Written by Tirelo Makwela

In May 2018, the Pakistan government passed the Transgender Persons (Protection of Rights) Act, a comprehensive response to ensure the rights and welfare of the trans community are protected. It was hailed as a win for the transgender community but experience has shown that the law alone is not enough to ensure the safety and prosperity of transgender people. Many still face harassment, exclusion and violence in public spaces, even when trying to access government services.

According to a report by the Guardian, 2021 was the deadliest year for the trans community, with more than 300 murders of transgender people recorded worldwide, a major rise from the previous year. In Khyber Pakhtunkhwa, it was reported that  62 transgender women were murdered in 2018 alone. 

Pakistan has made some progressive provisions for the transgender community – from establishing the Transgender Protection Centre in Islamabad, as per the act, to providing protection and rehabilitation for transgender persons in need. Strides have also been made in granting the transgender community access to free healthcare under the government health insurance scheme, set up to support poor and marginalized communities in Pakistan. Additionally, Pakistan is also a signatory to many international human rights conventions pertaining to transgender people and other marginalized minorities. These are a few but impressive steps to try to ensure the rights of transgender people are recognized as equal members of society.  

However, many people feel that the government has systematically failed to guarantee and protect transgender rights, as well as those of other gender non-conforming members of society. There is a general lack of knowledge about gender identity, which has led to many transgender people experiencing hate-motivated attacks as well as social, political and economic discrimination and exclusion.  

Focus on substantive equality measures

Muhammad Saad Khan is a member of Accountability Lab Pakistan’s Accountability Incubator network and a community activist and development practitioner working for transgender and other marginalized groups since 2017. He agrees that while many efforts have been made in Pakistan to ensure the basic rights of transgender people, there’s a long way to go.“The most important right is the right to equality as transgender people have been discriminated against in the subcontinent since colonial times,” he explains.

“However, Pakistan’s way of solving the problem is wrong. The Supreme Court and parliament focused mainly on ensuring formal equality when the focus should have been on substantive equality. As long as there is social, economic and political discrimination against transgender people, the state cannot claim significant recognition for them. There is a need to make transgender people more accessible to the rest of the population through affirmative action. Even though our laws prohibit discrimination, there is little or no affirmative action the state takes, such as quotas for transgender people,” he added.  

Saad wrote an article highlighting some critical issues affecting the transgender community. He stresses the need to engage local communities through research and surveys about gender identity, to gauge people’s thoughts and understand the needs and challenges of the transgender community.   

​​”Several associated challenges are also evident in the transgender community. One is that some members of the transgender community are particularly vulnerable to getting infected with HIV/AIDS due to their engagement in unprotected sex work. As a result, the rate of HIV infection among transgender people is alarmingly high, making the need for adequate healthcare much more important. The community also faces a high rate of mental health problems because so many people suffer from social isolation, discrimination, and violence,” he adds. 

Fighting illiteracy  

The illiteracy rate among transgender people in the country is very high. According to a study by the United Nations, only 30% of transgender people received their primary education, 23% received secondary education, and only 7% received a college education. These numbers represent the reality of most transgender people.

Fellow accountapreneur from Pakistan, Saro Imran, is using her platform to advocate for the rights of transgender people through her organization, The Pink Centre. The organization supports transgender people in achieving economic independence. She is a transgender activist and has been working hard to ensure that transgender people are receiving skills training to help them create sustainable livelihoods for themselves.

“My biggest motivation was myself. When I was 15 years old, I was attacked. While I was the victim of physical violence, I promised myself that I would not be a victim; instead, I would fight for my rights and the rights of other marginalized young people,” she says.

Through the Pink Centre, Saro provides transgender people with specialized training to improve their economic independence and build their capacity to become entrepreneurs and start businesses. She also helps them build micro shelter homes as safe spaces where they can live without fear. 

According to Saro, many transgender people in Pakistan don’t seek school admission because they become victims of transphobia and homophobia. They get bullied and ridiculed in educational institutions – or worse – get dismissed for their gender identity.  

“I believe that there are different progressive steps that the government has taken for the protection and welfare of transgender people,” she says. “The problem now is in the mentality of the general public. They don’t accept transgender people as its specified in the transgender protection act.” 

Expanding inclusive healthcare 

The impact of the Covid-19 pandemic has been very severe for the members of under-served and vulnerable communities, including the transgender community. In 2021, Accountability Lab Pakistan worked with writers, bloggers, YouTubers and other content creators on a project to generate hope, resilience, and positivity by inspiring others and sharing the many stories of overcoming obstacles during the pandemic. Junaid Nazir Naz, a news reporter, content editor and lecturer from Bahawalpur, Punjab, shared the story of a Covid-19 unsung hero, Sahiba Jahan. Sahiba is a transwoman from Bahawalpur, Punjab. During the first Covid-19 outbreak, she worked tirelessly to support members of the transgender community in gaining access to different healthcare facilities and providing support.

“The first issue during Covid was that many transgender people avoided visiting hospitals, dispensaries and other health centres to take a Covid-19 test. Sahiba went with other transgender groups to visit their homes and motivated them to test for Covid. Due to the lockdowns, she arranged food with the help of the district administration, social welfare department, health departments and transgender groups. I visited some areas to write down this story and conduct in-depth interviews with Sahiba and others. I tried to unearth their issues, which came out strongly,” Naz explained.

In late 2019, the government of Pakistan issued health cards for transgender people to improve their access to healthcare services to curb discrimination. However, there remains little information regarding what measures are needed to address the real healthcare needs and barriers of transgender people.  

Recommendations

Despite the challenges, there are key recommendations for authorities to begin implementing.

• Firstly, the government needs to create active spaces for learning which are not only directed at the transgender community but at the local government level, too. Meeting people where they are will go a long way, including educating people more about the rights of transgender people, especially parents of transgender children.  
• Furthermore, the government needs to focus on the implementation of the laws on the books. There is a major failure in terms of implementation and close monitoring of progress as more and more transgender people experience transphobia. 
• Transgender people are still experiencing barriers in accessing healthcare facilities. They are eligible for medical treatment including reconstructive surgery under the government health insurance scheme. However, there is major discrimination within healthcare facilities as many transgender people are ridiculed in public. 
• In an effort to improve the literacy rate of transgender people, the government of Pakistan established the first state-run transgender school. As many transgender people avoid enrolling in schools because of stigma and attacks from students and teachers, the government of Pakistan has created a space for them to receive an education without judgement. However, due to them being accustomed to isolation, for many transgender people, school is not a priority. The government should take on a more active role in engaging trans people of school-going age about ways they can improve their access to education.
• Mental health is another serious issue that affects many transgender people. Due to all the challenges they experience in their communities, they tend to isolate themselves and succumb to pressure from families and society which leads many to unsafe spaces, exposing them to further trauma and abuse. There is a need for more programs that are designed specifically to support the mental wellness of the transgender community. 
• Finally, there are many transgender activists doing good work who have the skills to improve conditions for transgender people in the country, without support from the government. Pakistan needs to leverage the skills of these activists to improve civic spaces for transgender people.  

*Makwela is the Global Communications and Marketing Coordinator at the Accountability Lab