Transgender people constitute one of the most marginalized communities in my country, Pakistan, and they face social exclusion and discrimination in areas such as education, employment and healthcare. Though Article 25 of the Constitution of the Islamic Republic of Pakistan guarantees to all citizens equality before law, discrimination and violence against transgender people continue to take place. This is the reason why I introduced the Transgender Persons (Protection of Rights) Bill 2018 in the Pakistani National Assembly.
The bill prohibited discrimination against transgender persons, confers them the right to be recognized as per their self-perceived gender identity and provides for welfare measures by the government. As a member of the National Assembly, I was proud to support this momentous bill and introduce it in the Lower Chamber. After the Senate approved the bill, it was passed by the National Assembly by an overwhelming majority on May 8, 2018, thus becoming law.
My involvement with Parliamentarians for Global Action (PGA) helped me become aware of the bill and its importance. I joined PGA in 1992 to contribute to the creation of a rules-based international order for a more equitable, safe and democratic world and have served as a member of its Executive Committee for many years.
In 2013, PGA launched its Global Parliamentary Campaign against Discrimination based on Sexual Orientation and Gender Identity (SOGI Campaign), to mobilize parliamentarians as human rights champions and encourage them to take action to guarantee that every individual has equal value, lives with dignity and is able to achieve their highest potential free from all forms of violence and discrimination, including on the basis of sexual orientation, gender identity and expression and sex characteristics. My exposure to the work and objectives of the SOGI Campaign played a key role to inform and sensitize me on this topic.
Inspired by PGA’s work and the efforts of countless people and civil society organizations in my country that are committed to the equality and inclusion of transgender people, I decided to introduce the Transgender Persons (Protection of Rights) Bill in the National Assembly of Pakistan and dedicated myself to garner support for it among the different political parties represented in the Lower Chamber to approve it. It was a difficult time at the National Assembly as we were discussing the budget, but we managed to obtain a space for the bill through a special private member’s initiative and eventually it was passed by an overwhelming majority. As a PGA member, I feel proud to have forwarded the agenda of the organization on human rights protections on the basis of the principles of equality and non-discrimination.
The Transgender Persons (Protection of Rights) Act explicitly prohibits discrimination against transgender persons in the fields of education, employment, healthcare, provision of goods and services, transportation, residential property and government or private establishments. Many national and international human rights organizations and activists have celebrated the Act as a historic victory for transgender people and allies in Pakistan. Its significance and potential is beyond doubt.
However, as Ashee Butt, founder of the Be Ghar Foundation, which runs a shelter for transgender people in Pakistan, has said, “the passage of the bill into law...is a battle that is still only half won. We now face the challenge of fighting for the law to be enforced in its true spirit”. Similarly, Amnesty International’s Pakistan researcher Rabia Mehmood has stated: “The country’s transgender community has very high hopes from this bill. Its implementation is therefore crucial to ensure they can live their lives with dignity and respect.” I agree and would like to encourage the Government of Pakistan to fully implement the law, including the proactive measures in favor of the inclusion of transgender people.
Much remains to be done in my country to effectively end discrimination, stigma and violence against transgender people and other minorities. For example, in northwest Pakistan’s Khyber Pakhtunkhwa province, local sources have reported at least four killings of transgender women in 2018 and 57 since 2015. These figures are unacceptable! I sincerely hope that the Transgender Persons (Protection of Rights) Act will serve as a catalyst for positive change in my country when it comes to inclusive societal attitudes towards transgender people and appropriate government policies.
As Pakistani transgender activist Mehlab Jameel has pointed out, “after this bill passes, what the government really needs to do is start a campaign to sensitize the masses, government officials, policemen, everyone. That’s the real challenge.” While I feel very proud of what the Pakistani parliament has been able to achieve, in collaboration with civil society, I also recognize the important work that lies ahead and, in particular, the importance of further sensitization about the equality and inclusion of transgender individuals. As a longstanding member of Pakistan’s parliament, I am committed to contribute to sensitizing the people of my country in this regard; and as a longstanding member of PGA, I am committed to one of the main objectives of PGA’s SOGI Campaign: to raise awareness among parliamentarians around the world about equality and non-discrimination on the basis of sexual orientation and gender identity, in accordance with regional and international human rights instruments.
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This blog post is a shorter version of an article by Hon. Syed Naveed Qamar, MP that has appeared in The Parliamentarian, the magazine of the Commonwealth Parliamentary Association. The magazine can be accessed online at Issuu.com and Hon. Qamar’s article can be read by scrolling to page 53.
