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Landmark intersex rights law takes effect in Kenya

Activists praise Children Act 2022

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(Photo courtesy of Rarrarorro via Bigstock)

A new law that took effect late last month in Kenya has granted equal rights and recognition to intersex people 

Intersex people are now recognized as Kenya’s third gender with an ‘I’ gender marker in response to the Children Act 2022. Kenya is the first African country that has granted the intersex community this universal right.

The new law requires intersex children to be treated with dignity and have equal access to basic services like medical treatment and education, in addition to social protection services as a special need. It also requires the accomodation of intersex children in child protection centers and other facilities.

Courts are also required to consider the needs of intersex children who are on trial — including the calling of an expert witness — before they issue any ruling. The law further stipulates that anyone can be a foster parent without restrictions of gender, age or marital status.

It also protects intersex children from so-called sex normalization surgeries, and such procedures will only be done with a doctor’s recommendation. Those who violate the law will face at least three years in jail and a fine of at least $5,000.

“This is a great and major milestone globally for Kenya. We are now way ahead and can teach our neighbors and the whole globe good practices,” said Jedidah Wakonyo, a human rights lawyer and former chair of the Intersex Persons Society of Kenya

The long journey for recognition started dramatically in 2006 when some human rights organizations petitioned courts about a detainee who had been accused of a violent robbery.

Authorities perceived the suspect was a man after police strip-searched him before he entered prison.

This followed numerous court battles by intersex people who demanded the right to recognition as another gender in their birth certificates.

Being denied birth certificates from the discriminatiory law that only recognized male and female genders further limited their access to national identity cards, passports and other crucial documents and government services.      

The Births and Deaths Registration Act under the new law’s Section 7 (3) “shall take measures to ensure correct documentation and registration of intersex children at birth.” 

Intersex people commonly have a combination of male and female gonads (ovaries or testicles) or ambiguous genitalia. 

Wakonyo, who also chaired the Intersex Persons Implementation Coordination Committee and was named the International Court of Justice’s 2020 jurist of the year, describes the law’s enactment as a historic moment because of its comprehensive definition of an intersex person.

It defines an intersex child as “a child with a congenital condition in which the biological sex characteristics cannot be exclusively categorized in the common binary of female or male due to inherent and mixed anatomical, hormonal, gonadal or chromosomal patterns which could be apparent before, at birth, in childhood, puberty or adulthood.”

Kenyan law considers anyone under 17 to be a child.

“Defining an intersex from a child’s perspective while taking care of many aspects and not just the physical notion of being intersex is the best practice because in future they don’t find themselves in the state of gender confusion between males and females like the current situation,” stated Wakonyo. 

This provision essentially protects intersex persons from being deprived of their constitutional rights of gender recognition under the country’s Bill of Rights.

Veronica Mwangi, the deputy director at Kenya’s National Commission on Human Rights, that helped secure the law’s implementation, said it addresses issues for which the intersex community has been fighting for years.    

“It is very progressive and we are glad about the gains because it provides for the existence of the intersex which all state actors have to accept. Full implementation is what we now need to focus on,” she said.

The law took effect roughly five years after Kenya became the first African nation and the second country in the world after Australia to count intersex people in a Census. The 2019 survey showed 1,524 Kenyans were intersex.

Intersex rights groups had initially petitioned the courts for a total ban of surgeries on intersex children unless they were a medical emergency.

Wakonyo backs the provision for a doctor’s approval on grounds that the surgeries will only be done “in the best interest of the intersex child, informed consent of the parents and the participation of the child depending on the age.” Wakonyo and other activists say the relaxation of the requirements for adopting intersex children not only seeks to end the problem of neglect and abandonment but also the stigma that has left some to die by suicide.

The law safeguards adoptive parents’ rights and parental responsibility and intersex children from child labor, online expuse and other forms of exploitation.

“Intersex children who are just like other children will no longer be killed at birth because of their gender ambiguity,” said Wakonyo.   

Despite the law’s huge benefits for the intersex community, Wakonyo notes it is a “very significant foundation” for the group because gender-specific accommodations in social gatherings and facilities remain needed.

Another historic win for intersex Kenyans this year was the Kenyan National Commission on Human Rights’ decision to hire an intersex commissioner.

“Dr. Dennis Wamalwa applied as an intersex (person), interviewed as an intersex (person), and the shortlist comprised male, female, and ‘I’ gender for intersex. He emerged (at the) top and his intersex friends and associates came to witness his swearing,” stated Wakonyo, who also served as a Kenyan National Commission on Human Rights commissioner.

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Egypt

Egyptian authorities refuse to allow gay cruise to dock in country

Scarlet Lady earlier this week blocked from visiting Turkey

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Alexandria, Egypt (Photo by javarman/Bigstock)

Egyptian authorities have refused to allow a gay cruise to dock in the country.

The Scarlet Lady, a Virgin Voyages ship that Atlantis Events chartered, was to have docked in Alexandria, a port city on the Mediterranean Sea. The Washington Blade obtained a letter that Atlantis Events President Rich Campbell sent to passengers on Thursday, hours before the cruise was to have arrived.

“Early this morning, we were informed that Scarlet Lady has been denied entry into Egyptian waters and, as a result, will no longer be able to call in Alexandria today,” he wrote.

“I know how much this visit meant to so many of you,” added Campbell. “We successfully sailed a similar itinerary last year, so we were surprised by this unfortunate decision.”

Campbell noted “both the Atlantis and Virgin Voyages teams worked tirelessly to make this call in Alexandria a possibility.”

“This news came as a surprise to all of us, and we’re just as disappointed as you are,” he said.

The 10-day cruise left Athens on July 5. It is scheduled to end in Trieste, Italy, on July 15.

The ship had been scheduled to dock in Kusadasi, a Turkish resort town on the Aegean Sea, and Istanbul earlier this week. Turkish authorities refused to allow it in the country.

Former Tempe, Ariz., Mayor Neil Giuliano, who is an LGBTQ+ Victory Institute board member, is among those on the cruise.

“Just a few hours before arriving in Alexandria, Egypt — a city founded by and named for one of the ancient world’s best-known homosexuals — government authorities rescinded permission for our ship of 2,000 gay men to enter Egypt,” wrote Steve May, who is also on the ship, on Thursday in a Facebook post.

Alexander the Great founded Alexandria in 331 B.C.

“As with Turkey, we have been sent away not because of what we did, but because of who we said we are,” said May. “‘I am what I am’ is too much liberty for some to bear. So it was in the United States as well not long ago, where even I ended up as a convicted homosexual after a military trial in 2001 for saying ‘I am gay.’ This is just a reminder that for all the progress we have made, our freedom is never secure — for any of us, regardless of who or how we love. Back to Europe!”

Discrimination and persecution based on sexual orientation and gender identity is commonplace in Egypt. The Egyptian Football Association, along with the Football Federation Islamic Republic of Iran, objected to playing in the World Cup’s “Pride Match” that took place in Seattle on June 26.

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Egypt

Iran, Egypt play in World Cup ‘Pride Match’

FIFA allowed Pride flags inside Seattle stadium

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(Screen capture via KOMO News/YouTube)

Iran and Egypt on Friday faced off during the World Cup’s “Pride Match” in Seattle.

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death. Discrimination and persecution based on sexual orientation and gender identity is commonplace in Egypt.

Friday’s match coincided with Pride weekend in Seattle. The Egyptian Football Association and the Football Federation Islamic Republic of Iran both objected to playing in the “Pride Match.”

Egypt and Iran tied 1-1.

FIFA, for its part, allowed Pride flags inside the stadium during the match.

“The FIFA World Cup 2026 is an inclusive event that welcomes people from all backgrounds,” a FIFA spokesperson told the Washington Blade in a statement. “Fans of all sexual orientations and gender identities are welcome at matches and events. General statements of human rights, including rainbow flags and other flags representing sexual orientation and gender identity, are permitted under the FIFA World Cup 2026™ Stadium Code of Conduct and may be displayed inside stadiums provided they are used in a manner consistent with the code.”

Human Rights Watch welcomed FIFA’s decision to allow Pride flags inside the stadium. Outright International, a global LGBTQ and intersex rights group, distributed Pride flags in Seattle on Friday, which was Pride Match Day.

“Visibility matters,” said Outright International Executive Director Maria Sjödin. “Pride is now being celebrated in more than 100 countries, including this weekend in Seattle. For many LGBTIQ people, seeing a Pride flag in public is a reminder that they are not alone, and that their rights and dignity are recognized.”

FIFA President Gianni Infantino earlier this year told Die Weltwoche, a Swiss magazine, that “there will be no ‘Pride Match’ at the (FIFA) World Cup.”

“There will be a FIFA World Cup match in Seattle, and on the same day, events organized by external organizations will be taking place in the city,” said Infantino. “But that has nothing to do with the match itself.”

Peter Tatchell, a long-time LGBTQ activist from the U.K. who is director of the Peter Tatchell Foundation, was among those who traveled to Seattle for Friday’s match. Tatchell accused FIFA of not vetting World Cup teams — specifically Iran, Egypt, Saudi Arabia, Ghana, Senegal, Qatar, Tunisia, Morocco, Iraq, Uzbekistan, and Algeria — over whether they would allow gay players.

“FIFA is protecting LGBT+ visibility in the stands while failing to protect LGBT+ players on the pitch,” said Tatchell.

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South Africa

White House to end PEPFAR funding for South Africa

State Department says country failed to respond to 2025 executive order demands

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(Photo by Rarraroro via Bigstock)

The Trump-Vance administration will end PEPFAR funding for South Africa.

A State Department spokesperson on Wednesday told the Washington Blade the State Department “will begin a phased drawdown of PEPFAR programming in South Africa, with most programs ending by Sept. 30, 2026, and critical personnel support continuing through March 31, 2027.”

Semafor last week reported South Africa has received more than $8 billion in PEPFAR funding since President George W. Bush created the program to combat the global HIV/AIDS pandemic in 2003.

President Donald Trump on Feb. 7, 2025, issued an executive order that addressed what it described as “egregious actions of the Republic of South Africa.” The State Department spokesperson with whom the Blade spoke noted the directive included five specific requests:

• South African government provides exemptions or alternatives for U.S. companies to Broad-Based Black Economic Empowerment laws and other race-based mandates. 

• Senior government officials (e.g., president, deputy president, or minister of justice) unequivocally condemn all race-based incitement to violence, including the “Kill the Boer” song, more frequently. 

• The South African government prevents the implementation of measures that would allow expropriation without fair compensation and due process under the Expropriation Act of 2024. 

• South African Police Service designates rural crime a “priority crime” and increases resources dedicated to high-crime rural areas. 

• South Africa refrains from actions that would significantly interfere with the implementation of the refugee program, within the confines of South African law. 

“The United States communicated to the government of the Republic of South Africa multiple times at many levels that PEPFAR funding was likely to be terminated in the absence of progress on the five asks,” said the State Department spokesperson.

The State Department spokesperson further noted South Africa is “one of the largest economies in sub-Saharan Africa” and “has funded the vast majority of its own HIV response, estimated at 76 percent of the total, including procurement of all treatment commodities.”

“South Africa will continue to be supported by the Global Fund, including for the introduction and scale up of lenacapavir through Global Fund Resources,” the spokesperson told the Blade.

Lenacapavir is groundbreaking HIV prevention drug that users inject twice a year. Eswatini, which borders South Africa, is among the African countries that have received doses of the drug through PEPFAR.

HIV/AIDS service organizations in the U.S. and around the world have sharply criticized the Trump-Vance administration over plans to not fully fund PEPFAR and to cut domestic HIV/AIDS funding.

Secretary of State Marco Rubio shortly after the current White House took office issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

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