Kenya National Commission on Human Rights
Press Statement: For Immediate Release, Nairobi, Saturday, October 26, 2024.
Commemoration of the 2024 Intersex Awareness Day
Advocating for Intersex Persons’ Rights, Equality and Legislative Reforms
Today, as we commemorate Intersex Awareness Day, the Kenya National Commission on Human Rights (KNCHR) takes this moment to recognize and advocate for the rights of intersex persons—a marginalized group whose experiences and needs have historically been overlooked in the Kenyan society.
Through our collaboration with the Intersex Persons Implementation and Coordination Committee (IPICC), formed by the Attorney General in 2019, KNCHR has been instrumental in driving policy, institutional, and legislative reforms focused on intersex individuals. Our work under IPICC has been pivotal in addressing challenges unique to intersex persons, protecting their dignity, and advancing their rights. This mandate is reinforced by the KNCHR Chairperson’s dual role as the Chair of the Intersex Persons Implementation and Coordination Committee.
Understanding Intersex Persons’ Lived Realities
An intersex individual is born with biological characteristics that do not conform strictly to male or female categories. These traits may manifest from birth or become apparent later in life. According to the 2019 Kenya Population and Housing Census, there are 1,524 intersex persons in Kenya, with Nairobi and Kiambu Counties recording the highest numbers at 245 and 135, respectively. Despite constituting only 0.003% of the population, intersex persons face immense challenges due to societal norms, limited awareness, and inadequate legal protection.
Intersex persons have long endured discrimination stemming from a lack of awareness, which has fostered stigma and barriers. Among the most troubling issues are non-consensual medical interventions on intersex children, intended to conform their bodies to binary gender norms. Such practices can have lifelong psychological and physical impacts. Intersex individuals in Kenya continue to face challenges in accessing healthcare, education, employment, and acceptance within their communities and families.
Advocating for Rights: The Intersex Persons Bill
In response to these issues, KNCHR has taken strides to advance the rights of intersex persons through research, documentation, and policy advocacy. KNCHR led the development of the Intersex Persons Bill, a landmark legal proposal that aims to recognize, protect, and promote the rights of intersex individuals, ensuring equal opportunities, implementing affirmative action, and prohibiting discrimination. This Bill is designed to work alongside existing laws, such as the
Constitution, the Persons Deprived of Liberty Act, and the Children Act of 2022, which formally acknowledges the rights of intersex children. Extensive public consultations across 24 Counties, involving over 2,000 Kenyans, informed the drafting of the Bill. Public feedback was integrated and validated by IPICC, and the Bill was submitted to the Attorney General. Feedback has been received for further legislative action.
Significance of Intersex Awareness Day
Since its inception in 1996, Intersex Awareness Day has underscored the critical need to address human rights issues affecting intersex persons. The day honors the resilience of intersex individuals and their advocates while challenging us to build a future free from discrimination. International organizations, including the United Nations, echo this call, advocating for global recognition, inclusion, and protection of intersex persons.
KNCHR Recommendations for Intersex Persons Equality and Protection
As we mark this important day, KNCHR calls upon all Kenyans to join us in building an inclusive society that respects intersex individuals and recognizes their rights. We recommend the following:
- Increased Public Awareness: There is an urgent need for education and awareness programs to destigmatize intersex variations and foster societal acceptance.
- Legislative Support: We urge Parliament to prioritize the Intersex Persons Bill and work toward its swift enactment to protect the rights of intersex persons in Kenya.
- Protection Against Non-Consensual Medical Interventions: We call for legal safeguards to prevent non-consensual surgeries and medical treatments on intersex individuals, especially children.
- Enhanced Healthcare Services: The government and healthcare providers must ensure intersex persons have access to sensitive, inclusive, and competent healthcare.
- Community and Family Support: We encourage community and family members to provide a supportive environment that respects and includes intersex persons without prejudice.
Let us commit to listening, learning, and advocating for equality and recognition for intersex persons. This Intersex Awareness Day, let us renew our resolve to protect the rights of all Kenyans, including intersex individuals, ensuring that every Kenyan enjoys the dignity and freedom they deserve.
The Kenya National Commission on Human Rights (KNCHR) is an Independent National Human Rights Institution (NHRI) established under Article 59 of the Constitution of Kenya, 2010 and the KNCHR Act, 2011. The Commission’s mandate is the promotion and protection of human rights in Kenya.
Roseline Odede, HSC
Chairperson,
Kenya National Commission on Human Rights