Zimbabwe reviews intersex laws after court challenge

Zimbabwe's government has initiated a review of its legal framework concerning intersex persons, spurred by a significant constitutional court case. This move signals a commitment to addressing the rights and challenges faced by intersex individuals within the nation's legal and administrative systems.

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Basically what we have done is we have received a court challenge regarding this issue (intersex) and we referred it to the Attorney General.

A high-level meeting in Harare brought together the Justice Minister, Ziyambi Ziyambi, along with ministers for Public Service, Labour and Social Welfare, and Health and Child Care. Experts, civil society representatives, and individuals with lived experience of being intersex were also present. Minister Ziyambi confirmed that litigation challenging the government's handling of intersex rights was the catalyst for this process.

The Justice Ministry, in collaboration with the Law Development Commission and the United Nations Development Programme (UNDP), is conducting research to better understand the issues. Ziyambi acknowledged that while Zimbabwe's Constitution recognizes only two sexes, the government must adapt to accommodate citizens who do not fit neatly into these binary classifications. The research and the meeting are part of an ongoing effort to develop concrete measures.

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The research and this meeting are part of work in progress.

Discussions highlighted existing gaps in legislation, as current statutes primarily classify individuals as male or female. Minister of Public Service, Labour and Social Welfare Edgar Moyo noted that stigma and cultural beliefs have historically hidden intersex issues, leading to exclusion from essential services. Testimonies revealed the difficulties families face in understanding intersex variations, especially when they become apparent later in childhood. Moyo emphasized the need for more inclusive support systems and for the government to be "adaptive" and "live beyond culture" to promote inclusivity.

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There is real gap in our statutes to address those issues. Because we are basically classified as male and female and then there are people falling in between.

Participants identified obstacles in accessing crucial services such as birth certificates, national identity documents, education, healthcare, banking, employment, and voting, all of which rely on male and female classifications. The Ministry of Justice indicated that further steps will be taken based on the outcomes of this review process.

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Testimonies were heartbreaking, noting that parents may not always know or may not understand the issue early enough, particularly when traits emerge later.