President Alberto Fernández will announce this Wednesday the launch of the National Identity Document (DNI) for non-binary people with the intention of guaranteeing the right to gender identity of people who do not perceive themselves as feminine or masculine,
The event will take place at 11:30 am at the Casa Rosada Bicentennial Museum, the national government reported. The head of state will be accompanied by the interior ministers, Eduardo “Wado” de Pedro; and Women, Gender and Diversity, Elizabeth Gómez Alcorta; and by the director of the National Registry of Persons (Renaper), Santiago Rodriguez.
The initiative has already been made official through publication in the Official Gazette of the Decree 476/2021which establishes that the National Registry of Persons must adapt the characteristics and nomenclatures of the National Identity Documents and Passports that it issues, exclusively, to allow that in the field referred to “sex” you can choose “F” -Female-, “M” – Male- or “X” for those who are not considered female or male.
The Ministry of the Interior explained that the objective of this new DNI is to guarantee the right to gender identity of people who do not perceive themselves as female or male.
With the delivery of the first three DNI, Argentina will become the first country in the region in the expansion and recognition of these rights, they added from the political portfolio.
According to the decree published in the Official Gazette, the nomenclature X will be consigned, in those cases of nationals whose birth certificates are rectified within the framework of Law No. 26,743 on Gender Identity, “whatever the option consigned in the category ‘sex’, as long as it is not ‘F’ –Female- or ‘M’ –Male-, or if the ‘sex’ has not been entered “.
“The nomenclature ‘X’ in the field ‘sex’ will include the following meanings: non-binary, indeterminate, unspecified, indefinite, not informed, self-perceived, not consigned; or another meaning with which the person who does not feel understood could be identified in the male / female binomial “, indicated the regulation in its fourth article.
It was also clarified in the decree that the DNI that has the letter “X” in the area reserved for “sex” will be valid as a “Travel Document for the purposes established in the Agreement on Travel Documents of the Mercosur States Parties and Associated States “.
In this context, the Ministry of Foreign Affairs must “notify the terms” of the decree to the International Civil Aviation Organization (ICAO) and to the corresponding MERCOSUR headquarters.
This decree will also be applicable to those nationals to whom Birth Certificates had been issued within the framework of Law No. 26,743, prior to the effective date of this measure, without prejudice to what is stated in the birth certificate in the category ‘sex’ and provided that your gender identity corresponds to the non-binary meaning, both to obtain your National Identity Document and your Ordinary Passport for Argentines.
It was clarified in the decree that identical rights will have foreign persons who obtain and / or have the National Identity Document for Foreigners, Exceptional Passport for Foreigners or Travel Document for Stateless Persons or Refugees, under the conditions provided in the regulations.
In the ninth article of the decree, it was stated that the National Registry of Persons must inform all those who request the issuance of the DNI or the Passport, under the non-binary modality, about “the possibilities of seeing restricted their entry, stay and / or transit situation in those States in which other categories of sex than binary are not recognized, regardless of whether your Travel Document is a National Identity Document or a Passport “.
Precisely on this point, it was pointed out in the grounds that the nomenclature “X” for “unspecified sex” has not yet been unanimously accepted by the 193 states that make up the ICAO, and there are even different gender policies adopted regarding identification documents.
For example, the cases of Nepal were cited, where in 2007, its Supreme Court formally introduced a third gender, while in Pakistan citizens can choose a third gender as early as 2009 and in Bangladesh a third gender was approved in 2013. law that introduces the category “hijra” in passports and other identification cards, this being a term for transsexual or intersex people in South Asia.
The decree instructed the Ministry of Women, Gender and Diversity to “issue training for the authorities and personnel of all the agencies that make up the national public administration with competence in the matter”, with the aim that the measure “be applied in conditions of respect for people’s gender identity and expression and in contexts free of discrimination on the basis of gender “.
The General, Provincial and Autonomous City of Buenos Aires Directorates of the Registry of Civil Status and Capacity of People, will dictate the registration procedures in order to comply with the regulations, it was indicated.
The decree establishes within 120 days for the regulatory, technological and systems adjustments that are necessary for the effective implementation of the reform.
It is worth clarifying that although the Gender Identity Law, passed in 2012, indicates that “Any person may request the registration rectification of sex, and the change of first name and image, when they do not coincide with their self-perceived gender identity”; Until now, DNIs continued to be governed by the binary logic of gender.
Within the background, it must be remembered that already in 2018, the first time in Argentina, the birth certificates of two people were issued without any definition regarding sex. On that occasion, the box was left empty and the legal recognition of self-perceived gender identity was thus respected.
Satisfaction among organizations that defend gender diversity
Organizations that defend gender diversity welcomed the Government’s decision to recognize identities beyond the binary of male and female gender.
In this sense, 100% Diversidad y Derechos celebrated the Government’s initiative to incorporate the “X” nomenclature in the DNI as an option, for all people who do not identify themselves as male or female.
For Ricardo Vallarino, Executive Director of 100% Diversidad y Derechos, expressed that “the recognition of the gender identity of non-binary people and of those who identify outside the binary gender norms it’s a breakthrough for all of society, since it ends with the old-fashioned imposition of the masculine and feminine categories for all people, as the only possible ones “.
Through a press release, the organization stressed that “the measure is a response to the claim of the LGBT + movement to grant a DNI to non-binary people or who identify themselves beyond the male / female binomial “.
The truth is that the regulations were finalized after dozens of people obtained through administrative or judicial means the rectification of their birth certificates so as not to record the gender or register another identity outside the binary gender norm.
During Mauricio Macri’s administration, RENAPER, even having final sentences and even a favorable opinion from the Attorney General, refused to issue the new DNIs, which left dozens of people without documentation.
From 100% Diversidad y Derechos, which promoted the recognition of non-binary gender identities in the DNI before RENPAER and participated since February of this year in the consultation process with the body responsible for documentation, they maintained that it is a measure that It will allow the development of a multidimensional approach to not only eradicate violence based on gender prejudice, but also to recognize the entire spectrum of experiences related to gender, sexuality and identity.