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Breaking binaries and advocating for intersex justice in Southern Africa

Movement embraces intersectionality and affirms people’s multiple identities

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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 BotswanaEswatiniLesotho 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 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 DocXBotswana Trans InitiativeLife|Loss|Love, Mmammati Human Rights Hub, Iranti, the Southern Africa Litigation Center and the Sexual Rights Initiative.

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Opinions

Now more than ever: the importance of LGBTQ activism

What would Jeffrey Montgomery do?

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Jeffery Montgomery in 'America You Kill Me.' (Screen capture via Gravitas Ventures/YouTube)

For half a century, the arc of LGBTQ progress in America has bent—slowly, imperfectly—toward justice. We fought for visibility, for legal protections, for the right to marry, serve openly, and live with dignity. Each generation built on the courage of the last.

And yet today, that progress is in peril. Across the country, lawmakers are rolling back protections, demonizing LGBTQ people for political gain, and trying to erase us from public life.

Opponents of our equality are working to erase us from the Constitution, and indeed, public life. In moments like this, based on my personal involvement working with one of the most effective leaders for LGBTQ rights I find myself asking a simple question: What would Jeffrey do?

Jeffrey Montgomery—the focus of a new documentary “America You Kill Me” and a long time Michigan activist and founder of the Triangle Foundation—was never content with quiet advocacy or compromise. He was a rabble-rouser, a strategist, and a relentless thorn in the side of powerful bigots. When politicians tried to marginalize LGBTQ people, Jeffrey didn’t politely ask for scraps. He forced the issue.

Jeffrey Montgomery started with his own determined voice and turned it into a movement. His story is living proof that personal courage can spark national conversations about justice and inclusion.

At a moment when the LGBTQ movement again faces hostility and regression, Jeffrey’s playbook offers lessons we would be wise to remember.

First, Jeffrey understood the importance of punching above our weight. In the early days of LGBTQ organizing, our movement was small, underfunded, and politically marginalized. But Jeffrey refused to let opponents see us that way. Through visibility, media savvy, and relentless organizing, he made LGBTQ advocates appear larger, stronger, and more unified than our numbers alone might suggest.

That perception mattered. Political opponents think twice before attacking a movement that looks organized, energized, and capable of mobilizing public pressure. Jeffrey knew that power is partly about reality—but also about what your opponent believes your power to be.

Second, Jeffrey never compromised on the value of our lives. Movements make compromises all the time. Politics often requires it. But Jeffrey understood that some things are not negotiable. The basic humanity of LGBTQ people is one of them. You can’t put our basic rights on the ballot. You don’t tell people to wait their turn. There are no turns. It’s now. It’s always now.

Too often, our opponents frame equality as something to be bargained over—as if the dignity and safety of queer people were a policy preference rather than a fundamental right. Jeffrey rejected that premise entirely.

You can negotiate strategy. You can negotiate timelines. But you cannot negotiate the worth of human lives.

And finally, Jeffrey understood the power of coalition. Today, one of the most effective tactics used against marginalized communities is division. If LGBTQ people can be fractured—by identity, ideology, generation, or strategy—our collective strength weakens.

Jeffrey instinctively resisted that trap. He worked with civil rights groups, labor leaders, faith communities, civic leaders and allies across movements. He understood that the fight for LGBTQ equality was never isolated from the broader fight for justice.

When opponents try to divide us, the answer is not retreat into smaller camps. The answer is to build broader ones.

If Jeffrey Montgomery were here today, he would not be discouraged by the backlash we are seeing. He would recognize it for what it is: the predictable response of those who feel their power slipping away.

And he would remind us that progress has never been linear. It has always required courage, persistence, and a willingness to challenge power directly.

So, when the moment feels uncertain, when the political winds shift against us, and when our opponents try to make us feel small, the question remains a useful one: What would Jeffrey do?

If history is any guide, the answer would be simple. He would make some noise. And making noise, today, means refusing to let fear, fatigue, or false unity quiet us when our lives are on the line.


Sean Kosofsky was director of policy at the Triangle Foundation.

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Opinions

D.C. not the place for antisemitic Democratic Socialists of America

Candidates like Janeese Lewis George should reject its endorsement

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D.C. Council member Janeese Lewis George (Washington Blade photo by Michael Key)

D.C. is not the place for the antisemitic Democratic Socialists of America (DSA), who advocate for the end of the State of Israel from the ‘river to the sea.’ The candidates they endorse agree to their platform, which includes not talking to any Zionist organizations. Being a Zionist simply means supporting the existence of the State of Israel. It does not mean supporting the war criminal who heads the government, or what he is doing, including murdering innocent Palestinians, or bombing civilians in Iran and Lebanon. As Ron Halber, CEO of the Jewish Community Relations Council of Greater Washington, wrote in a column in DC Jewish Week, the views of the DSA are totally unacceptable.

The Council is non-political, but I am not. I can say one candidate for mayor, Janeese Lewis George, has asked for, and received, the endorsement of the DSA, and by doing so agrees to its antisemitic platform. After her endorsement became public, George tried to ‘privately apologize’ saying she didn’t see the questionnaire submitted by her campaign, rather it was submitted by a staffer. Now George says she is both not antisemitic, and supports Palestinians. Well, that sounds good. But she, and anyone else who accepts the DSA endorsement, has to answer a series of questions: 1. Are you for a two-state solution and the continued existence of the State of Israel, contrary to the position of the DSA? 2. Do you support BDS? 3. What is your definition of a Zionist? 4. What is your acceptable definition of antisemitism? 5. Will you meet with Zionist groups in DC?  

Then, we must recognize if one candidate, like George, can go after and accept an endorsement from an antisemitic organization, it gives tacit permission for others to do the same with organizations that might be Islamophobic, racist, homophobic, sexist, or anti-immigrant. All unacceptable. I urge D.C. voters to reject any candidate, for any office, who has the endorsement of the DSA. That is not what we want the leaders of our government to represent.

Thankfully, there are many choices in this year’s Democratic primary elections for every office. There is a race for mayor, congressional delegate, attorney general, Council chair, two D.C. Council at-large seats, additional Council seats, Democratic State Committee seats and ANCs. D.C. political leadership will look very different after this election. 

I urge voters to whittle down their choices by first rejecting anyone endorsed by the DSA. The DSA’s platform, aside from being antisemitic, also includes suggestions to ‘Defund the Police.’ That is a slogan some of the candidates running adopted a few years ago, thinking the people wanted it. They quickly found the people of D.C. didn’t want fewer police, they wanted their police better trained, with better community oversight. They wanted to be sure the police were here to protect them, not to harass them. People should know the DSA at one point even withdrew its endorsement from Rep. Alexandra Ocasio-Cortez (D-N.Y.) as she wasn’t strident enough in her opposition to Israel and actually met with a Zionist organization. There are many Zionists like me — a gay, Jewish man — who support the existence of the State of Israel, yet want to see Netanyahu, a war criminal, a murderer, tried for his crimes and in jail, and his government replaced. Zionists who support Palestinians and want them to have their own free state.

As you decide who gets your vote, one way to find out about a candidate is looking at their website. I would suggest you reject any candidate who doesn’t have a strong issues section. The least you can expect of a candidate is to tell you in detail what they intend to do if you elect them. That includes our delegate to Congress, even if they won’t have a vote. If Democrats take back the House of Representatives, we can expect our delegate to once again get a vote in committee, and that can be very important. 

In the next couple of weeks, I will make some endorsements and share them with you in the Blade, for anyone who might be interested. They will detail why I endorse a particular candidate. I will not suggest second, third, fourth, or fifth choices. That is for you to decide. No matter who you give your first vote to, even with ranked choice voting, you can still vote for only one person. If you decide to list more choices, make sure the views of your second, and other choices, coincide with those of your first choice. 

So here is to an honest election season, one in which we end up with candidates winning who really care about our city, who have proven track records, and who will make us proud. Your job is to VOTE, and I hope everyone will. 


Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

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Commentary

Is Ghana’s selective justice a human rights contradiction?

Country’s commitment to human rights appears inconsistent

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Ghanaian flag (Public domain photo from Pixabay)

Ghana’s mission to have the United Nations recognize the trafficking of enslaved Africans and racialized chattel enslavement as the gravest crime against humanity is a historic milestone. The resolution adopted on March 25, 2026, with 123 out of about 180 countries in support, marks a major step toward global acknowledgement of the brutality and inhumanity of slavery. A 2022 report by the Equal Justice Initiative, “The Transatlantic Slave Trade,” highlights how during the slave trade, Africans who were enslaved had no rights, freedom, recognition or protection under the law. They had no voice, no bodily autonomy, no respected identity and could be brutally violated with no legal protection. This history represents a grave crime against humanity.

In my opinion, Ghana and the other countries that voted in favor are entirely right to say that such historic events cannot be sanitized or reduced to diplomatic language. Recognition is the first step towards accountability. This matter is important because it is arguably the foundation of the modern-day injustice and inequality people experience, including wealth inequality, racism, sexism, xenophobia, and queerphobia.

The double standard

Yet, despite this important step on the world stage, Ghana’s commitment to human rights appears inconsistent. The same government advocating for justice for enslaved Africans is enacting laws that jeopardies the rights of Africans today. This contradiction between Ghana’s international stance and its domestic policies is at the heart of the discussion.

In February 2026, the Ghanaian parliament formally received the Human Sexual Rights and Family Values Bill. The bill is a grave threat to the rights to nondiscrimination, protection under the law, privacy and freedom of association, assembly, and expression. It expands criminalization of LGBTQ+ people, and anyone associated with them. This Human Sexual Rights and Family Values Bill calls for a three-year imprisonment for anyone who identifies as LGBTQ+, anyone who has gender affirming treatment, anyone who enters into a same-sex marriage or attends a same-sex wedding and anyone who promotes equal rights for LGBTQ+ people. It turns enforcement into a societal obligation rather than just a state function, encouraging people to report anyone who looks suspicious or different. This further legitimizes the brutal attacks on LGBTQ+ people socially, which leaves the people of Ghana with blood on their hands.  

Ghana’s proposed and reintroduced anti-LGBTQ+ legislation is said to be among the most restrictive in the world and will result in the inhumane treatment of LGBTQ+ people. It not only further criminalizes consensual same-sex relations but also targets civil society organizations that are perceived to be supporting equal rights for LGBTQ+ people. So, if this law passes, it will be illegal to support equal rights and challenge the inhuman treatment of queer Ghanaians and allies. Is this not a double standard? Ghana seeks justice for the ill-treatment of Africans during the transatlantic slave trade but is actively in the process of seeking to harm its own people.

This is not theoretical harm; it is practical harm. According to the Human Rights Watch, LGBTQ+ people in Ghana already face systemic stigma, discrimination, harassment and violence, often enabled by both legal frameworks and social stigma, resulting in a hostile climate.

Ghana falls short of upholding human rights at home

On the global stage, Ghana is arguing that the dehumanization of Africans through slavery was so severe that it constitutes the gravest possible violation of human dignity. This argument rests on a core principle that reducing people to less than fully human is unacceptable under any circumstances.

Back at home, the state is endorsing laws that do exactly that to LGBTQ+ people. Criminalizing identity, suppressing expression, clamping down on civic space, monitoring and surveilling citizens and advocating for social exclusion. These are elements of dehumanization signaling that some are less deserving of protection, dignity, respect, and justice. That is the definition of a double standard.

Supporters of these laws often frame homosexuality as un-African, but this claim does not hold up under scrutiny. In his article, “The ‘Deviant’ African Genders That Colonialism Condemned”, Mohammed Elnaiem emphasizes that historical and anthropological evidence shows that diverse sexualities and gender expressions existed across African societies long before colonial rule. Ironically, many of the laws used to criminalize LGBTQ+ people today trace directly back to the colonial-era. This is even supported by the African Court, which, in December 2020, through its Advisory opinion, made it clear that these colonial-era laws are discriminatory and perpetuated marginalization. The African Court also called on African states to take action in this regard.

It is no secret that anti-rights actors are actively operating in Ghana and supporting leaders to advance their anti-rights agenda. They are increasingly organized, visible, well-funded, and influential in shaping state policy. The upcoming 4th African Inter-Parliamentary Conference on Family and Sovereignty, scheduled to take place in Accra from May 27-30, 2026, is a clear example of this coordination. The conference endorses the so-called African Charter on Family Values, a deeply contested initiative that frames LGBTQ+ people as a threat to children and positions queer identities as foreign ideologies. This platform is being used to legitimize and advance anti-LGBTIQ+ legislation, restrict comprehensive sexuality education and roll back sexual and reproductive health rights. In this context, the treatment of LGBTQ+ people in Ghana cannot be viewed as isolated policy choices, but rather as part of a broader coordinated anti-rights agenda that normalizes and legalizes discrimination. It fuels increasingly inhumane conditions for queer communities and civil society. Ghana is simultaneously rejecting colonial injustice in one breath while enforcing colonial-era morality laws in another.

There is also a legal inconsistency worth noting. Ghana’s own Constitution guarantees the right to life, protection from violence, the right to personal liberty, the right to human dignity, equality and freedom from discrimination and the right to a fair trial. Yet, in practice these rights are not equally applied to LGBTQ+ individuals. Depriving equal rights to LGBTQ+ persons is the same as what the slave owners did to slaves.

You cannot build a credible human rights position on selective application

To be clear, recognizing slavery as a crime against humanity is not diminished by pointing out this contradiction. Both truths can coexist: the UN resolution is a victory and Ghana’s domestic policies remain deeply troubling. In fact, holding both realities together is necessary if the language of human rights is to mean anything at all. Ghana has taken a powerful stand on the global stage. The question now is whether it is willing to apply that same moral clarity at home.

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a human rights activist.

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