An Indian hijra dances in Mumbai. Photo: Getty.
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India’s Supreme Court recognises a third gender

The Supreme Court in India has issued a new law allowing transgender people to change their gender on official documents to reflect their gender identity – why are so many European countries still several steps behind?

The Supreme Court in India has issued a new law allowing transgender people to change their gender on official documents to reflect their gender identity. Many newspapers yesterday reported this as India officially recognising a “third gender” – because until the law was passed, transgender people had to register as either male or female. The law is actually more wide-ranging than this because it means anyone can change their gender on official documents to male, female or transgender depending on their self-identity. The term self-identity is crucial here: transgender people in India don’t need to undergo any surgical or medical intervention to change their gender on official documents.

These new laws alone won’t change the discrimination that many transgender people (often called hijra in India) face: many are excluded from mainstream employment and society – to the extent that some hospitals have reportedly refused to treat them – and are regularly harassed by police. It is however an important step in the right direction, because legal recognition can underpin greater social acceptance and community integration. The Supreme Court is also introducing quotas to increase the representation of transgender people in employment and education.

So how does India now compare to other countries in terms of transgender rights? It is hard to find reliable, comprehensive data on laws protecting transgender people worldwide, but Amnesty International  and the International Lesbian, Gay, Bisexual, Trans and Intersex Association both publish detailed reports on the situation in Europe: and they suggest that European countries have some catching up to do when it comes to establishing a legal framework to protect and recognise the rights of transgender and intersex people.

Last year, Germany became the first country in Europe to allow babies to be registered as “indeterminate sex” when they are born with characteristics of both sexes: until then (as in other European countries) parents were forced to assign a gender to their baby, a decision that is often accompanied by surgery to make the child’s physical characteristics conform more closely to either male or female.

Several countries worldwide allow individuals to register as a third gender on their passport applications including New Zealand (2012), Bangladesh (2011) and Australia (2011) , while Nepal has allowed people to register as a third gender on its census since 2007 and Pakistan on identity cards since 2011. In the UK, individuals who are born intersex (around one in 2000 of the population) must be registered as male or female, and often undergo surgery as young babies to “enforce” this assigned gender. 

European countries have also been too slow to allow individuals to change their gender on official documents to reflect their self-identity. In 1992 the European Court of Human Rights ruled that refusing to allow people to change their gender markers on official documentation was a violation of human rights – but still many European countries are lagging behind. The ILGA has published a summary of trans rights across 49 countries in Europe and found that in 16 countries there is no procedure for people to change their gender on official documents. In 24 countries in Europe, trans people must undergo sterilisation before their gender identity is recognised. In other countries they must first be diagnosed as suffering from a mental health disorder and in 19 countries you must be single to change your gender identity. Why should people be forced to make such stark choices?

While the legal system in many European countries fails to recognise individuals’ gender identity, many transgender people are also subject to abuse and discrimination in other areas of life: 35 per cent of respondents to Amnesty International’s survey of transgender rights said they had experienced violence or the threat of violence in the past five years.

The Supreme Court ruling in India is good news for the country’s transgender population, and its impact could be even greater if it forces European countries to face up to some uncomfortable home truths. 

Sophie McBain is a freelance writer based in Cairo. She was previously an assistant editor at the New Statesman.

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Under pressure at home, Donald Trump will struggle to deliver what Saudi Arabia wants

Above all, the Gulf states want stability. Can this beleaguered US president bring order?

There is a nervous energy around Riyadh. Fresh palm trees line the roads from the airport, punctuated by a wall of American flags and corporate slogans: “Together we prevail.” All the street lights are suddenly working.

The visit of any American president is always a lavish affair in Saudi Arabia, but there is an optimism to this visit that evaded the Obama years and even the recent visits of Theresa May and Angela Merkel.

Yet, there are two distinct parts to this trip – Trump’s first overseas engagement as president – that will determine its success. The first is relatively straightforward. Trump will sign huge defence contracts worth billions of dollars and offer trading opportunities that allow him to maintain his narrative of economic renewal for American businesses.

For the Saudis, too, these deals will fit into their ambitious project – known as Vision 2030 – to expand and diversify their economy away from its current dependence on oil revenues. Both parties are comfortable with this type of corporate and transactional government, enjoying the gaudy pomp and ceremony that comes with the signing of newly minted deals.

The more complicated aspects of the trip relate to its political dimensions. As the Middle East continues to convulse under the most significant turmoil to envelope it since the collapse of the Ottoman Empire, what Gulf leaders desperately want is the re-establishment of order. At its core, that is what will define Donald Trump’s visit to Saudi Arabia – and the Saudis are optimistic.

Their buoyancy is borne of shared regional interests, not least curbing Iranian influence. Ever since the Arab uprisings in 2011, Tehran has asserted itself across the Levant by organising hundreds of proxies to fight on its behalf in Syria and Iraq. Closer to home, too, the Gulf states accuse Iran of fomenting unrest within Shia communities in Saudi Arabia’s eastern provinces, in Bahrain, and in Yemen.

All of this has left the House of Saud feeling especially vulnerable. Having enjoyed an American security umbrella since the 1970s, Obama’s pursuit of the Iran deal left them feeling particularly exposed.

In part at least, this explains some of the Kingdom’s more frantic actions at home and abroad – including the execution of prominent Shia cleric, Sheikh Nimr al-Nimr, and the war in Yemen. Both are really about posturing to Iran: projecting power and demonstrating Saudi resolve.

Trump shares these concerns over Iranian influence, is prepared to look the other way on Saudi Arabia’s war in Yemen, and is deeply opposed to Obama’s nuclear deal. Riyadh believes he will restore the status quo and is encouraged by the direction of travel.

Just last month Trump commissioned a review of the Iran deal while the US Treasury imposed sanctions on two Iranian officials. Saudi Arabia also welcomed Trump’s decision to launch cruise missiles against a Syrian military base last month after Bashar al-Assad used chemical weapons in the town of Khan Sheikhoun.

These measures have been largely tokenistic, but their broader impact has been very significant. The Saudis, and their Gulf partners more generally, feel greatly reassured. This is an American presence in the region that is aligned to their interests, that they know well and can manage.

That is why Gulf states have rushed to embrace the new president ever since he first entered the Oval Office. Saudi Arabia’s deputy crown prince, Mohammed bin Salman (colloquially known simply as “MBS”), already visited him in Washington earlier this year. The Emiratis and others followed shortly afterwards.

A spokesman for Mohammed bin Salman later described the meeting with Trump as an “historical turning point” in relations between the two countries. A White House readout of the meeting baldly stated: “The President and the deputy crown prince noted the importance of confronting Iran's destabilising regional activities.”

Now that Trump is visiting them, the Saudis are hoping to broker an even broader series of engagements between the current administration and the Islamic world. To that end, they are bringing 24 different Muslim leaders to Saudi Arabia for this visit.

This is where Trump’s visit is likely to be fraught because he plans to deliver a major speech about Islam during his visit – a move that has seemingly no positives associated with it.

There is a lot of interest (and bemusement) from ordinary Saudis about what Trump will actually say. Most are willing to look beyond his divisive campaign rhetoric – he did, after all, declare “I think Islam hates us” – and listen to him in Riyadh. But what can he say?

Either he will indulge his audience by describing Islam as a great civilisation, thereby angering much of his political base; or he will stick to the deeply hostile rhetoric of his campaign.

There is, of course, room for an informed, careful, and nuanced speech to be made on the topic, but these are not adjectives commonly associated with Donald Trump. Indeed, the pressure is on.

He will be on the road for nine days at a time when pressure is building over the sacking of the former FBI director James Comey and the ongoing investigation into former national security advisor Michael Flynn’s contacts with Russia.

It is already being reported that Trump is not entirely enthusiastic about such a long overseas programme, but he is committed now. As with almost everything concerning his presidency, this extra pressure adds a wild air of unpredictability to what could happen.

Away from the lucrative deals and glad-handing, this will be the real standard by which to measure the success of Trump’s visit. For a relationship principally defined by its pursuit of stability, whether Trump can deliver what the Gulf really wants remains to be seen.

Shiraz Maher is a contributing writer for the New Statesman and a senior research fellow at King’s College London’s International Centre for the Study of Radicalisation.

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