2023 — ‘Being Intersex in Zambia: A Legal and Policy Review’ Published, Zambia
In 2023, the United Nations Development Program (UNDP) and the Intersex Society of Zambia published a review titled ‘Being Intersex in Zambia: A Legal and Policy Review’. This Review explored the legal and policy environment in Zambia as it affects intersex people with a focus on their rights and well-being.
In the Executive Summary of the Review, the situation for intersex people in Zambia is summarised as follows:
“Intersex persons are legally ‘invisible’ in Zambia, and there is limited and insufficient research and data on the impact of laws and policies on their rights and well-being. This research found that intersex persons in Zambia face stigma, discrimination, exclusion and institutional violence, and they struggle to realize their rights, including sexual and reproductive health and rights (SRHR), and to participate in society on an equal basis.
In Zambia, the Constitution and various national laws provide for equality, non-discrimination and enjoyment of rights such as education, employment and health care without discrimination. While these rights apply equally to intersex persons, the legal protections appear to be inadequate to protect them from specific rights violations. For instance, while many laws and policies protect all people from discrimination on the basis of sex, they fail to specifically recognize and protect intersex persons as a vulnerable population or to take into account the sexual and reproductive rights and legal status of intersex persons who fall outside the binary model (of male and female), and they contain no explicit references to gender identity, gender expression or sex characteristics.
Rights violations include stigma, discrimination, violence and unfair treatment within various sectors of society, including health care, employment and education; forced and coerced medical treatment, including unnecessary gender ‘normalizing’ surgery on intersex infants without fully informed and autonomous consent; inadequate access to medical records and breaches of medical confidentiality; inadequate access to health information and services to meet their needs; and difficulties in accessing or changing identity documentation (national citizenship sex description and their passports) to reflect their sex or gender status, among other things. In addition, intersex persons struggle to access justice for rights violations.”
Legally, socially and politically, what does it mean to be intersex in Zambia? This Review takes you on a revealing journey through the country’s laws, policies and lived realities to uncover where protections exist, fall short and what can be done better. It also included a review of international, regional and Zambia’s human rights documents, guidance and protocols that impact not just on the rights of intersex persons but also relate to responses from public and private health facilities.
The Review isn’t just about identifying gaps, it’s about imagining better. It offers evidence based, home grown recommendations on how Zambia can create safer, more inclusive environments in schools, hospitals and communities.
In the Foreword to the Review by the UNDP, it states that this Review
“is the product of a highly consultative and rigorous review and provides a comprehensive overview of the policy and legal issues affecting the intersex community in Zambia. The report offers short- and medium-term recommendations and strategies to strengthen protections for the intersex community. It highlights the lack of protections for intersex infants against forced or coercive surgeries, the complex process of legal gender recognition, and the challenges of accessing health and education services.”
In the Intersex Society of Zambia’s Foreword to the Review, they acknowledge the progress made by the Review, but write
“Although we acknowledge the progress made, there is still much work to be done to fully ensure our rights. In Zambia, those who are intersex are subjected to marginalization, societal judgment and mistreatment, as well as violations of their human rights across all aspects of life. For many, receiving legal recognition for their sex or gender remains a major obstacle.
We continue to call for the government to take concrete measures to uphold the rights of intersex persons and provide protection from abuse. This entails putting in place appropriate inclusive legal and policy frameworks aimed at protecting intersex persons from discrimination on the grounds of sex characteristics, including in access to health care, education, employment, sports and in obtaining official identity documents. The government needs to lead in raising awareness of the rights of intersex people; combating the root causes of these violations, such as harmful stereotypes, stigma and pathologizing of intersex persons; providing training to health professionals and public officials, including legislators, the judiciary and policymakers; and ensuring that adult intersex persons decide whether they wish to modify the appearance of their own bodies, and children are allowed to make
an informed decision for themselves at the appropriate age. Access to medical services that respond to their specific health needs based on non-discrimination, informed consent, and respect for their fundamental rights, is a must.We are making an urgent appeal to the Government of Zambia to prohibit all unnecessary cosmetic medical surgeries and hormonal procedures on intersex children unless there is a major threat to the life of the intersex minor as evidenced with other intersex variations. It is imperative that we uphold the autonomy of intersex adults and children and their right to health, to physical and mental integrity, to live free from violence and harmful practices, and to be free from torture and ill-treatment. Intersex children and their parents should be provided with support and counselling, including by peers.
It is our sincere hope that the Government of Zambia will follow the example of the Government of Kenya, which is considered a benchmark in incorporating intersex individuals into the country’s national statistics census and civic registration systems as full-fledged citizens, particularly in the Registration of Births and Deaths. This includes the adoption and domestication of Resolution 552 and the commitment to implement crucial recommendations outlined in this report.”
Read the full Review.
This entry is brought to you by our intersex content contributor, Delphine Barigye
