The rest of the report

Module A: Country Report

Module C: Women's Health (Part 1)

Module C: Women's Health (Part 2)

References

Authors

Acronyms

Prepared for the World Health Organization, South East Asia Region Office, January 1998

A comprehensive analysis of the health situation of Thai women requires an understanding of women's standing in society, the economy and politics. To this end, this module provides an overview of women's status in Thailand.

Inequality between Thai women and men still exists in Thai society in several areas, however the former gaps in access to resources and opportunities have narrowed considerably over the last few decades. Thai women have maintained by far, one of the highest economic participation rates in Asia, working to help to support the family from a young age. With the rapid industrialization of the country, women have increasingly left the agricultural sector to work in industry and services, and today predominate in the former.

Regarding education, there have been marked improvements in opportunities for women over the past three decades and few significant inequalities exist in education today between Thai women and men. Enrollment at all levels of education are virtually equal however, traditional gender biases still prevail in fields of study. In leadership and influential positions, however, women still lag far behind men from the household to the political level. The trend has improved steadily albeit slowly.

(a) Laws and constitutional provisions

In 1995, following a long campaign by the women's movement, a provision specifically providing for equality between men and women was re-incorporated in the Thai constitution. First introduced in the 1974 constitution, the equality clause was then removed in the subsequent constitution of 1976, promulgated following a military coup in that year. The efforts of two female senators to enshrine women's rights in the Constitution of 1976, received insufficient support at that time. (124; 4) Section 24 of the 1995 Constitution now states: "All persons shall enjoy rights and liberties subject to the provisions of the constitution. Men and women shall enjoy equal rights. The restriction of such rights and liberties in violation of the spirit of the provisions of the Constitution shall not be imposed" (123; 23).

The inclusion of this provision is seen as having considerable moral impact in pushing government organizations towards non-discriminatory treatment for women. Any bill presented to either house of parliament can be referred by one-fifth of the House's members to the Constitutional Tribunal, and if found inconsistent with, or contrary to, the constitution, it will lapse. Cases before other courts may also be referred to the Constitutional Tribunal for consideration and decision. Its decision will be binding on all further cases relating to the same law. The legal appeal process has, however, been very rarely used, and the persuasive effect of the amendment will probably be more important (103; 12).

(i) Inheritance

There is no discrimination in Thai law regarding inheritance for females and males.

(ii) Land ownership

Broadly, Thai women enjoy equal rights to land ownership with men. In northern Thailand inheritance of assets, including land, was traditionally through the female line. There is, however, a particular problem within the law for Thai women with alien husbands.

Article 86 of the Land Law of 1954 states that only aliens of the nations which have mutual treaties with Thailand are allowed to own land. So far Thailand does not have a mutual treaty with any country. Article 74 gives power to the land officer to deny registration of any land ownership if the officer deems that such transactions are for the benefits of the aliens, which includes any foreign spouse (104; 12-12). Theoretically, this applies to both Thai men and women married to aliens. However, since Thai women are legally obliged to change their title and family name upon marriage, land officers can easily see they are married to aliens. Thai men, on the other hand, can claim that they are single and it is highly unlikely that any evidence to the contrary will be unearthed (103; 34).

(iii) Credit

There is no discrimination against women in access to bank loans, mortgages and other financial instruments. Traditionally, women have been responsible for family funds, so they are generally believed to be more responsible than men and hence may enjoy a small bias in their favor. Women with family responsibilities, particularly those who have been divorced or widowed, may however have difficulties in convincing lenders of their ability to meet both family and financial responsibilities (103; 52).

Under Thai law, both men and women must have their spouse co-sign any loan agreement. Both parties are then responsible for the debt.

The chief impediment for obtaining credit is the same for both men and women: poverty. Commercial institutions are unlikely to consider loans of less than 50,000 baht, and there are few other lenders except for "informal credit sources" such as pawnbrokers and local lenders, which charge very high rates of interest (103; 52).

(iv) Marriage and divorce situation

There are some important inequalities in Thai family law. Article 1445 of the Family Law states that sexual relations between an betrothed woman and another man gives her fiancee the right to terminate the engagement and to claim civil compensation from the third party. Women do not have the same right (104; 12-1).

A similar inequality is seen in divorce law. The Family Law provides two channels for divorce. For a consent divorce, the couple can register the divorce in any registry office. A judicial divorce, however, involves the filing of a lawsuit based on the grounds of divorce provided in Article 1516. There are ten grounds of divorce, nine of them applying equally to husbands and wives. The first ground clearly reflects unequal socio-legal expectations and unequal treatment. Under this provision, a husband can sue his wife on the grounds of adultery while a woman cannot use these grounds against her husband. She must prove that her husband has provided maintenance or honored another woman as his wife. (This provision was only added in 1974. Before that time women had no rights in this area.)

A further important inequality affects women's right to control their body and sexuality. Article 276 of the Criminal Code does not recognize a husband forcing his wife to have sexual intercourse as rape. It is considered as an ordinary assault, which carries a lighter penalty (103; 59).

Another continuing problem for women in Thailand concerns bigamy. In an attempt to transform from a polygamous to monogamous society, Thailand adopted civil marriage registration in 1935. The Family Law since then has required that marriage must be registered with the state registry office in any district throughout the Kingdom. The parties entering marriage must testify to registry officers that they are single before a marriage license is issued. Since the central marriage registration system has just recently been established, there is still no effective way to check people's marital status and double or multiple registrations of marriage are widely practiced by men. The law does not regard this act (bigamy) as a serious crime. There is only the petty crime of perjury to a registry officer (103; 62).

The Name Act of 1982 obliges women to register a change in title from Nang Sau (Miss) to Nang (Mrs.) and she must take the husband's surname. If she divorces she can go back to her maiden name but the title must remain as Mrs. (21; 37). A man's title only changes at the age of 15 from from Dek Chai (a boy child) to Nai (Mr). The title Nai does not indicate whether a man is single or married and thus men can easily conceal other registered marriages.

These issues impose extra and unequal burdens on women. Upon marriage, a woman must change all her personal records, particularly her house registration and identity card. If she fails to do this, it is considered a petty crime. Although this law is rarely enforced, fear of enforcement remains, and if a woman has not made the change she may be fined 200 baht every time she enters into a legal transaction. Alternatively, officials may refuse to carry out the transaction. This law has moreover, reinforced and perpetuated a traditional attitude that only sons can uphold and preserve the family's name and identity (21; 37).

Thailand's Nationality Act of 1965 was based on the traditional concept that recognized the man as the head of the family. This concept has made Thai women who marry aliens second-class citizens. They possess lesser constitutional protection than men, as well as presenting the land ownership difficulties discussed above. A Thai woman married to an alien does not have the right to automatically confer Thai nationality on her alien spouse. In order to become a Thai national, the husband must go through the whole complex process of naturalization and abandon his original nationality. In contrast, alien women married to Thai men can simply apply to the Ministry of Interior to obtain Thai nationality. No specific qualifications are required and they need not abandon their original nationality (104; 12-12).

(b) International Instruments

Thailand acceded to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1985, with reservations to five articles, namely Articles 9, 11, 15, 16 and 29. In 1990, the government withdrew its reservations on Article 11 concerning equal opportunities in employment and Article 15, concerning the equality of men and women before the law. In 1992, the reservation on Article 9 was withdrawn, following changes to the law determining the nationality of children of a Thai mother and alien father. Processes within Thailand to remove two further reservations have been completed: on Article 7 concerning the role of women in political and public life, and on Article 10 concerning educational opportunities (103; 6).

Two reservations remain. One is on Article 16 which concerns the elimination of discrimination in matters relating to marriage and family life. In mid-1996, the Cabinet approved changes which would have made the necessary amendments to the law to allow Thailand to withdraw this final substantive reservation, but this decision lapsed following the calling of elections. The other remaining reservation is on Article 29 which specifies that international disputes concerning CEDAW be submitted to the International Court of Justice, a reservation likely to be maintained by Thailand, as by many other countries (103; 7).

Thailand acceded to the Convention on the Rights of the Child in 1992. There are three reservations on Article 7, concerning names, Article 22, concerning child refugees, and Article 29, concerning education. None of these reservations are specifically related to gender issues.

B.2 National Machinery for the Advancement of Women

In 1989, Thailand established a permanent national machinery for the advancement of women, in the form of the National Commission on Woman's Affairs (NCWA). The mandate of the NCWA is to spearhead the advancement of women in Thailand. It is a young organization, having assumed independent legal status as a state agency with its own budget allocation and secretariat on 24 March, 1989. Prior to this, similar organizations existed in a variety of institutional forms (103; 8).

The main objectives/functions of the NCWA are:

- To submit policies and master plan for the promotion of women's activities, roles and status to the Council of Ministers for approval.

- To recommend guidelines for implementing plans and policies in accordance with the National Economic and Social Development Plan, as well as to coordinate and monitor implementation.

- To support and assist women's development efforts conducted by government agencies, state organizations, state enterprises and private organizations.

- To give comments and recommendations to the Prime Minister on the need for new or amended laws or regulations to promote women's activities, roles and status.

- To report to the Council of Ministers on the situation of Thai women at least twice a year (104; 13-3 to 5).

The NCWA has 30 members. Eighteen of these are representatives of government organizations, such as relevant ministries or departments, two represent umbrella non-government organizations and ten individuals are appointed for their personal skills and experience. Many of the members in the latter group are also active in NGOs. The NCWA meets three or four times a year and at these meetings considers primarily recommendations and reports from its subcommittees and it secretariat, the Office of the National Commission on Women's Affairs (103; 8).

The sub-committee structure of the NCWA is central to its work. Some committees are created on an ad-hoc basis, to deal with particular issues and events, but most are standing committees. These consider functional areas such as health, labor, education, family development and commercial sex issues, or are sometimes formed for a fixed term for a particular purpose, such as the committee that prepared Thailand's Report to the Fourth World Conference on Women.

As the NCWA has the responsibility for coordinating the national women's development effort, there are no specific focal points for the advancement of women in technical ministries. Instead, the NCWA works, particularly through its sub-committees, so for example, the NCWA Sub-Committee on Women's Health will liaise with relevant individuals and organizations within the Ministry of Public Health with regard to issues of particular concern.

The ONCWA, the Commission's secretariat, operates as a division within the Office of the Permanent Secretary of the Prime Minister. It has developed significantly since its creation. Beginning with a staff of only ten, and a 1990 budget of 1,796,700 baht, it has grown to a staff of 43 (as of March 1996), with a 1996 budget of 20,626,800 baht (103; 9).

Approval has been granted to raise the status of the ONCWA from a division to a department, which will lead to a significant increase in the rating of the position of Head of the Office. Overall, the change is expected to give the Office a stronger voice within the government and heightened public profile. Significant staff increases are not expected due to current restrictions which apply across the civil service (103; 9).

Together, the NCWA and ONCWA have conducted many activities over the past six years. Among their particular successes have been the opening to women of many official positions in which they were previously barred such as District Chief and General in the Armed Forces. The first female District Chief was appointed in February 1996 and six female officers from the three armed forces were promoted to the rank of General in April of the same year (124; 8)

Other achievements include major campaigns organized around the International Year of the Family which focused on the importance of fathers, and the removal of many of the reservations initially imposed on Thailand's acceptance of the Convention on the Elimination of Discrimination Against Women (103, 7). Other major programs have included the promotion of women's involvement in economic and political leadership, particularly at a local level; legal training of grassroots women; and promotion of fair and non-discriminatory media treatment of women (103; 8).

They have also been responsible for promoting the collection and dissemination of gender-sensitive statistics, and for ensuring effective networking and communication among GOs and NGOs working in women's development. To this end, the ONCWA produces a tri-annual newsletter (Sarn Satri), directories of organizations and individuals working in women's development, many reports of seminars as studies, and translations of important documents such as the Beijing Declaration and Platform for Action.

B.3 The Women's Movement in Thailand

During the economic boom in Thailand during the 1960s and early 1970s, a number of professional women's associations were formed, including those of female physicians, businesswomen and secretaries. These operated within fairly narrow limits to attempt to improve the position of women. More broad-ranging groups, the so-called 'progressive feminist groups' emerged in Thailand following the overthrow of the military dictatorship in Thailand in 1973. Students had an influential role in ousting the military dictators, particularly through 'the October 14th' incident. It was from this students' movement that university women's groups came into view.

Following their involvement in the national political arena, student groups became more diversified and specialized. Women's groups in universities shifted their focus from campaigning for justice for all to voicing women's problems. In 1972 a group of concerned women and men worked set up a 'semi-progressive' organization called the Group for the Promotion of the Status of Women (now registered as an association). The International Women's Year (1975) played an essential part in shaping the direction of this and other similar groups (125; 29).

Two significant women's groups, Friends of Women and the Women's Information Center (the latter is now called 'Foundation for Women'), were formed during the early 1980s in Bangkok. These were among the first Thai groups influenced by the world-wide feminist movement. Subsequently, other small action-oriented groups made their emergence. For example, the Hotline Center, with its focus on phone counseling and self-defense courses for women, was founded in 1985. Another group called EMPOWER was founded in 1986, with the aim of providing education for women working in red-light areas (125; 30-31).

Activities of non-government organizations vary by their objectives and organizational structures. There are groups whose aims are to promote women's status and protect women's human rights such as Foundation for Women and Friends of Women Foundation. Some, for example the Hotline Center Foundation and ACCESS, provide women with counseling on family and health problems, including HIV/AIDS problems. Others, such as the Women Lawyers' Association of Thailand, provide legal advice and aid to women with family-related legal problems. There are also a few places like the Emergency Home for Women and Children run by the Association for the Promotion of the Status of Women which provide temporary shelter for abused women and pregnant women without family support. A few groups like EMPOWER work to provide informal education and training for women in the sex industry. There are also organizations such as the Gender and Development Research Institute (GDRI) which focus on action research on gender issues particularly in the fields of politics, administration and democratic development as well as publishing sex disaggregated data as a tool to effectuate policy changes.

Women's studies began in Thailand in the early 1980s, with support from Canadian funding agencies. Thammasat and Chiang Mai Universities were the first institutions to set up women's studies projects at the higher education level. Since then, interest in women's studies has expanded considerably. Currently, seven universities have women's studies projects or centers: two in Bangkok and five in the provinces (104; 47-48). However, much more needs to be accomplished in bringing these women's studies projects and centers into active operation. The concentration thus far has been on introducing a gender perspective to general courses. Work is also in progress at all these women's studies centers to initiate women's studies courses. No specific degree has yet been granted in the field of women's studies in any university in Thailand (103: 38). Many books and publications have been produced by the NCWA for use in various courses offered at Thai universities.

The women's movement in Thailand has been characterized by close cooperation between NGOs and government workers. Together, they have campaigned and achieved some progress in the eradication of legal discrimination against women. Progress has been made possible mainly due to the pressure from local women's organizations and the international influence of the UN Convention on the Elimination of All Forms of Discrimination Against Women (123; 22).

The push to incorporate an anti-discrimination provision in the constitution was another major focus, which succeeded in February, 1995. Spearheading the initiative were the GDRI, the Gender Watch Group, and the NCWA. They organized signature campaigns, the sending of postcards to Members of Parliament and organized meetings and discussions with key change agents. (124)

B.4 WOMEN'S STATUS IN FAMILY AND SOCIETY

In the past, most rural Thai families were of the extended type. At present, due to social change and development, new Thai families tend to be nuclear. The 1990 population census showed that nuclear families made up 67.6 per cent of the total, with extended families comprising 26.2 per cent of extended families. In Bangkok 66.9 percent of families were nuclear and 21.0 percent were extended (72).

The change in family structure, combined with decreasing fertility rates, has contributed to reductions in the average size of households. In 1987, the average household size was 5.6 whereas in 1995 it was 4.5 (72). It is predicted this will fall to 3.7 by 2005 (103; 5).

(i) Son preference

The most recent and comprehensive study on this issue found that parents were not concerned about the sex of their children (167). A large survey in Bangkok showed that the majority of respondents were indifferent with regard to their child's sex (69.4 per cent). Parents desiring a son slightly outnumbered those wanting a daughter. Another study found that in all except the central region, more women expressed the desire for a daughter.

Historically, however, the situation was different. Suwanatas (171) studied low income groups in urban areas and found that in the past, every family, regardless of its social status, preferred sons to daughters. The main reason for son preference was that a son had more opportunities to participate in religious activities. But the study found that the strength of the sex preference has declined. Parents in middle class families expect their children, both sons and daughters, to support them in their old age through psychological and behavioral practice rather than financial support. Parents in low income families expect their children to assist them economically from a young age, and also hope they will continue the family heritage.

Among the Muslim minority in the southern Thailand, however, there is evidence of a slightly stronger son preference. Pongpaiboon (166) noted that due to Muslim laws of inheritance, in a family without a son, when the male head of household dies, the property passes on to more distant relatives. Having daughters has also led parents to fear possible gossip about their sexual behavior. The study found, however, that as in the rest of Thai society, acceptance of gender equality was increasing.

(ii) Female infanticide

Female infanticide and selective abortion of female fetuses are not known to occur in Thailand.

(iii) Social attitudes towards girl children

Studies have shown significant differences in child-rearing practices for sons and daughters, both historically and in the present, but these differences relate primarily to socialisation rather than access to food, health care and other expenses, as will be discussed below when the health of girl children is considered. The socialisation practices, however, vary significantly by region, due to differing social histories.

Santasombat (168) studied the treatment of daughters in northern farming families. In these communities, women were the producers and centers of the family. After marriage, men stayed with their wives' families. The girls were thus raised to be diligent, to be responsible for household chores, to work on the farm, to take care of the family budget, to follow their own traditions, and to obey and show gratitude towards their parents. Parents expected sons to become monks to make religious merit for their parents and to contribute significantly to farm labor until marriage.

Other studies have found a similar emphasis on training girls in household management and childcare. Frequently this means that all of girls' time outside school is taken up by such tasks, while their brothers have more opportunities to study, play and move around the community freely. It also means, however, that girls are prepared from an early age to assume responsibility and develop management and organisation skills, which their brothers may not. (104; 3-7)

(iv) Seclusion and segregation

In modern Thai society, seclusion and segregation of women is not practiced.

(v) Polygamy and Early Marriage

In Thailand, the legal marriage age is 17 years, although marriage between individuals under 20 years of age still requires the consent of their parents. Individuals aged between 15 and 17 may marry with the consent of a parent or guardian and the court. Section 277 of the Offenses Relating to Sexuality in the Criminal Code also states that if a man has sexual intercourse with a girl aged between 13 and 15 years of age, with the girl's consent, the Court may grant the couple the right to marry and the man will not be punished. (103; 63) Cases involving this provision are, however, extremely rare.

In fact the minimum age of marriage as provided by law is of little relevance, as most Thai women are considerably older than this before marriage. Women's Singulate Mean Age at Marriage (SMAM) in 1970, 1980, and 1990 was 20, 22.8, and 23.5 years, respectively. Men traditionally have married somewhat later, with the SMAM in 1990 being 25.9 years. Rural women tend to marry at a younger age than their urban counterparts (26.5 vs. 22.6 years), while Bangkok women have the highest SMAM (27.2 years) and northeastern women the lowest (22 years) (72).

Historically, male polygamy was socially well accepted, while women were expected not only be monogamous, but also totally faithful to their husbands. Despite the fact that polygamy is now illegal, as noted above, sanctions within the law are not strong and many men continue to practice polygamy, both openly and secretly, causing considerable family disruption (158; 146). In cases of bigamy, second and subsequent wives are not entitled to any of their husband's property, and may suffer from effective loss of joint property, because the union is illegal (103; 62).

(vi) Status of widowed, divorced or separated women

The rate of divorce in Thailand has been rising in recent years, from 4.4 per 100 marriages in 1960 to 8.1 in 1980 and 9.6 in 1993. The highest rate of divorce is within Bangkok, 24.7 per 100 marriages, but there are also considerable differences between rural areas, with the rate in the north (10.6/100) being considerable higher than in the northeast (5.4/100) (103, 5)

Widowed women make up 7.2 per cent of women in municipal areas, lower than in non-municipal areas at 9.9 per cent. The divorce and separation rates in the municipal area were 1.1 and 2.5 per cent respectively and 0.9 and 1.8 per cent in non-municipal areas. These rates were fairly uniform across regions, although Bangkok had a lower percentage of widowed women (72, 22).

The percentages of widowed, divorced or separated women were two to three times higher than that of men. Widows formed 9.4 per cent of the population, but widowers only 2.8. The divorce rate for women was 0.9 and for men 0.5, while the percentage of separated women was 1.9, compared to 0.9 for men. It appears thus, that men are more likely to re-marry after marriage dissolution.

Widowed women do not suffer any stigma in Thai society. Those whose marriages have ended in divorce or separation may suffer some social penalties, in that traditionally, Thai society has regarded it as the woman's responsibility to hold a marriage together. However, most studies have shown that divorced women (there is little information on separations) do not suffer significant social stigma, although they may encounter financial difficulties and problems in adequately caring for their children.

Hongmanee (158) studied the impact of divorces using Registrar Office data. The sample consisted of 463 divorced women and 926 married women from nine representative provinces. This study found that more than half of divorced women gained a better social standing after being divorced. Twenty per cent of them indicated that they were disgraced. Those who worked for the private sector, self-employed, employees and unemployed, indicated that there was no change after divorce. Sixty two percent of divorced women working in the government sector indicated dramatically improved relationships with their relatives, although 67 per cent of them showed that their relationships with ex-husbands' relatives worsened. Eighty one percent of these women said they had more freedom and half of them felt more secure financially. Only 33 per cent of divorced women indicated that their psychological condition had worsened.

However, the study did find that women of low economic status tended to suffer financial hardship after divorce. Those who belonged to a high social class were least affected. (Most divorced women were middle class and poor, 55.9 per cent and 28.4 per cent respectively). Most divorced women did not have sufficient savings upon which to build a future. Thirty six percent of these women received half of the family assets. Only 5.8 per cent of women were given their full entitlement. Most (82 per cent) did not get any financial support from their ex-husbands. Financial difficulties were exacerbated by responsibility for bringing up children. Sixty seven percent of divorced women had to take care of the children and 22 per cent of them shared responsibilities with ex-husbands.

(vii) Access to household property and participation in household decision making

As in many countries, the proportion of households headed by women has increased significantly in recent years, as a result of migration by male household heads, increased rate of marriage breakdown, and other social changes. The Social and Economic Status of Households Study in 1992 (172) showed that out of 16,000 households randomly sampled from four regions and Bangkok, 20.2 per cent were headed by women, whose major sources of incomes were from labor and salaries (37.8 per cent), followed by profit from their own businesses, including agriculture. In the rural areas, agriculture was the most important source of income for the majority of these households.

Even in households which have traditionally been considered male-headed, women have an important role in decision-making, particularly economic decision-making. Limmanond (161) in a large sample study from Bangkok found that women would individually make small economic decisions about daily expenses and child care. However, both husband and wife would share responsibility for major decisions such as a new investment, the number of children they should have, and the children's education. (As already noted, the law requires the assent of both husband and wife in the taking of mortgages, land purchases, and so on.) These findings reflect the historical reality that Thai women traditionally played significant roles in household decision-making, even during old age (104; 7-3). Entry into the labor market has strengthened this power.

(viii) Policy Measures

Concern about increasing rates of family breakdown, juvenile delinquency, and related problems have led to a significant government policy focus on families. Rather than concentrating on women's position, most of these policies and campaigns have focused on encouraging men to take a more responsible role within the family. Among the campaigns have been those discouraging the following: polygamy, the taking of minor wives and the use of commercial sex services. Slogans used included "One Man, One Wife". Campaigns have also concentrated on enhancing the role of fathers in bringing up their children. (103; 9) Both of these campaigns have used a wide range of mediums, from bumper stickers and pamphlets to radio and television spots to attempt to reach a broad cross section of the population. The government declared April 14, during the traditionally family-orientated Songkran (New Year) Festival, as Family Day, as a continuing focus for such programs.

Government policies and programs to enhance women's status in society through the work of the NCWA are outlined above, while more information on promotion of women's role in public life is included in section 3.7.

(ix) NGO Campaigns

Non-governmental women's organizations have worked together with the government in the efforts outlined above, conducting supplementary and complementary campaigns.

B.5 Women and Education

Historically, women had fewer educational opportunities than men, due to the fact that most pupils were schooled by temple monks, who were not allowed to be close to women. Therefore, most women only received training in household chores, handicrafts and occasionally in other occupations, normally from a senior member of their family. Increasingly from the 1860s onwards, girls from higher class families did have opportunities to attend secondary school and sometimes university. From 1932 onwards, the national education policy emphasized equal access to primary education for both sexes. (104; 47-9)

(i) Illiteracy Rates

Thailand has succeeded in significantly reducing illiteracy rates among both women and men over the past few decades. The rate of illiteracy, among females aged 15 and above in 1995 was 8.4 per cent (56). The rate of illiteracy for men in the same year was 4.0 per cent. Although women still comprised 62 per cent of the total illiterate population aged 6 years and above in 1990, the gap has been reduced, with the current statistics reflecting historical inequalities in access to primary education, rather than the present situation.

(ii) Enrollment Rates

Recent statistics and indicators on education, such as the numbers of students enrolled at various educational levels, indicate that the present generation of women and girls has almost equal access to education with the same conditions and curricula as men and boys (153). In 1993, the gross primary school enrollment rate for girls was 97 per cent while that for boys was 98 per cent (110). At the secondary school level, the enrollment rates for young women and men were equal at 49 per cent (101). Schools in Thailand are mostly co-educational, and the few single-sex schools in Bangkok are fairly balanced in terms of numbers of schools and students.

At the tertiary level, the situation of near equality in overall participation remains. In 1993 women comprised 53.9 per cent of bachelor degree graduates at public universities. In postgraduate studies women were still in the minority, comprising 46.8 per cent of masters graduates and 44.2 per cent of doctoral graduates (103; 38). In vocational education, male enrollment accounts for 63 per cent of total enrollment due to the importance of such qualifications in such traditionally male areas as mechanics and engineering. (101; 39) The high degree of gender stereotyping in subjects studied at the tertiary level is discussed below.

(iii) Drop-out rates

As the above data indicates, girls and boys have approximately equal opportunities to complete each level of education, although opportunities for boys remain marginally higher at all levels. As noted above, concern remains about the relatively low level of continuation between primary and lower secondary levels. As recently as 1992, only 49.96 per cent of girls and 51.22 per cent of boys graduating from primary school went on to lower secondary school. Secondary school gross enrollment levels were 30 per cent for boys and 28 per cent for girls in 1980 and these rates had risen to 49 per cent in both cases in 1994. (153) Sex disaggregated statistics for 1996 are not yet available, although it is believed the overall progression rate to lower secondary has risen to around 60 per cent.

The reasons for this low rate of progression for both boys and girls are largely economic, with families needing the labor or income of their younger members, or being unable to support the cost of their continuing education. A 1991 study also revealed that, at all school levels, girls are more likely to drop out of further education if there is a pre-school age child in the household. Demand factors may also have some impact, particularly as noted above, with strong dem

and for the labor of adolescent girls in manufacturing and service industries. Several studies on educational investment (155; 157) have also found that agricultural households are far less likely to make a significant investment in the education of their children. These studies also showed that in families with limited resources, parents prefer that sons undergo further education rather than daughters, although as the above figures indicate, these attitudes do not appear to have a significant impact on actual retention rates. They may however have a significant impact on certain groups in society, such as hilltribes, where female educational opportunities remain significantly below those of males.

(iv) Opportunities for Further Education

Continuing education, which involves a wide variety of courses offered by the Department of Non-Formal Education, is an important part of the national policy to increase the overall level of education of the population. It provides the opportunity for women and men who may have in the past been denied formal education opportunities to expand their education and possibly prepare for further formal education (153).

The Department has recognized the particular importance of its programs to women, and has formulated a framework for providing lifelong educational for women which is relevant to target groups and supportive to inter-organization networking and coordination. It seeks to develop a combination of local wisdom and modern technology. To implement this program, the department has established four regional centers for the promotion of lifelong education for women to serve each major region of the country. Figures from the department (for 1992) indicate, somewhat surprisingly, that women formed only 46 per cent of the students enrolled in functional literacy courses, despite their predominance among the illiterate population, as discussed above. Overall women dominate most classifications of non-formal courses, being 56.7 per cent of vocational certificate graduates, 60.9 per cent of vocation course graduates, and 50.4 per cent of distance education graduates. Only in classroom adult continuing education courses are they under represented (39.8 per cent), reflecting most probably the difficulties they find in meeting attendance requirements for this type of course in view of other, particularly family, responsibilities.

(v) Promotion Policies

As noted above, the Thai government is directing considerable resources into increasing retention rates, particularly for lower secondary education, for both girls and boys.

(vi) Successful Projects

A large number of projects are being conducted by both the government and NGOs in northern Thailand, particularly targeting girls who are at risk of entering the commercial sex industry. These projects typically offer scholarships to fund the cost of secondary and vocational education for girls judged to be at risk because of family circumstances (e.g. broken families, other members of the family in the sex industry), poverty, or other factors. In the government projects, although significant funds have been made available, there have been some difficulties in ensuring effective and timely distribution of money.

Some NGO projects have concentrated on offering not only financial support, but also counseling and other services, sometimes including accommodation, designed to ensure that girls are fully supported and as far as possible protected from agents and pimps. These projects are generally recognized as being successful in protecting the girls in the program and keeping them within the education system (154).

(vii) Gender Stereotyping

In recent years there has been increasing realization about the degree of gender stereotyping within the national education system, both in terms of the subjects studied, and the images of male and female roles presented to students. Considering the latter, recent studies by the Thai National Focal Points and NGOs have focused on stereotypes about the role of male and female at all levels of Thai education system.

In a major NCWA project, Xuto (156) showed that significant stereotyping exists in the textbooks used in all primary schools. In those textbooks, male characters appeared twice as frequently as female characters. Overall, men and women were presented in different and unequal roles, with women being less important and supplementary to men. In pictures and text, men appear as the head of the family and breadwinner whereas women were generally presented as housewives, cooking, cleaning and caring for children, and as supplementary income earners in low-income families.

At present, the Department of Curriculum and Instruction Development, Ministry of Education together with the NCWA are reviewing the situation and hoping to work with preparation teams, writers and advisors. It is hoped this program will increase their awareness of gender issues and improve the depiction of women and men in all new text books.

Considering how the presence of gender stereotyping influences the choice of study area, while there is no information on subject choice in secondary schools level, there is bountiful evidence of such stereotyping in all parts of the tertiary education system. In formal vocational and technical programs, in 1992, women comprised only 3 per cent of the students in industrial mechanics programs, and 20 per cent of the students in agricultural courses. In contrast, they constituted 97 per cent of the home economics students and 90 per cent of students the commerce courses. (101; 39) (Commerce, accounting and related areas are seen as traditionally female area of study and work in Thailand.)

Undergraduate statistics reveal similar divisions. Female students dominate in humanities, social science and health-related courses. Men, in contrast, heavily dominate law, engineering and agricultural and related courses. (101; 41)

In most cases, the choice of courses by female and male students is based on the stereotyped views of students themselves and of students' parents ideas about the most appropriate courses for their sons and daughters. A seminar conducted by the NCWA among young women confirmed the importance of parental attitude, as did a related seminar of career and vocational guidance counselors. Its participants indicated that families were usually a conservative influence, tending to direct girls and boys towards traditional gender-stereotyped areas of work or study. (103; 38)

B.6 Women and Work

(a) Labor Force Participation

Thai women have played an essential role in the development of the country through their participation in the labor force. Chongsathityoo (140) concluded that Thai women have had a greater role in economic development than women in any other Asian country. This is the result of the nation's economic, social, and cultural characteristics. Historically, women were seen as important contributors to the family income, particularly through their agricultural labor and small-scale trading. The demand for their labor in the new industrial economy thus easily fit to the social system. These factors paved the way for women to participate in many different sectors of the labor force including agriculture, industry, and services.

(i) Labor Force Participation Rates

As noted earlier, over the past decade Thailand has enjoyed an annual growth rate of over 8 per cent. This growth was based on the expansion of the manufacturing, service and tourist sectors, in which female labor is predominant. In each of the five leading export industries - electrical machinery and parts, textiles and ready-made clothing, chilled frozen and canned food, precious stones and jewelry and footwear, women comprise not less than 75 per cent of the workforce, a figure which rises to almost 90 per cent in the food sector (126; 7).

According to the data collected by the NSO in 1991 female workers accounted for about half of the total of 29 million workers in the country and the participation of female workers was higher in non-municipal areas than in municipal areas. In 1995, women formed a higher proportion of the unemployed population at 55.4 per cent (142).

Figures from the National Statistical Office indicate that 61.2 per cent of all Thai women aged 13 years and above were economically active in 1995. Women's economic participation rate remains lower than men's for all age groups (104; 19) with the exception of women aged 13 to 19 working in urban areas. In 1992, the number of women aged 13 to 14 working in urban areas was almost double that of men in the same age range due to high rural to urban migration rates among young women (124; 55). The demand for female domestic workers, factory workers and service workers has created many opportunities for women to begin work, often at a younger age than their male counterparts (103; 37).

(ii) Formal and Informal Sectors

The fact that the informal sector is defined in different ways by different researchers presents some difficulties in considering women's involvement within it. It can, however, be broadly said that the informal sector includes micro-enterprises, sub-contracting, homeworking, unstructured agricultural employment and other small industries to which regulations about minimum wages and conditions either do not apply or are not commonly applied. Whatever the definition used, authors generally agree that women make up the majority of workers in the informal sector in Thailand.

Sirisambhand (143) concluded that in 1991 there were about 1.5 million women employed in Bangkok. About 65 per cent of these workers, or almost one million women, were employed in the informal sector, including sales workers, craftspeople and service workers. More than half of this number were employed as private employees in craft and production processes and services. A further large percentage were unpaid family workers (about 300,000 women).

A major part of the informal sector includes self-employed workers such as street vendors, recycling collectors and workers in similar areas. When involving more than one worker, these are termed micro-enterprises. One study of over 400 such enterprises in Bangkok found that two thirds were headed by women, and nearly half of these women were the main income earners for their families (144). They faced many risks created by the informal nature of the employment, with no security nets in case of sickness or injury, and no legal structures ensuring continuing employment or availability of facilities such as vending space (144).

Over the past decade the availability of employment in the form of work completed in the home (or sometimes in communal spaces), on an unstructured basis has grown significantly. In part this has been due to the shortage of labor prepared to work in the factory environment, and also because of its advantages to manufacturers, who can often avoid controls such as minimum wage rates, holidays and sick pay, as well as having a workforce which is fragmented and easily controlled.

A broad study in the late 1980s by Lazo (145) found that in almost all of the major homeworking industries - including clothing, artificial-flower production, wood carving, gem cutting, umbrella making and wickerware, women predominated. Knife-making, which has been traditionally viewed as a male trade, was the only industry in which men outnumbered women. Homeworking is attractive to many women because of its flexibility, and their ability to continue it in conjunction with childcare and other domestic responsibilities. Homeworkers are mostly rural residents, commonly in the 31-40 age bracket, with little or no education and training. They are supplied with raw materials or partially-finished items, and paid on a piecework basis. Formal contracts between workers and suppliers are rare, so there may be considerable difficulties in enforcing fair payment for work completed, a situation further complicated by ties of obligation or patronage which may bind the two parties. Due to the piecework nature of the work, no employment regulations, such as minimum pay or sick leave, are involved, and workers tend to labor for long hours in an attempt to make as much money as possible (145). Another study showed there are particular difficulties for migrant women to manage micro-enterprises, due to their lack of funding, experience and contacts or support networks (143; 17).

(iii) Categories of Female Workers

Female workers can be divided into five categories; employers, government employees, private sector employees, self-employed workers or family-employed workers. Women accounted for only 17.91 per cent of employers in the 1995 Labor Force Survey, but 69.22 per cent of unpaid family workers. (124). When employment status was broken down by occupation, the proportion of female workers was higher than male in trading and services, but were lower in administration, transportation and communication, agriculture, and skilled labor. The proportion of female and male workers in professional and clerical occupations were similar. (101)

(iv) Distribution of female labor

The Thai labor force is significantly segregated by sex, with women being concentrated in certain sectors and occupational groups, and almost absent from others. Thus, as noted above, women comprise more than 90 per cent of workers in food processing, related to traditional female labor, but there are very few female mechanics and engineers.

Within the civil service, the MOPH has the highest proportion of female workers, 75 per cent, followed by the Ministry of University Affairs whose female workers account for 74 per cent of the total staff. The Ministry of Agriculture and Cooperatives has the lowest proportion of female workers, 28 per cent, followed by the Interior Ministry, 33 per cent (101).

Among professional workers, physicians and nurses have the highest proportions of female workers, 72.6 per cent, followed by social workers, social welfare workers, behavior modification and control workers, and community development workers, 66 per cent; workers in the financial, economic, trading and industrial sectors, 61 per cent; general administrators, statisticians, legal service personnel, and international affairs personnel, 55 per cent; while only 4 per cent of engineers, architects, and mechanics are female.

(v) Managerial and Administrative Positions

In 1993, there were 345,553 civil servants, of whom 54.8 per cent were female, but they remain concentrated in the lower ranks. They comprised 60 per cent of workers at the lowest levels of 1 to 3. At the middle administrative rank of level 8 they comprised 20 per cent and at level 10 only 6 per cent. There were no female civil servants at the highest level (101). Since then, there have been increases in the percentage of women at higher levels, up to 11.92 per cent of level 10 and 4.0 per cent at level 11 in 1997. The percentage of female government officers at higher levels is gradually increasing, due to greater entry numbers, selection on merit rather than purely seniority-based systems and the fact that men are more likely to seek the higher salaries available in the private sector.

Women are also significantly under-represented in managerial and senior administrative levels in the private sector. Statistics for a major commercial bank for 1995 showed that there were 442 male executives, but only 190 female. There were 329 male branch managers and only 34 women in this position. At the level of assistant manager, there were 207 women compared to 149 men. As is the case in the civil service, however, the position is improving slowly, with the percentage of female executives rising from 22 in 1991 to 30 per cent in 1995 (104; 44-5).

Limited access to training is one major factor preventing women's promotion. Research has shown that, in factories for example, perceptions that men are more able to handle machinery and supervisory roles may give them access to better jobs. Social attitudes about what is "appropriate" for women may deny women these opportunities. The tendency to appoint men to manage or supervise extends right through society, and has been described by one author as the "teak ceiling". (102; 114)

Women's historically lower access to education has supplemented and contributed to their lack of training and promotion opportunities. Most working women in all occupations have completed primary education but only 10 percent hold bachelor degrees. This pattern is the same for workers in government sectors, where the proportion of female workers (compared to males) who earned certificates in basic and advanced vocations is more than 50 per cent, but, those with masters and doctoral degrees account for only 40 and 23 per cent of the total workers respectively.

(vi) Unemployment and Under-employment

Unemployment levels in Thailand, as noted above, are generally very low. Data collection, however, classifies anyone who has worked at least one hour in the past week as "employed", so these figures may hide considerable underemployment, particularly in rural areas, where farm work may be a more than full-time occupation at some times of the year, but be very light at others. Lack of choice may also force workers to accept low-paid or unpleasant employment (103; 41).

An issue which has gained prominence in the last few years is the problems faced by older female workers in the industrial sector. Increasing automation and the drive to increase productivity in the face of strong international competition has led to the introduction of higher levels of technology. As a result, many older female workers, generally with only four or six years of primary education, but 20 or more years' experience in industry, have been laid off. (146; 3) Sometimes this has been used as an excuse, rather than a reason, for the lay-off of such workers, with employers preferring lower-paid younger workers, who they believe will be more productive (103; 46).

Those women laid-off because of technological change are not being re-trained, but instead replaced by younger workers, often males with secondary or technical training, because of employers' assumptions that males are more capable of operating complex machines. The laid off female workers often return to their home village and take up homeworking, or other informal employment such as vending or food selling, but this is often not their preferred life choice.

(b) Working Conditions

(i) Income

The minimum wage in Thailand, set at near-annual intervals, with differing levels for Bangkok and its surroundings, and the rest of the country (a recognition of differences in living costs) is the same for both men and women. There is also an equal pay statute stating that male and females should be paid equally. No law suit has ever been placed before the courts and the law appears at present to be unenforceable (103; 47).

In reality, there are significant pay differentials between male and female workers, in part because women are more likely to be employed in low-level positions. Furthermore, while women may be doing the same or similar work as men, they are often employed under a different title or classification. Also women are more likely to be homeworkers or involved in the informal sector of the economy where the minimum-wage rates are not applied (103; 45).

The 1995 Labor Force Survey categorized the salary levels of workers into three groups: low (less than 2,000 baht monthly), middle (2,001-19,999 baht monthly), and high (more than 20,000 baht monthly). Women were disproportionately represented in the low income group in all sectors, and significantly under-represented in the high income group. In municipal areas, women comprised 62 per cent of workers in the low income group. In contrast, they formed only 29 per cent of the high income group. The proportion of women and men among lowly-paid non-municipal workers was almost equal at 51 per cent and 49 per cent respectively, but there was a significant difference among the high income non-municipal group, in which women comprised a mere 18 per cent (142)

(ii) Working Hours

Standard working hours in Thailand are eight hours per day, but many workers are known to spend far more time than this in their occupation. One study found that women in the agricultural sector who comprise more than half of the total of female workers, worked more than 50 hours per week (104; 4-2). Another study found that women in rural areas of Thailand worked, on average, 11 to 15 hours daily, and this did not include the time they spent nurturing their children. Furthermore, most of this labor was unpaid because it was done for a family business, in which the women must participate (104; 4-2). Another study found that women working in brothels (the sector of the sex industry with the worst working conditions), on average, served six clients in a 12 hour day (148).

(iii) Transport and Housing Allowances

As noted above, the minimum wage in Bangkok and surrounding areas is set at a higher level than in the rest of Thailand. This is designed to recognize the fact that housing, food, transport and other expenses are more costly in this region. Outside this region, Thai workers, at least in lower-level occupations, are not normally paid transport or housing allowances, although accommodation is not infrequently supplied. Free or heavily-subsidized accommodation is available for many civil servants, particularly teachers, military and police, and workers in remote areas.

Construction workers most frequently live on the site where they are working, in rudimentary accommodation built by themselves with material supplied by the employer. Factory workers are frequently provided with dormitories. In one study, 71 per cent of women working in the factories lived in the factories' dormitory. Most of these workers lived in poor conditions with insufficient bathroom and toilet facilities (148).

Women's Time Use Patterns

Information on working hours, as given above, comprises the bulk of data available on how women in Thailand spend their time. There was however one study which found that among workers in rural areas, men spent 2,294 hours per year working on agricultural production and women 1644 hours. But housework took the women's work burden total to 3894 hours per year, while the men made no contribution to household labor. Another study showed that men regarded housework as a "light" and boring job, that was the sole responsibility of women (104; 3-4).

The latter finding confirms general beliefs that Thai men take little or no role in most household chores. More affluent women rely on domestic employees and their extended family network to assist with household chores and child care, but these resources are being eroded by the breakdown of the extended family and the shortage of domestic labor which is being lured instead into factories and service industries (21; 19).

The lack of support from their spouse, and/or unavailability of child care facilities, means many women working in municipal areas after migrating from rural villages are forced to leave their children behind, usually in the care of grandparents or other relatives. Alternatively, they may use highly informal arrangements with neighbors and friends, or with unregistered local child-minders. There are concerns that either choice can lead to increased rates of family breakdown, juvenile delinquency and psychological problems, as well as being very stressful for the female workers concerned.

(d) Female Child Labor

(i) Extent and Activities

In 1993, out of the total female population of 3,059,200 in Thailand, 1,798,200 aged 15-19 were entering the labor market, and 1,730,300 of them had a job. There were 15,200 employed girls aged under 15 years (142). The proportion of girls aged 13-14 years entering employment was higher than that of boys. Thirteen percent of girls under 15 living in municipal areas were working, while 24 per cent of those living in non-municipal areas were employed. These proportions were the same for the 15 to 19 years group (142), reflecting higher secondary education rates in municipal areas. These girls became unskilled laborers in the industrial sector or worked in non-formal industries, family industries and small-scale industries with fewer than 20 employees. Labor Department inspections in 1994 showed that of 27,066 premises throughout the country, 1,399,176 workers were screened. Of these, 719,971 were women (18 and over) and 8,976 were children. Of the latter, 230 were younger than 13 years of age, 1,184 were aged 13 to 15 and 7,562 were aged 15 to 18. It is not considered that these figures reflect the full rate of participation of children in employment, since child laborers are believed to be over-represented in the informal system and are not protected under the labor laws.

Demand for child labor has been increasing in recent years because some work is considered more appropriate for children than adults (for example that handling small objects for which smaller hands are an advantage). Furthermore, children are believed to be more obedient to supervisors, and they can be paid less than adults. Girls are more in demand than boys because of lower payment. Most of this employment is non-skilled industrial work, particularly in textile and canned food industries and with both open and disguised sex businesses (21; 19).

(ii) Child Labor Eradication Measures

Child laborers are defined in Thailand as workers aged between 13 and 18 years where employment of children aged 13 and above is accepted. This definition differs from that of the International Labor Organization, which defines child workers as those aged 15 years and under. To bring Thailand in line with international norms, the Labor Department is now trying to amend the child labor law, changing the minimum age for children to begin work from 13 to 15 years. In order to correspond to new child labor laws, the government has extended compulsory education from six to nine years, allowing children who have finished grade six to have a chance to continue their education until 15 years of age. This system is now on a trial run.

(iii) Child Labor Protection Acts

Both male and female child workers (those aged 13-15 years) are covered by special provisions of the labor law. Under the law, child workers are not allowed to do work that will inhibit their growth and development, they must not be employed in work hazardous to health or in a potentially dangerous environment (this provision covers workers up to 18 years), and they are not allowed to work overtime or on weekends. They are entitled to training leave with pay. Any premises with more than 10 child workers must provide them with informal education. The law also states that recreation areas must be made available for children and they must be given their full and fair wage, with no deductions or payment to other people.

Having been passed by the House of Representatives and the Senate, a new law which will raise the minimum age of employment to 15 years is now undergoing final examination before being put into effect. The law also tightens restrictions on working hours for children aged from 15 to 18. (149)

(e) Policies and Laws

(i) Maternity benefits

The legal and practical position of female workers with regard to maternity leave has improved considerably over recent years, as the result of a prolonged campaign by unions and women's groups. The law now provides for 90 days of paid maternity leave for all workers who have been continuously employed for more than 180 days. In the public sector, these funds are provided by the employing agency, while private sector employers are obliged to provide 45 days' pay, with the remaining money being provided from a social security fund (103; 47).

It is generally recognized, however, that in the private sector women may be unaware of their rights or may find it difficult to obtain their entitlements. Many employers either simply ignore their responsibilities, or operate employment systems that allow them to skirt the provisions of the law. For example, a survey of major factories around Bangkok found that around one in four workers was employed as a casual or temporary employee, and therefore not eligible for the benefit (102; 103). Additionally, while the law does make dismissal on the grounds of maternity illegal, no case has ever been brought against an employer for such a dismissal (103; 47).

It might also be noted here that there is no provision within Thai law forbidding employers from specifying employees must remain single. To give just one example, bus conductors (mostly female) must be single. This may create particular problems when such workers form families, but do not register their marriage, leaving their own and their children's status uncertain (103; 47).

(ii) Child Care Support

There is no formal, government system to provide child care support. Many large employers, including the civil service, provide funds to assist with the cost of schooling for workers' children and there are limited examples of individual workplaces providing limited services.

(iii) Protective Legislation

Legislation designed to protect female workers, governing such matters as night work, lifting heavy weights and similar matters exists, but is not enforced.

(iv) Other Social Support

There do not appear to be any relevant government programs which might be included under this category.

(v) Employment Guarantees

As unemployment has not been a problem in Thailand for a considerable time, there are no specific government programs designed to address it.

(vi) Unemployment Support and (vii) Social Security Benefits

A contributory social security scheme was established in 1990, for the first time providing access for the majority of workers to limited sick pay, long-term disability payments, and funds for families affected by work-related deaths. It is planned that in the future, unemployment and retirement benefits will also be provided, but at present most citizens still depend on family support in such circumstances, and the family overall remains the most important foundation of individuals' social security. A limited number of relatively high-level employees of both the public and private sector have enjoyed retirement benefits and disability/death insurance schemes for many years, but only a relatively small number of women have been in a position to benefit directly from these schemes (103; 52).

The Thai population aged 60 years and over is expected to rise from 4 million in 1990 to 8.4 million in 2015. With this expected rise, increased attention has been paid to the issues of old-age pensions, and to the question as to whether families will be able to continue to care for older members, as they have in the past. These issues of particular concern to women due to their considerably greater average life-span (150; viii).

(viii) Anti-Discrimination Provisions

There are no legal provisions in Thailand forbidding discrimination against women in employment. This has meant women have been clearly discriminated against by employers without any means of redress. In many cases, women are forced to retire earlier than men, such as the factory workers who may be forced into retirement in their late 40s, as discussed above. Another obvious case is that of the Thai Airlines stewardesses, who were forced to retire at the age of 45, while their male counterparts did not have to retire until the standard age of 60. The company has now announced its intention to change this policy (103; 46).

Similarly, there is no legislation which prevents the advertisements of jobs specifying the sex of candidates required and such advertising is extremely common. By gender stereotyping work, and preventing women from even applying for many positions, such advertisements serve to perpetuate the unequal position of Thai women in the national workforce (103; 46).

(f) Women's Participation in Labor Unions

From the re-imposition of military control in 1976, labor unions had only an extremely limited place within the Thai industrial system. They began to re-emerge in the early 1990s, (101; 103) but the majority of leadership roles have been taken up by men. Nevertheless, a few prominent individual women have emerged and taken the lead on issues such as maternity leave and discrimination in forced retirements. In general though the predominantly male leadership of unions has meant that the needs of female workers have not been considered and their rights have not been protected (147; 16).

(g) Women and the Commercial Sex Industry

The NCWA estimates that there are 150,000 to 200,000 commercial sex workers in Thailand, of which 15 to 20 per cent are children under the age of 18 (151; 118). NGO estimates have put the number close to one million (103; 25). There are also large numbers of Thai women working in foreign countries as commercial sex workers, with estimates of more than 2,000 such women in Japan, 7,000-8,000 in Germany and large numbers in Malaysia, Taiwan, Brunei and the Middle East (96g; 43).

Traditionally, poverty was regarded as the chief cause of prostitution, but research has shown that a more complex mix of factors has pushed girls and women into the commercial sex industry. Women have traditionally been seen as the conserving the institutions of the family and village, and through their remittances to their families, many commercial sex workers have continued to do this (152; 891). Furthermore, the strong sense of gratitude which requires children to "pay back the breast milk" also puts pressure on women to find a well-paid job, and often commercial sex work is the only such job available (151; 118). Increasing materialism and producing demand for items such as cars, televisions and "modern" houses, has also led many women to feel obliged to choose commercial sex work as the only area in which they can earn sufficient money to satisfy these desires (96g; 42).

These "push" factors interact with a strong demand for commercial sex services produced by traditional attitudes which condoned or even encouraged sexual adventure for men, both before and after marriage. A variety of studies have shown that many Thai men visit prostitutes regularly, with one such study indicating that 90 per cent of Thai men have been to a commercial sex worker at some time in their lives (96g; 43) and 48 per cent having their first sexual experience with a commercial sex worker (103; 23). The recent spread of HIV/AIDS has had some effect in reducing the demand for such services, but recent studies have shown it remains high (103; 23). In December 1996 a new anti-prostitution law, the final result of 10 years of campaigning by women's activists, came into effect, replacing a 1960 law which had a number of negative aspects. Among the changes introduced in the new law are a move from stressing the commercial sex workers as the criminal to instead focusing on pimps, brothel-owners, traffickers and others who profit from the commercial sex business. It also explicitly allows for the prosecution of parents who sell their children into prostitution, or connive at their entry to it (127; 15).

The bill also widens the definition of sex business to cover establishments used for contact between commercial sex workers and clients, reducing legal loopholes which have previously prevented prosecutions (127; 27). It further provides for heavy penalties for clients of under-age commercial sex workers (under 18, with heavier penalties for under 15 year olds) (127; 13).

The new law also provides for significant changes in the services available to women and girls who have been victims of the commercial sex industry. It seeks to increase the formal level of NGO involvement in providing services for their care and rehabilitation, to decentralize this care to a provincial level, and set in place a full range of appropriate services (104; 7-9). Also included in the National Policy and Plan of Action for the Prevention and Eradication of the Commercial Sexual Exploitation of Children (adopted by the Council of Ministers in conjunction with the new law) are a series of preventative measures which aims to provide education, vocational training and other services to assist girls and women avoiding the clutches of the industry, and public education campaigns focusing on moral values and the horrors of the commercial sex industry (104; 3-4).

The effectiveness of these new measures has yet to be tested. Concern remains about difficulties in enforcing the law, including the problem of bribery and corruption within the judicial system (151; 119). It will also be important to ensure that sufficient funding and official support is received to make the new rehabilitation services effective.

2.7: Women's Political and Public Participation

Thai politics has been dominated by men throughout history. From as early as the Ayuthaya period (15th - 18th century), Thai women only figured in political mattered "as a medium of exchange used to foster political alliance or attributes or offering to the male leaders in power" (173). Women in Thailand, particularly outside the high class society, had an important economic role, working in the fields and trading, but men were responsible for controlling politics and administration.

(i) Representation of Women

When, in 1932, Thailand's governing system became a constitutional monarchy, male and female citizens were granted the right to vote and stand for election on an equal basis. It was not until 1949, however, that Thailand's first female Member of Parliament, Mrs. Orapin Chaiyakarn, was elected to office in a by-election (123; 7). In the period from 1932 to October 1996, a total of 124 women were elected to parliament making up 2.9 percent of all elected representatives to that date (123; 8). The parliament elected to power in July 1995, had 391 Members of Parliament of whom 24 were women, representing the highest number of women ever elected to a single Parliament in Thailand (123; 8). A further election was held in November 1996 and led to the reduction of the number of female MPs to 22. Currently, women hold 5.6 per cent of parliamentary seats.

The Senate consists of 260 members appointed by the King on the advice of the prime minister. Women comprise 8.1 per cent of the current body, appointed in 1995, a total of 21 members. This represents by far the highest-ever representation of women in the Senate. Throughout the 1980s, the level of female representation was around 2 per cent, (73; 73) and since 1932, a mere 58 women have been appointed to the Upper House, making up less than 2 per cent of the total number of appointed senators (103; 67).

A similar slow if significant increase in female representation is seen in provincial government. In the Provincial Administration Organization elections of December 24, 1995, 135 women were elected out of total of 2,148 positions, representing 6.3 per cent, according to the Department of Local Administration in the Ministry of Interior. This is the highest percentage of female representation to date at the provincial level.

The local Administration Act of 1914 barred women from running for election at the local level until 1982, when the act was amended. This, combined with the provision that allows all Village Heads and Sub-district Heads elected before 1992 to retain their position until the age of 60 (123) has made the progress of women in this area difficult. At present, women constitute less than 2 per cent of Village Heads and Sub-district heads, according to the Department of Local Administration.

In March 1995, the Subdistrict Council (SC) and Subdistrict Administrative Organization (SAO) Act came into effect, as part of a decentralization drive. Following the first SAO elections, held in May of that year, women occupy 1,212 out of 18,553 positions (175). At the municipal level, the most recent elections were held on November 18 and December 17, 1995. The results showed that 152 women were elected out a total of 1,860 positions or 8.2 per cent (Figures supplied by the Department of Local Administration).

(ii) Decision-making in Government

The government from 1995-6 had two female ministers, including a deputy interior minister. Only one previous administration, that of Prime Minister Chuan Leekpai, had two female ministers. Traditionally, most administrations have had one female minister, usually given a ministry judged as relevant to "female" concerns. The Cabinet, formed in November 1996 had no female members while the latest Cabinet as of 15 November 1997 again has one female minister as Minister to the Prime Minister's Office.

(iii) Leadership of Political Parties

Political parties in Thailand have had a history of male leadership. In 1995, Mrs. Sudarat Keyurapan was elected Secretary-General of the Palang Dharma Party, the first and only woman to have ever held this position in a political party. No women has ever led a political party.

Leadership aside, women's concerns have never been a priority area of political parties. Of the 12 political parties which participated in the July 2, 1995 election, only two parties had any mention of women's concerns in their policies (123; 24).

(iv) Business and Professional Women

Thai women have been much more prominent in business than in politics. The upper echelons of business and banking are still male-dominated, but some individual women have managed to reach the highest levels, some of whom will be highlighted below.

Khunying Chanut Piyaoui, beginning in 1949 with a 60-room hotel, is now the Chairperson and Managing Director of the Dusit Thani Company which holds major shares in the Royal Princess and the Thani hotel chains. She is also a member of the supervisory board of the Kempinski Hotel chain. Together the four chains have hotels in 30 provinces of Thailand as well as in 20 countries throughout the world (174).

Ms. Patara Sila-on, owner and founder of the S&P restaurant chain, began a small ice-cream parlor and restaurant 23 years ago. Today, her business has expanded to include 35 branches in Bangkok, Chiang Mai and Ayuthaya; 40 bakeries in Bangkok; and three restaurants in London and Singapore (174). Khunying Niramol Suriyasat is the Chairwoman of Toshiba Thailand and Managing Director of Bamgkagi Industrial Park. Leader in the male-dominated Japanese business world, she supervises over 2,000 employees (174).

Outstanding women in banking include Ms. Chinda Charung-chareonvejj, Executive Vice-President of the Bangkok Bank; and Ms. Nopporn Ruangskul, Strategic Advisor to the Managerial Board of the Thai Dhanu Bank (174).

(v) Reservations and Quota Systems

Thailand has never instituted reservations or a quota system to promote women's participation in politics and administration. Nationally, efforts have been made by organizations such as the GDRI and the Gender Watch Group to encourage political parties to adopt quotas for women but thus far, to no avail. Concurrently, the GDRI, in collaboration with the Civil Service Commission, has been working to introduce an affirmative action program in the civil service, to increase the proportion of women at decision-making levels (GDRI).

At the local level, prior to the promulgation of the Subdistrict Council and Subdistrict Administration Organization Act in 1995, several women's organizations lobbied for the inclusion of quotas for the Subdistrict Administration Organization elections. As each village elects two representatives to this council, women's groups called for the act to stipulate the election of one woman and one man. However, this demand went unmet (123).

(vi) Women as Voters

Over and above campaigning and lobbying for changes in discriminatory legislation, women have also played an active role as voters. In 1992, when the sex of voters was noted for the first time, 300,000 more women were recorded to have cast their ballot than men (123; 8). Women's interest in politics was further substantiated by an activity coordinated by the GDRI in collaboration with three national newspapers a day before the September 1992 election. Readers were asked to predict which political parties would have their female candidates elected the following day and who the elected female MPs would be. More women sent in correct answers than men although both participated equally (123; 9).

B.8: Women and Religion

Approximately 95 per cent of Thai people profess Buddhism. There are also other two important minorities, namely, Islam and Christianity.

In Buddhist doctrine, followers are divided into four groups, namely, the monks (pra), the nuns (mae-ji), laymen, and laywomen. In the Thai tradition, only men are ordained as monks, although in other traditions women can also be monks. The role of a nun (mae-ji) is far more circumscribed. They shave their heads, wear white robes and observe five or eight precepts, compared to 227 precepts for monks. Nuns (mae-ji) cannot be fully ordained (176; 36).

This fact has been very important to the social position of women. As they are unable to make merit for their parents by becoming a monk, they have instead been allocated the role of finding financial support for their parents, which has in modern life exposed them to many dangers.

The social perception of nuns is that they play the role of the monks' servant, cooking and cleaning for them and performing other tasks around the temple. Nuns were traditionally from poorer families with little education and low social status. A study in 1980 (103; 54) found that over 85 per cent of nuns were from the rural areas and they had only completed four years of compulsory primary education.

In general, the position of mae-ji is not highly regarded and is much lower than that of a monk (177;178). This causes a real problem for Thai women who want to lead a religious life in a community and do not want to be nuns due to the lower recognition by the public. This situation does seem to be improving since a number of highly-educated and high profile women have become nuns. They are active and are trying to improve the public perception of nuns. Several institutions for nuns have recently been established (103; 54). These institutions are active in offering education to nuns and other disadvantaged women aiming to prepare them to work in educational, development or religious teaching jobs after completing the courses.

A survey (103; 53) conducted by the Religious Affairs Department in 1994 indicated that there are approximately 16,000 nuns (mae-ji) in Thailand, compared to 278,960 monks. Only about one-third of these nuns are registered with Thai Nun's Institute. Nuns have no special religious status and the Department of Religious Affairs assumes no responsibility for them. Only monks are eligible to have tax exemption, to get free use of public transport, and to enter Buddhist universities to which the government allocated funding of about 93,400,000 baht in 1996 (103; 54). Nuns, as well as monks, do not have right to vote in elections. Nuns thus, suffer many of the legal restrictions applied by religious life, without gaining any of the corresponding benefits.

As many monks are only ordained for a short traditional period during the post-harvest season, male civil servants and workers in big companies, male soldiers and male employees of some large companies are entitled to a three-month leave period with full pay to be ordained as a monk, whereas there is no such eligibility for women (103,;54).

Despite discussion of the introduction of female monks, such a plan is likely to produce considerable resistance, due both to doctrinal matters and the traditional male dominance of religious institutions. Thailand has only a male Sangha (Buddhist order), and all work dealing with Sangha is always performed by men (176). Women are generally excluded even from such layperson's religious duties as asking for the observance of the precepts, or announcing a sermon (178; 74).

The main minority religion in Thailand is Islam and Muslims consist of approximately 3 per cent of the total population. Thai Muslims live primarily in southern Thailand and about 99 per cent of them are Sunnis. Government Muslim employees are allowed leave from work for important Muslim festivals and are entitled to work half-days on the Muslim holy day (Friday). Both male and female Muslim employees working for the government are granted one four-month leave with full pay to make the Hajj, the pilgrimage to Mecca (103; 55).

In terms of exercising some human rights, women in the Muslim community seem to face some obstacles particularly in roles as leaders in community, public and political circles. These are due to strict interpretation of Islamic doctrine and public attitudes related to the religion which often tend to restrict women's access to public space and ability to speak out in public environments.

Attitudes towards women vary between the different Christian churches and are a source of controversy worldwide. In the Roman Catholic church, women can become nuns in religious orders. As nuns they dedicate their lives to their religion and perform many valuable social, medical, educational and other services. They cannot, however, be ordained as priests and are thus excluded from those duties.

Some of the Protestant churches have a different attitude towards women. In the Church of Christ in Thailand (CCT), women can serve as Deaconesses and Elders. The seminaries train students without regard to sex, so in principle women can be ordained. However, it seems that Thai culture, rather than religious principle, causes discrimination against women holding these positions.

B.9 Women and Sport

Traditionally, Thai women's participation in sport was severely restricted. They were excluded from sports such as boxing, boat racing and takraew (the traditional Thai sport something like volleyball, except that the feet and body is used to keep the ball in the air, instead of the hands), but were allowed to pursue limited, low-contact self-defense sports such as archery and fencing. Girls, in particular, also took part in traditional folk sports usually practiced at festivals, focused on movement skills (181).

The introduction of a Western-style education system provided girls and women with increased sporting opportunities, with the inclusion of physical education at all levels of the curriculum (183). A study by Juipan (180) revealed that 89.7 per cent of female students in secondary schools in Bangkok enjoyed exercising or playing sport. One of the most favored sports was badminton, followed by volleyball. Another study (179) found female teachers expressed the desire to regularly practice calisthenics.

Women's involvement in grassroots sport has recently begun to flow through to higher levels of competition, with the proportion of Thai female participants increasing from 33 per cent at the 14th South East Asian (SEA) Games in 1987 to 39 per cent at the 18th Games in 1995. Women are however, severely under-represented in sporting administration, being only 18 per cent of officials, whereas the proportions in Indonesia, Singapore and the Philippines are above 20 per cent (183).

The Physical Education Department (182) reported Thai women were interested in football, swimming, badminton and volleyball, but that they only had time for jogging, bicycling or aerobic-style workouts. This study found most allocated about one hour at the end of the day, once or twice a week for sports activities, the primary purpose of which was health promotion. Lack of time and equipment were stated as reasons for not participating in sporting activities.

Although these are important factors preventing women from playing sport, but there are also important social factors which discourage women's participation. Traditional beliefs have suggested that a woman participating in sport will become masculine, and be looked unfavorably upon as they expose themselves in public (as required by many sporting uniforms). Additionally, perceptions about women's weakness and fears about sports effects on menstruation and pregnancy, have had a discouraging role.

A 1987 study by the NSO in Bangkok in 1987 found that overall, a greater percentage of men played sport than women in all age groups, except the 15-19 age group, in which women slightly outnumbered men (48.57 to 46.14). In total, only a very small percentage of adults participated in sport, with only 12 per cent of men between 20 and 60 playing sport and 6.3 per cent of women (21; 106). A survey in provincial areas would probably find even lower levels of participation due to a shortage of facilities and lower income levels (103; 55).

Although no detailed studies have been done, it is obvious also that media coverage of sporting events is dominated by male sport. It generally concentrates on exclusively-male sports such as football, kick-boxing (Muay-Thai), boxing and snooker, although female competitors attract more attention during international events such as the SEA Games (103; 56).