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.
Cuba
When impunity meets history
Raúl Castro indicted for alleged role in shooting down Brothers to the Rescue aircraft
The scene would have seemed impossible only a few years ago.
The name of Raúl Castro Ruz appearing formally inside a United States federal criminal indictment. Cuba’s former general of the Army, for decades one of the most powerful figures inside the Havana regime, accused in connection with the shootdown of the Brothers to the Rescue aircraft and the deaths of American citizens in 1996. And all of it unfolding in Miami, inside the Freedom Tower, on May 20.
That detail matters.
Because this indictment arrives at one of the most fragile and politically tense moments in recent relations between Washington and Havana. It comes as Cuba faces deep economic collapse, growing political exhaustion, mass migration, blackouts, and increasing public frustration both inside and outside the island. It also arrives on a date carrying enormous symbolic weight for Cuban exiles — the anniversary of the founding of the Cuban Republic in 1902.
But the true significance of this moment goes far beyond symbolism.
What happened in Miami represents something much larger: the collapse of the idea that certain men would never face accountability.
For decades, Raúl Castro embodied the permanence of revolutionary power in Cuba. Defense minister. Military strategist. The man who oversaw the armed forces for generations. One of the central architects of the Cuban political and security apparatus built alongside Fidel Castro. A figure many believed would leave this world untouched by any court, shielded forever by power, time, and history itself.
Today the image is very different.
Today his name appears inside the language of American criminal prosecution.
And that changes the historical dimension of this case completely.
Because this is no longer simply a political accusation voiced by the Cuban exile community. It is now a formal federal criminal indictment publicly announced by the United States government against one of the highest-ranking figures in the history of the Cuban regime.
The setting itself carried enormous meaning.
The Freedom Tower is not just another building in Miami. For generations of Cuban exiles it represents memory, displacement, survival, and the beginning of a new life after fleeing Cuba. Thousands of Cubans passed through those doors after escaping the revolution. Families arrived carrying fear, uncertainty, grief, and hope all at once. Announcing these charges from that location transformed the moment into something far deeper than a legal proceeding.
And the people witnessing it were not only members of the exile community.
Among those present were relatives of the young men killed nearly 30 years ago. Families who spent decades waiting to hear words they feared might never come. Families who carried the weight of loss while believing the men responsible would never be formally accused by any court.
That emotional weight still surrounds this case.
On Feb. 24, 1996, two civilian aircraft operated by Brothers to the Rescue were shot down over the Florida Straits by Cuban military jets. Armando Alejandre Jr., Carlos Costa, Mario de la Peña, and Pablo Morales were killed. The flights were connected to humanitarian rescue efforts searching for Cubans attempting to flee the island during the migration crisis of the 1990s.
Those aircraft were not military bombers.
They were not attacking Cuba.
They were civilian planes associated with rescue operations involving Cubans risking their lives at sea.
That reality has always shaped how this tragedy lives inside the memory of the Cuban exile community.
For many, this was never viewed simply as a geopolitical conflict between hostile governments. It was seen as the use of military force against civilians connected to humanitarian missions during one of the darkest chapters in modern Cuban migration history.
But for many Cubans, the indictment reaches far beyond the Brothers to the Rescue case itself.
It touches decades of unresolved pain tied to one of the central figures behind Cuba’s military and political system.
It reaches mothers who buried sons lost in compulsory military service or in distant wars they never chose to fight. Families who spent years believing promises that were never fulfilled. Political prisoners who disappeared into silence. Relatives who watched loved ones die trying to flee the island.
And for many LGBTQ Cubans, the moment carries another layer of historical weight.
Long before official campaigns promoting tolerance and inclusion emerged from within the Cuban government, there were years of persecution, fear, forced silence, and humiliation carried out under the revolutionary system itself.
The UMAP labor camps remain one of the deepest scars in modern Cuban history. Gay men, pastors, religious believers, artists, and others considered incompatible with the revolutionary ideal were sent away under the language of “re-education” and forced labor.
In recent decades, public gestures toward LGBTQ inclusion promoted by figures close to the Cuban leadership attempted to project an image of progress and openness to the international community. But for many survivors, and for many Cuban LGBTQ people, those gestures never erased the trauma or the historical responsibility tied to the same structures of power that once persecuted them.
For many, acknowledgment without accountability still feels painfully incomplete.
That is why this indictment resonates so deeply today.
Because it arrives while Cuba once again faces profound national crisis. The island is losing entire generations through migration. Public frustration continues to grow. Economic collapse shapes daily life. And the revolutionary narrative that once projected permanence and control appears increasingly eroded by reality itself.
Against that backdrop, the image emerging from Miami becomes even more striking.
A man once viewed as untouchable by history now formally accused by the United States government and legally transformed into a fugitive wanted by American justice.
History moves slowly until suddenly it does not.
And for many Cubans, both on the island and throughout the diaspora, what happened today inside the Freedom Tower felt like witnessing something they once believed they would never live long enough to see.
As a Cuban, as an immigrant, and as someone who has lived close to that pain, one thought keeps returning tonight:
Justice takes time.
But when it finally arrives, it arrives with history behind it.
David Trone’s commercials keep telling us what he has done for women. But apparently, he doesn’t trust them to fight for themselves, or he wouldn’t keep spending countless millions to defeat them.
Trone is trying to buy back his seat in Congress, this time running in a primary in Maryland’s 6th District against incumbent Democrat April McClain Delaney. Once again, Maryland voters should say a loud NO to David Trone. He is doing this after spending nearly $60 million trying to buy a United States Senate seat, which he thankfully lost to Angela Alsobrooks, now one of only two Black women in the United States Senate. Clearly, that was a blow to his ego, and now he is trying again to defeat another very competent woman. He has already spent close to $7 million on commercials attacking Delaney, telling us how much money he has spent on what he calls ‘good deeds.’ Delaney is accurately calling him out for working with Florida Gov. Ron DeSantis, and donating through his business, nearly $800,000 to Republicans, including MAGA ones. When he was buying his first seat in Congress, the Washington Post reported, “Wine retailer David Trone… has contributed more than $150,000 to Republicans in states across the country since 2000, according to a nonpartisan site that tracks money in politics. Most went to candidates and officeholders in states where he sought legislation or regulatory changes favorable to his company, Total Wine & More. Among the Republicans who received funds were Gov. Greg Abbott and Lt. Gov. Dan Patrick of Texas and North Carolina Gov. Pat McCrory.” The same Pat McCrory who signed anti-LGBTQ legislation and Abbott who wants to close all Planned Parenthood sites in Texas.
I urge voters in Maryland’s 6th, to speak out for, and vote for, April McClain Delaney. Join with me, and a host of others, who have endorsed her as of March 31. They include Sen. Angela Alsobrooks (D-Md.), Sen. Chris Van Hollen (D-Md.), Maryland Gov. Wes Moore (D), Rep. Nancy Pelosi (D-Calif.), Rep. Sarah McBride (D-Del.), and every Democrat in the Maryland U.S. House delegation.
McClain Delaney says, “Now, David Trone says I should step aside, so he can have his old office back after he ran for the Senate, lost, and has been sitting on the sidelines. He’s a distraction. This race isn’t about one man’s ego. … And as a member of team Maryland, I forged strong relationships with Governor Moore and the entire federal delegation, as well as with local leaders across the district.” She adds, “On behalf of my district, I stand up to bullies. That’s why I’ll continue to take on Trump’s assault on our government workers, defend our diverse community, protect choice and women’s reproductive rights, and work against inflation-creating tariffs.”
Again, this isn’t the first time Trone spent a fortune trying to get into Congress. It cost him about $25 million, and two tries, to win the first time. Then his ego had him give up the seat he bought to run for the U.S. Senate. Apparently he has unlimited amounts of money to spend and at nearly 72 thinks he needs to get back in by defeating a strong woman nearly 10 years younger, who is doing a great job. He is clearly not needed in Congress.
Trone always made the basis of his campaigns not taking any money from PACs, lobbyists, and big donors. Seems hypocritical considering he thought it was OK to influence others to build his own business. To give Trone credit he always runs on a very liberal platform, which is pro-LGBTQ, pro-women, and pro-equal and human rights for all. But then Democrats like April McClain Delaney, who he is now running against, has the same platform, and is doing a good job for her constituents.
Trone’s commercials are mostly about what he has done for women. But again, he clearly doesn’t trust women to do for themselves. He spent $60 million running against a great woman for U.S. Senate, and now is spending more millions running against another strong woman, trying to reclaim a House seat he gave up. Marylanders, make sure he loses again, by voting for April McClain Delaney for Congress.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Opinions
Skipping Memorial Day crowds in Rehoboth Beach
After 30 years, I’ve become allergic to large gatherings
There are a lot of things about getting older that are great. I love retirement, love the cruises I take, time at my favorite coffee shops, both in D.C. and at the Coffee Mill in Rehoboth. Then there are some not so great things. I have had a few health issues, which luckily, I have fully overcome. Some issues you can do something about, others you can’t. One of the things I have come to realize is, I no longer enjoy big crowds, and this is something I can do something about. Just avoid them.
I have spent every holiday weekend since buying my place in Rehoboth, and that is going on 30 years, at the beach. I go for Christmas and New Year’s, Martin Luther King, Jr. weekend, President’s Day, Memorial Day, and Labor Day. Add a few extra holidays I may be missing like Veterans’ Day, if it falls on a weekend. This is the first year I won’t be there on Memorial Day, and it is by choice. Instead, will be staying in D.C. Some will ask why, and my simple answer is to avoid the crowds. I keep thinking of the crowds last Memorial Day and decided to see how it goes skipping it this year.
Don’t get me wrong, I am thrilled for all the businesses at the beach when they are swamped with people. And glad those people who want to be there are having a great time, and don’t mind when the lines to get into Aqua and Diego’s are around the block. Or when my favorite place for coffee, The Coffee Mill, has a line when I get there at 7 a.m. When you can’t get a reservation at the Pines or even Ava’s. But last year it finally occurred to me why I wasn’t having as much fun as I used to, and realized it was because I have become allergic to crowds. So, for the first time this year, I determined I was going to stay away and see how it feels. I may regret it after a few hours at home in D.C., or when seeing friends’ posts on Instagram and Facebook. But am going to take that chance. One thing I do regret missing is the incredible annual brunch thrown by my friend Robert, and his husband, but am determined to see what it feels like not being at the beach for the kick-off holiday weekend of the summer.
To wean myself away, I did go last weekend. Had a great time seeing friends. Had fun at Aqua each evening for happy hour; went to a great party at CAMP in honor of their new Executive Director Dr. Robin Brennan. I’ve had a chance to chat with her, and believe they made a great choice when hiring her. Then on Friday evening I went to the Washington Blade annual season kick-off party at Diego’s and met the new Steve Elkins Fellow, Thomas Weaverling, and am sure he will do a great job. It was wonderful to see Ashley Biden there accepting the award given posthumously to Beau Biden for all he did for the LGBTQ community. Then on Saturday I stopped in at Freddie’s Beach Bar for the Cloud Nine reunion. That brought back so many good memories. It was coordinated by the inimitable Fay Jacobs. It was back then when I did like crowds, the more the merrier, and remember dancing all evening on the small crowded dance floor. Some people at the reunion reminded me of all the years I hosted an annual Memorial Day party, actually the first 10 years I had my place at the beach. It was catered by the Blue Moon, when my friend Rob was there, and they brought the Champagne, hors d’oeuvres, and even a bartender. I just had to have fun, and I did. The thought of doing that today is a little overwhelming, and I think it is about age.
So, this year I will see how much I miss being at the beach for the holiday weekend. Then after my June trip to France, will decide whether I want to do the same for the Fourth of July. I kind of look forward to seeing what my thoughts on it are, and how it goes.
For those of you at the beach, I hope the place is a zoo, of the best kind, and you all have a fabulous time.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
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