Words and photo by Rumana Akoob
Iranti visited the South African Human Rights Commission (SAHRC) on Friday, 23 August 2019, to conduct a workshop on Intersex rights in South Africa.
Nthabiseng Mokoena from Intersex South Africa (ISSA) first took SAHRC staff through pronouns, and current understandings of gender and sex. They explained how most peoples’ understandings of sex were incorrect because many people do not fit into male and female binaries biologically, telling participants that “sex is not a scientific fact, it is a social construct.”
Mokoena said intersex variation is different from gender identity or sexual orientation in that being intersex relates to biological sex characteristics, stressing that intersex persons are not automatically part of the LGBT community.
“Intersex people, like all people, may identify as male, female, with no gender, or with multiple genders—and they may express their gender in different ways. Similarly, intersex people may be straight, gay, lesbian, bisexual, asexual, or identify in another way. Some, but not all, intersex people use pronouns other than ‘he’ or ‘she’, or ‘they’. Always allow intersex people, just like anyone else, to identify what pronouns they’d like you to use,” they said.
Mokoena also spoke on issues of terminology, explaining that some words and phrases, such as “hermaphrodite” or “both with both” often used to speak about intersex people are insulting and demeaning. Further, it was noted that certain questions often posed to intersex people are often insensitive and insulting as well, particularly when it comes to genitalia and intercourse.
They explained the many violations suffered by intersex people as adults and children. in South Africa, when an intersex variation is visible at birth it may result in infanticide, child abandonment and the stigmatisation of families.
Globally, intersex children have been subjected to Intersex Genital Mutilation (IGM) for decades to forcefully align them to the existing sex and gender binary. These procedures are non-consensual, often irreversible, and are rarely medically necessary, yet they remain common practice in many countries, including South Africa.
Iranti’s Communications and Policy Advisor, Letlhogonolo Mokgoroane, took SAHRC staff through existing legal recognition and protections for intersex people in South Africa.
There are several legislations in South Africa which specifically mention and deal with rights of intersex people including the Promotion of Equality and Prevention of Unfair Discrimination Act which defines “intersex” under the definition of “sex”, as one of the prohibited grounds upon which one may not be discriminated against. South Africa is one of the first country in the world to do so. The Alternation of Sex Description and Sex Status Act, 2003, which allows for gender marker changes and includes intersex persons, though limits them to a binary “male” or “female” option. Intersex also specifically received mention in our new Prevention and Combating of Hate Crimes and Hate Speech Bill, so as to criminalise any hate crimes or hate speech aimed at intersex persons.
Mokgoroane said in 2004 the SAHRC explicitly considered legislation as a means to eliminate IGM, but that this was unsuccessful and as such “IGM has primarily continued as an acceptable practice unabated. Most disturbing is that many of these practices take place at university clinics and state hospitals. In light of this, there is an argument to be made that not only does the South African state do nothing about IGM but directly funds its continuation.”
Iranti Executive Director, Jabulani Pereira, stressed the need to protect the rights of children especially when medical malpractice is such a common occurrence.
“Sometimes we are afraid to question advice given to us by doctors, and how much more [must that apply] for parents at a time of vulnerability and excitement of birthing a child, [who are] then compelled to make a decision without clear information about the repercussions,” he said.
SAHRC Deputy Chairperson, Priscilla Jana, affirmed her commitment to promote the rights of intersex persons in SA through the work of the SAHRC, saying that issues faced by intersex people need to be dealt with immediately.
“Our constitution is one of the most Enlighted in the world and it definitely encompasses intersex people in identifying and full recognition of their human rights so I support that completely,” she said.