Transgender disenfranchisement in KP
JAVED KHAN
PESHAWAR
In Khyber Pakhtunkhwa (KP), a significant number of adults identifying as transgender find themselves on the brink of disenfranchisement. Approximately 95 individuals, still awaiting registration with the Election Commission of Pakistan (ECP) under their non-binary gender identity, face hurdles in obtaining a crucial ‘X’ Computerized National Identity Card (CNIC).
This card is essential for registering as voters and exercising their right to vote as transgender persons. The challenges lie in the discriminatory processes surrounding the issuance of the ‘X’ CNIC, limiting the community’s ability to participate fully in the electoral process.
Farzana Riaz, a prominent Trans rights activist in KP and president of the advocacy group Trans-Action, reveals a glaring issue. While 95pc of transgender individuals possess CNICs, these documents inaccurately identify them as male, failing to reflect their true gender identity. This misidentification hampers their ability to cast votes in upcoming general elections, illustrating a fundamental flaw in the system.
The Provincial Election Commission of KP, in collaboration with the National Database Registration Authority (NADRA) and the provincial social welfare department, initiated a process to issue ‘X’ National Identity Cards for transgender persons.
Unfortunately, this process has faced multiple suspensions, leaving the community in the dark about the developments.
Farzana laments that despite the community’s significant size, with over 57,000 transgender persons in the province, only a limited number have been issued CNICs with the ‘X’ symbol.
Aysha Khursheed, Legal Advisor at the Di Hawa Lor organization, sheds light on the challenges faced during the issuance of ‘X’ symbol NICs. The Federal Sharia Court (FSC) declared certain sections of the Transgender Persons (Protection of Rights) Act 2018 contradictory to Islamic Law, leading to delays.
However, after the Federal Ombudsman’s decision, NADRA withdrew a notification halting the issuance of ‘X’ symbol identity cards within two months. A significant setback occurred in July 2023 when the FSC struck down the aforementioned act, citing contradictions with Islamic Law.
This ruling has further complicated the process for transgender individuals seeking recognition and rights.
Aysha emphasizes that the Election Commission has frozen voter lists for the upcoming general elections, eliminating the possibility of adding or removing voters. This freeze renders the ongoing efforts for transgender people’s registration and issuance of ‘X’ NICs futile for the upcoming elections, she added.
Sohail Ahmad, spokesperson for the Provincial Election Commission of Pakistan, KP, points out that many transgender persons fail to follow the prescribed procedure for obtaining an ‘X’ NIC. The process involves registering with the provincial social welfare department, which requires evidence of parental or guardian consent. He stated that transgender individuals often bypass this requirement, leading to complications in the subsequent issuance of ‘X’ cards and voter registration.
Mr Sohail highlights the Election Commission’s efforts in organizing events, sessions, and workshops to raise awareness about the importance of voting, particularly for marginalized groups such as transgender people. However, there seems to be a lack of targeted initiatives for the transgender community, hindering their active participation in the electoral process.
Sardar Ali, Social Welfare Officer in the NGOs Sector at the Provincial Social Welfare Department, reveals that only 13 transgender persons have obtained ‘X’ CNICs and registered with the department. He attributes the low numbers to the community’s reluctance to register, fearing complications in property distribution.
Moreover, the lack of suitable parental figures, known as “gurru,” further hampers the registration process, resulting in a meager number of transgender persons registered with NADRA and the ECP.
Ali highlights the existence of three major transgender groups registered with the social welfare department, each with its own population data. Sardar Ali shared that around 463 transgender persons in the province, including 139 from Peshawar, have completed their registration process with KP social welfare department.
Mr Ali, who participated in consultations initiated by the ECP, expressed disappointment over the community’s failure to complete group or organization renewal processes.
In conclusion, the challenges faced by transgender individuals in KP highlight the urgent need for streamlined processes that recognize and respect their gender identity.
As the electoral process unfolds, it is crucial to implement targeted awareness campaigns, address legal contradictions, and expedite the issuance of ‘X’ NICs to ensure the inclusion of transgender persons in the democratic fabric of the nation.
Without these measures, the risk of disenfranchisement remains a pressing concern for a community striving for recognition and equal rights.
Tariq Afghan, Secretary of Youth Affairs for the Awami National Party (ANP), emphasized the party’s commitment to enacting comprehensive legislation that would grant the right to vote to the transgender community.
Speaking on the matter, Mr. Afghan highlighted that this initiative aligns with the core principles outlined in the ANP manifesto, which seeks to safeguard the rights of all vulnerable communities, with a specific focus on ensuring the protection of transgender citizens through legal frameworks. In line with the ANP’s manifesto, Mr. Afghan affirmed that the party is resolute in its mission to enact laws that go beyond mere rhetoric, aiming to guarantee the full spectrum of rights for the transgender community.
Malik Amjad Khan Afridi, Secretary Information, Pakistan Peoples Party (PPP) KP chapter said that its party is supporting transgender community voter registration process on all forums and believes in equal rights for all marginalized groups in the country.
Afridi said as a mainstream political party, PPP will take pragmatic steps to give legal protection to transgender community for obtaining X CNIC across the country. Transgender persons are too the citizens of the state and deserve equal rights to education, health facilities and vote on their own identity, he said.
