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Categorisation: Intersex persons count in the ongoing census

Monday, August 26th, 2019 00:00 | By
Intersex by numbers.

Isaac Mwaura       

Intersex persons are people born with both male and female sex organs. They, therefore, do not fall under the categorisations of either gender—male or female.

Many intersex persons suffer in silence. But this is bound to change since for the first time in our history, they are being counted in this year’s census.

In 2016, someone calling himself  “Accepted Outcast” tweeted me, appreciating my role as a champion for the rights of persons with disabilities. He explained his predicament. I invited him for a tête-à-tête. 

The following week, Mary Waithera, also known as James Karanja, came to my parliamentary office. From the outset, I knew this matter was not about disability, but gender. It was about the fundamental question of whether one is a man or a woman. You can imagine struggling with this form of identity.  

We embarked on a mainstream media awareness campaign, followed by the drawing up of a petition to Parliament on “gender identity disorder”. At this point, even the terminology was not clear as issues raised were legitimate but not well understood. The prayers sought to have them identified at birth, be counted and recognised in law. The petition faced resistance on the floor of the House. 

The matter was nevertheless referred to the National Assembly’s Administration and National Security committee by the Speaker. 

We also contacted the Kenya National Commission on Human Rights (KNCHR) to take up the matter, especially regarding the right to hold an identity card, change name and equal recognition before the law.

The Asman Kamama-led committee recommended, among others, that intersex persons be counted in the next census; that government carries out a public awareness campaign and legal reforms through legislative amendments. 

It is due to this report that then Attorney General Githu Muigai constituted a taskforce on intersex matters with KNCHR as the secretariat. The taskforce was to provide guidelines to ensure intersex persons live a normal life. 

It is out of this process that the inclusion of the intersex question by the Kenya National Bureau of Statistics became a reality. 

Self-representation is a very critical aspect of inclusion. While there were dissenting voices about the formation of a stand-alone intersex person’s organisation, primarily by the lesbian, gay, bisexual and transgender (LGBT) community, and some religious organisations, I held the opinion it was necessary that intersex persons themselves develop a platform that they could use to advance their rights. 

That is how I brought together James Karanja/Mary Waithera, Ruth Wangui/Rayan Muiruri and Kwamboka and inspired them to form the Intersex Persons Society of Kenya (IPSK) of which I  am patron.

As expected, there was resistance to have the organisation recognised by the Registrar of Societies but through several correspondences and the intervention of the AG, this became a reality. IPSK has played a critical advocacy role in helping Kenyans to understand the plight of intersex people, including the best way to mainstream them in society. 

At the Senate, I have introduced two bills to amend the Registration of Birth and Deaths, and Civil Registration acts to recognise intersex persons.

I, therefore, call upon all intersex persons and their families to come out, volunteer information and respond to the enumerator’s questions without fear or shame. This will enable the government and other stakeholders to have the requisite information for effective policy and planning purposes.  

I also call upon them to register as members of IPSK, in order to get support and directly benefit from programmes aimed at restoring their rights, dignity and freedoms. Intersex Persons must count. — The writer is a Nominated Senator  —[email protected]

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