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Kenya seeks to ban intersex athletes from lowering hormone levels to compete in sports

Country’s human rights body has put forth measure

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Kenya’s state-funded human rights body does not want intersex athletes in the country to lower their hormone levels as a requirement to compete in any sport.

The Kenya National Commission on Human Rights in a proposal to the National Assembly notes it will ensure non-discrimination and fairness for intersex people in sports.  

The proposal in the Intersex Persons Bill, 2024, is among numerous amendments to existing laws that seek to grant intersex people equal rights after the government in 2019 officially recognized them as a third sex.

According to the bill that would amend Kenya’s Sports Act of 2013, this will require the Sports and Youth Affairs Ministry’s Cabinet secretary and the National Council for Intersex Persons, which the measure would create, to develop measures that ensure fairness for sporting intersex people when enacted.            

“The measures shall not require a person to alter their biological hormonal composition as a condition to participating in any sporting activity or program,” reads the bill. 

Although the measures would apply nationally, they would contradict the World Athletics Council’s 2018 regulations that similarly bar female transgender athletes from participating in international competitions, such as the Olympic Games. Intersex Kenyan athletes have to abide by these rules at the global level.       

The World Athletics through the regulations noted trans women who naturally have higher levels of testosterone compared to ordinary women have to undergo medication or surgery to lower their testosterone levels as a condition before competing in races of between 400 meters and a mile. Kenya’s National Olympic Committee supports these rules.

Some top female trans athletes barred from competing in the Olympic events from the World Athletics regulations due to their high natural testosterone levels include Margaret Wambui of Kenya, Caster Semenya of South Africa, Aminatou Seyni of Niger and and Francine Niyonsaba of Burundi.

The trans athletes opposed the World Athletics regulations with Semenya challenging them in court, but lost the case, even though the U.N. Human Rights Council in 2019 criticized the rules. UNHCR cautioned sports bodies not to “force, coerce or otherwise pressure women and girl athletes into undergoing unnecessary, humiliating and harmful medical procedures.” 

Kenya National Commission on Human Rights Deputy Director Veronica Mwangi, who spoke with the Washington Blade about the bill’s controversial proposal, said Kenya, which is the only African country to recognize intersex people as a third sex, has started the conversation with a “bigger picture” for the international sporting bodies to create an alternative competition for them to exploit their talents without reducing their hormonal levels or interfering with their biological characteristics as the condition before competing.      

“As KNCHR, we are very clear that we cannot afford to continue discriminating and marginalizing persons who are born as intersex, but rather we can promote conversations of inclusivity where the Semenya of South Africa, an equivalent of Semenya in Uganda and an equivalent in the U.S. or Kenya can have a special sporting event like the Paralympics for persons living with disabilities,” Mwangi said. 

She also questioned the fairness of World Athletics and other international sporting bodies in demanding “the Semenyas or talented intersex persons” to undergo hormonal therapy which then affects the athletes’ well-being after interfering with their biological anatomy.   

“These governing sporting bodies should not come back to us that it is the intersex persons to carry the blame,” Mwangi said. “It is not the responsibility of the intersex (person) but they are duty-bearers and should think of mechanisms to grow their talents and not find an easy way out of demanding to change who they are.” 

Mwangi disclosed the proposal is driven by KNCHR’s special task force report that found most intersex school children are talented and perform well in sports. 

Kenya’s Intersex Persons Implementation Coordination Committee is already identifying talented intersex people, including those in schools, to support their growth in sports. Kenya’s 2019 Census found there are 1,524 intersex people in the country.

Other amendments to the Intersex Persons Bill include an employment provision that would cap an intersex person’s monthly income tax at 25 percent of wages, compared to other Kenyans whose maximum taxable income stands at 35 percent, depending on one’s monthly total earnings.  

“Capping the income tax or wages for intersex persons at 25 percent is a tax consideration in the form of an affirmative action to uplift them in economic development and it is similar to that of persons living with disability who are tax exempted as marginalized groups,” Mwangi said.

The bill further seeks to amend the Health Act for any parent with an intersex child born at home to report the birth at the nearest government administration office or risk a fine of not more than $1,000 or a six-month prison term, or both, after being found guilty of concealing an intersex child’s identity.

The proposed law, moreover, seeks to create the National Council for Intersex Persons, whose mandates would include the creation of initiatives and programs to prevent discrimination against intersex people, creating a database for all intersex people and accrediting the group for employment purposes.  

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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 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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