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Africa

Transgender South Africans urge government to do more to protect them

March 21 was Human Rights Day in the country

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South Africa flag (Photo by Rarrarorro via Bigstock)

South Africa on March 21 marked its Human Rights Day, notably known as Sharpeville Day in Vereeniging to commemorate those who died in 1960 during the Apartheid regime as they fought for democracy.

Although South Africa is one of the most progressive countries in the world when it comes to the advancement of LGBTQ and intersex rights, many transgender people feel as though the government has not done enough to protect them.

One of the most pertinent issues about which trans people often complain is the lack of urgency around hormone therapy within the public health care system and the Department of Home Affairs’ lackadaisical approach when it comes to gender identity on their national identification cards.

Zade de Kock is a trans nonbinary person who has lived in South Africa since the beginning of 2019.

“I have learnt to understand that I don’t feel comfortable identifying with the gender that I was assigned at birth,” said de Kock. “This means that the gender marker on my birth certificate does not accurately define who I am. This is unfortunately the only document that inaccurately defines me, things like my bank card, passport, and any official website that may need my ID number immediately label me incorrectly. This causes major gender dysphoria which is detrimental to my mental health and it is something that cis-gender people could never fully grasp.”

“It’s undeniable that South Africa has been quite progressive compared to other countries when it comes to understanding the lives of the LGBTQ community but as our community grows so should the understanding of those around us,” added de Kock. “Transgender and nonbinary people of South Africa need to be understood and respected for the humans we are. We are members of every society and we are contributing to life and bliss just like everyone else. We demand to be seen, thus, we ask that we get recognized on official documentation.”

Iranti, an LGBTQ and intersex rights group, said it is now important to sit down with policy makers to ensure LGBTQ and intersex people are not left behind.

“Whilst we celebrate gains that affirm human rights, such as the National Assembly finally passing the Prevention and Combating of Hate Crimes and Hate Speech Bill, which aims to clamp down on various forms of hate speech in South Africa as well as … the Human Rights Commission’s recent Equality Court victory against racist and homophobic musician Steve Hofmeyr for his hateful, homophobic statements regarding LGBTIQ persons, we cannot ignore the ways in which the state continues to fail the LGBTIQ community,” Iranti Communications and Media Manager Nolwazi Tusini said.

“In South Africa, no express law exists for transgender and nonbinary persons to amend their gender markers on their identification documents, except for Act 49. Act 49 allows transgender persons, who have begun their medical transition, (hormonal or surgically) and intersex persons to change the sex descriptor on their identity documents, to reflect their gender identity. This law has been challenged by trans and intersex movements, who have applied for amendments with the DHA (Department of Home Affairs),” Tusini further noted. “The DHA has since promised that the soon to be published National Identification and Registration Bill of 2022 will finally resolve issues of legal gender recognition by removing gender markers from South African identity numbers. Iranti is looking forward to offering public comment to this bill and hopes that the passing of this bill will not be delayed for four years, as happened with the crucial Hate Crimes Bill.” 

Tusini also complained about the manner in which intersex babies and children still undergo surgeries to make their sex characteristics fit the male or female binary.

“IGM (Intersex Genital Mutilation) still takes place in several hospitals in South Africa, under other names like corrective surgery, causing severe mental and physical pain and suffering as there is no current law that makes IGM unlawful in South Africa,” Tusini noted. “We need legal protection for intersex people, and we are requesting a sit-down discussion between ourselves and policy makers to put an end to this practice. There is no health risk to being intersex. Children should be allowed to decide for themselves what should happen to their bodies.”

“We reiterate our call for President Cyril Ramaphosa to explicitly commit dedicated State officials and State resources to ensure an end to discrimination and violence against LGBTQI people, as envisaged by our constitution,” Tusini added. “This is crucial in order to promote respect for basic human rights for all and restore and uphold human dignity in line with the Bill of Rights, as promised by the presidency in a recent press release.”

Daniel Itai is the Washington Blade’s Africa Correspondent.

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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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(Image by Bigstock)

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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