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BUENOS AIRES, Argentina. Eleven years after the recognition of gender identity in Argentina, the law that brought democracy to trans and transvestite people, the collective is now demanding reparations for what they experienced. "It's recognition of all the harm they caused us ," the activists say. On May 24, they will hold the . "

"It's a recognition of all the harm they caused us: the persecution, the rape, the torture, the imprisonment, the murder of so many companions and friends. It's a recognition of institutional persecution by both the State and society as a whole, and even by our own families. They denied us our existence, they killed us, and they outlawed us for the mere fact of existing ," Patricia Rivas, a 56-year-old trans survivor and activist with Travestis-Tras Las Históricas Argentina Presentes .

This legislation allows for the provision of a monthly compensatory pension to trans and transvestite people over 40 who have been victims of institutional violence based on their gender identity. 

A real democracy

The group warns that this violence did not occur only during the last military dictatorship. Democracy for them did not arrive in 1983, with the end of state terrorism. Police edicts criminalizing them solely for being transvestites or trans—which were only repealed in 1998 in the City of Buenos Aires and a decade later in the Province of Buenos Aires—earned them arrests, imprisonment, and the violence unleashed by police officers in those establishments and on the streets.

"We demand historic reparations because we know that it was the State that perpetuated state terrorism against transvestite and trans bodies, not only during the dictatorship but also throughout much of democracy. We can say that almost two decades later, we began to acquire some rights. But with misdemeanor crimes, until almost 2000, transvestite and trans people were fined and imprisoned. The State was the one that criminalized our identities and generated terrorism against our life projects and identities. Therefore, the State must respond," Alejandra Silvestre, a teacher and activist with Mujeres Trans Argentina (MTA) Presentes .

In addition to the repeal of police edicts, Argentine human rights regulations that began to be implemented in 2010 have contributed to improving the situation of the transvestite community.

"We don't have 40 years of democracy, we've had 12, since the Gender Identity Law was passed," said trans survivor Marcela Viegas Pedro in her statement at the trial for crimes committed by the brigades in the southern suburbs of Buenos Aires province , known as the Brigades case, before the Federal Oral Court (TOF) 1 of La Plata. When she was very young, she was detained in Pozo de Banfield, one of the 230 clandestine centers that operated in Buenos Aires province under State Terrorism.

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Towards more rights

For Marcela Tobaldi, a transvestite activist and president of La Rosa Naranja " in Argentina equal marriage , the national gender identity law, the quota law that provides for this 1% within public and private employment." Within this framework, there is still a need to "establish this floor of rights to recognize and repair, which is a recognition of our lives, our struggles, and our journeys."

There are currently three bills being introduced in the Chamber of Deputies seeking historical reparations. One was introduced by Representative Mónica Macha , another by Mara Brawer , and another by Gabriela Estevez , all from the Frente de Todos party. "They are working with advisors from the Women's Commission to draft a summary and issue a ruling," Brawer told Presentes , clarifying that "the idea is to pass it this year."

Furthermore, in the province of Buenos Aires, at the initiative of the Ministry of Women, Gender Policies, and Sexual Diversity , Governor Axel Kicillof sent a bill to the legislature in October of last year seeking to recognize and compensate the collective. "The bill is very advanced," Tobaldi told Presentes about the initiative, which he considers "superior" to the others.

This bill provides for a higher pension amount than the previous ones, equivalent to "three basic salaries for the Administrative Group Entries Category – Class 4."

Santa Fe, the pioneer

On the other hand, in 2018, the province of Santa Fe was a pioneer in interpreting its local laws related to crimes against humanity in favor of the transvestite trans community.

In this regard, the Director of the Provincial Social Pension Fund extended the application of Provincial Law No. 13,298 of 2012 on Pensions for Political, Union, and Student Prisoners (1976-1983) to this group. Furthermore, a reparation bill was introduced in April of last year.

The projects generally target transvestites and trans people over 40 because the average lifespan for this group is between 35 and 40. "We're talking about a population where the majority doesn't reach 40. All those over 40, who are the ones who experienced terrorism, are survivors," Silvestre told this agency.

Claim rights

This reparation "involves erasing the wounds and all the police persecution we endured simply for having a different identity," acknowledged Marcela Saibek, 57, a member of Travestis-Tras Las Históricas Argentina. "They violated our rights in every way, physically and morally. They took them away. We didn't exist as citizens. That's why this reparation involves reclaiming our rights, not demanding that we no longer be disrespected," she concluded.

The march will take place at 3 p.m. on May 24th. In Buenos Aires, it will depart from Plaza de Mayo to the National Congress.

To carry it out, the various organizing organizations are raising funds to welcome fellow marchers, guarantee sound and technical support (for a festival after the march), and provide water and food supplies. To participate in this fundraising campaign, you can send money to the alias HISTORICASARGENTINAS.