Transgender disenfranchisement in KP
\nJAVED KHAN
\nPESHAWAR
\nIn 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 \u2018X\u2019 Computerized National Identity Card (CNIC).
\nThis 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 \u2018X\u2019 CNIC, limiting the community\u2019s ability to participate fully in the electoral process.
\nFarzana 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.
\nThe 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 \u2018X\u2019 National Identity Cards for transgender persons.
\nUnfortunately, this process has faced multiple suspensions, leaving the community in the dark about the developments.
\nFarzana laments that despite the community\u2019s significant size, with over 57,000 transgender persons in the province, only a limited number have been issued CNICs with the \u2018X\u2019 symbol.
\nAysha Khursheed, Legal Advisor at the Di Hawa Lor organization, sheds light on the challenges faced during the issuance of \u2018X\u2019 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.
\nHowever, after the Federal Ombudsman\u2019s decision, NADRA withdrew a notification halting the issuance of \u2018X\u2019 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.
\nThis ruling has further complicated the process for transgender individuals seeking recognition and rights.
\nAysha 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\u2019s registration and issuance of \u2018X\u2019 NICs futile for the upcoming elections, she added.
\nSohail 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 \u2018X\u2019 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 \u2018X\u2019 cards and voter registration.
\nMr Sohail highlights the Election Commission\u2019s 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.
\nSardar Ali, Social Welfare Officer in the NGOs Sector at the Provincial Social Welfare Department, reveals that only 13 transgender persons have obtained \u2018X\u2019 CNICs and registered with the department. He attributes the low numbers to the community\u2019s reluctance to register, fearing complications in property distribution.
\nMoreover, the lack of suitable parental figures, known as \u201cgurru,\u201d further hampers the registration process, resulting in a meager number of transgender persons registered with NADRA and the ECP.
\nAli 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.
\nMr Ali, who participated in consultations initiated by the ECP, expressed disappointment over the community\u2019s failure to complete group or organization renewal processes.
\nIn conclusion, the challenges faced by transgender individuals in KP highlight the urgent need for streamlined processes that recognize and respect their gender identity.
\nAs the electoral process unfolds, it is crucial to implement targeted awareness campaigns, address legal contradictions, and expedite the issuance of \u2018X\u2019 NICs to ensure the inclusion of transgender persons in the democratic fabric of the nation.
\nWithout these measures, the risk of disenfranchisement remains a pressing concern for a community striving for recognition and equal rights.
\nTariq Afghan, Secretary of Youth Affairs for the Awami National Party (ANP), emphasized the party\u2019s commitment to enacting comprehensive legislation that would grant the right to vote to the transgender community.
\nSpeaking 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\u2019s 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.
\nMalik 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.
\nAfridi 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.<\/p>\n","protected":false},"excerpt":{"rendered":"
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 \u2018X\u2019 Computerized National Identity Card […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-372451","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-top-news"},"yoast_head":"\n