Photos: Ariel Gutraich. On Thursday, November 16, the bill for reparations for transvestites and transgender people who have suffered institutional violence due to their gender identity will be presented in the National Senate. This step forward in the #ReconocerEs Reparar (Recognize Is Repair) campaign aims to pass Bill 8194 into law: to provide a special pension to transvestite and transgender people over 40 years of age who have suffered violence, whether through the application of police edicts or any other degrading act by security forces. Conceived by transvestite leaders Marlene Wayar, Lohana Berkins, and Diana Sacayán, the bill was drafted collectively by several organizations: Abosex, Alitt, Futuro Transgenérico, MAL (Movimiento Antidiscriminatorio de Liberación, created by the murdered transvestite activist Diana Sacayán), Conurbanos por la Diversidad (Suburbanites for Diversity), and has the support of more than 30 LGBTQ+ organizations. It was introduced in the Chamber of Deputies on October 6, 2016, with the signatures of twenty-two legislators. Its progress has been stalled in the Internal Security Committee since early 2017.

[READ ALSO: To provide reparations to trans and travesti victims of police violence]

It is estimated that around 300 transvestite and transgender people across the country could receive this pension: few reach old age; the life expectancy of a trans person is 35 years. “Many were killed, others died in poverty and from illnesses,” she told Presents Emiliano Litardo, a member of Abosex and one of the main activists promoting the campaign.

"We want the State to acknowledge that it abandoned us."

“I am 52 years old and a trans woman survivor. I lived through the time of repression when we didn't even have the right to go out on the street to buy food. I spent my entire youth detained, humiliated, and unjustly mistreated, and I didn't have the opportunities to have a decent job,” she told Presents Flavia Elizabeth Flores, one of the campaign's organizers representing the Mocha Celis Trans Popular High School, said, “We are asking for reparations that go beyond just monetary compensation.” We want the State to acknowledge that it was absent for us, that it left us adrift and forced us into prostitution. The State denied us everything. It abandoned us.” he stated.

The right to a dignified old age

“It is essential that the State recognize the genocide against trans and gender-diverse people and provide reparations to the thousands of victims of institutional violence,” said Say Sacayán, a leader of MAL. “Historically, non-binary gender identities have been persecuted and punished.” The State must set an example so that society begins to understand that transvestite and trans people must have their rights guaranteed.” He added, “We want to broaden the strategy for fighting for and raising awareness of this issue, which is relevant not only because it was an agenda that Lohana entrusted us to continue, but also because it is linked to the right to a dignified old age, and to ensuring that the State redresses the consequences of the historical criminalization of the trans population.” The bill was signed by legislators from different political blocs. Senator Sigrid Kunath, from Entre Ríos and a member of the Front for Victory (FpV), will present it in the Senate next Thursday. Greta Pena, president of 100% Diversity and Rights, told Presentes that the Gender Identity Law It not only enables changes of sex and name, dignified treatment, or health coverage, but fundamentally It declares gender identity a human right. "This means that its violation entails redress." She explained, “This reparation, which we seek to enshrine in law, will dignify the trans and gender-diverse survivors of the violence suffered as a result of police edicts. But it will also dignify all those murdered and killed, and, above all, all of Argentine society, which will enrich its collective memory and include in history the…” trans identities as a political subject”.

[READ ALSO: A #Shout declares a state of emergency for transvestites and trans people]

“An urgent law in a context of increased police repression”

From Conurbanxs por la Diversidad, they told Presentes that “The State must recognize and apologize to the trans community and has the obligation to implement public policies and laws that redress the persecution and systematic violence perpetrated against trans and travesti identities and bodies. The approval of the national law is urgent. "The reparations we have presented to the National Congress, along with other organizations, aim to bring justice to thousands of our comrades, but also send a clear message to the current government in a context of increased police repression."

[READ ALSO: Photo Chronicle #Campaign]

What the project says

Bill 8164 is justified by the guidelines set forth in Principle 28 of the Yogyakarta Principles and the Gender Identity Act (enacted on May 9, 2012). It states that:

•  A gratuity pension will be granted to those who have been deprived of their liberty for reasons related to their gender identity as a result of the actions of federal security forces or by order of a judicial authority or the Public Prosecutor's Office under national or federal jurisdiction.
• Particularly benefiting will be those persons to whom sections "F", "H", and "I" of article 2 of the repealed Regulations on Contraventional Procedures of the Police Edict have been applied.
• The benefit will be increased by 30% if the person suffered sexual violence.
• The benefit will be equal to the monthly remuneration assigned to Category D, Level O, General Grouping of SINEP.
• The implementing body will be the Secretariat of Human Rights of the Ministry of Justice and Human Rights of the Nation.

“Everyone needs to come and support us in this fight on Thursday,” Flavia Flores urged. She added, “Society needs to stop being hypocritical and understand that trans women aren’t aggressive, nor are we causing trouble. We’re people who want to live peacefully and spend our old age in peace. We pay taxes like everyone else, but everything costs us twice as much. There’s abuse because of our situation.” The presentation of the bill "Recognizing is Repairing" will be next Thursday, November 16, at 10:00 a.m., on the 5th floor, Auditorium Hall of the Honorable Congress of the Nation, Hipólito Yrigoyen 1710, CABA.  ]]>