IPCI 2024: Oslo Commitment Protects Sexual and Reproductive Rights Across All Contexts

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Ase Kristin Ask Bakke, MP and Chair of APPG Norway, reads the Oslo Statement of Commitment. Alando Terrelonge, MP, Jamaica, chair of the IPCI Drafting Committee, sits second from left. Credit: Naureen Hossain/IPS

Ase Kristin Ask Bakke, MP and Chair of APPG Norway, reads the Oslo Statement of Commitment. Alando Terrelonge, MP, Jamaica, chair of the IPCI Drafting Committee, sits second from left. Credit: Naureen Hossain/IPS

OSLO, Apr 12 2024 (IPS) – Parliamentarians from 112 countries have adopted the IPCI statement of commitment to protect and promote sexual and reproductive health rights, committing to the principle that “life or death is a political statement.”

As IPCI Oslo drew to a close on Friday, April 12, 2024, parliamentarians adopted a new Statement of Commitment that was “the collective effort of every single delegate,” said Alando Terrelonge, MP from Jamaica and chair of the drafting committee.

Remarking on the drafting process, he remarked, “We have definitely placed people’s rights and their dignity, the whole essence of human rights, at the forefront of our discussion.”

“Human rights really are at the heart of human civilization and sustainable development.”

Terrelonge, along with Ase Kristin Ask Bakke, MP and chair of APPG Norway, presented the statement before the conference in its penultimate session.

In brief, the Oslo Statement calls for parliamentarians to advocate for and promote SRHR across the life course, from birth to old age. It addresses the “rising polarization, conflicts, and fragile environments” that threaten the achievements made in the realization of IPCD’s Programme of Action by mobilizing their efforts and cooperating with relevant stakeholders.

It calls for increased accountability towards governments, the tech and healthcare sectors, and other relevant stakeholders, to respect human rights law. The statement makes a specific note to protect women, adolescents, and other vulnerable, marginalized groups who suffer disproportionately in conflicts and crises.

This statement seems pertinent in the wake of prolonged conflicts in Gaza, South Sudan, and Ukraine. In this light and in a broader context, the statement reaffirms a commitment to uphold international human rights law and humanitarian law in all contexts.

The statement reaffirms and expands on the core issues of the conference: policy and megatrends in demography, technology, and financing.

Technology’s impact on SRHR and political practices was officially codified in the statement, as it calls for governments to recognize the impact of digital technology on people’s lives, and the “immense potential” for the “full realization of the ICPD [Programme of Action].”

It also cautions that governments promote the safe and meaningful participation of women and girls in the digital space.

Financing SRHR programs has also been recognized as a priority, along with urging governments to allocate 10 percent of national development budgets towards the implementation of the Cairo program of action (POA). Furthermore, the statement advocates for following another UN-codified program, the Addis Ababa Action Agenda on Financing for Development, for its framework on long-term investments in development projects.

The participants had also agreed to increase political commitment to the continued implementation of the IPCD POA on parliamentary action for accountability and political commitment. The parliamentarians present pledged to accelerate developments and promote laws that respect international human rights obligations.

All those present enthusiastically applauded the statement’s adoption by consensus. As the conference reached its end and the statement was formally pledged, attendees expressed their support and its relevance to their states.

A delegate from Guatemala noted that while there were several pieces of legislation aimed at SRHR, they were not implemented clearly enough for civilians to know that these laws existed. She added that it was important to bridge the gap between governments and civilians in their understanding and implementation of SRHR policies.

The MP from Peru said parliamentarians needed to return to hold their governments accountable for the setbacks in the SRHR. She added that there needed to be investigations into the factors driving conservative groups to push back against the expansion of SRHR.

A MP from the Mauritiana delegation noted the progress that is achieved through pursuing gender equality: “Any society that does not give a space for women is a society that will suffer, socially and politically.”

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Greece: Another First for LGBTQI+ Rights

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Opinion

Credit: Louisa Gouliamaki/Reuters via Gallo Images

MONTEVIDEO, Uruguay, Mar 1 2024 (IPS) – After almost two decades of civil society campaigning, Greece’s parliament has passed a law enabling same-sex couples to marry and adopt children. It’s the first majority-Orthodox Christian country to realise marriage equality.

Equal marriage is now recognised in 36 countries, with Estonia last year becoming the first post-Soviet state to join the ranks. These notable firsts have however been accompanied by regression elsewhere, including in the country with the world’s biggest Orthodox Christian population, Russia.

SAME-SEX MARRIAGE AROUND THE WORLD

A long campaign

Debate on the rights of Greek same-sex couples dates back to 2006. That year and again in 2008, the centre-left PASOK party submitted bills to recognise unmarried couples, including same-sex ones. Neither made it through parliament, and a cohabitation law was eventually passed that didn’t include same-sex couples.

In 2008, LGBTQI+ rights activists exploited a loophole in a law that didn’t specify that marriage must involve a man and a woman. Despite instant backlash and legal threats, the mayor of the island of Tilos, a gay tourist destination, held a civil wedding ceremony for two same-sex couples. Courts soon annulled these weddings, but they helped put the issue on the agenda.

In the run-up to the 2009 election, the Lesbian and Gay Community of Greece sent candidates a questionnaire on LGBTQI+ rights. PASOK, which won the election, said it supported same-sex registered partnerships. But in office it dragged its heels.

LGBTQI+ activists took to regional and international human rights systems. They submitted shadow reports to the UN Human Rights Council’s review of Greece’s human rights record. In 2009, four gay couples brought two cases to the European Court of Human Rights (ECHR), stating that the restriction of civil unions to heterosexual couples amounted to unjustified discrimination.

In November 2013, the ECHR ruled that there was indeed discrimination, ordering the state to provide compensation. Within days, the PASOK-led government announced it would introduce a bill to extend civil unions to same-sex couples.

But time dragged. A year on, the government again said it was considering the change, but soon after, parliament was dissolved and snap elections were called for early 2015. Amid public anger at economic austerity measures imposed in response to Greece’s debt crisis, left-wing party Syriza won power.

Political change

The pace quickened under the Syriza-led government, and after a long and contentious December 2015 parliamentary debate, same-sex couples gained civil partnership rights. They still weren’t able to adopt or exercise parental rights over non-biological children, but the change was a vital first step. A year on, parliament further amended the law to extend some of the same rights as marriage, including labour rights.

LGBTQI+ rights activists made more gains during Syriza’s four years in power. In 2017, parliament passed a gender identity law enabling people to change gender on official documents without undergoing any medical procedure and allowing trans people to affirm their gender from 15 years onwards. Almost the entire political opposition voted against, including Kyriakos Mitsotakis, leader of the centre-right New Democracy party and current prime minister.

In June 2019, Prime Minister Alexis Tsipras promised his government would legalise same-sex marriage if it won the upcoming election. But he was defeated by New Democracy and its bill was shelved. It renewed its promise ahead of the 2023 election, but again New Democracy won.

In a surprise move, an unlikely champion introduced a same-sex marriage bill in January 2024: Prime Minister Mitsotakis, having consolidated his hold over the political right, now sought to make inroads into socially progressive territory.

On 15 February, several prominent New Democracy parliamentarians abstained or voted against the bill but opposition parties on the left compensated. Syriza lawmakers voted overwhelmingly for.

The religious factor

But powerful forces still oppose equality. According to a 2018 survey, Greece is Europe’s fourth most religious country. Around half of adults consider themselves ‘highly religious’ and 59 per cent say they believe in God with ‘absolute certainty’. Up to 98 per cent identify as Greek Orthodox Christians. For many, belonging to the church goes beyond religion – it’s bound up in Greek identity.

The church has fiercely resisted every victory of the women’s and LGBTQI+ rights movements. It’s been particularly belligerent towards the gender identity law. Church authorities condemned it as ‘a satanic deed’ and shared the same conspiracy theories as far-right groups.

With public opinion evenly divided, the debate on same-sex marriage was deeply polarising. Parliamentary debates saw a barrage of abusive language and hate speech. Far-right politicians claimed the bill was ‘anti-Christian’ and warned it would enable paedophiles. Church representatives insisted homosexuality was a ‘mortal sin’. The church insisted the bill would destroy the family. Priests propagated disinformation and threatened excommunication.

What – and where – next

As Equaldex’s Equality Index shows, the new law is way ahead of prevailing public attitudes. Activists will need to do much more work to shift public opinion to prevent regression and keep moving forward. But they’re optimistic this latest victory will help further normalise the presence of LGBTQI+ people and bring more social acceptance of diversity.

It matters too outside Greece, which is ahead of the curve among Orthodox-majority states – and could offer an example to follow.

Belarus, Russia and Moldova are the Orthodox-majority countries with the most hostile environments for LGBTQI+ people. Belarus and Russia have closed civic space, making it next to impossible to advocate for rights, and Russia has further intensified its repression of LGBTQI+ people as a matter of national identity during its full-scale invasion of Ukraine.

But Moldova, along with several other of Greece’s Orthodox-majority neighbours – Bulgaria, Montenegro and Romania – have relatively enabling civic space and active LGBTQI+ movements seeking change.

Activists in Greece will keep pushing for social change to match legal progress. And activists in neighbouring states will keep campaigning, knowing that, sustained advocacy can pay off even in hostile contexts. They’ll keep trying to force open political windows of opportunity so decades-sought change can finally materialise.

Inés M. Pousadela is CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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Latvia: A Vital First Step Towards Marriage Equality

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Opinion

Credit: Ilmars Znotins/AFP via Getty Images

MONTEVIDEO, Uruguay, Dec 12 2023 (IPS) – Last month the Saeima, Latvia’s parliament, passed a package of eight laws recognising same-sex civil unions and associated rights. The new legislation came in response to a 2020 Constitutional Court ruling that established that same-sex couples have a constitutional right to the benefits and legal protections afforded to married opposite-sex couples.

Equal marriage rights are still a long way away, and civil unions are only a first step in the right direction. But in one of Europe’s most restrictive countries for LGBTQI+ rights, activists view it as a significant shift, achieved after numerous attempts over more than two decades. Anti-rights forces agree, and they’re not going to let it happen quietly. They’ve already responded with an attempt to stop the new law being adopted by campaigning for a referendum.

The breakthrough

The first registered partnership bill was submitted by the National Human Rights Office in 1999 but rejected by parliament’s Human Rights and Public Affairs Committee and never debated. Initiatives accelerated in the mid-2010s but were all rejected – the latest attempts coming in 2020 and 2022.

On 29 October 2020, a popular initiative calling for the passage of a civil union law that had gathered more than 10,000 signatures was voted down by parliament. Campaigners immediately started a new initiative for the ‘legal protection of all families’, which attracted over 23,000 signatures – but that too was rejected by parliament in December 2022.

Following the 2020 parliamentary vote, however, two court rulings catalysed change. In November 2020, the Constitutional Court found the labour law in violation of the constitution because it didn’t provide for parental leave to the non-biological parent in a same-sex relationship.

As the result of a 2006 anti-rights initiative to ban same-sex marriage, the Latvian Constitution defines marriage as a union between a man and a woman. The concept of family, however, isn’t explicitly defined in reference to marriage, and the court understood it more broadly as a stable relationship based on understanding and respect. It concluded that the constitution demanded protection for same-sex partners and gave parliament a deadline of 1 June 2022 to amend the law to provide a way for same-sex couples to register their relationship.

A year later, in December 2021, the Supreme Court ruled that if the deadline was missed, same-sex couples would be allowed to resort to the courts to have their relationship recognised.

Anti-rights backlash

The anti-rights reaction was quick in coming. Two months after the Constitutional Court ruling, parliament introduced a constitutional amendment that went further than ratifying the definition of marriage as being between a man and a woman, defining family as based on marriage.

To comply with the Constitutional Court’s ultimatum, in February 2022 the Ministry of Justice submitted a civil union bill and two months later, despite an attempted boycott to deny a quorum, parliament approved its first reading.

When it became apparent that the court’s deadline would be missed, same-sex couples started petitioning the courts for recognition as family units. The first of dozens of positive rulings was issued on 31 May 2022.

That same day a tight parliamentary vote resulted in the appointment of Latvia’s first out gay president. Momentum was building, and parliament finally passed a law to allow same-sex civil unions on 9 November 2023.

But conservative politicians managed to put the new law on hold as they seek to gather the signatures required to force a referendum that they hope will prevent its entry into force.

A long way to go

Even if it survives the challenge, the new law is no panacea. Ultimately, access to marriage is the only way to ensure LGBTQI+ couples have the same legal rights as heterosexual couples. Recognition of same-sex relationships is a step forward, but still leaves Latvia behind neighbouring Estonia, which legalised same-sex marriage in June.

If upheld, the new legislation will give registered same-sex couples some but not all the rights associated with marriage – they’ll have hospital visitation rights and tax and social security benefits, but not inheritance rights or the right to adopt children.

Beyond the legal sphere, the biggest challenge will come in influencing public attitudes, as signalled by Latvia’s scores on Equaldex’s Equality Index. This ranking combines a legal index that assesses key laws and a public opinion index that measures attitudes towards LGBTQI+ people. Latvia scores far lower for public opinion than for its laws. A 2019 Special Eurobarometer poll found that only 49 per cent of Latvians thought that LGBTQI+ people should have the same rights as heterosexuals.

The message is clear: changing laws and policies won’t be enough – and any legal victories will remain in peril unless social attitudes change.

Latvian LGBTQI+ organisations are fully aware of this, which is why they’ve worked on both fronts for many years. A centrepiece of their work to challenge prejudice is the annual Pride event, which Latvia pioneered for the Baltic region in 2005. As recounted by its organisers, Latvia’s Pride grew from 70 participants who faced 3,000 protesters in 2005 to 5,000 participants at EuroPride 2015, held in Latvia’s capital Riga, and 8,000 in the 2018 Baltic Pride, also held in Riga. Pride was repeatedly banned by Riga City Council, and it invariably faced hostile counter-protesters – but fewer each time, while the number of Pride participants has grown, boosting people’s self-confidence.

Global trends show progress towards the recognition of LGBTQI+ rights to be much stronger than regression. Latvian LGBTQI+ advocates will continue to push forward on both the policy and awareness-raising fronts. They’ll continue working to secure what they’ve already achieved while striving for more. They’re on the right course.

Inés M. Pousadela is CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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Argentina: Unpalatable Choices in Election Plagued with Uncertainty

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Opinion

Credit: Tomás Cuesta/Getty Images

MONTEVIDEO, Uruguay, Nov 3 2023 (IPS) – For many of Argentina’s voters the choice in the 19 November presidential runoff is between the lesser of two evils: Sergio Massa, economy minister of a government that’s presiding over a once-in-a-generation economic meltdown with a whopping 140-per cent inflation rate, or Javier Milei, a far-right libertarian who admires Donald Trump, wants to shut down the Central Bank and wields a chainsaw in public as a symbol of his willingness to slash the state. Many will rue that it ever came to this.

A peculiar outsider

A post-modern media celebrity, Milei’s performance style is a perfect fit for social media. He’s easily angered, reacts violently and insults copiously. He’s unapologetically sexist and mocks identity politics.

Milei bangs the drum for ‘anarcho-capitalism’, an ultra-individualistic ideology in which the market has absolute pre-eminence: earlier this year, he described the sale of human organs as ‘just another market’.

To expand his appeal beyond this extreme economic niche he forged an alliance with the culturally conservative right. His running mate, Victoria Villarruel, represents the backlash against abortion – legalised after decades of civil society campaigning in 2020 – and sexual diversity and gender equality policies, along with reappraisal of the murderous military dictatorship that ruled Argentina between 1976 and 1983.

In the run-up to primary elections in August, the two mainstream coalitions – the centre-left incumbent Union for the Homeland (UP) and the centre-right opposition Together for Change (JxC) – displayed a notable lack of leadership and indulged in internal squabbles that showed very little empathy for people’s daily struggles. All they had to offer in the face of widespread concerns about inflation and insecurity were the candidacies of the current minister of the economy and a former minister of security. They made it easy for Milei to hold them responsible for decades of corruption, ineffectiveness and failure.

In Milei’s discourse, the hardworking, productive majority is being bled dry by taxation to maintain the privileges of a parasitic and corrupt political ‘caste’. His proposal is deceptively simple: shrink the state to a minimum to destroy the caste that lives off it, clearing their way for individual progress.

Milei gained traction among young voters, particularly young men, via TikTok. He found fertile ground among a generation that no longer expect to be better off than their parents. While many of his followers concede that his ideas may be a little crazy, they appear to be willing to take the risk of embracing the unknown on the basis that the really crazy plan would be to allow those long in control to retain their power and expect things to turn out differently. Milei has capitalised on the despair, hopelessness and accumulated anger so many rightfully feel.

Surprise after surprise

The first surprise came on 13 August, when Milei won the most votes of any candidate in the primaries.

Milei only entered politics in 2021, when the 17 per cent vote he amassed in the capital, Buenos Aires, sent him and two other libertarians to the National Congress. In the 2023 primaries he went much further, winning 30 per cent of the vote. He placed ahead of JxC, whose two candidates received a joint 28 per cent, and UP, the current incarnation of the Peronist Party, which took 27 per cent. The bulk of the UP vote, 21 per cent, went to Massa. That Peronism, once the dominant force, came third was a historic first.

The second surprise came on 22 October. Following the primaries, all talk was of Milei winning the presidency. He trumpeted his intent to win the first round outright. Measured against these expectations, his second place looks like an underperformance. But the fact that a candidate who wasn’t on the radar before the primaries has made the runoff shows how quickly the political landscape can shift.

In the October vote Milei took almost the exact share he’d received in the primaries. Massa finished above him with almost 37 per cent, displacing JxC, which lost four points on its second-place performance in the primaries.

The fact that the economy minister was able to distance himself from the government he’s part of – one often described as the worst in 40 years – to come first was viewed as a notable victory, even though his share was just about the lowest Peronism has ever received.

One explanation for Massa’s improved performance was turnout, which increased by eight points to almost 78 per cent – still low for a country with compulsory voting, but enough to make a difference. Much of the increase could be credited to the political machinery that mobilised voters on election day, aided by the minister-candidate pulling as many levers as he could to improve his chances. This included putting lots of instant cash into voters’ pockets, including through tax breaks benefiting targeted groups of workers and consumers.

An unpalatable decision

There’s still much uncertainty ahead. Economic failure is Milei’s best propaganda, so much will depend on how the economy behaves over the next couple of weeks. Milei and the destruction he represents can’t be written off.

Neither those currently in power nor those in the mainstream opposition recognise the obvious: Milei is their fault. They’ve held power for the best part of the past 40 years without effectively tackling any of the issues that concern people the most.

Many voters now feel they face an unpalatable choice between a corrupt and failing government and a dangerous disruptor. They fear that if they choose to keep Milei out, their votes may be misinterpreted as a show of active support for a continuity they also reject. What’s at stake here is more than one election. If Milei is kept at bay, the political dynamics leading to the current economic dysfunction will still need to be addressed – or the far-right threat to democracy won’t end with Milei.

Inés M. Pousadela is CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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Nigerian Women Challenge ‘Colonialist’ Patriarchy

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Women & Economy

Bukes Saliu, a forklift driver, is a Nigerian woman who challenging stereotypes. Credit: Promise Eze/IPS

Bukes Saliu, a forklift driver, is a Nigerian woman who challenging stereotypes. Credit: Promise Eze/IPS

LAGOS, Sep 28 2023 (IPS) – Bukes Saliu wakes up very early every workday to beat the gruesome Lagos traffic to head to a job quite unusual for a woman to engage in Nigeria. She is a forklift operator in one of the busy depots in the coastal city, a task traditionally meant for men in the West African country.

In a country where women are seen as second-class citizens and whose roles are expected to be confined to the kitchen, Saliu is not letting patriarchal norms put her in a box.

“People are always thrilled when I tell them what I do. Sometimes I get snide remarks from some men I work with, but I don’t allow that to get to me,” Saliu says.

In August 2022, her curiosity was piqued when she came across a post on WhatsApp from her friend featuring a woman confidently posed beside a forklift machine. That ignited her interest in the job. Soon after, she enrolled in training to become a skilled forklift operator.

“It was a change of career path for me. I used to be a project manager with a non-profit, but I left the job to be a forklift operator. The first day I started work, I was a bit afraid, but now I operate the machine like any other man would do. I believe that women should be allowed at the table because it brings different perspectives, ideas, and experiences,” she adds.

Patriarchy Lives in Nigeria

Discrimination against women has been a serious problem in Nigeria. Women still grapple with an array of challenges and are marginalized despite the Nigerian constitution providing for gender equality and nondiscrimination

Women face a heavier burden of violence, and different types of bias, which creates significant obstacles in their quest for gender equality. This is frequently caused by unfair laws, religious and cultural traditions, gender stereotypes, limited education opportunities, and the unequal impact of poverty on women.

Although the government has attempted to tackle these deep-rooted issues, the pace of progress remains sluggish. Women’s representation within politics and decision-making spheres remains poor. For example, out of a total of 15,307 candidates in the 2023 general elections, only 1,550 were women. Only three women were elected as senators as against nine in the last election, and only one woman emerged as a presidential candidate.

Women are often excluded from economic prospects. Within Nigeria’s populace exceeding 200 million, a mere 60.5 million people contribute to its labor force. Among this workforce, around 27.1 million women participate, a significant portion of whom find themselves involved in low-skilled employment. Nigeria’s position on the World Economic Forum’s Gender Gap Index is a lowly 123rd out of 156 nations.

Swimming Against the Tide

A limited number of women are challenging conventional gender norms for the purpose of livelihood, stepping into roles that are male dominated in Nigeria. However, this transition is often met with resistance and negative reactions.

In 2021, Iyeyemi Adediran gained widespread attention for her exceptional mastery of driving long-haul trucks for oil companies. However, despite her remarkable skill, the then 26-year-old shared that she faced derogatory remarks for daring to break gender norms associated with truck driving—an occupation traditionally considered male-dominated.

In 2015, Sandra Aguebor, Nigeria’s first female mechanic, gained widespread attention for her all-female garages across the country. However, she revealed that her mother initially did not support her ambitions, believing that fixing cars should only be done by men.

Faith Oyita, a shoemaker in Benue State, Nigeria, is not letting patriarchal norms stop her. Despite Aba, a growing men-led market in southeast Nigeria, dominating the shoemaking industry, Oyita has been determined to make a name for herself since 2015, even though she resides kilometers away. She says she has trained over 300 other people on how to make shoes.

“When I first started, I didn’t care about the challenges that came with shoemaking. I had a deep passion for it, and I wanted to beautify people’s legs. Even though it was a skill dominated by men, I was determined to do things differently. I knew that greatness doesn’t come from convenience. In the beginning, many people questioned why I chose shoemaking. Even the man who taught me was hesitant and doubted my potential. I was the only female among all his apprentices, and many assumed that I came because I wanted to date him. Despite all the negative remarks, I never gave up,” she tells IPS.

Patriarchy Came Through Colonialism

“A lot of what is happening today is not how we originally lived our lives as Nigerian women. Patriarchy actually entered our society during the colonial era. Before colonization, both men and women were able to do things without being restricted by gender. Historically, women were involved in trading goods and services, and they could even marry multiple wives for themselves.

“However, when the colonialists arrived, they distorted our culture and, using religion, promoted the idea that men held more power. We should strive to correct this narrative. It’s unfortunate that we have been socialized to believe that men should always be in leadership positions and that women should only be in a man’s home,” says Añuli Aniebo Ola-Olaniyi, Executive Director, HEIR Women Hub.

Speaking further, Ola-Olaniyi argues that women who want to break gender norms must have a change of mindset and be ready to face challenges.

“The country that colonized us has their women driving buses and flying planes. They have progressed from where they colonized us. But Nigeria has failed to empower its women. When a Nigerian woman does something that is traditionally seen as only for men, it is seen as a big accomplishment. However, she has always been capable of doing those things. It’s just that the opportunities were not available. I don’t even think it’s a switch in gender roles. I believe that women are simply starting to realize their potential,” she tells IPS.

IPS UN Bureau Report

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Transgender People Face Growing Violence, Discrimination in Pakistan

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Transgender people often entertain at weddings and other events, but they increasingly face violent acts, especially since part of an Act ensuring their rights was recently struck down. Credit: Ashfaq Yusufzai/IPS

Transgender people often entertain at weddings and other events, but they increasingly face violent acts, especially since part of an Act ensuring their rights was recently struck down. Credit: Ashfaq Yusufzai/IPS

By Ashfaq Yusufzai
PESHAWAR, Jul 24 2023 (IPS)

“The problems transgender people face start from their homes as their parents, especially fathers and brothers, look them down upon and disrespect them,” says 20-year-old Pari Gul.

Gul, a resident of Charsadda district in Khyber Pakhtunkhwa (KP), left her house at 16 when her mother asked her to or face being killed by her father.

“I was born as a boy, and my name was Abdul Wahid, but when I came to Peshawar and joined a transgender group, I got a female name, Pari Gul. Since then, I have been going to weddings and other festive ceremonies to dance,” she says. “Dance is my passion.”

However, she has often been the brunt of discrimination and violence.

“During my five-year career, people have beaten me more than 20 times. Each time the perpetrators went unpunished,” she told IPS in an interview.

Trans people are often targeted in KP, one of Pakistan’s four provinces.

On March 28, a man shot dead a transgender person in Peshawar. It was the third incident targeting transgender persons in the province in less than a week. Despite the violence, violent attacks on transgender people aren’t considered a major crime.

Khushi Khan, a senior transgender person, says lack of protection is the main problem.

“People have developed a disdain for us. They consider us non-Muslims because we dance at marriages and other ceremonies,” she says.

“We had lodged at least a dozen complaints with police in the past three months when our colleagues were robbed of money, molested and raped but to no avail,” Khan, 30, says.

Last month, clerics in the Khyber district decided they wouldn’t offer funerals to transgender persons and asked people to boycott them.

Rafiq Shah, a social worker, says that people attack the houses of transgender, kill, injure and rob them, but the police remain silent “spectators”.

“We have been protesting against violence frequently, but the situation remains unchanged,” Shah said.

Qamar Naseem, head of Blue Veins, a national NGO working to promote and protect transgender people, isn’t happy over the treatment meted out to the group.

“Security is the main issue of transgender persons. About 84 transgender persons have been killed in Pakistan since 2015 while another 2,000 have faced violence, but no one has been punished so far,” Naseem says.

The lack of action by the police has emboldened the people.

“Health, transportation, livelihoods and employment issues have hit the transgender (community) hard. Most of the time, they remained confined to their homes, located inside the city,” he says.

There are no data regarding the number of transgender in the country because the government doesn’t take them seriously, he says.

In May 2023, the Federal Shariat Court (FSC) dealt a severe blow when it suspended the implementation rules of the Protection of Transgender Persons Protection of Rights Act.

Farzana Jan, president of TransAction Alliance, says that FSC’s declaration that individuals cannot alter their gender at their own discretion, asserting that specific clauses within the Transgender Persons (Protection of Rights) Act, 2018 contradict Islamic law, has disappointed us.

The FSC declared un-Islamic sections 3 and 7 and two sub-sections of Section 2 of the Transgender Persons (Protection of Rights) Act, 2018, five years after the law was passed, the FSC rolled back key provisions granting rights to Pakistan’s transgender community.

Some right-wing political parties had previously voiced concerns over the bill as a promoter of “homosexuality,” leading to “new social problems”.

The Transgender Persons (Protection of Rights) Act, 2018, is against the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (PBUH) and will cease to have any legal effect immediately, the verdict stated.

Amnesty International said the verdict was a blow to the rights of the already beleaguered group of transgender and gender-diverse people in Pakistan. It said some of the FSC’s observations were based on presumptive scenarios rather than empirical evidence. The denial of essential rights of transgender and gender-diverse persons should not be guided by assumptions rooted in prejudice, fear and discrimination, AI said.

“Any steps taken by the government of Pakistan to deny transgender and gender-diverse people the right to gender identity is in contravention of their obligations under international human rights law, namely the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to which they are a state party,” it said.

The government should take immediate steps to stop the reversal of essential protections, without which transgender and gender-diverse people will be even more at risk of harassment, discrimination and violence, AI added.

On July 12, 2023, transgender representatives from all provinces held a press conference at Lahore Press Club, where they vehemently condemned the recent decision by the FSC against the Transgender Persons (Protection of Rights) Act, 2018.

Arzoo Bibi, who was at a press conference, said it was time to stand united for justice and equality.

“Militants don’t threaten us, but our biggest concern is the attitude of the society and police,” said Arzoo.
IPS UN Bureau Report

 


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