286) (n=152) Source: World Bank analysis of survey data. 28 Economic Inclusion of LGBTI Groups in Thailand Challenges in Accessing the Labor Market Consequences of Discrimination Discrimination can have various consequences ranging from denial of work to psychological concerns such as depression. The majority of LGBTI respondents who faced discrimination report having emotional problems as a result (figure 4.6). Discrimination also led to jobs being denied to LGBTI respondents (45.1 percent) and undermined the ability of respondents to show their capabilities at work (42.3 percent). Only 5.8 percent of respondents indicate no consequences. Figure 4.6. Consequences of Discrimination at Work or When Applying for a Job, by Subgroup (in percent) I have emotional problems (e.g., 53.4 44.8 depression, anxiety, frustration) 67.8 47.7 I didn’t get the job I applied for  38.5 57.2 36.4 I  couldn’t show my real abilities 38.5 at work 53.3 I  was forced to dress, speak, or 42.0 15.7 behave according to my birth sex 44.7  don’t have the same benefits as I 20.5 21.0 others who are not LGBTI 38.8 My partner couldn’t access  30.7 my work related benefits (e.g., 10.8 medical, insurance, provident fund) 31.6 10.2 I have lower income  19.6 22.4 I  have to work harder than others 17.0 16.4 who are not LGBTI 19.7  was forced to use the toilet that I 6.8 4.5 matches my birth sex 18.4 I experience conflicts in personal  19.3 life (e.g., with partner, family, 10.8 17.8 friends) 6.8 I have physical health problems  12.2 13.8 14.8 I am isolated from my colleagues 18.5 12.5 2.3  I wasn’t paid at all 4.9 6.6 10.2 It had no consequences 5.9 3.3 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 % Respondents Lesbian Gay male Transgender (n=84) (n=284) (n=149) Source: World Bank analysis of survey data. Economic Inclusion of LGBTI Groups in Thailand 29 Challenges in Accessing the Labor Market The consequences of discrimination differ among subgroups. The top two consequences across subgroups are having emotional problems and not getting a job (see figure 4.6). Transgender individuals more frequently cited both consequences in contrast to either gay men or lesbian respondents. Over two-thirds of transgender respondents faced emotional problems because of discrimination, followed by 53.4 percent of lesbians and 44.8 percent of gay men. The third highest consequence for transgender and gay men was being unable to show their full abilities at work. Lesbian respondents cited pressure to behave according to the norms of their sex at birth. Discrimination in the labor market poses challenges to the full economic inclusion of LGBTI respondents. They mention specific economic impacts, such as reduced earnings and having to work harder, in addition to psychological and emotional distress. This finding is consistent with the gender discrimination literature and suggests that government policies and programs to promote more equal opportunity would be important. Partnerships with the private sector and company resource groups are also promising approaches.2 OUTBKK is a non-profit LGBTI community founded in order to address and serve the many multi-faceted 2  needs of the LGBTIQ+ community within Bangkok, as well as the LGBTI+ community in Thailand as a whole (https://www.outbkk.org). Workplace Pride is a not for profit foundation dedicated to improving the lives of lesbians, gay men, and bisexual, transgender, and intersex people in workplaces all over the world (http://workplacepride.org). 30 Economic Inclusion of LGBTI Groups in Thailand Access to Services 05 and Markets Highlights L  GBTI respondents face major challenges in accessing government services, such as obtaining identity cards, passports, and other personal documentation: 41 percent of gay men, 36 percent of lesbians, and 47 percent of transgender individuals report they were unable to obtain the public services they sought. Transgender individuals report more discrimination and exclusion than gay men and lesbian  respondents across several dimensions, particularly in education and vocational training and access to health and insurance services. Lesbians have worse outcomes than gay men, most notably in acquiring property and  financial assets. Significant numbers of LGBTI respondents report having faced discrimination in the housing market and in obtaining finance. Those who report discrimination in access to life or health insurance, and to education,  also experienced lower incomes. 46% 38% LGBTI experience more Discrimination is worse for  esbians say they face L discrimination than the transgender community the most discrimination non-LGBTI respondents when buying property (46% LGBTI, 38% non-LGBTI) and in the labor market Chapter 5 presents findings from the online survey regarding access to health care services, insurance, educational institutions, vocational training, finance, housing, and government services. According to the flagship World Bank report Inclusion Matters: The Foundation for Shared Prosperity, a sustainable path toward ending poverty and promoting shared prosperity involves creating an inclusive society, not only in relation to economic welfare but also regarding the voice and empowerment of all groups (World Bank 2013). Using services is crucial for minorities to partake fully in society, validate their dignity, and support their full potential. Unobstructed use of services, such as health and education, can be vital to the well- being of the most vulnerable people. International studies show that sexual minority students who experienced high levels of in-school victimization based on their sexual orientation or gender expression also had poorer health and educational outcomes (Kosciw 2012). Economic Inclusion of LGBTI Groups in Thailand 31 Access to Services and Markets GOVERNMENT SERVICES Accessing documentation and civic services Access to Goverment Services Within the confines of the data, this section examines challenges that LGBTI people experience when accessing government services (obtaining identity cards, passports, and other personal documentation), the health sector (buying and using insurance and accessing health services and treatments), educational institutions or vocational training opportunities (applying for courses or programs, studying at educational institutions, or getting vocational training), finance (using and accessing banking services and products), and housing (renting or buying individually as well as with a partner).1 More than half of the LGBTI survey respondents report being treated disrespectfully when accessing government services (54.4 percent), and 44.4 percent note they were asked irrelevant questions. More than 30 percent of LGBTI respondents were asked to dress, speak, and behave according to their birth sex or to prove their identity in a difficult way; were harassed or ridiculed; or faced additional requirements to be able to access the services they needed (figure 5.1). Being treated disrespectfully was understood, in the context of the survey, as being “looked down upon” or subjected to additional requirements or rude treatment. “ We have been very careful in public. We just behave well. We don’t create any discomfort for others. We don’t do things that might make people feel repelled by us. — Lesbian, 57, “ Greater Bangkok 1  n addition to discrimination and exclusion in these areas, many participants reported they faced discrimination I and violence within their own families and romantic relationships as well as in religious institutions, hospitals, and public spaces. 32 Economic Inclusion of LGBTI Groups in Thailand Access to Services and Markets Figure 5.1. Incidence of Discrimination When Accessing Government Services (in percent) Yes, I was treated 54.4 disrespectfully Yes, I was asked irrelevant 44.4 questions Yes, I was asked to prove my identity in a difficult way 35.6 because I am LGBTI Yes, I was asked to dress, speak or behave according 34.4 to my birth sex Yes, I was harassed or 32.8 ridiculed Yes, there were additional requirements that I had to fulfil in order to be able to receive 30.6 the services I needed Yes, I was told that my partnership was not 23.3 recognized Yes, I was told to use the 15.6 toilet that matches my birth sex No, they were not related to 12.2 being LGBTI Not sure/I don’t know 7.8 Yes, I was told to leave 6.1 Other type of exclusion or 2.8 discrimination 0.0 10.0 20.0 30.0 40.0 50.0 60.0 % Respondents LGBTI (n=2,302) Source: World Bank analysis of survey data. Economic Inclusion of LGBTI Groups in Thailand 33 Access to Services and Markets Transgender people, in particular, face barriers in accessing public services. For example, transgender people can’t change their sex legally, which causes difficulty in proving their identity when needing to use a service they are theoretically entitled to. Another common problem is being denied entry to a foreign country because the sex recorded on their passports does not match their appearance, yet they can’t have their passports reissued (Preechasilpakul 2013). Half of LGBTI respondents report being treated disrespectfully when accessing government services, and more than 30 percent say they were harassed or ridiculed and faced additional requirements to obtain the services they needed. More specifically, 40.6 percent of gay men, 36.4 percent of lesbians, and 46.9 percent of transgender people participating in the survey report they were unable to obtain the services they sought from the government (see figure 5.2). Many LGBTI respondents suffered financial, emotional, personal, or legal difficulties because of discrimination faced in seeking government services. 46.9% of transgender 40.6% of gay men Result 3 40.6% of gay men, 36.4% of lesbians, and 46.9% of transgender people participating in the survey report they were not able to get the services they sought from the government. 36.4% of lesbians 34 Economic Inclusion of LGBTI Groups in Thailand Access to Services and Markets Figure 5.2. Consequences of Discrimination When Accessing Government Services, by Subgroup (in percent) 72.7 I have emotional problems 60.9 82.8 I have to prove my identity in 22.7 15.6 a difficult or unpleasant way 57.8 I had to fulfil additional requirements in order 36.4 26.6 to receive the service I 53.1 needed I had to dress, speak or 31.8 behave according to my 25.0 46.9 birth sex 36.4 I was not able to get certain 40.6 services 46.9 31.8 Legal problems 12.5 37.5 31.8 Financial consequences 17.2 25.0 13.6 I have physical health 17.2 problems 23.4 22.7 I had to use the toilet that 10.9 matches my birth sex 21.9 27.3 I experience conflicts in 18.8 20.3 my personal life 13.6 It had no consequences 14.1 1.6 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 90.0 % Respondents Lesbian Gay male Transgender (n=22) (n=65) (n=64) Source: World Bank analysis of survey data. Economic Inclusion of LGBTI Groups in Thailand 35 Access to Services and Markets Close to half of non-LGBTI respondents believe it is acceptable for government services to discriminate against LGBTI people in some form. Nearly 5 percent say it is acceptable to deny services to individuals if they are LGBTI (figure 5.3). However, another 52 percent did not believe discrimination against LGBTI people was justified when accessing government services. Figure 5.3. Acceptable Discrimination in Government Services Against LGBTI (in percent)  sk individual for extra proof A of identity if their appearance 16.8 does not match the sex stated in their ID card  Require service users to use a 14.5 toilet matching their sex at birth  Force those who wish to receive services to dress, 12.3 speak, or behave according to their birth sex  Not consider a same-sex 11.2 partner as a legitimate spouse Set additional conditions  7.8 for LGBTI individuals’ use of government services Restrict use of certain  services for individuals 7.6 because they are LGBTI Harass or ridicule service  6.9 users because they are LGBTI Not provide services to  individuals because they 4.8 are LGBTI 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 % Respondents Non-LGBTI (n=1,200) Source: World Bank analysis of survey data. Respondents also consider discrimination acceptable against LGBTI people who apply for a course or training program (45.3 percent) and those buying property (43.9 percent). About 1 in 3 non-LGBTI respondents also agree it is reasonable to discriminate based on sexual orientation and gender identity when LGBTI people seek private insurance coverage (33.8 percent) or financial services (32.7 percent). 36 Economic Inclusion of LGBTI Groups in Thailand Access to Services and Markets HEALTH INSURANCE Accessing health services and treatments Access to Health Services and Insurance The results indicate that LGBTI respondents who face discrimination in obtaining education and training, as well as in accessing life or health insurance, have lower incomes than LGBTI respondents who do not experience discrimination. Our analysis shows that being LGBTI does not seem to influence negatively the level of income per se, after controlling for other characteristics.2 Yet, LGBTI survey respondents who experience discrimination have lower probability of being in a high-income bracket. Discrimination in obtaining life or health insurance is found to coincide with a 4.6 percent decrease in the probability of attaining 60,000 Thai baht or more in annual income.3 LGBTI individuals who face discrimination in the health sector are likely to earn less than their peers who do not face discrimination. The qualitative analysis meanwhile shows that health insurance is a particular area of discrimination where LGBTI individuals feel especially vulnerable. Discrimination in accessing private health and life insurance is reported more frequently by the transgender community. Survey results show 15.2 percent of transgender respondents experienced discrimination when getting or using private life or health insurance, followed by 11.4 percent of lesbians and 8.6 percent of gay men. Figure 5.4 shows the most prevalent incidents of LGBTI discrimination, with 36.5 percent of respondents either being stereotyped or unable to cover their partners under life or health insurance plans. When attempting to obtain services, 23.8 percent of respondents were asked to leave the premises because of their SOGI status. 2 O  ther characteristics: education, type of job, type of organization, region (Greater Bangkok treated as a separate region, regional fixed effects), urban; LGBTI (and interaction terms), and age and sex discrimination. 3 This estimation controls for age, education level, area of residence (Greater Bangkok), and other factors. Economic Inclusion of LGBTI Groups in Thailand 37 Access to Services and Markets Figure 5.4. Incidence of LGBTI Discrimination in Accessing Health and Insurance Services (in percent)  es, I was told my partner Y could not be covered under 36.5 my life or health insurance Yes, I was stereotyped  36.5 Yes, I was treated  25.4 disrespectfully  Yes, I was harassed or 24.6 ridiculed Yes, I was asked to leave  23.8 because I am LGBTI Yes I was not offered certain  23.0 services because I am LGBTI  Yes, I was asked to prove my identity in a difficult 17.5 way because I am LGBTI  No, they were not related 14.3 to being LGBTI  Not sure/I don’t know 10.3 Other 4.0 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 % Respondents LGBTI (n=2,302) Source: World Bank analysis of survey data. 38 Economic Inclusion of LGBTI Groups in Thailand Access to Services and Markets Figure 5.5. Consequences of Discrimination When Accessing Health and Insurance Services (in percent) I have emotional problems  38.9 I  did not get life and/or 37.3 health insurance I wanted  y partner cannot be M a beneficiary of my life 36.5 insurance M  y partner is not covered 31.0 by the health insurance  have to pay my care and I 31.0 treatment costs myself  obtained life and/or health I insurance that does not 25.4 cover my needs  am unable to seek I specialized treatments 23.0 or care I  have physical health 22.2 problems  experience conflicts I 22.2 in personal life  was charged extra/ I 18.3 too much  had to adjust my I appearance to match my 17.5 birth sex on my ID card to obtain private insurance  It had no consequences 9.5 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 45.0 % Respondents LGBTI (n=2,302) Source: World Bank analysis of survey data. Economic Inclusion of LGBTI Groups in Thailand 39 Access to Services and Markets EDUCATION Applying for or studying at education and vocational training institutions Access to Educational Institutions and Vocational Training LGBTI respondents who face discrimination in education are likely to earn less than those who do not. This discrimination was found to coincide with a 2.5 percent decrease in the probability of attaining an income of 60,000 Thai baht or more annually within the sample. It can also be expected that those who experience bullying (including physical, verbal, and sexual harassment, all reported in the qualitative data) may revert to coping strategies such as social isolation and withdrawal as well as hiding one’s SOGI status, skipping classes, and even leaving school. In fact, LGBTI respondents who experienced discrimination also have lower probability of completing a bachelor’s degree. Attaining a bachelor’s degree correlates with higher future income, yet those LGBTI respondents who experience some forms of discrimination are less likely to complete undergraduate education than those LGBTI respondents who do not experience discrimination. This is consistent with international evidence, which shows that discrimination based on SOGI and other factors (e.g., race, religion, or gender) in gaining access to education and other services is also associated with fewer economic opportunities (IGLHRC 2014; Dis-Aguen undated; GALANG Philippines 2015; World Bank 2013; Ferreira and Peragine 2015). In accessing education or training, discrimination was most frequently experienced by transgender respondents (23.3 percent), followed by lesbians (11 percent) and gay men (6 percent). The recent expansion of employment in Thailand was accompanied by significant improvements in the educational attainment of the labor force (World Bank Group 2016b), pointing to the ever-growing importance of an inclusive education sector from early childhood to adulthood. At the same time, interrupted or incomplete education, as well as physical and mental illness and risk to overall well-being, are linked with decrease in individual socioeconomic opportunities and distorted educational opportunities. This, in turn, can lead to life-long consequences for financial, employment, career, and broader economic prospects. The most frequently experienced consequence of discrimination in education by LGBTI respondents was having emotional problems (52.3 percent for all subgroups combined). Nearly half of respondents were asked to “dress, speak, or behave” according to their birth sex. Over one-quarter of respondents attributed discrimination as the reason for not getting into the institution they applied to, and over one-fifth report they had to study a field they did not intend to. Figure 5.6 shows that lesbian and transgender respondents suffered the most severe adverse consequences of discrimination when accessing educational institutions or vocational training. 40 Economic Inclusion of LGBTI Groups in Thailand Access to Services and Markets Figure 5.6. Consequences of Discrimination in Accessing Educational Institutions or Vocational Training, by Subgroup (in percent) I had to dress, speak or 59.4 behave according to my 35.1 birth sex 82.1 81.3 I have emotional problems 42.9 71.4  did not get into the I 31.3 educational institution/ 28.6 28.6 vocational training I applied to I wasn’t able to attain 28.1 26.0 educational goals I wanted 26.8 28.1 I had to study a field I 20.8 didn’t want to study 26.8 34.4 My grades were negatively 16.9 affected 25.0 I have physical health 28.1 10.4 problems 23.2 I wasn’t given the same 31.3 education and vocational 26.0 training opportunities as 21.4 others who are not LGBTI 34.4 I was isolated from my 19.5 peers 19.6 I experience conflicts in my 31.3 14.3 personal life 17.9 21.9 I wasn’t able to finish my 18.2 studies 17.9 15.6 I had to study harder than 19.5 those who are not LGBTI 16.1 12.5 I dropped out 7.8 16.1 I was suspended or 9.4 expelled because I am 5.2 8.9 LGBTI 3.1 It had no consequences 13.0 1.8 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 90.0 % Respondents Lesbian Gay male Transgender (n=32) (n=77) (n=56) Source: World Bank analysis of survey data. Economic Inclusion of LGBTI Groups in Thailand 41 Access to Services and Markets FINANCE Accessing banking products and services Access to Finance While most LGBTI survey participants did not report significant barriers associated with being LGBTI in accessing basic financial services, such as opening bank accounts and debit cards, transgender participants struggled—these transactions often require identification. In the survey, transgender men and women report they were questioned by bank staff more than cisgender customers, and 18.7 percent transgender men report discrimination when accessing financial products. Appearance and gender nonconformity serves as a trigger for discrimination and exclusion in access to financial services. Between 12 and 19 percent of the non-LGBTI sample feel it is reasonable to ask for more information to prove one’s identity, or to ask an individual to dress and act like one’s birth sex. Figure 5.7 shows the frequency with which lesbian, gay men and transgender clients were asked to prove their identity or to dress differently while accessing financial services. “ The main problem is my personal title. When I have to deal with the bank, they usually have a problem with my ID card because it still says Mister. The photo is also an old one. They usually feel suspicious and have to investigate more. — Transgender woman, 20, “ Central Thailand 42 Economic Inclusion of LGBTI Groups in Thailand Access to Services and Markets Figure 5.7. Comparison of Discrimination Related to Identity in Accessing Financial Services, Education Services, and Government Services, by Subgroup (in percent) n=33 72.7 Education services n=91 25.3 n=59 79.7 n=24 12.5 Financial services n=137 3.6 n=40 60.0 n=24 45.8 Government services n=80 20.0 n=66 48.5 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 90.0 % Respondents Lesbian Gay male Transgender Source: World Bank analysis of survey data. Discrimination in the financial sector restricts access of LGBTI people to certain products and services, as reported by more than 30 percent of respondents. Figure 5.8 summarizes by subgroup the different ways in which LGBTI individuals report being underserved in the financial sector, ranging from experiencing delays to having to use informal lenders. © TonyV3112/Shutterstock.com Economic Inclusion of LGBTI Groups in Thailand 43 Access to Services and Markets Figure 5.8. Consequences of Discrimination When Accessing Financial Services, by Subgroup (in percent) I  experienced delay in 21.1 26.7 obtaining service 63.9 I  did not receive certain 31.6 41.3 services or products 63.9  did not receive certain I 57.9 services or products 24.0 52.8 together with my partner 42.1 I  had to ask my family to 16.0 help me 30.6 15.8  I got into debt 18.7 25.0 31.6  experience conflicts in my I 20.0 personal life 25.0 I  had to borrow from 10.5 14.7 informal lenders 22.2 21.1 I  was unable to accumulate 8.0 assets 16.7 21.1 It had no consequences 25.3 5.6 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 % Respondents Lesbian Gay male Transgender (n=19) (n=75) (n=36) Source: World Bank analysis of survey data. 44 Economic Inclusion of LGBTI Groups in Thailand Access to Services and Markets HOUSING Renting or buying individually or with a partner Access to Housing Lesbians in the survey report the highest level of discrimination when buying property, followed by the transgender community and gay men (14 percent). About 37 percent of all LGBTI respondents say they were told they could not co-own or buy property together with their partners (figure 5.9). When trying to buy property, about 15 percent of respondents say they were harassed or ridiculed because of their sexual orientation or gender identity, and 25 percent report the same when trying to rent. About 7 percent to 9.5 percent of all LGBTI individuals report experiencing other types of discrimination similar to those in other sectors, such as having to prove their identity according to their sex at birth or being asked not to show their SOGI status. A disaggregation by subgroup in figure 5.10 shows that lesbians were most frequently told their partners could not be partial owners of property. Figure 5.9. Incidence of Discrimination When Buying Property (in percent)  es, my partner was told she/ Y 37.4 he cannot be a partial owner  o, they were not related to N being LGBTI 34.1  es, I was harassed and Y ridiculed because of being 15.1 LGBTI Not sure/ I don’t know  10.6  es, I was offered a property Y of lower quality/standard 9.5 because I am LGBTI Yes, I was asked to prove  my identity in a difficult way 7.8 because I am LGBTI Yes, I was told not to show/  7.8 mention me being LGBTI O  ther kind of discrimination 1.7 or exclusion 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 % Respondents LGBTI (n=2,302) Source: World Bank analysis of survey data. Economic Inclusion of LGBTI Groups in Thailand 45 Access to Services and Markets Figure 5.10. Lesbians Report Most Difficulties in Co-Owning With Their Partner When Buying Property (in percent)  es, my partner was told Y 73.5 she/he cannot be a partial 27.9 owner 52.4 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 % Respondents Lesbian Gay male Transgender (n=34) (n=104) (n=22) Source: World Bank analysis of survey data. Depending on their personal resources (e.g., income, family background, or identity), participants report differing experiences in relation to housing. About one-quarter report being harassed or ridiculed when trying to rent, 19.4 percent were told their partners could not move in when renting, 11.3 percent had to hide their identity to continue living in a property, and 9.7 percent had to pay more than others who were not LGBTI. The top consequence of discrimination for Result 4 LGBTI respondents who sought to buy property was being unable to co-own with their partners Transgender people report (41.9 percent). Discrimination also took a mental the most frequent and severe toll on the respondents, as 16.2 percent report discrimination and exclusion having emotional problems as a result, and among LGBTI participants in about one-fifth felt mistreated or humiliated. the survry. Lesbians report About 7 percent of survey respondents said they worse outcomes than gay were homeless because of SOGI discrimination men. (figure 5.11). 46 Economic Inclusion of LGBTI Groups in Thailand Access to Services and Markets Figure 5.11. Consequences of Discrimination When Buying Property (in percent) I couldn’t buy with my partner  41.9 I felt mistreated or humiliated 20.7 I wasn’t able to buy the  20.1 property I wanted I experience conflicts in  17.9 personal life I got emotional problems 16.2 I wasn’t able to buy at all 10.1 I am homeless 7.3 I paid more than the market  4.5 value for the property It had no consequences  3.4 I got physical health problems 2.8 Other 0.6 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 % Respondents LGBTI (n=2,302) Source: World Bank analysis of survey data. Economic Inclusion of LGBTI Groups in Thailand 47 Moving Forward— 06 Policy Options Discrimination, stigma, social exclusion, and violence rob individuals of dignity and prevent them from capitalizing on opportunities to lead a better life. This report shows that LGBTI people in Thailand, and most notably, lesbian, gay, and transgender individuals, may experience significant levels of discrimination and exclusion, which may keep their human capital underutilized. Because of unequal treatment, they may be unable to take full advantage of services such as education and health insurance. Labor market discrimination and challenges limiting LGBTI groups and their ability to excel at their workplace may impact their income levels. All of this undermines their well-being and potential contribution to the markets that underpin Thailand’s economic growth. Policy options in chapter 6 address the main domains of exclusion identified in the report. These policy considerations are also mindful of Thailand’s goals under: (i) the Sustainable Development Goals, which embody a powerful commitment to achieving a life of dignity for all; (ii) Committee on the Elimination of Discrimination against Women, which adopted general recommendations that include sexual orientation and gender identity; and (iii) the Gender Equality Act of 2015, which makes it illegal to discriminate against a person based on being male or female or of a different appearance from his or her sex by birth. These policy options take into account international and national experiences and practices. Six focus areas are suggested with specific policy actions based on best international practices that could be useful within Thailand’s context. Activities range from short to long term and are designed to help ensure an inclusive and cohesive environment for all Thai citizens, despite their sexual orientation and gender identity and expression. Focus Area 1: Public Policy Awareness Promoting positive messages about inclusion of LGBTI people can help shift perceptions and social norms. National and local campaigns using mass media, as well as specialized communication techniques to provide the public with the necessary knowledge about gender equality, SOGI and LGBTI rights, and SOGI nondiscrimination can reduce discrimination and violence based on SOGI status. A national campaign could aim to (i) promote awareness of gender equality legislation and SOGI and LGBTI rights; (ii) promote awareness of SOGI nondiscrimination laws and policies across government, the private sector, civil society, and media organizations, and throughout society at large; (iii) show a commitment from the government to address SOGI and promote LGBTI inclusion; and potentially (iv) launch specific policies and programs addressing the economic inclusion of LGBTI people in Thailand. To this extent, three policy actions are proposed under Focus Area 1.  olicy Action 1 P Raise awareness and build capacity in key ministries and civil service positions.  Essential measures include conducting training, raising awareness, and building capacity on gender equality and LGBTI and SOGI issues for staff in the Ministry of Education, Ministry of Labor, and Ministry of Health, with a special focus on civil servants at points- of-service, such as civil registry. These efforts can be department, agency, or ministry based. They may include campaigns or public events drawing attention to international or national days that recognize and celebrate LGBTI people, links to information about SOGI or services, and SOGI awareness-raising trainings and workshops to build the capacity of government employees to adequately and cordially address the needs of LGBTI people. 48 Economic Inclusion of LGBTI Groups in Thailand Moving Forward—Policy Options These activities may also involve social and print media for broader community sensitization and mobilization. All of them would best be delivered with the commitment and support of senior leadership and through the creation of safe spaces where employees have an opportunity to engage in honest and open discussions. of-service, such as civil registry. These efforts can be department, agency, or ministry based. They may include campaigns or public events drawing attention to international or national days that recognize and celebrate LGBTI people, links to information about SOGI or services, and SOGI awareness-raising trainings and workshops to build the capacity of government employees to adequately and cordially address the needs of LGBTI people. These activities may also involve social and print media for broader community sensitization and mobilization. All of them would best be delivered with the commitment and support of senior leadership and through the creation of safe spaces where employees have an opportunity to engage in honest and open discussions. Thailand’s Capacity Strengthening Workshop The World Bank, in collaboration with the Ministry of Social Development and Human Security, successfully piloted a three-day capacity strengthening workshop for implementation of the Gender Equality Act B.E. 2558. Developed for and tailored to the special needs of key ministries and civil service positions, the workshop consists of several modules seeking to make participants understand the concept of gender identity and fluidity, taking into account elements of gender norms, roles, and identities, and sexual orientation. It provides a platform for participants to learn about impacts of stigmatization, discrimination, and violence, and to foster an understanding on how to treat one another and communicate with respect for human dignity. Furthermore, the workshop focus is to facilitate a better understanding of social and economic inclusion and diversity issues, including stigma, discrimination, and violence as experienced in Thailand, with an opportunity to examine Thai social and cultural elements. It aims to build skills that help recognize and address discrimination in areas such as education, employment, the labor market, health, social protection, and security, within the framework of costs resulting from social and economic exclusion. The workshop also introduces international human rights principles relating to gender equality, including the Universal Declaration of Human Rights; International Covenant on Civil and Political Rights; International Covenant on Economic, Social, and Cultural Rights; Convention on the Elimination of all Forms of Discrimination against Women; and the Yogyakarta Principle. It instructs participants on human rights principles and Thailand’s State Obligations. It also formulates a clear understanding about the Gender Equality Act B.E. 2558 and reaffirms the Thai government’s commitment to eliminate SOGI-based discrimination and violence. Economic Inclusion of LGBTI Groups in Thailand 49 Moving Forward—Policy Options Policy Action 2 Sensitize government employees, teachers, doctors, and other education and health  sector staff about SOGI nondiscrimination laws and policies. It is crucial to guarantee that all staff members are aware of the specific protections and particular needs and vulnerabilities of LGBTI children and people. This can be achieved through specific mandatory training, workshops that analyze discrimination cases, and codes of conduct that encompass the laws and policies protecting LGBTI groups.  uggested sensitization, training, awareness raising, and capacity building efforts may be S government-initiated but conducted in partnership with LGBTI NGOs. These community organizations often bring valuable expertise and experience on how to address stigma, discrimination, and violence because of SOGI status. Training by the Williams Institute to Reduce SOGI-Based Stigma The Williams Institute is dedicated to conducting rigorous, independent research on sexual orientation and gender identity law and public policy. Through its Judicial Education Program, it has trained more than 5,000 judges and court and justice system personnel from every U.S. state, judges in Croatia, El Salvador, Montenegro, Serbia, and the Caribbean, and those at international judicial conferences. The program draws on the intellectual and material resources of the University of California, Los Angeles, one of the world’s leading research universities, and the Institute’s wide network of academic, legal, and policy experts. This work has helped inform regional and international policy debates, connect policy makers and community leaders with research, and provide law enforcement and other government officials with critical training. Training is also offered to leaders and emerging scholars. Thousands of lawyers, legislators, community and business leaders, and law students have attended trainings, conferences, and educational panels. The formats for the Institute’s trainings vary but normally include a peer-to-peer component where participants are grouped by profession, field, and expertise (e.g., judges, prosecutors, law enforcement). This separation ensures a comfortable, productive, and nonvulnerable learning space in which to incorporate new knowledge about sexual and gender minorities and to discuss subjects that may be culturally or socially difficult. Peers have an affinity with each other that is unique and can create the conditions of closeness consistent with the contact hypothesis. The development of relevant curricula and formats would be done in coordination with stakeholders and local personnel. Pedagogical methods may be lectures, small groups, exercises, film, or presentations. Trainings are based on the most up-to-date and rigorous data on LGBTI populations and often include multiple categories of substantive information: • Understanding the realities of LGBTI people by presenting accurate social science evidence and data; • Common legal issues within LGBTI communities (hate crimes, discrimination, domestic violence) as relevant to the purposes of the grant; • A review of relevant legal standards; and • Information about the needs of LGBTI people as litigants and witnesses and other roles that LGBTI people might have when interacting with court staff. Source: Retrieved from https://williamsinstitute.law.ucla.edu/judicial-training-program/. 50 Economic Inclusion of LGBTI Groups in Thailand Moving Forward—Policy Options Policy Action 3  Thailand has the potential to become a global leader on LGBTI inclusion. As part of transforming Thailand and promoting the new, modern “Thailand 4.0” at home and internationally, the government may wish to establish a high-level commitment to LGBTI inclusion and affirm equal rights and opportunities for all Thais regardless of their sex, sexual orientation, or gender identity. Potential instruments to cement such a high-level commitment include a public statement by the head of state or government or the assignment of nationwide responsibility for promoting inclusion to an LGBTI champion. Focus Area 2: LGBTI Equality and SOGI Nondiscrimination in Employment Policy makers can use the study as a guide to help identify specific avenues for eliminating labor market discrimination faced by LGBTI people. The study’s LGBTI sample frequently report having job applications rejected because of their sexual orientation or gender identity. Four policy actions are outlined under Focus Area 2. Policy Action 1 Develop and implement an equality and nondiscrimination in employment and occupation law to guarantee nondiscrimination based on SOGI status. Attention needs to be paid to employment-related discrimination experienced by those who manage to succeed in entering the formal workplace and launching their careers. Research in Thailand by Suriyasarn (2014) and international experience show that developing antidiscrimination legislation specific to employment, and ensuring effective implementation mechanisms are in place and acted on, can be effective. Such legislation should specifically address direct and indirect discrimination in employment and occupations, and promote equality of opportunity and treatment among all sectors and population groups in the workforce, including LGBTI workers. Further, it should prohibit discrimination in laws, regulations, rules, policies, and practices concerning employment and occupation by institutions, enterprises, and employers in both the public and private sectors. Finally, the staff of the Ministry of Labor should become fully familiarized with regulations relating to antidiscrimination and SOGI. Policy Action 2 E stablish an effective enforcement and monitoring mechanism for compliance  with new legislation and provide redress in cases of discrimination, particularly for transgender people. Monitoring could include special modules in labor surveys asking similar questions to the ones in the study’s online surveys. Monitoring could also include exit polls or audits regarding case management for victims who decide to report acts of discrimination. Effective Monitoring, Compliance, and Enforcement To build an effective monitoring, compliance, and enforcement system: • Establish key definitions; • Define the objective and scope; • Establish the key principles on which the system will be based; • Establish core elements, including activities and methodologies; • Ensure availability of competent staff; • Make available reliable funding sources; and • Build monitoring arrangements and impact assessment mechanisms. Source: UNCTAD (2016). 52 Economic Inclusion of LGBTI Groups in Thailand Moving Forward—Policy Options Policy Action 3 Establish and promote the role of the Equal Employment Opportunity Commission as a complaint mechanism at the national level. It is crucial to establish and link to existing mechanisms an independent Equal Employment Opportunity Commission to function as an advisory and monitoring body as well as a complaint mechanism at the national level. The Commission, comprising tripartite members of all genders with sufficient employment and gender expertise, would monitor discrimination in employment and occupation, and make policy recommendations to the government. Policy Action 4  Encourage social dialogue between private sector employers, employee resource groups, and LGBTI workers to protect the rights of LGBTI employees and promote SOGI nondiscrimination. Much of the discrimination that Thai LGBTI people experience is due to negative attitudes and behaviors of the general population. This is reinforced by biased and stigmatizing coverage of LGBTI topics in health and sexual education and the negative LGBTI stereotypes commonly portrayed in Thai social media, television, and movies. To counter this, social dialogue with LGBTI groups, workers’ and employers’ organizations, and the private sector could help spearhead proactive and sustained cooperation to promote equality and rights protection for LGBTI people. LGBT Friendly Business Certification In Colombia, the LGBT Chamber of Commerce offers “Friendly Biz” Certification to private companies and businesses that demonstrate they are open and accessible to the LGBT community. Through a five-stage process, institutional policies are created and a company’s management and employees are trained around inclusive and normalized customer service for LGBT consumers. Becoming certified means a company gains access to a variety of perks like networking with other members and corporate partners, access to special events and conferences, and the opportunity to build relationships with corporations, the federal government, and state agencies. Source: http://cclgbt.co/certificaciones/. Focus Area 3: Equality in LGBTI Health Care Three policy actions are proposed under Focus Area 3. Policy Action 1 Develop guidance and include a SOGI nondiscrimination component in health service  delivery personnel training. Because all Thai citizens are covered through one or more of the three compulsory public insurance channels, the most important policy approach relevant to health insurance is to ensure that public health service delivery at point-of- service is nondiscriminatory as well as SOGI-sensitive and friendly. At a minimum, this step would require nondiscrimination components in training all health service delivery personnel. Guidelines and curricula could be developed for health and life insurance industries, which should also help raise awareness of guidelines under the Gender Economic Inclusion of LGBTI Groups in Thailand 53 Moving Forward—Policy Options Equality Act of 2015 and its mechanism for handling discrimination and complaints.1 The first step toward this policy action would be to support and then expand LGBT-sensitive and friendly service delivery models, such as the Thai Red Cross AIDS Research Center’s Tangerine Community Health Center2 in Bangkok and the Gender Variation Clinic3 at the Ramathibodi Hospital’s Child and Adolescent Health Center. Policy Action 2 D evelop and implement a measure preventing private health insurers from inquiring about sexual orientation and gender identity. In the insurance arena, legal requirements can be explored to prevent private health insurers from inquiring about sexual orientation. Policy Action 3 Develop and implement legal measures requiring private life insurers to issue life insurance policies that allow partners—married or unmarried—of any sex and gender identity to be beneficiaries. Focus Area 4: Inclusive Education for All Steps to ensure inclusive education for all students, despite perceived or real SOGI status or expression, and to minimize discrimination and harassment of LGBTI students would be in line with priorities spanning multiple Sustainable Development Goals, including Goal 4 (inclusive and equitable quality education and promotion of lifelong learning opportunities for all) and Goal 5 (tackling gender-based discrimination). These steps would also parallel efforts by United Nations agencies that categorized bullying as a special risk for vulnerable children and found that bullying is “a barrier to learning and to gaining access to the full cycle of schooling from early childhood to university.”4 UNESCO’s strategy is to ensure learning environments are safe, inclusive, and supportive for all (UNESCO 2017). Two policy actions are proposed under Focus Area 4. Policy Action 1 Incorporate gender equality and SOGI nondiscrimination guidance in pre- and in-service training for current and new school administrators and teachers. Teachers are, in most places, a trusted source of information and support. They do more than deliver curriculum. In many schools, they are also guidance counselors, mentors, school monitors, and sometimes school principals. Study findings indicate that teachers can be sources of language and behaviors found by students to be disrespectful or in violation of their rights to safety, nondiscrimination, and health. Evidence also shows that teachers can have a positive impact on LGBTI students, improving their self-esteem and contributing to less absenteeism, greater feelings of safety and belonging, and better academic achievement (Kosciw et al. 2012; Jones and Hillier 2012). Teachers, however, need support themselves to be inclusive and to teach inclusively (Ollis 2013). Training and support are also important for other staff, including school administrators, school counselors, nurses, and the wider school community. 1 Thailand Gender Equality Act, https://www.hrw.org/news/2015/09/21/thailand-gender-equality-act. 2 For more information about the Tangerine Clinic, go to: https://www.facebook.com/pages/Tangerine-Community- Health-Center/1696908850533037. 3 For more information, please see: https://www.bangkokpost.com/print/431248/. 4 The United Nations envoy calls for concerted efforts to eliminate bullying in all regions. http://www.un.org/  sustainabledevelopment/blog/2015/10/un-envoy-calls-for-concerted-efforts-to-eliminate-bullying-in-all-regions/. 54 Economic Inclusion of LGBTI Groups in Thailand Moving Forward—Policy Options Chetana Teacher Trainers Pool—Nepal In 2014, the Nepali NGO Blue Diamond Society (BDS), with support from World Bank, piloted a program to develop a pool of teachers to train other teachers and school administrators on “how to make schools safer for LGBTI students.” BDS has developed resources including a training manual and toolkit to facilitate further instruction of teachers, along with a frequently asked questions booklet. The toolkit was developed in consultation with a wide range of experts including lawyers and teachers, and includes tools for principals, teachers, students, and parents. It has been used to train teachers in the Central, Eastern, and Western regions of Nepal, with support from the World Bank. Participants commit to assisting in the placement and involvement of LGBTI students; ensuring a flexible dress code and the availability of appropriate restrooms; including the designation of “other” as a gender option on forms; and ensuring the school environment is friendly and respectful toward LGBTI students. The trained teachers have developed the Chetana teacher trainer pool. The NGO- government partnership is providing a strong platform for a more inclusive education system in Nepal. Sources: Blue Diamond Society (2013, 2015), Gurung (2015), Mehmood (2014), Gaylaxy (2014). Note: The initial pool of 176 trained teachers went on to register as the   NGO Chetana (“awareness”). They offer training on gender, sexuality, and gender identity with the aim of integrating topics on LGBT issues in curricula and school policies, and developing a friendlier educational environment for all learners. Source: http://cclgbt.co/certificaciones/. Economic Inclusion of LGBTI Groups in Thailand 55 Moving Forward—Policy Options Policy Action 2 Raise awareness of the whole school community about SOGI nondiscrimination, violence reporting, and referral mechanisms, and build its capacity to prevent and respond to violence and SOGI-based discrimination, including bullying and cyber-bullying. Evidence suggests that school bullying, violence, and discrimination are best addressed through multifaceted or holistic whole-school approaches that strengthen the interconnected layers of a school system (Hawkins, Pepler, and Craig 2001; Scheckner et al. 2002; Smith et al. 2004). This includes establishing a supportive and inclusive school ethos and environment, strengthening curriculum delivery and teaching practice, and creating connections with parents, communities, and other stakeholders to improve social and emotional well-being at school. The rationale is that change is more likely to occur when the whole school community has a shared vision and commitment for inclusive environments (Jimerson and Huai 2010; Farrington and Ttofi 2009; Plog et al. 2010). A whole school approach recognizes that bullying, violence, and discrimination are multifaceted problems that require multifaceted solutions. In practice, these programs will require more planning and (human and financial) resources, but they are more likely to be effective and sustainable. Additionally, the Ministry of Education could work closely with the Committee on Consideration of Unfair Gender Discrimination at the Ministry of Social Development and Human Security on the gradual roll-out of the principles under the Gender Equality Act of 2015. This work should include raising awareness of issues specific to SOGI, providing training on reporting and referral structures, and strengthening the overall complaint handling mechanism. In this way, school administrators, teachers, parents, and students themselves would be aware of—and could rely on—this important redress channel.  Preventing Discrimination Based on SOGI and Making Schools More Gender Responsive Environments for All Learners UNESCO and Plan International are working with Path2Health, and MPlus piloted the Respect for All Project in two cities, Bangkok and Chiang Mai, to prevent school bullying and other forms of violence, and to make schools more gender responsive environments for all learners regardless of their SOGI status. Respect for All: Promoting Safe and Gender-Responsive Schools in Thailand is a three-year project funded by the Swedish National Office of Plan International and the Dutch Ministry of Education, Culture, and Science through UNESCO. It was developed to address the findings of a 2014 study on the issue, and is designed to test whole school approaches with the aim of embedding policies and practices into the curriculum and daily life of participating schools. Source: Mahidol University, Plan International Thailand, and UNESCO (2014); UNESCO and Plan International Thailand (2015). 56 Economic Inclusion of LGBTI Groups in Thailand Moving Forward—Policy Options Focus Area 5: Equality of Legal Rights Four policy actions are proposed under Focus Area 5. Policy Action 1  Adopt a national gender recognition law. Many transgender people face problems in daily life—applying for a job, obtaining a passport or other government-issued documents, opening a bank account, accessing health or insurance services, and renting or buying a property—because their identification documents do not reflect their true self, and their chosen gender is not being legally recognized. Legal recognition of one’s gender identity is about a person’s recognition and protection before the law and ability to navigate through areas of daily life. This lack of gender recognition fosters widespread social exclusion, stigma, discrimination, and violence when individuals are perceived to deviate from gender norms because their gender identity or expression does not coincide with their sex assigned at birth (UNDP and APTN 2017). Findings from the study confirm that transgender people’s dignity, equality, privacy, and security are severely compromised if their gender identity and expression are not recognized through legal and administrative processes. Gender identity recognition for transgender people builds on the principles stipulated in Thailand’s Gender Equality Act—in particular, Section 3.2C, which defines “gender discrimination,” clarifying that it is not limited to men and women, but also applies to people who have “a different appearance from his/her own sex by birth.” A gender recognition law goes beyond being an administrative act. It is essential for many transgender people to be able to participate in society and live a life of dignity, respect, and inclusion (UNDP and APTN 2017). Best Practice: Argentina’s Gender Identity Law The Argentinian “Ley de Identidad de Género” (Gender Identity Law) is a good example of gender recognition legislation that is human-rights compatible. The law was approved on May 8, 2012 and came into force in July 2012. It is being considered as one of the best laws on legal recognition of transgender identity worldwide. It is a ground breaking and unique piece of legislation that takes a human rights approach toward legal gender recognition. In short, the law: (i) respects the self-determination of transgender people; (ii) has no prerequisites such as infertility, gender reassignment surgery, divorce, or diagnosis; (iii) protects transgender people from disclosure of former name and gender; (iv) is open to anyone, and (v) is fast. The administrative procedure takes two to three weeks to complete. It further guarantees access to transgender-related health care on the basis of informed consent and guarantees coverage of medical intervention in the national health-care plan. According to official statistics, 3,000 new identification documents have been issued under the law in a year’s time, demonstrating the efficiency of the procedures. No cases of fraudulent use are known to date. Economic Inclusion of LGBTI Groups in Thailand 57 Moving Forward—Policy Options The rights to recognition before the law, self-determination, autonomy, and privacy are set out in binding international human rights treaties including conventions widely ratified by countries in Asia.5 The Yogyakarta Principles, published in 2007, summarize the extent to which international human rights standards had been applied to issues relating to gender identity or sexual orientation at that time (ICJ 2007).6 Principle 3 focuses on the right to recognition before the law, noting that, “every person’s self-defined sexual orientation and gender identity is integral to their personality, and is one of the most basic aspects of self-determination, dignity, and freedom.” It addresses the impact that eligibility or procedural requirements have on undermining transgender people’s right to recognition before the law, stating that no one should be forced to undergo medical procedures, including surgeries, sterilization, or hormonal therapy, as a requirement for legal gender recognition. In addition, it notes that, “no status, such as marriage or parenthood, may be invoked as such to prevent the legal recognition of a person’s gender identity” (UNDP and USAID 2014). Policy Action 2  Adapt a national same-sex partnerships law. A best practice partnerships law will permit and validate stable partnerships between any two persons, on an equal basis regardless of their sex, sexual orientation, or gender identity. Thai law allows only a man and a woman to be legally married. Couples of the same sex can’t register a marriage or partnership. Without legal recognition of a union, same-sex partners in Thailand are deprived of many legal spousal entitlements and benefits as well as the capacity to conduct legal transactions as legal spouses (Preechasilpakul 2013; Sanders 2011). This includes the right to co-manage spousal assets, the ability to use a spouse’s surname or receive an inheritance, tax deductions and welfare provisions, and alimony as well as making health-care decisions for partners, obtaining social security and life and health insurance benefits for spouses through an employer and the state, and obtaining joint financial loans (UNDP and USAID 2014; Preechasilpakul 2013; Sanders 2011). LGBTI partners are also deprived of adoption and other parental rights (Suriyasarn 2014). The first step toward addressing this policy gap would be to revise the Civil and Commercial Code and family and marriage laws to recognize same-sex relationships and families and to allow same-sex couples to register their marriage or partnership. 5 U  niversal Declaration of Human Rights (UDHR) (1948), art. 6; International Covenant on Civil and Political Rights (ICCPR) (1966a), art. 16; Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979), art.15; and Convention on the Rights of Persons with Disabilities (CRPD) (2007), art 12. In addition, Article 8 of the Convention on the Rights of the Child (CRC) (1989) requires states to “respect the right of the child to preserve his or her identity.” 6  In 2017, there were proposals to update the Yogyakarta Principles to reflect these developments, including how gender identity and expression should be understood across human rights more broadly. 58 Economic Inclusion of LGBTI Groups in Thailand Moving Forward—Policy Options Elements of an Effective Same-Sex Partnership Law or Civil Union Law Globally, and in the Asia-Pacific region, 26 countries recognize same-sex marriage, including middle-income countries such as Argentina, Brazil, and Colombia. Another 15 countries recognize same-sex civil unions, including middle-income countries such as Chile. These laws vary as to benefits and protections provided to same-sex couples. An effective same- sex partnership or civil union law in Thailand could cover the rights and obligations that come with a marriage contract, which at a minimum are: • Shared rights and responsibilities when raising and supporting children • The ability to retain legal custody of children if the other parent dies • Merging of property and assets • The ability of one spouse to inherit the couple’s property and to have a right to certain tax and social security benefits • The ability of a spouse to receive the same employer benefits available to heterosexual married couples • The right of a partner to engage with medical personnel in making health decisions in the same way that opposite-sex married partners do Policy Action 3  Fully integrate SOGI in the Gender Equality Act of 2015 and in the promotion of gender equality in national plans and policies generally. An obstacle to integration that could be removed as a way forward is Article 17 of the Gender Equality Act. Discrimination is not considered unfair if it is done “to eliminate the obstacles or to encourage the persons to exercise their rights and freedom as other persons, or for protection of the persons’ safety and welfare, or for the compliance with religious principles, or for the national security” (Human Rights Watch 2015). Another area for improvement is Article 3—adding specifically the language that forbids discrimination based on sexual orientation. Policy Action 4 Explicitly include lesbians and bisexual and transgender women in all efforts to promote gender equality, women’s rights, and women’s empowerment and to prevent violence against women and girls. Strengthen and enforce legal protection against all forms of gender-based violence, including against any LGBTI or other person of diverse SOGI status. To address the higher level of discrimination faced by lesbians and bisexual women, policy changes focused on laws and regulations addressing gender inequality between women and men should be considered, in line with the roll-out of the Gender Equality Act. Specifically, implementation should include elements focusing on nondiscrimination based on sexual orientation. A deep concern of transgender people, based on the survey, is the lack of an identification card and other documents matching their gender self- identification and presentation. Understanding how this challenge has been dealt with internationally through changes in laws or regulations could lead to insights for Thailand. Economic Inclusion of LGBTI Groups in Thailand 59 Moving Forward—Policy Options Gender on Official Documentation In the United States, nearly one-third of transgender people said they were harassed, assaulted, or denied service because their identification documents did not match their “gender presentation” (James et al. 2016). Nowadays, U.S. state governments are beginning to recognize transgender or nonbinary gender identity. The District of Columbia began offering the gender-neutral choice of “X” on driver licenses and identification cards in 2017. It was following Oregon’s example. California’s Senate passed a law with the same aim, and similar legislation has been introduced in New York. Focus Area 6: Research to Fill Knowledge Gaps There is a significant data gap for the LGBTI population, particularly in the context of nationally representative surveys. It is crucial to develop and implement surveys or modules that collect data for both LGBTI and non-LGBTI people on a variety of issues and outcomes, and for these data to be fully comparable. In addition, research could be done to examine various policies and programs addressing violence based on SOGI in education settings. Seven Policy Actions are proposed under Focus Area 6. Policy Action 1  Collect SOGI-disaggregated quantitative data among key sectors. Further exploration of different exclusion aspects of LGBTI populations in key sectors, particularly in labor markets, is also needed. Because of repeated rejections, hostile work environments, limited freedom of gender expression at work, or limited career advancement opportunities, LGBTI persons may delay entry into labor markets or opt out of formal jobs. Of great value would be data that would particularly focus on LGBTI community members who live at the intersections of other categories of social disadvantage, such as socioeconomic status, ethnicity, class, and geographical location. Policy Action 2 Develop an integrated database that combines cases and data on LGBTI exclusion from relevant government agencies and civil society organizations. There is relatively little effort to bring together the wealth of existing research-based evidence on LGBTI exclusion in Thailand. Yet, a comprehensive and integrated database would lead to uncovering new insights, promoting the communication of complex data sets and analysis in an immersive and multidimensional Thai and international environment, and deriving new implications and actions for the government’s institutions, agencies, and other bodies. A way forward could be to create a LGBTI-specific data portal, a single point of access to a wide range of data on LGBTI with the purpose of improving accessibility and increasing their value. This gender data portal could be modeled after existing ones, from the World Bank Group and the Organisation for Economic Co-operation and Development. 60 Economic Inclusion of LGBTI Groups in Thailand Moving Forward—Policy Options Data Portals Gender Data Portal, is the World Bank Group’s comprehensive source for the latest sex- disaggregated data and gender statistics covering demography, education, health, access to economic opportunities, public life and decision-making, and agency. The gender data portal of the Organisation for Economic Co-operation and Development includes selected indicators that shed light on gender inequalities in education, employment, entrepreneurship, governance, health and development. The portal also highlights the progress in achieving gender equality and where actions are most needed. Policy Action 3 Add sections on SOGI to national surveys and registry data from line ministries. Although indicative evidence exists on discrimination, stigma, social exclusion, and violence of LGBTI people in Thailand, there continues to be a need for additional quantitative data disaggregated by SOGI status. This could be addressed by adding sections on SOGI to national surveys and registry data from line ministries including health, education, labor, and social development. A database tracking LGBTI inclusion, which would combine all data and cases from relevant government agencies and civil society organizations, could also be developed. Where this is not possible, international online surveys, adapted to the Thai context, including the Global School-Based Student Health Survey and the Multiple Indicator Cluster Surveys, clearly offer an alternative and can be cost-effective. Data can also be collected by universities, colleagues, and primary and secondary schools, for instance, by using school case reports as well as other academic and research institutions, as has been done in many places in Asia-Pacific and globally. Economic Inclusion of LGBTI Groups in Thailand 61 Moving Forward—Policy Options Inclusion of LGBTI People within National Surveys Canada’s Community Health Survey included questions about sexual identity beginning in 2003 followed by the General Social Survey on Victimization in 2004 (Beauchamp 2004). Its census includes information on same sex couples (Statistics Canada 2006a,b), and the British Columbia Adolescent Health Survey has collected sexual orientation data since 1992. In India, the Census of India 2011 Household Schedule permits individual respondents to elect a sex indicator other than male or female. Data are not yet available from the census commissioner. In Ireland, the Central Statistics Office collects information on same sex couples (Central Statistics Office 2012). The Swedish National Public Health Survey includes transgender, heterosexual with some homosexual elements, bisexual, homosexual with some heterosexual elements (Ramsay undated).  ote: For more information about Canada’s Community Health Survey, N visit http://www23.statcan.gc.ca/imdb/p2SV.pl?Function=getSurvey&SDDS=3226. British Columbia’s Adolescent Health Survey can be accessed on the website of the McCreary Centre Society (http://www.mcs.bc.ca/ahs). India’s census form (2011) is available at: http://censusindia.gov.in/2011-Schedule/Shedules/ English_Household_schedule.pdf. Policy Action 4  Analyze best practices in preventing and responding to discrimination and violence on the basis of SOGI, particularly in Thai schools, to build an inclusive society for all. These efforts could focus on capturing best practice in preventing and responding to discrimination of LGBTI people and promotion of broader gender equality to achieve full inclusion of LGBTI groups in practice. Efforts should be focused on capturing and analyzing best practices in preventing and responding to violence based on SOGI in Thai schools to build inclusive education for all students. There is also a need for studies that look at root causes of discrimination and cover the linkage between social norms and stigma that justify discrimination in access markets, services, and spaces. Policy Action 5 Evaluate various policies and programs addressing SOGI in Thailand. More robust evaluations of policies and programs are needed to inform and scale up good practice in Thailand. The RGT should develop a better understanding of factors that contribute to more inclusive society and the benefits that are achieved by doing so at the individual, system and societal levels. More research on how social inclusion, informed by well-designed, fully implemented, and rigorously monitored and evaluated policies and programs, leads to better development outcomes is likely to also increase further sustained action in the country and beyond. Partnerships between government, academia, and NGOs, including LGBTI organizations, can ensure high-quality and relevant research. Evaluations should be ongoing and regular, and data used to inform such policies and programs. 62 Economic Inclusion of LGBTI Groups in Thailand Moving Forward—Policy Options Policy Action 6 Systematically collect data on reporting of violence against LGBTI people. The survey  findings indicate that the overwhelming majority of LGBTI respondents who experienced discrimination or violence reported such acts to family and friends, as opposed to responsible, formal government established bodies, with more than half of all LGBTI respondents confiding in online sources or social media. While LGBTI people are, to a greater or lesser extent, protected by antidiscrimination legislation in Thailand, there is relatively little systematic and recurrent data collection on reporting of violence based on SOGI. There are examples of NGOs, equality bodies, and academic or policy researchers collecting such data. Increased collection of the registration of discrimination complaints by formal law enforcement channels and equality bodies, including the Human Rights Commission of Thailand, can be an effective way of filling the gap. Policy Action 7 Fund research to quantify the economic and financial costs to society from the exclusion and disadvantaged treatment of LGBTI people and to show the benefits of inclusion. A growing body of literature, including from the Asia-Pacific region, demonstrates that violence based on SOGI affects national economies (World Bank Group 2013; Badgett 2014). 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Development, Testing, and Dissemination of Online Surveys An incentive-based dynamic sampling approach was used to recruit survey participants in Thailand who did not identify as lesbian, gay, bisexual, transgender, or intersex (LGBTI). A survey was placed online to reach as many LGBTI respondents as possible through nonprobability sampling. The LGBTI respondents were identified and recruited for the sample through an innovative use of social media platforms. To develop and pre-test LGBTI and non-LGBTI surveys, partnerships were established with local LGBTI organizations in four cities: Bangkok, Chiang Mai, Pattaya, and Phuket. Both surveys were then tested through in-person consultations and focus group discussions to ensure their practicality, pertinence, cultural sensitivity, and adequacy and appropriateness of user interface. Comments and feedback were collected and incorporated in the final version of both surveys, which were then uploaded onto the online platform and tested internally for functionality. Online survey links were shared with more than 50 partner and local organizations or groups, along with an email in the Thai language explaining the project, a QR code,1 a Facebook thumbnail, and a flyer that could be used in dissemination efforts. A “draw prize” incentive was created to ensure adequate uptake. In connection with fan pages and influencers in the LGBTI community, online site administrators of private Facebook groups were established to boost completion rates. In addition, a series of clips, photos, and GIF images was created to better market the survey to LGBTI people. The non-LGBTI sample was recruited through an incentive-based dynamic sampling approach using programmatic media buying, an automated purchase of data-driven, targeted, and relevant ads using real-time systems, which spread the survey across different websites. The survey was placed through the most popular websites in Thailand. To encourage completion, both surveys were also disseminated through social media, including the Facebook page for the World Bank in Thailand. Study Details The study proposal was submitted for ethics review to the Institutional Review Board of Thammasat University in Thailand. After a round of comments and questions from the ethics committee, the proposal received concurrence on November 21, 2016. The World Bank team also engaged an information security expert to ensure the online surveys would align with digital best 1  QR code is a type of matrix barcode, which is a machine-readable optical label that contains information about A the item to which it is attached. Economic Inclusion of LGBTI Groups in Thailand 69 Appendix A practices and safety protocols. Further, the team undertook a light desk review of global literature (i.e., literature using online methods to measure the exclusion and rights of LGBTI people) in an effort to promote best practices on participant-driven categories and disaggregation according to non-normative sexual orientation, gender identity and expression, and sex characteristics, as well as sampling techniques. The LGBTI survey used a quota sample with a target of n = 400 respondents from each subgroup, namely lesbians, gay men, and transgender individuals (a target total of 1,200). Data Analysis For both LGBTI and non-LGBTI surveys, the data cleaning process was performed by the third-party service provider that hosted the surveys as well as by the research partner organization, Love Frankie. The data from these two surveys were merged and uploaded to an SPSS file for analysis. The analysis attempts to uncover two main relationships. One is whether LGBTI respondents who faced discrimination earn lower income than LGBTI respondents who didn’t face discrimination. Similarly, data analysis examined if subgroups of LGBTI respondents facing discrimination achieved lower levels of education than those that didn’t. Discrimination is explored across seven areas: access to private life and health insurance, a job or work, financial services or products, government services, education or training, renting property, and buying property. Income is defined as a dichotomous variable that indicates whether an individual earns 60,000 Thai baht or more in annual income. Education is also a dichotomous variable that indicates whether an individual has attained a bachelor’s degree. The sample for the analysis consists of 3,502 respondents, of which 2,302 respondents are LGBTI people. The analysis adopts a regression analysis framework given several confounding factors might explain a simple comparison of averages of income and education between LGBTI people who faced discrimination and LGBTI people who didn’t. Thus, a probit model is used with the binary measures of income and education as the dependent variable. The main variables of interest are seven binary variables capturing each of the seven areas of discrimination. Several other factors are accounted for. For instance, the findings may capture differences in age or gender between LGBTI people who faced discrimination and those who didn’t. Similarly, the location of respondent, occupation, and type of organization the individual works for could be significant determinants of income and education levels. Whether the LGBTI person is a member of the lesbian, transgender, or gay male targeted subgroup is controlled for in the analysis, given that different subgroups may have systematically different levels of income and education. Finally, when the analysis explores the relationship between LGBTI discrimination and income, education is accounted for. Similarly, for the effect of LGBTI discrimination on education, income is taken into account. 70 Economic Inclusion of LGBTI Groups in Thailand Appendix B. Survey– Quotas per Group Graphical and Tabular Representation of the Sample Composition Data Of the 2,302 respondents to the lesbian, gay, bisexual, transgender, or intersex (LGBTI) survey, 66 percent (1,515) are cisgender gay men, 13 percent (301) lesbian, and 11 percent (253) transgender (see table B.1). The majority is highly educated: 71 percent have a bachelor’s degree or higher. Finally, although 42.8 percent of respondents were born in Bangkok, an additional 38.7 percent moved from regions outside of Bangkok—showing migrants to be a significant percentage of the sample. For 82 percent of all LGBTI respondents, Bangkok is their place of residence. The non-LGBTI sample (n = 1,200) captured through the survey is young: 33 is the average age, with the majority of respondents representing two age groups—18 to 24 and 35 to 39 (see table B.2). About 60 percent of all non-LGBTI respondents are male. In terms of education, 35.8 percent of all non-LGBTI respondents have a bachelor’s degree, which makes them much less educated than the LGBTI sample. Half (51.9 percent) of the non-LGBTI sample also report living in the Greater Bangkok Area. The core set of the surveys for LGBTI and non-LGBTI is identical, and the methodology ensures comparability. The LGBTI population has an extra module. For those reporting discrimination, additional questions were asked to determine if they feel this is due to their sexual orientation and gender identity. Table B.1. Composition of LGBTI and Non-LGBTI Survey Respondents LGBTI Number of Individuals Percent of LGBTI Transgender 253 10.99 Gay 1,515 65.81 Lesbian 301 13.08 Bisexual 161 6.99 Intersex 31 1.35 Other 41 1.78 Total 2,302 — Non-LGBTI Number of Individuals Percent of Non-LGBTI Male 716 59.67 Female 484 40.33 Total 1,200 — Economic Inclusion of LGBTI Groups in Thailand 71 Appendix B Quotas per Group 18 to 24 year 25 to 34 year 35 to 44 year Over 45 year Proposed Actual Proposed Actual Proposed Actual Proposed Actual Grater 15M 75M 15M 75 M 15M 178M 15M 35M Bangkok 15F 75F 15F 75F 15F 93F 15F 17F Noth 15M 17M 15M 17M 15M 36M 15M 10M 15F 16F 15F 16F 15F 25F 15F 1F Notheast 15M 20M 15M 20M 15M 38M 15M 11M 15F 19F 15F 19F 15F 20F 15F 2F Central 15M 26M 15M 26M 15M 56M 15M 11M 15F 25F 15F 25F 15F 9F 15F 6F South 15M 14M 15M 14M 15M 32M 15M 5M 15F 13F 15F 13F 15F 11F 15F 4F Total 150 300 150 300 150 498 150 102 Note: F = female; M = male. 72 Economic Inclusion of LGBTI Groups in Thailand Appendix C. Regression Analysis—LGBTI and Employment Discrimination Table C.1. LGBTI and the Incidence of Job or Work Discrimination Job or Work Discrimination Probit Y/N (marginal effects) coef/se LGBTI 0.084*** (0.025) Education: Bachelor’s degree -0.085*** and above Y/N (0.008) Age -0.005*** (0.002) Income 60,000 Thai baht 0.013 and above Y/N (0.015) Urban 0.039 (0.045) Sex at birth: Female 0.035 (0.022) Work_Type==Full-time -0.002 (0.010) Org_Work==Public sector/government -0.177*** (e.g., civil servant, state employee, law (0.065) enforcement) Org_Work==State enterprise -0.114* (0.068) Economic Inclusion of LGBTI Groups in Thailand 73 Appendix C Org_Work==Private sector -0.142** (0.072) Org_Work==Other (e.g., cooperative or -0.142** community enterprise, NGO staff) (0.064) Work: Employer with employees 0.061*** (0.010) Work: Entrepreneur without employees 0.049*** (self-employed) (0.016) Work: Helping family business 0.058*** (0.018) Work: Employee with a contract -0.021** (0.009) Work: Employee without contract -0.025** (e.g., hired by the day) (0.010) Work: volunteer 0.051** (0.023) Work: intern 0.022 (0.024) Work: student -0.047** (0.020) Region fixed effects Yes Number of observations 2,610 Note: Standard errors clustered by Thai region. LGBTI = lesbian, gay, bisexual, transgender, or intersex; NGO = nongovernmental organization; Y/N = yes/no; coef/se = standard error of the coefficient. * p < 0.1. ** p < 0.05 *** p < 0.01 74 Economic Inclusion of LGBTI Groups in Thailand Economic Inclusion of LGBTI Groups in Thailand 75 CONTACT US World Bank Thailand 30th Floor, 989 Siam Piwat Tower 989 Rama I Road, Pathumwan, Bangkok 10330 Tel: +662 686-8300 Email: thailand@worldbank.org www.worldbank.org/thailand facebook.com/worldbankthailand Supported By: Economic Inclusion of LGBTI Groups in Thailand 76