The Intersex Project: 2015 - 2017
Project Background:
Intersex people in Kenya face significant human rights violations, starting from birth. There are few protections from mutilation and non-consensual cosmetic medical interventions and no legislative protection from discrimination. Intersex persons may have difficulties in obtaining birth certificates and others forms of documentation.
Traditionally, children who are identified as having an intersex condition at birth were killed. This is beginning to change, according to midwives and birth attendants' organizations. Surviving intersex children may have difficulties in obtaining birth certificates and other forms of identification.
Traditionally, children who are identified as having an intersex condition at birth were killed. This is beginning to change, according to midwives and birth attendants' organizations. Surviving intersex children may have difficulties in obtaining birth certificates and other forms of identification.
Physical integrity and bodily autonomy
Reports suggest that the birth of an intersex infant can be regarded as a curse or bad omen, resulting in infanticide. Seline Okiki, chairperson of the organization of birth attendants, Ten Beloved Sisters, has described how babies born intersex are traditionally killed following birth.
In 2015, it was reported that an intersex adolescent from Malindi, Muhadh Ishmael, was mutilated and later died in hospital. He had previously been described as a curse on his family.
In 2015, it was reported that an intersex adolescent from Malindi, Muhadh Ishmael, was mutilated and later died in hospital. He had previously been described as a curse on his family.
Protection from discrimination
Intersex people are considered to suffer significant stigma. A Kenyan news report suggests high rates of early school leaving, with the organisation Gama Africa reporting that 60% of 132 known intersex people had dropped out of school "because of the harassment and treatment they received from their peers and their teachers". Anecdotal reports point to high levels of suicidality amongst intersex people.
In the 2010 case of Richard Muasya v. the Hon. Attorney General, Muasya had been convicted of robbery with violence. The case examined whether or not he had suffered discrimination as a result of being born intersex. He was found to have been subjected to inhuman and degrading treatment while in prison.
Intersex people in Kenya do not currently have protections from discrimination, but the rights of intersex people are currently a matter of discussion, led by nominated MP Isaac Mwaura. In part, this followed a landmark court case decided in 2014, of a child who could not commence school without a birth certificate.
In the 2010 case of Richard Muasya v. the Hon. Attorney General, Muasya had been convicted of robbery with violence. The case examined whether or not he had suffered discrimination as a result of being born intersex. He was found to have been subjected to inhuman and degrading treatment while in prison.
Intersex people in Kenya do not currently have protections from discrimination, but the rights of intersex people are currently a matter of discussion, led by nominated MP Isaac Mwaura. In part, this followed a landmark court case decided in 2014, of a child who could not commence school without a birth certificate.
Human Rights Advocacy for Intersex people of Kenya.
This project was conceived by the Enduring Voices Foundation (EVF), to provide support for Intersex people in Kenya. It also creates awareness through research, information and data gathering to establish the identifiable presence of intersex persons, the identifiable presence of practice or beliefs that the jeopardizes the human rights, dignity, or lives of all such persons in Kenya. EVF works to develop tools and information suitable and effective for advocacy, to be used in awareness campaigns for a more open, tolerant, and enabling society towards intersex children, adults and their families.
Additionally, Intersex Awareness Day was first marked in Kenya in 2016. A march in Nairobi was organized by Gama Africa, along with petition presented to parliament and events organized by the Enduring Voices Foundation and the Kenya National Commission on Human Rights.
In 2017, work commenced on a "Model Law on the rights of intersex persons in Africa". A first consultation meeting took place at the Centre for Human Rights at the University of Pretoria, in South Africa. Kenyan representatives included John Chigiti of Gender Minorities Action Trust Foundation-Kenya (GMAT), who represented intersex persons in 2010 and 2014 High Court cases.
Additionally, Intersex Awareness Day was first marked in Kenya in 2016. A march in Nairobi was organized by Gama Africa, along with petition presented to parliament and events organized by the Enduring Voices Foundation and the Kenya National Commission on Human Rights.
In 2017, work commenced on a "Model Law on the rights of intersex persons in Africa". A first consultation meeting took place at the Centre for Human Rights at the University of Pretoria, in South Africa. Kenyan representatives included John Chigiti of Gender Minorities Action Trust Foundation-Kenya (GMAT), who represented intersex persons in 2010 and 2014 High Court cases.
Vision & Mission of This Project
The vision behind this project is to end stigma against Intersex children and adults in Kenya, to promote a just society for the Intersex persons and communities in Kenya, to advocate a free society for all and to end discrimination and stigma surrounding Intersex persons in Kenya.
This mission of this project was to:
This mission of this project was to:
- Advance the protection of Human Rights of Intersex people in Kenya.
- Support of Intersex children and adults through capacity building, public education and community engagement,
- Enable Intersex people and communities to access relevant information and access to appropriate healthcare,
- Challenge discriminatory traditions and outdated cultural practices that endanger the lives of Intersex people in Kenya,
- To engage Policy makers through discriminatory gender policies that fail to recognize the presence of Intersex people in Kenya.
- Support Intersex people and communities in Kenya, through research and documentation.
The Objectives of This project were to:
- Improve and scale up awareness, and other relevant support, to eliminate isolation, ridicule and stigma experienced by intersex persons suffering from various kinds of abuses.
- Improve knowledge on critical advocacy on issues such as stigma and discrimination, gender empowerment, cultural practices and poverty that fuels human rights violations and social exclusion of intersex children, adults, and mothers of intersex children.
- Increase the availability of information on different forms of intersex variations and related challenges, and the effectiveness of community based intervention in addressing them.
- Develop and strengthen networking and develop strategic partnership with human rights institutions, policy makers, healthcare associations, legal institutions, community based organizations among others to protect intersex Kenyans.
- Develop the advocacy role of the Enduring Voices Foundation (EVF) in the human rights campaign for intersex persons in Kenya and the region.
Project Outcomes, Successes and Milestones:
- The Enduring Voices Foundation (EVF) was successful in writing two intersex petitions in the Kenyan parliament in 2017.
- EVF director was selected as a member of the Intersex Task Force formed by Attorney General in 2017.
Project Beneficiaries
This project targeted 300 Intersex persons in Kenya including 138 children below 12yrs, 140 teenagers between 14 to 17yrs and adults from 19 to 43yrs.