MoHR to ensure implementation of ‘Transgender Act 2018’

Author: APP

Ministry of Human Rights (MoHR) has taken several initiatives in order to ensure effective implementation of the historical legislation “The Transgender Act 2018”.

According to official data available with APP, the Transgender Act 2018 explicitly bans any discrimination against transgender citizens of Pakistan by employers, organizations, educational institutions, healthcare providers, transportation service providers and any private business or service provider.

Under the obligations of government, it also calls for the establishment of government-run protection centers for transgender citizens who feel at risk of harm.

It further guarantees transgender citizens their right to inheritance – often disputed under some interpretations of Islamic law – to run for public office, to assembly, to have access to public places and several other specific rights.

Transgender persons in Pakistan constitute one of the country’s most vulnerable and marginalized communities due to a multitude of inter-related socio-cultural, political, economic and legal hurdles.

In May 2018, the government passed an unprecedented and historic legislation – The Transgender Persons (Protection of Rights) Act, 2018 -with the aim of advancing and mainstreaming the constitutional rights of transgender persons.

The legislation itself is wide ranging and encapsulates the right to identity, inheritance, health, education, employment and access to public places.

The Federal Ministry of Human Rights (MoHR), which was a participant in the consultative process to bring about the aforementioned Act, has been delegated the responsibility for its effective implementation by the Parliament.

To achieve this goal, MoHR has not only conducted consultations and meetings with transgender rights activists and civil society organizations but has also established the National Implementation Committee on transgender persons which consists of a transgender focal person from each province.

MoHR has also appointed a Transgender Expert from the community itself, who serves as the coordinator of the said committee.

These initiatives taken by MoHR are setting examples for others to follow in order to promote and mainstream transgender rights. List of Activities National Implementation Committee MOHR has constituted a National Implementation Committee which comprises of 13 members with the Secretary MOHR as its Chairperson for the effective implementation of the Transgender Persons (Protection of Rights) Act, 2018.

The MOHR has also appointed a Transgender Person, Reem Sharif, to work as the Transgender Rights Expert and to serve as the coordinator of the said National Committee.

“After my appointment, I have developed a coordination mechanism 1 Article 25, The Constitution of the Islamic Republic of Pakistan, 1973 and TORs for this committee. We have also conducted several meetings and consultations with the committee members,” transgender said.

Transgender Protection Center (TPC) conducted two consultations with all of the relevant stakeholders (transgender community members, government institutions and civil society) to develop coordination/referral Mechanism and prepared Terms of Reference (TORs) for the TPC, drafted police guidelines with reference to international precedent, conducted police sensitization session and consultation on the drafted Guidelines with Islamabad and Rawalpindi Police.

The ministry has developed coordination mechanism for all of the five community leaders who are members of the National Implementation Committee.

Awareness sessions were also conducted at universities and other public platforms. Separate wards have been established in PIMS hospital for Transgender citizens.

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