Zimbabwe Set to Reform Legal Rights of Intersex People

An Intersex Community Trust Banner (image source)

Zimbabwe is moving forward with groundbreaking legislation to safeguard the rights and dignity of intersex individuals through the proposed Intersex Persons Bill. The draft law aims to offer formal legal recognition and protection to intersex persons, a historically marginalised group that has faced widespread societal stigma, discrimination, and exclusion.

Intersex individuals are born with sex characteristics—such as chromosomes, gonads, or genitalia—that do not conform to typical binary definitions of male or female. In Zimbabwe, the experience of being intersex has often been marred by misrepresentation, isolation, and, in extreme cases, harmful accusations such as witchcraft, which impact not only individuals but also their families.

The proposed legislation comes in response to Resolution 552 adopted by the African Commission on Human and Peoples’ Rights in March 2023. That resolution urged African nations to enact laws and policies that promote and protect the rights of intersex persons. Zimbabwe’s proposed bill signals a key step in aligning with those continental commitments.

At its core, the Intersex Persons Bill promotes the creation of safe spaces, inclusive decision-making, and a commitment to leave no one behind. It seeks to ensure that intersex people are involved in shaping the policies that affect their lives, particularly on issues like medical decisions, legal documentation, and access to social services.

The bill outlines several legal reforms, including:

• Formal recognition of intersex persons in official records

• Amendments to birth registration systems to accommodate sex characteristics

• Protection against discrimination in schools, employment, and healthcare

• Access to affirmative action programmes to ensure equity

• Establishment of an advisory committee to provide expert input on intersex-related issues

According to the Intersex Taskforce report, which informed the bill, many intersex individuals in Zimbabwe remain invisible in public systems due to lack of legal recognition. This often affects their ability to access basic services or live freely without fear of stigma. The Intersex Persons Implementation Coordination Committee (IPICC) has played a key role in public engagement and consultation around the bill, gathering input from intersex individuals, human rights organisations, and community stakeholders.

Legal experts say that Zimbabwe’s constitution already mandates the protection of every person’s rights, and this bill serves to further clarify and extend those protections to intersex individuals. Advocacy organisations such as the Centre for Human Rights have hailed the bill as a step forward in ensuring that Zimbabwe lives up to its human rights obligations, both regionally and globally.

If passed, the Intersex Persons Bill would make Zimbabwe one of the few African nations with a specific legal framework aimed at promoting the rights and wellbeing of intersex people.