Democracy's debt to transvestites and trans people: Demanding reparation for a dignified old age

Transvestite and trans collectives are demanding historic reparations for those who survived structural violence and persecution simply for existing. On Transgender National Day, for the third consecutive year, transvestites took their demand to Plaza de Mayo.

BUENOS AIRES, Argentina. Trans and transvestite, transsexual, and transvestite groups, youth, adults, and seniors gathered in Plaza de Mayo for a day of protest demanding the passage of a reparations law for trans and transvestite survivors of state terrorism and police edicts.

Called by Las Históricas Argentinas, the protest took place for the third consecutive year on May 24th, which they dubbed "Trans Homeland Day," on the eve of the anniversary of the May Revolution. They are demanding a restorative pension for a dignified old age.

National campaign for historical reparation

“We are here to demand a Historical Reparation Law Now for those of us who have experienced systematic violence from the Argentine State, which only recognized us as citizens in 2012 through the Gender Identity Law. The debt is owed to us: for considering us not human, not citizens, not Argentinian, for denying us work, culture, education, and healthcare.” This demand begins the document read on the stage set up a few meters from the City Hall.

Previously, the survivors had marched in a circle around the Pyramid of May, emulating the legacy of the Mothers—who continue to march there every Thursday—and the Grandmothers. “We demand Memory, Truth, and Justice for our community! We need a Historical Reparation Law NOW. We demand the commitment of Deputies and Senators to give legal force to this bill, which we have been campaigning for for more than 13 years. All political spaces that consider themselves democratic have an ethical obligation to support Historical Reparation and turn it into Law so that it doesn't lie dormant in the drawers of Democracy,” they demanded in the same document. 

"Reparation for trans women is a debt the nation owes us," was sung throughout the afternoon, which included a beautiful rendition of the Argentine national anthem performed by trans artist Fedra. There was a communal potluck—facilitated by the members of Ni Una Menos—and dancing on an event that, despite the urgency of the demand, brought together trans fury and a festive spirit. 

The call was supported by more than 100 social, political, feminist, territorial, cannabis, student, union, and human rights organizations, according to Las Históricas. Activists from that organization and other trans and transvestite groups from across the country took turns on stage to read the full document. 

“Today, May 24th, baptized by us as Transvestite National Day, finds us with comrades, companions, and colleagues with whom we have been collectively building a great National Campaign for the urgent need for a Law of Historical Reparations . We have international support from comrades in Bolivia, Ecuador, Italy, Holland, Spain, and other corners of the world, because transvestite trans people break borders and exist throughout the planet,” they read.

The Never Again of the transvestite trans homeland

Patricia Rivas, a member of Las Históricas, told Presentes : "The State owes us this existence because they always persecuted us, hunted us, and killed us. It's time and place for us to be recognized and for this to be our last Never Again."

Marlene Wayar was unable to attend due to health reasons and sent an audio recording that was played in Plaza de Mayo. "How proud to know that we have been able to meet again, all together, making a great effort to be together, the transvestite, transsexual, transgender, and trans community, with a common agenda to continue achieving rights and give the country the opportunity to grow democracy, which has been so maligned." 

A new reparations bill

Marlene spoke about the political work needed for historical reparations, a project that has been campaigned for for over 10 years, to become law. Las Históricas has been working on a project conceived by members of these groups. "Only a transvestite can know what is best for another transvestite" is the leitmotif of this initiative, which has not yet been presented. It consists of three chapters and twenty articles, which are currently being finalized. In addition to economic reparations, it includes proposals such as creating a National Archive of Trans Memory, making symbolic reparations, requiring the State to apologize for its crimes, and creating a registry of victims.  

Marlene explained that "this is a first step, to join forces and devise strategies (to request the law's approval) that are not limited to the National Congress in the Federal Capital. Each province will have to work with representatives and senators from their provinces, demanding that they take up the bill, read it, learn about it, support it, and vote. This is about growing democracy, this is about strengthening institutions." 

This year, it was decided to remain in the Plaza and not march to Congress, following the harsh repressive operation that the aunts, as the survivors are affectionately known, endured last year.

In the Plaza were older women from the Trans Memory Archive, activists from La Rosa Naranja, and young people from the Mocha Celis Popular High School, among other institutions and groups engaged in intergenerational dialogue. "We came from Luján to demand reparations for the aunts. But also so that we don't have to ask again for the rights we achieved thanks to them—rights that this government threatens to take away from us," Logan and Luciana, the president of "Juntas por Vida," told Presentes. 

Belén, a trans sex worker, came from Barrio 31 with the group Act Up. “I came to support many trans people who suffer from the government's hatred. But it's clear that it's not just aimed at us, but at all of society.”  

Why reparation for trans and transvestite survivors is urgent and necessary

From La Rosa Naranja, Marcela Tobaldi highlighted why reparation is necessary: ​​“There are facts that cannot be hidden, like our average lifespan of 40 years. Are there other sectors that have this average? No, only transvestites. We cannot allow, as a responsible, humane society, this average lifespan. Ten years ago it was 35, and thanks to public policies, we have had five years of growth. By this, I mean that politics determines the lives of a country's citizens. In this case, the State owes an immense debt to the transvestite and trans community. I know that with this government, there are things we won't be able to achieve, but I do believe there is a national and popular force that has a sense of humanism and puts historical reparation on the urgent agenda.”

Among those who came to support the event was Mónica Astorga, known as the Trans Nun , surrounded by the embrace of transvestites. At her side was Tatiana, who came from Neuquén and is a member of ATTTA (the Association of Transvestites, Transsexuals, and Transgenders of Argentina). Also present were organizations promoting sexual diversity, such as 100 Percent Diversity and Rights.

"We're facing a government trying to hijack our narrative, one that speaks of historic reparations for savings, when we've been asking for our lives to be told for decades. As long as trans people live in inhumane conditions, we will continue to fight," transmasculine activist Ese Montenegro told us. 

Santa Fe, the pioneer in historical reparation 

To date, Santa Fe is the only province with a historical reparation law. Approved in November 2023, the Post-Dictatorship Reparation Law for Trans and Travestis provides a pension for those detained between 1983 and June 10, 2012. At the time of its approval, the government had compiled a registry of the number of beneficiaries, and the total number was 147.

What happened to previous projects

In 2023, historical reparations began to be debated in Congress . In May, when the debate began, there were three bills proposing reparations, and the Women and Diversity Commission called for a unified text with transvestite and trans activists. However, there was no agreement with the opposition blocs to advance the treatment. Today, all of those bills (Mónica Macha, Mara Brawer, Gabriela Estévez, and members of the Frente de Todos party) have lost parliamentary status. Macha did not reintroduce the initiative, in agreement with the organizations that requested their own bill.

How collective social security protection continues 

On the other hand, in November of last year, the Trans Memory Archive, with the support of the Center for Legal and Social Studies (CELS), filed a collective appeal demanding that the courts grant trans people over 50 the right to social security . This action was against ANSES and was signed by 13 petitioners representing different groups.

“The State responded that they had no standing to act on behalf of others or on their own, and that there was no cause,” Lucía de la Vega, coordinator of the feminist agenda at CELS and attorney for the case, explained to Presentes . On Friday, CELS added another complaint: Resolution 291 of the Minister of Justice, which repealed thirteen programs, including the Access to Rights for Transgender Persons (TTT) program, one of the few public policies aimed at transgender people. It consisted of financial support equivalent to two minimum living wages and a mobile salary for people in situations of extreme vulnerability.

“The elimination of the only existing public policy for trans, transgender, and transvestite people further harms the situation of this group. It makes it imperative to establish a modification to the social security law and a pension plan in terms of reparations for transvestite and trans people over 60,” De la Vega concluded.

This legal action is collective, and ultimately argues that the Social Security Law does not comply with the Gender Identity Law. Both avenues (judicial and legislative) offer the same arguments. The individuals in this group have been suffering from structural violence and exclusion, and that's why they don't have as many years of service. Nor do they fit into the binary. Furthermore, most have suffered from institutional violence that must be recognized and redressed.

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