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Africa

LGBTQ people omitted from South Africa Census

Advocacy groups have urged the government to change course

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Advocacy groups are up in arms with Statistics South Africa (StatsSA) over the exclusion of LGBTQ people in the ongoing national Census which will end on Feb. 28.

Although South Africa is deemed to be among the most liberal countries when it comes to LGBTQ rights on the African continent and globally, this time, it seems as if the government made a costly error by including only male and female boxes on the questionnaire.

Reacting to the exclusion of LGBTQ people on the 2022 national Census questionnaire, Nolwazi Tusini, communications and media manager at Iranti, a Johannesburg-based media advocacy organization that advocates for the rights of LGBTQ people, said the data will be used to make conclusions about gender in ways that completely exclude transgender and non-binary people.

“According to StatsSA, the Census 2022 questionnaire includes a question relating to sex which provides only two options, male or female, and this refers to a biological make-up of the person or the sex that is assigned at birth. This effectually means that transgender and intersex persons will not be counted in the upcoming Census,” said Tusini. “The Census solely relies on counting a society that is cisgender and excludes a significant part of South Africa’s population.”

“Furthermore, history has taught us that the data captured from the responses to the question on sex is often used to make conclusions about gender in ways that completely exclude transgender and non-binary persons,” added Tusini. “For example, using this data to tell us about the number of cisgender women and cisgender men residing in South Africa and their employment status.”

The current questionnaire also does not include questions relating to sexual orientation and will therefore, not yield any data relating to lesbian, gay and bisexual people in South Africa. This is contrary to South Africa’s Constitution, which recognizes South Africans by their diverse sexual orientations.

“By StatsSA’s own admission, the current structure of the Census 2022 does not actively enumerate LGBTQIA+ persons. This effectively renders LGBTQIA+ persons invisible and is not in line with the South African Constitution which enshrines the rights to equality and self-determination,” said Tusini. “This urges a greater conversation around legal gender recognition in this country, where it permeates and how it’s understood and then accepted across government departments.”

Iranti Executive Director Jabu Pereira said StatsSA was encouraging the state to erase the existence of the LGBTQ community,

“We regard this Census as unconstitutional because its very design is premised on exclusion and if a census excludes a significant population such as the LGBTQIA+ community, then by its very nature it encourages the state to erase our very existence,” said Pereira.

Bruce Walker of Pretoria LGBTQIA+ Gay Pride concurred with Pereira, saying the omission of the LGBTQ community in the ongoing Census was a move aimed at “erasing their existence.” Walker said their organization has already launched campaigns against the count.

“Considering the news of the exclusion of the LGBTQIA+ identities in the Census we felt it necessary to voice our outrage on this. We feel this is a direct attack on the community,” said Walker.

“There are a few points that we feel should be addressed before this Census is held,” added Walker. “Why are there only two options relating to sex? Male or female. Why is there no intersex or transgender here? Why are people who do not identify with either excluded? Why are there no questions about sexual orientation? This is a missed opportunity for the government to better understand the LGBTQIA+ community.”

Pretoria LGBTQIA+ Gay Pride’s directed the following questions to StatsSA:

– Why have you excluded a large portion of South Africa in this Census? Do you feel that the LGBTQIA+ community is not part of the population?

– If you think the LGBTQIA+ is not part of the community then why should we participate in the Census? Is this not against our constitutional rights? Why did you not engage with LGBTQIA+ organizations when compiling the questions? Is this not the first step to excluding the LGBTQIA+ rights in the constitution? Is the government now going to stop LGBTQIA+ rights in the workplace?

– Will the LGBTQIA+ community rights that we have fought for now be revoked? Will gay marriage now be revoked? What would the people say if you had only black or white under race?

– We as a Pride organization are outraged at this and we are extremely disappointed at the silence from political parties. We are putting out petitions out in the community and online. Why must we wait 10 years for the next Census? If we do not get a satisfactory response from Census 22 and the government then we will be asking our community not to participate in this Census at all. After all they do not think we are part of the population.

“An attack on one party of the LGBTQIA+ community is an attack on the whole community,” said Walker.

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Ghana

Ghanaian lawmakers approve anti-LGBTQ bill

Measure that would criminalize allyship awaits president’s signature

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Ghanaian flag (Public domain photo from Pixabay)

Ghanaian lawmakers on Friday approved a bill that would, among other things, criminalize LGBTQ allyship.

Reuters reported MPs approved the Human Sexual Rights and Family Values Bill, 2025, in a voice vote after parliament’s Constitutional and Legal Affairs Committee backed it.

MPs in 2024 approved a similar bill, but it faced legal challenges and then-President Nana Akufo-Addo didn’t sign it. Lawmakers last year reintroduced the measure after President John Dramani Mahama took office.

The bill awaits his signature.

Rightify Ghana, a Ghanaian LGBTQ advocacy group, in a series of social media posts notes MPs passed the bill days before the 4th African Inter-Parliamentary Conference on Family Values and Sovereignty will take place in Accra, the country’s capital.

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Kenya

Kenyan High Court issues landmark transgender rights ruling

Government ordered to allow trans people to amend ID documents

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Kenya’s High Court has ruled the country’s government cannot refuse requests to amend gender markers on birth certificates and other ID documents.

Audrey Mbugua, a prominent transgender activist, and two other people in 2020 sued Attorney General Dorcas Oduor, the Registrar of Births and Deaths, the National Registration Bureau, and Immigration Services Director General Evelyn Cheluget after they did not receive amended birth certificates.

The Washington Blade previously reported the three plaintiffs argued documents that do not correspond with their gender identity “has denied them opportunities and rights.” Oduor, for her part, in response to the plaintiffs’ claims argued “a person’s gender is based on fact — not feelings — and the plaintiffs at birth were registered and named based on their gender status.”

High Court Justice Bahati Mwamuye ruled on May 20.

“The silence and delay cannot defeat rights,” ruled the court, according to the Daily Nation, a Kenyan newspaper. “Constitutional rights cannot be delayed over administrative convenience.”

The court in 2014 ordered the Kenya National Examinations Council to change Mbugua’s name on her academic diplomas and to remove the male gender marker from them.

Kenya’s intersex rights law took effect in 2022. The government in February 2025 announced intersex people can receive birth certificates with an “I” gender marker.

The Daily Nation notes Mwamuye ordered the Registrar of Deaths and Births and other government agencies to “begin receiving and considering applications for gender-marker changes within” 60 days.

“Access to legal identity documentation is not just a human rights issue; it is a foundational pillar of socio-economic inclusion,” said the Initiative for Equality and Non-Discrimination, a Kenyan advocacy group, in response to the ruling. Without accurate IDs or passports, individuals face severe barriers to employment, financial systems, global business travel, and participation in governance and democratic processes.”

“This ruling marks a critical step forward in reducing administrative discrimination and fostering an inclusive environment where every Kenyan citizen’s legal identity aligns with their dignity,” added INEND.

Outright International, a New York-based global LGBTQ and intersex advocacy group, in a statement described Mwamuye’s ruling as “a meaningful shift towards aligning Kenya’s legal framework with constitutional guarantees of equality, privacy, and human dignity. Outright International also applauded Mbugua and other activists who fought for this change.

“Today, we celebrate a milestone — one achieved through resilience, solidarity, and an unwavering belief in justice,” said the group. “Outright International stands with transgender and intersex Kenyans in honoring this victory and reaffirming our commitment to advancing rights, recognition, and equality for all.” 

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Ghana

Intersex lives, constitutional freedom, and the dangerous future of Ghana’s Human Sexual Rights and Family Values Bill

Lawmakers continue to consider draconian measure

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There is a dangerous silence surrounding intersex lives in Ghana — a silence shaped by fear, misinformation, cultural misunderstanding, and institutional neglect. Today, amid discussions around the possible passage of the Human Sexual Rights and Family Values Bill, 2025, that silence risks becoming law, reinforcing exclusion and deepening the marginalization of already invisible lives. 

Much of the national debate surrounding the bill has focused on LGBTQ+ identities. Yet buried within it are implications for intersex persons that many Ghanaians do not fully understand because intersex realities remain largely invisible. 

Intersex persons are born with natural variations in chromosomes, hormones, reproductive anatomy, and/or genital characteristics that do not fit typical definitions of male or female bodies. Intersex is not a sexual orientation or gender identity. It is a biological reality. Ghana’s Commission on Human Rights and Administrative Justice (CHRAJ) has clearly acknowledged this distinction. 

Despite this distinction, the bill mistakenly collapses intersex realities into a legal framework linked to LGBTQ+ criminalization. 

Although the bill contains only limited references to intersex persons, under certain medical exceptions, these references do not amount to recognition or protection. Instead, they frame intersex bodies as abnormalities requiring regulation, correction, and institutional management. This approach is inconsistent not only with Ghana’s constitutional guarantees of dignity, equality, privacy, and liberty, but also with emerging African and international human rights standards. The African Commission on Human and Peoples’ Rights Resolution on the Promotion and Protection of the Rights of Intersex Persons in Africa – ACHPR/Res.552 (LXXIV) 2023 affirms protections relating to bodily integrity, dignity, freedom from discrimination, and against harmful medical practices. Additionally, the United Nations has repeatedly condemned medically unnecessary and non-consensual interventions on intersex children. Rather than affirming the humanity and autonomy of intersex persons, the bill risks legitimizing systems of surveillance, coercion, violence, and institutional erasure. 

This is not protection.

It is managed erasure.

A child born intersex in Ghana already enters a society shaped by secrecy and stigma. Families are often pressured to hide intersex children or seek “correction” to make their bodies conform to social expectations. 

The bill risks intensifying this pressure.

Clause 17 creates space for “approved service providers” to support interventions relating to intersex persons, yet offers little protection around informed consent, bodily autonomy, confidentiality, or coercive treatment. Under the language of “correction” or “support,” harmful interventions may become normalized. 

The intersex community has documented painful lived experiences of intersex Ghanaians that reveal the devastating consequences of stigma and invisibility. 

One heartbreaking case involved intersex twins born in Ghana’s Eastern Region in 1993, who were repeatedly forced to move from village to village because of rejection and ridicule. After losing their father, their main source of protection and support, they became even more vulnerable and reportedly experienced severe emotional distress, including suicidal thoughts linked to years of stigma and exclusion. This is what invisibility looks like in practice. 

Another painful example is the story of Ativor Holali, whose lived experience exposed the cruel realities intersex persons face in sports and public life. Ativor Holali endured invasive scrutiny, public humiliation, and social suspicion because her body did not conform to rigid expectations of femininity. Rather than being protected as a Ghanaian athlete deserving dignity and privacy, she became the subject of speculation, gossip, and institutional discomfort.

Her experience reflects a broader social crisis: when society insists that every body must fit a narrow binary definition, intersex people are forced to defend their humanity in spaces where dignity should already be guaranteed.

Intersex Persons Society Of Ghana (IPSOG)’s Ŋusẽdodo research further revealed that approximately 70 percent of intersex respondents reported depression, anxiety, trauma, or severe emotional distress linked to medical mistreatment, family rejection, bullying, and social exclusion.

The bill risks transforming these existing prejudices into institutional policy. Several provisions risk deepening surveillance, restricting advocacy, weakening confidentiality, and discouraging public education around intersex realities. Intersex-led organizations providing healthcare guidance, legal referrals, psychosocial support, and community services may face serious challenges.

This places IPSOG and other intersex-led organizations in Ghana at serious risk.

For many intersex Ghanaians, these spaces are not political luxuries.

They are survival mechanisms.

Governments derive legitimacy by protecting the natural rights of all persons, including dignity, liberty, bodily autonomy, and freedom from arbitrary interference. The bill raises concerns because it risks weakening these protections for intersex persons through surveillance, coercive interventions, and restrictions on advocacy.

Ghana’s Constitution declares that “the dignity of all persons shall be inviolable.” Articles 15, 17, 18, and 21 specifically protect dignity, equality, privacy, expression, and freedom of association. These protections should apply equally to intersex persons. 

Intersex persons are not threats to Ghanaian culture.

Intersex children are not moral dangers.

Intersex bodies are not political weapons.

They are human beings deserving dignity, healthcare, safety, and constitutional protection. 

The true measure of a democracy is how it protects those most vulnerable to exclusion. At this moment, Ghana faces a choice: deepen fear and silence, or uphold dignity, bodily autonomy, and constitutional freedom for intersex persons. 

History will remember the choice we make.

Fafali Delight Akortsu is the founder and president of the Intersex Persons Society of Ghana (IPSOG).

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