By Brenna Matendere
Secretary General of Zimbabwe Association of Doctors for Human Rights, Dr Norman Matara, has moved in to put clarity on the identity of intersex community amid the ongoing landmark court case.
Intersex persons are demandinng formal legal recognition and protection of their rights under the constitution in a High Court case where two organisations – the Health Law and Policy Consortium (HLPC) and the Intersex Community of Zimbabwe (ICoZ) have joined.
In the midst of the debate, Matara who is a Medical Doctor, Public Health Specialist, Health and Human Rights Advocate, Chevening Scholar and Mandela Washington fellow, says the demand of formal legal recognition by the intersex community is spot on.
He emphasised that the intersex people’s condition is a biological condition present at birth and not a sexual orientation or a choice made after birth.
“There’s been a lot of debate about intersex people calling for recognition as a 3rd gender. Many confuse this with gay and lesbian rights. Let me explain what intersex is, the challenges they face, & why legal recognition matters. People born with physical sex traits (genitals, chromosomes, hormones) that don’t fit the typical male/female definitions,” he said.
Dr Matara pointed out that being gay/lesbian is about who you’re attracted to while being intersex is about how your body developed at birth.
“So, intersex is not equal to gay/lesbian. This confusion often fuel stigma and discrimination against intersex people,” he said.
In Zimbabwe, intersex children often face early, forced surgeries to “fix” their bodies which do not need any fixing as well as bullying and stigma in schools.
In addition, they have lack of legal recognition and are forced to choose between male and female on IDs on top of denial of healthcare that respects their identity.
Without recognition, intersex people are invisible in laws and policies.
In response to this, Dr Matara said:
“This worsens discrimination in schools, hospitals, workplaces and even when accessing passports, IDs, or voting rights.
“Recognizing intersex as a 3rd gender isn’t about ‘promoting homosexuality.’ It’s about ensuring fellow Zimbabweans born different have dignity, rights and legal protection.”
Countries like Germany, Australia, India & Kenya have already created
conditions that recognise intersex communities and Dr Matara said Zimbabwe “can too.”
“This is about inclusion, not importing “Western culture.” Intersex people are already here. As citizens, we must support the intersex community. Recognition is equal to protection from discrimination, access to proper healthcare and respect for their humanity.”
“Let’s separate facts from fear. Intersex people are our brothers, sisters, children. They deserve dignity, not stigma. Recognize intersex as the 3rd gender in Zimbabwe,” said Dr Matara.
Health Law and Policy Consortium board chair Tinashe Mundawarara, in in court papers, stated that the lack of legal safeguards for intersex children violates Section 52 of the Constitution, which guarantees bodily and psychological integrity.
“The failure of the Respondents to recognise intersex children as a distinct group and to provide mechanisms for issuing accurate identity documents violates the best interests of the child principle enshrined in Section 81 of the Constitution,” Mundawarara said.
HLPC director, Dorcas Chitiyo, said the situation violated constitutional rights adding that her organisation had filed an appeal at the High Court seeking legal recognition, registration and civil documentation for intersex individuals.
If successful, the case could set a precedent for how the state recognises intersex citizens and may influence similar policies in the region,” she said.
Speaking at a media forum in Harare recently, Intersex Community of Zimbabwe official, Kudakwashe Murisa, said the challenges faced by the intersex community were longstanding and had kept them on the margins of national development.
“This case is historic. For the first time, the Zimbabwean legal system is being challenged to recognise the rights of intersex individuals as equal human beings under the constitution,” he said.“
This case is not just about one individual. It is about an entire community that has been made invisible for too long.”
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