Advocating for the rights for the Transgender people has been a challenge in every possible way, transmen and transwomen have felt discriminated by the communities they live in because of how they have been labeled and addressed due to the sex they were assigned at birth. The gender marker has however been a more of a challenge because they had to be discriminated by people who don’t even know them including the system. By one of the many transgender people having won a case of having their gender marker changed from male to fee male is not only a victory to the applicant but to other transgender people because now they can step out of their closets and make the same application. It is not a guarantee that all of them will meet the same fate but at least there is hope. Maybe there is also hope in our justice system for the trans community after all. Rainbow identity association still has a long way by insuring that transgender people have their gender marks changes without the long process of court cases and exposure of the transgender [people to the media and public because they too have the right to privacy and to feel safe.
On Friday 29th
September 2017 a transman won a case in which he had applied for his gender marker
to be changed on his national identity card from female to male.
“In a landmark victory for the transgender community, Justice Nthomiwa of Lobatse High Court this morning ordered that a transman's gender marker be changed from female to male” Says Mmegi Online Newspaper. The online newspaper goes on to say that though assigned the female gender at birth, the applicant, (who cannot be named as the Court has previously issued an order that the applicant's identity remain confidential) identifies as a man. The Court ruled that refusal to change the applicant's gender marker was unreasonable and violated the applicant's rights to dignity, privacy, freedom of expression, equal protection of the law, freedom from discrimination and freedom from inhumane and degrading treatment. Therefore, government has been ordered to change the gender marker on the applicant's Omang from female to male. Nthomiwa's ruling is likely to set precedent for transwoman, Ricki Kgositau, who also wants her gender marker changed.Her case will be heard in December before Judge Dambe.
For more information on transgender and intersex issues and in helping us advocate for their right and well being please contact us at +267 3905493, or visit our Facebook page Rainbow Identity.
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