Opinions
Breaking binaries and advocating for intersex justice in Southern Africa
Movement embraces intersectionality and affirms people’s multiple identities
A transformative movement is gaining momentum in Southern Africa, a region known for its diverse cultures and traditions. This movement challenges gender norms and advocates for the rights and dignity of intersex individuals. This article explores the vital concepts of breaking binaries and intersex justice in Southern Africa, where cultural nuances and a rapidly developing fierce spirit of activism reshape the landscape of gender diversity and sexuality.
The world is quickly changing, and with it comes an increasing recognition of the importance of diversity and inclusion. In the past, many people have looked at the world in terms of binaries — Black and white, male and female, homosexual and heterosexual. However, this way of thinking is limiting and does not reflect the diversity that exists in our communities. Breaking these binaries and embracing diversity and inclusion is crucial to creating a fair and equitable society by recognizing and protecting all these diversities.
Intersex intersectionality
Intersex justice is a social and human rights movement that advocates for the rights, dignity and well-being of intersex individuals. It is also a political movement making political statements since in the broader context of identity politics and the recognition that vulnerable and marginalized communities have historically been subjected to social, political and legal discrimination. When gender-diverse people dare to express their identities openly (and using the plural term for identity here intentionally because, using the theory of intersectionality, everyone has their own unique identities and experiences), it can be seen as a form of resistance and a statement against the systemic discrimination and oppression they may face.
Intersex people are born with variations in their sex characteristics that do not fit typical definitions of male or female. Intersex people often face stigma, discrimination, medical interventions without informed consent and societal violence. Inclusive binaries and intersex justice are significant issues in Southern Africa, as they intersect with the region’s traditional, cultural, social and legal aspects. In many parts of Southern Africa, intersex persons are often frowned upon, hidden or even believed to be a curse and killed.
As we work on intersex awareness, though annual commemorations such as #IntersexAwarenessDay, there is a solid need to reject stereotypes that lead to discrimination and prejudice. Breaking binaries embraces intersectionality and affirms that people have multiple identities that intersect and interact with one another.
Several Southern African customs have a long-standing relationship with gender and sex, associated with male and female and masculinity and femininity and there is no in-between; males are expected to masculinize, and females are supposed to feminize. The push for inclusive binaries challenges these traditional gender norms and promotes a more inclusive understanding of human diversity.
Gender norms and it has influenced societies
Gender norms have profoundly influenced Southern African societies, shaping cultural, social, and economic dynamics for centuries, and this has also impacted modern gender norms in our communities. Gender norms can be defined “as social principles that govern the behavior of girls, boys, women and men in society and restrict their gender identity into what is considered to be appropriate,” a definition also very limiting and binary based with little consideration and acknowledgement of the diverse gender spectrum.
Gender norms, a social construct, were often prescribed specific roles and responsibilities for men and women, and we have been inaccurately taught in history, moral education and social studies lessons in schools that in the past, men were traditionally seen as hunters, warriors and providers, while women were responsible for domestic tasks, childcare and subsistence farming.
These roles have reinforced gender-based inequalities in access to resources and economic opportunities that we experience today in a somewhat progressive modern society. Gender norms typically grant more decision-making power to men, and they often hold leadership positions within the community. This practice continues as men’s voices are prioritized in governance and social development matters, which has resulted in the exclusion of women from participating in important decisions that affect their lives and communities, and this is even worse for gender-diverse persons and they do not satisfy the bias “male” and “female” category.
The unequal power dynamics enforced by society’s gender norms have contributed to higher levels of gender-based violence. Domestic violence and harmful practices such as child marriage and female genital mutilation have persisted in some Southern African communities due to these norms. Intersex persons have not been spared from genital mutilation as some have undergone “gender reappropriation” surgeries as infants. There is a growing push in advocacy and legislative reform to protect intersex minors from unconsented gender surgeries as this is a choice that should be for them to make. The influence of gender norms has further influenced healthcare service delivery as sexual and reproductive health and rights development have been limited and not inclusive and accessible for intersex persons. This limitation has resulted in a lack of bodily autonomy for intersex people. Being gender-diverse has many excluded intersex people from essential fundamental health services such as family planning and mental well-being.
Another aspect influenced by gender norms is inheritance rights. Many African societies are built in a cisgender patriarchal system, and because of this, inheritance and property rights have been structured in a way that favored male heirs. This has often left women and girls without access to land and resources, making them economically vulnerable and dependent on male relatives.
The result of not conforming and fitting into mainstream male or female gender identity often left intersex persons excluded, facing stigma, discrimination and prejudice from various packets of society. Efforts are being made to raise awareness about intersex issues, promote inclusivity, challenge discrimination and prevent the invisibilization of intersex voices and identities. Intersex justice organizers work to ensure intersex individuals are recognized, respected and provided with the support and care they need while fighting against harmful practices and discrimination.
Efforts and promoting intersex rights and justice in Southern Africa
Promoting intersex rights and justice in Southern Africa has become an increasingly important focus for advocacy and human rights organizations in recent years.
Human rights organizations, such as the Southern Africa Litigation Center, are actively involved in legal advocacy for gender-diverse individuals and work to challenge discriminatory laws and practices, and supporting strategic litigation that promotes the rights of gender minority and gender-diverse people in Botswana, Eswatini, Lesotho and Zimbabwe.
Regional organizations such as Iranti and Gender DynamiX advocate and provide training and educational resources to healthcare professionals, religious and cultural leaders, policymakers, and the public. These advocacy initiatives aim to enhance understanding and sensitivity regarding intersex issues and collaborate with other human rights organizations to foster a more inclusive and accepting society.
Legal and policy developments on intersex rights in Southern Africa
Legal and policy developments related to intersex rights in Southern Africa have gained momentum in recent years, reflecting a growing recognition of the need to protect the rights of intersex individuals. Additionally, the Protocol to the African Charter on the Rights of Women, a progressive human rights instrument, requires state parties to take specific measures to end violence against women regardless of their sexual orientation or gender identity. Furthermore, the Protocol calls for the ending of genital mutilation and the promotion of bodily autonomy and reproductive health choices of women, including intersex women.
In South Africa, the Promotion of Equality and Prevention of Unfair Discrimination Act as amended in 2005 interprets the definition of “sex” to include intersex persons; therefore, intersex persons are protected from unfair discrimination, harassment and hate speech and promote equality for intersex persons.
In 2014, the African Commission on Human and Peoples’ Rights adopted Resolution 275, which protects against violence and other human rights violations against persons based on their actual or imputed sexual orientation and gender identity. Resolution 275 expresses grave concern about increasing violence and other human rights violations, including murder, rape and assault experienced by sexual and gender minorities. It calls upon states to stop such violence and take appropriate measures to ensure adequate remedies for victims.
Botswana made significant progress in 2017 by recognizing the rights of transgender and intersex individuals to change their legal gender markers on official documents. This ruling by the court was a crucial step towards recognizing the diversity of gender identities and would pave the way for the protection of gender-diverse persons. In many Southern African countries, such as Eswatini, Lesotho and Namibia, intersex persons can legally change their name and sex on birth certificates to suit their preferred gender identity per the national registration acts.
In 2022, the Zimbabwean government adopted two recommendations at the country’s Universal Periodic Review at the Human Rights Council on gender minorities, which were to protect intersex minors from unconsented operations surgeries and violations of bodily integrity and to strengthen efforts to address violence against women, children and all persons based on their sexual orientation and gender identity. Intersex advocacy groups in Zimbabwe have been working to raise awareness and challenge harmful practices. Following the adopted recommendations, there is an expectation to see an increase in dialogue between the government and human rights organizations on protecting intersex people’s rights.
In March this year, the African Commission on Human and Peoples’ Rights adopted Resolution 552, which seeks to promote and protect intersex rights on the African continent. Resolution 552 comes with clear recommendations for states to create administrative and legislative measures to protect intersex persons from violent harassment at home, school, the workplace and in the broader society. It calls on member states to ensure that members of their judiciary, immigration officials, law enforcement officers, healthcare and education practitioners, as well as traditional and religious communities, are sensitized to protect, respect and treat intersex people equally without discrimination or prejudice. It further calls for the recognition and protection of intersex movements and human rights defenders to organize without any threats and that perpetrators are tried and persecuted.
Intersex liberation is our liberation too
The fight for the recognition, protection, and inclusion of intersex people is an ongoing and essential human rights struggle. And while there has been progress, challenges still exist for intersex rights. It is necessary to continue advocating for the full recognition and freedoms of all intersex people, to protect their bodily autonomy and to ensure that they can live their lives with dignity and without discrimination.
Bradley Fortuin is the LGBTIQ+ Program Officer at the Southern Africa Litigation Center and a social justice activist.
This article is part of advocacy efforts on recommendations to the government of Botswana’s Universal Review of Botswana at the 43rd Human Rights Council. A joint submission Stakeholder Report was submitted by Banana Club,Black Queer DocX, Botswana Trans Initiative, Life|Loss|Love, Mmammati Human Rights Hub, Iranti, the Southern Africa Litigation Center and the Sexual Rights Initiative.
I hope you have a great Thanksgiving and can enjoy it with family and friends and that you have things you can be thankful for this past year. That you have your health. Now here is the column I would have liked to share with you this Thanksgiving:
To all my friends and family. This year I am thankful the felon has left the White House. It feels we can all finally breath again. I am so happy his idea of a ballroom at the White House was a joke, and we can once again walk in Jackie Kennedy’s rose garden, and visit the beautiful East Wing. I am thankful the felon’s personal Goebbels, Stephen Miller, lost his job when the reality that he was a fascist was too much to take. It was wonderful to see the Supreme Court wake up and do their job once again. They stopped drinking the MAGA Kool-Aid and voided all the executive orders calling on museums to hide the history of Black Americans, women, and the LGBTQ community. They told the president he didn’t have the right to place tariffs, and that he couldn’t fire legally appointed members of commissions under the rubric of Congress’s control.
Then I am thankful the Congress began to do its job. That so many Republicans grew a set of balls and decided to challenge Speaker Mike ‘sycophant’ Johnson, reminding him they were an independent part of government, and didn’t need to rubber stamp everything the felon wanted. I was thankful to see them extend the SNAP program indefinitely, and the same with the tax credits for the ACA, agreeing to include these important programs in next year’s budget. Then they went further, and paid for the programs, by rescinding all the tax benefits they had given to the wealthy, and corporations, in the felon’s big ugly bill. Finally realizing it is the poor and middle class who they had to help if the country was to move forward. Then I can’t thank them enough for finally passing the Equality Act, and doing it with a veto proof majority, so the felon had to sign it, before he left office. They did the same for the Choice Act, and the Voting Rights Act. It was a glorious year with so much to be thankful for.
Then I am so thankful Congress finally stood up to the felon and said he couldn’t start wars without their approval, and the Supreme Court ruled they were right. That attacking Venezuela was not something he had the right to do. Then the final thing the court did this year I am thankful for, is they actually modified their ruling on presidential immunity, and said the felon’s grifting was not covered, as under their decision that was private, and not done in his role as president. Again, can’t thank them enough for waking up and doing that.
Then there is even more I am thankful for this year. It was so nice to see Tesla collapse, and Musk lose his trillion-dollar salary. The people finally woke up to him and insisted Congress mandate the satellite system he built, basically with money from the government, was actually owned by the government, and he could no longer control who can use it. It was determined he alone would not be able to tell Ukraine whether or not they can use it in their war defending against the Russian invasion. Then I am so thankful Congress went even further, and approved the funds needed by the Ukrainians for long-range missiles, and a missile defense system, accepting Ukraine was actually fighting a proxy war for the West, and Ukraine winning that war would help keep our own men and women off the battlefield.
And speaking of our military, I thank Congress for lifting the ban on transgender persons in the military, and honoring their service, along with the service of women, Black service members, all members of the LGBTQ community, and all minorities. It was fun to see Pete Hegseth being led out of the Pentagon, and being reminded he wasn’t the Secretary of War. There is no Department of War, it is still the Department of Defense, with congressional oversight. Again, so many things to be thankful for this past year. It seemed like my heart runneth over.
Then my alarm went off and I woke up from my big beautiful dream, only to realize I was still living in the Trumpian nightmare.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Commentary
Elusive safety: what new global data reveals about gender, violence, and erasure
Movements against gender equality, lack of human rights data contributing factors.
“My identity could be revealed, people can say whatever they want [online] without consequences. [Hormone replacement therapy] is illegal here so I’m just waiting to find a way to get out of here.”
-Anonymous respondent to the 2024 F&M Global Barometers LGBTQI+ Perception Index from Iraq, self-identified as a transgender woman and lesbian
As the campaign for 16 Days Against Gender-Based Violence begins, it is a reminder that gender-based violence (GBV) — both on– and offline — not only impacts women and girls but everyone who has been harmed or abused because of their gender or perceived gender. New research from the Franklin & Marshall (F&M) Global Barometers and its report A Growing Backlash: Quantifying the Experiences of LGBTQI+ People, 2022-2024 starkly show trends of declining safety among LGBTQI+ persons around the world.
This erosion of safety is accelerated by movements against gender equality and the disappearance of credible human rights data and reporting. The fight against GBV means understanding all people’s lived realities, including those of LGBTQI+ people, alongside the rights we continue to fight for.
We partnered together while at USAID and Franklin & Marshall College to expand the research and evidence base to better understand GBV against LGBTQI+ persons through the F&M Global Barometers. The collection of barometers tracks the legal rights and lived experiences of LGBTQI+ persons from 204 countries and territories from 2011 to the present. With more than a decade of data, it allows us to see how rights have progressed and receded as well as the gaps between legal protections and lived experiences of discrimination and violence.
This year’s data reveals alarming trends that highlight how fear and violence are, at its root, gendered phenomena that affect anyone who transgresses traditional gender norms.
LGBTQI+ people feel less safe
Nearly two-thirds of countries experienced a decline in their score on the F&M Global Barometers LGBTQI+ Perception Index (GBPI) from 2022-2024. This represents a five percent drop in global safety scores in just two years. With almost 70 percent of countries receiving an “F” grade on the GBPI, this suggests a global crisis in actual human rights protections for LGBTQI+ people.
Backsliding on LGBTQI+ human rights is happening everywhere, even in politically stable, established democracies with human rights protections for LGBTQI+ people. Countries in Western Europe and the Americas experienced the greatest negative GBPI score changes globally, 74 and 67 percent, respectively. Transgender people globally reported the highest likelihood of violence, while trans women and intersex people reported the highest levels of feeling very unsafe or unsafe simply because of who they are.
Taboo of gender equality
Before this current administration dismantled USAID, I helped create an LGBTQI+ inclusive whole-of-government strategy to prevent and respond to GBV that highlighted the unique forms of GBV against LGBTQI+ persons. This included so-called ‘corrective’ rape related to actual or perceived sexual orientation, gender identity, or expression” and so-called ‘conversion’ therapy practices that seek to change or suppress a person’s gender identity or expression, sexual orientation, or sex characteristics. These efforts helped connect the dots in understanding that LGBTQI+ violence is rooted in the same systems of inequality and power imbalances as the broader spectrum of GBV against women and girls.
Losing data and accountability
Data that helps better understand GBV against LGBTQI+ persons is also disappearing. Again, the dismantling of USAID meant a treasure trove of research and reports on LGBTQI+ rights have been lost. Earlier this year, the US Department of State removed LGBTQI+ reporting from its annual Human Rights Reports. These played a critical role in providing credible sources for civil society, researchers, and policymakers to track abuses and advocate for change.
If violence isn’t documented, it’s easier for governments to deny it even exists and harder for us to hold governments accountable. Yet when systems of accountability work, governments and civil society can utilize data in international forums like the UN Universal Periodic Review, the Convention on the Elimination of All Forms of Discrimination Against Women, and the Sustainable Development Goals to assess progress and compliance and call for governments to improve protections.
All may not be lost if other countries and donors fill the void by supporting independent data collection and reporting efforts like the F&M Global Barometers and other academic and civil society monitoring. Such efforts are essential to the fight against GBV: The data helps show that the path toward safety, equality, and justice is within our reach if we’re unafraid of truth and visibility of those most marginalized and impacted.
Jay Gilliam (he/him/his) was the Senior LGBTQI+ Coordinator at USAID and is a member of the Global Outreach Advisory Council of the F&M Global Barometers.
Susan Dicklitch-Nelson (she/her/hers) is the founder of the F&M Global Barometers and Professor of Government at Franklin & Marshall College.
Commentary
Second ‘lavender scare’ is harming our veterans. We know how to fix it
Out in National Security has built Trans Veterans State and Local Policy Toolkit
Seventy years after the first “lavender scare” drove LGBTQ Americans from public service, a second version is taking shape. Executive directives and administrative reviews have targeted transgender servicemembers and veterans, producing a new wave of quiet separations and lost benefits.
The policy language is technical, but the result is personal. Veterans who served honorably now face disrupted healthcare, delayed credentials, or housing barriers that no act of Congress ever required. Once again, Americans who met every standard of service are being told that their identity disqualifies them from stability.
Out in National Security built the Trans Veterans State and Local Policy Toolkit to change that. The toolkit gives state and local governments a practical path to repair harm through three measurable actions.
First, continuity of care. States can keep veterans covered by adopting presumptive Medicaid eligibility, aligning timelines with VA enrollment, and training providers in evidence-based gender-affirming care following the World Professional Association for Transgender Health Standards of Care Version 8.
Second, employment, and licensing. Governors and boards can recognize Department of Defense credentials, expedite licensing under existing reciprocity compacts, and ensure nondiscrimination in state veterans’ employment statutes.
Third, housing stability. States can designate transgender-veteran housing liaisons, expand voucher access, and enforce fair-housing protections that already exist in law.
Each step can be taken administratively within 90 days and requires no new federal legislation. The goal is straightforward: small, state-level reforms that yield rapid, measurable improvement in veterans’ daily lives.
The toolkit was introduced during a Veterans Week event hosted by the Center for American Progress, where federal and state leaders joined Out in National Security to highlight the first wave of state agencies adopting its recommendations. The discussion underscored how targeted, administrative reforms can strengthen veterans’ healthcare, employment, and housing outcomes without new legislation. Full materials and implementation resources are now available at outinnationalsecurity.org/public-policy/toolkit, developed in partnership with Minority Veterans of America, the Modern Military Association of America, SPARTA Pride, and the Human Rights Campaign.
These are technical fixes, but they carry moral weight. They reaffirm a basic democratic promise: service earns respect, not suspicion.
As a policy professional who has worked with veterans across the country, I see this moment as a test of civic integrity. The measure of a democracy is not only who it allows to serve but how it treats them afterward.
The second “lavender scare” will end when institutions at every level decide that inclusion is an obligation, not an exception. The toolkit offers a way to begin.
For more information or to access the toolkit once it is public, visit outinnationalsecurity.org/toolkit.
Lucas F. Schleusener is the CEO of Out in National Security.
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