23 October 2022 — ‘Study on the Human Rights Situation of Intersex Persons in Africa’ Report Launched, The Gambia
On 23 October 2022, the Centre for Human Rights, in collaboration with the Initiative de soutien aux personnes présentant un développement sexuel atypique (SIPD) and the Intersex Community of Zimbabwe (ICoZ), launched the ‘Study on the Human Rights Situation of Intersex Persons in Africa’ Report at the 73rd Ordinary Session of the African Commission on Human and Peoples’ Rights in Banjul, The Gambia. The Report acknowledges the lived realities of intersex persons and leverages their voices through interviews and personal testimonies. The methodology is qualitative and relies heavily on
“the strength of the stories to show evidence of human rights violations against intersex persons in Africa”.
A total of 25 intersex individuals, parents, and stakeholders from six African countries (South Africa, Botswana, Zimbabwe, Kenya, Uganda, and Ghana) were interviewed. The Report highlights that
“all names of the interviewees were noted down. However, some requested to remain anonymous… due to fear of victimization”.
Below follows more information about the launch, which is then followed by a review of the Report by our intersex content contributor.
The Launch of the Report
The launch was attended by representatives from non-governmental organisations (NGOs) and national human rights institutions (NHRIs), and was moderated by Dr Tresor Makunya of the Centre for Human Rights. Speaking at the launch, the Honourable Commissioner Remy Lumbu from the Ivory Coast, Chairperson of the African Commission on Human and Peoples’ Rights welcomed the intersex study
“as coming at a critical time when there is urgent need to address the human rights violations against intersex persons on the African continent. He bemoaned the lack of awareness, misunderstandings and misconceptions around intersex bodies which often lead to many of the violations against intersex persons. He welcomed the presentation of a draft resolution on intersex persons as part of the study which, if adopted by the African Commission, will be one of the first steps in protecting the rights of intersex persons at a regional level”.
Source: Centre for Human Rights
Professor Frans Viljoen, the Director of the Centre for Human Rights, said:
“We urge the Commission to take note of the study results, and consider adopting normative guidance (for example, in the form of a resolution) to assist states to correct the misunderstanding on intersex persons among the general public, and to provide legal protection to address the plight of of intersex Africans through a human rights-based approach.”
Speakers included Tapiwa Mamhare (SOGIESC Officer at the Centre for Human Rights, University of Pretoria), Delphine Barigye (Support Initiative for People with Atypical Sex Development — SIPD) who spoke about the human rights situation faced by intersex persons in Kenya and Uganda, and Ronnie Zuze (Intersex Community of Zimbabwe — ICoZ) who spoke about the situation in Zimbabwe. The Report was contributed to by the Mouvement africain des intersexes (AIM), Julius Kaggwa from SIPD, James Karanja (a Kenyan lawyer), Mphatso Sakala (Intersex Society of Zambia — ISSZ), Ryan Wangui (Kenyan intersex activist), and the Association pour l'identité arc-en-ciel (RIA) in Botswana.
Review of the Report
by Delphine Barigye, our intersex content contributor
Chapter 1: Introduction
The initial chapter introduces the term “intersex” as an umbrella category encompassing diverse natural variations in sex characteristics. The authors are keen to separate intersex from LGBTQ identities, emphasising that “there is no necessary correlation between being intersex and having a particular sexual orientation or gender identity” (p.5).
Under this chapter, it is noted that the persistence of misconceptions is often rooted in religious and cultural beliefs that frame intersex individuals as cursed or abnormal. One critical observation is that intersex traits are not always visible at birth but may emerge at puberty or later, which complicates awareness and diagnosis. The authors document that over 40 intersex variations exist, including “external genitals that cannot be easily classified as male or female” and “inconsistencies between the external genitals and the internal reproductive organs”.
Statistics are difficult to obtain, though Kenya made a landmark move in 2019 by counting 1,524 intersex people in its national census. However, the Report cautions: “statistics should not be a limiting factor for intersex persons to enjoy the rights and freedoms provided for under the African Charter”.
Furthermore, the pathologisation of intersex bodies is critiqued. The use of the term “disorders of sex development” is contested. According to the Report, “genital ‘normalizing’ surgeries often lead to irreversible medical procedures that can cause life- long psychological suffering, depression, permanent infertility, pain, incontinence and loss of sexual pleasure”.
Chapter 2: Case studies
The second chapter is the emotional heart of the report, presenting deeply personal accounts of intersex persons. The most egregious violation identified in the Report is non-consensual genital “normalizing” surgery on minors. These procedures, often cosmetic, are presented as urgent by medical professionals but are rarely medically necessary.
Non-consensual surgeries on minors
Ronika Zuze, a 42-year-old intersex individual from Zimbabwe, recounted how they were operated on without consent:
“I felt like a medical experiment because lots of people would come to see me… I still have chronic pain up to now. Given a choice, I would have never gone through the surgery. I have become homeless at some point, battled alcohol addiction, suicidal thoughts and depression” (p.10).
Such surgeries are likened to female genital mutilation (FGM) and are violations of the African Charter’s protections on physical integrity and dignity. The Report recommends a moratorium on all cosmetic genital surgeries until the intersex person is old enough to give informed consent.
Legal identity
Legal identity is another major challenge. Most intersex individuals face problems registering at birth or correcting their gender markers later in life. James Karanja, an intersex activist, described a traumatic encounter at a bank:
“They started beating me up… I had to be searched and that meant removing my clothes. It was dehumanizing” (p.14).
Another participant, Ryan, described being unable to access financial aid because
“My school certificates were written [with] my former name, while my ID was changed” (p.15).
Social stigma
Social stigma is rampant, with several stories documenting abandonment, school bullying, and infanticide. One Ugandan participant shared:
“An elderly man accused me… said I was the reason why my area was facing a drought and I was supposed to be stoned to death.”
Mental health
The chapter closes by highlighting mental health impacts. Depression, anxiety, and trauma are recurring themes. The Report documents how societal rejection begins within the family and extends into schools, workplaces, and correctional facilities.
Chapter 3: Legal protections
Chapter three outlines legal protections afforded under the African Charter on Human and Peoples’ Rights. Articles 2, 3, 5, and 16 provide a framework for non-discrimination, protection from torture, and access to health. Yet, few African states have applied these rights explicitly to intersex persons.
On the global stage, substantial progress is noted:
- The European Parliament adopted a resolution condemning genital surgeries.
- Malta passed the GIGESC Act banning cosmetic surgery on intersex minors.
- Australia included intersex status in its anti-discrimination laws.
“The IACHR urged states to urgently prohibit surgeries and medically unnecessary procedures on intersex children” (p.21).
The UN Special Rapporteur on Torture condemned involuntary surgeries as a form of cruel and degrading treatment. The United Nations Human Rights Office of the High Commissioner (OHCHR) urged states to prohibit medically unnecessary procedures and respect bodily autonomy.
Within Africa, South Africa and Kenya stand out. South Africa allows changes to sex markers on birth certificates under the Alteration of Sex Description and Sex Status Act. Kenya has integrated intersex recognition into judicial, legislative and policy spheres most notably in the Baby A (2013)and RM (2007) cases, which led to the intersex taskforce and reforms (p.24).
Chapter 4: Advocacy
Chapter four entails advocacy for intersex rights is still emerging in Africa. Previously, intersex issues were subsumed under LGBTQ advocacy, but intersex organisations are beginning to organise independently.
The African Commission on Human and Peoples’ Rights has hosted side-events, thanks to efforts by the Centre for Human Rights, SIPD-Uganda, and others. However, Commissioner Mute warned:
“You have to do a lot of work in clarifying and explaining what intersex is all about. There is a lot of conflation… from the acronym LGBT” (p.27).
Engagement with the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) has led to discussions on intersex children’s rights, but limitations remain since protections often exclude adults.
Chapter 5: Norm setting
Chapter five outlines the urgent need for norm-setting by the African Commission. The authors argue that the lack of domestic laws in African states stems from the absence of regional frameworks. They recommend the following actions:
- Adopt a specific resolution to address the rights of intersex persons.
- Develop principles and guidelines to elaborate on legal obligations.
- Draft model legislation for member states to adopt.
The Report emphasizes that although Resolution 275 addresses violence against sexual minorities, it fails to account for violations unique to intersex persons, such as forced surgeries and infanticide:
“A resolution will provide precision… and will be an important advocacy tool to raise awareness and engage governments to make legal reform on issues relating to intersex persons” (p.30).
Chapter 6: Conclusion
In chapter six, the Report concludes that while international human rights law provides a strong foundation, African states must take proactive steps and key recommendations includes banning cosmetic genital surgeries on minors, allowing legal sex and name changes through administrative procedures, providing psychosocial and legal support, empowering intersex-led organisations with funding and visibility, raising public awareness to counter stigma and ignorance.
It can thus be summed up that the study positions itself as both a policy tool and a moral call to action. The voices of intersex Africans raw, painful, and resolute demand nothing less than structural change and legal recognition.