By Karima Safdari* 

Being transgender is not an illness but rather a form of gender incongruence. According to the World Health Organization’s definition, transgender individuals (referred to as “trans” for short) are those who experience a misalignment between their gender identity and the sex assigned to them at birth (Haqi, 1390/2011). In other words, there is a discrepancy between their internal sense of gender and their assigned biological sex.  

Though this condition, known as gender incongruence, is a natural and universal phenomenon, transgender individuals face pervasive discrimination throughout Afghanistan. Such discrimination can be seen in how many in Afghanistan describe transgender people. Often, they use a derogatory term, “ezak” (ایزک). According to the Dehkhuda dictionary, “ezak” is defined as “lightning bugs” (کرم شب تاب), which emit light to attract mates during the night. The “bugs” term captures the negative sentiments held by the majority against transgender individuals as they are perceived as aberrations, sick, unnatural, and a contamination of society.  

Like many societies, particularly those in underdeveloped countries, Afghanistan officially recognizes only two genders: male and female. In contrast, many developed countries recognize transgender individuals, their rights, interests, and desires, and acknowledge transgender identities as valid and independent “gender identities.” Transgender individuals can be found across genders, and their significant characteristics include having interests, inclinations, and characteristics associated with a gender different from their assigned sex, as well as dissatisfaction with their assigned gender (Mardani, 1398).  

The effects and characteristics of transgender individuals can vary from person to person. For some individuals, this sense of conflict may influence their perceptions and behaviors. People with gender incongruence may undergo gender reassignment, openly disclose their condition or transgender identity, conceal their gender identity, or make physical changes to align their appearance with their gender identity. Traits such as curiosity about and interest in the opposite gender, sexual dissatisfaction, confusion, discontentment with one’s gender, behaviors that align with the opposite gender, a preference for dressing in the clothing of the opposite gender, depression, isolation, and more can be observed among transgender individuals (Mardani, 1398/2019). 

There is a lack of awareness about sexual minorities (transgender individuals or trans) and their realities in Afghan society. In addition to the absence of legal recognition for transgender individuals, discrimination is tolerated. As a result, transgender individuals in Afghanistan encounter difficulties in finding employment, accessing education, participating in society, engaging in politics and the economy, pursuing gender reassignment, and various other aspects of life. They not only have their social and legal rights violated but also experience ongoing disrespect, mockery, insults, threats, coercion, violence, and expulsion. Moreover, due to the harsh tribal, masculine culture in the country, many perceive being transgender as a “shame” (Mardani, 1398/2019). 

The structural discrimination against this sexual minority and the challenges they face fall into three main categories:  

1.     Within the family structure  

The family structure in Afghanistan is male-dominated, patriarchal, and heavily influenced by tribal culture, where the economy is often based on agriculture and animal husbandry. In such families, male members are considered strong and hold higher incomes and superior positions. In contrast, female members are seen as weak, with limited income and employment opportunities, resulting in lower social status. Transgender individuals face inequality, mockery, and cruelty within their families even before dealing with challenges posed by society as a whole. Due to their perceived physical weakness, fragility, and non-aggressive personalities, transgender individuals are not considered military or economic assets according to tribal cultural norms, leading to shame and mistreatment within their families. Discrimination and mistreatment within the family cause personal and psychological harm, such as frustration, lethargy, resentment, hopelessness, and decreased self-confidence, as well as social consequences, including limited opportunities for social participation, alienation, lack of support, and restricted access to cultural, political, and economic resources. Thus, the family structure in Afghanistan perpetuates biases against transgender individuals, and the lack of compassion and inequality starts within the family. 

2.     Within the social structure  

Like family structures in Afghanistan, the country’s social structure is characterized by masculinity, rigid tribal and ethnic divisions, traditionalism, and opposition to gender diversity. In addition, the social structure strongly emphasizes ascriptive identities, such as ethnicity, language, religion, and gender, which are considered unchangeable. Often, society assigns positions and worth to individuals even before their birth.  

The inflexible social structures and hierarchies do not allow for gender change or the expression of individuals’ desires beyond their assigned gender. Transgender individuals are despised and rejected in social discourse and cultural norms and are perceived as incomplete, deviant, and weak, leading to their exclusion from education, employment, marriage, travel, civil liberties, and other opportunities. 

3.     In the legal structure 

Afghanistan’s legal system largely reflects the country’s social and cultural structure. Consequently, it contains no specific provisions or articles that recognize the legal status and rights of transgender individuals. The legal system does not support gender reassignment or even changes in appearance and clothing for individuals desiring to express a different gender. That absence of legal recognition represents a significant form of gender-based discrimination and a violation of human rights. As the legal system does not condemn discriminatory and criminal behaviours against transgender individuals solely based on their “gender identity,” it overlooks the daily injustices faced by this minority group, including how so many treat transgender individuals as dangerous individuals. 

In conclusion, transgender individuals are a biological and social reality. Throughout history and across different societies, there have been individuals who experience a conflict between their gender identity and their assigned sex. While developed countries have acknowledged and accommodated these differences, transgender individuals face significant challenges due to societal structures based on tribal and patriarchal systems in other nations, including Afghanistan. These structures perpetuate discrimination and mistreatment of transgender individuals within families, society, and legal systems. The lack of recognition and protection for transgender individuals has severe psychological, social, and legal consequences. Addressing these issues requires raising awareness, promoting education, advocating for legal protection, and working towards building a more inclusive and accepting society for transgender individuals. Alas, the Taliban’s return to taking power on August 15, 2021 means that all of these challenges have been comprehensively intensified.  

Sources:  

Haqi, Saeed. (1390/2011). Clinical Psychology, Tehran: Farhang-e No. 3rd edition.  

Mardani, Yasin. (1398/2019). The Other Sexualities, Tehran: Kooye No. 1st edition. 

*Karima Safdari is a human rights activist who specializes in the rights of sexual minorities. Safdari has a master’s degree in law.  

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