Rainbow Identity Association (RIA) commends
the unwavering of the assistant minister of Local Government and Rural
Development, Botlhogile Tshireletso. Mma Tshireletso has over the years come
out in favour of the rights of the minority groups’ community.
The director of RIA (an association that
advocates for the human rights of people who identifies as transgender and /
intersex) has been lobbying Member of Parliament to ensure the rights of
transgender and intersex persons are recognized and respected in the
constitution of Botswana.
On the 5th
of October this year Mr. Skipper Mogapi director of Rainbow Identity
Association (an organization that advocates for the human rights of intersex
and transgender persons) met with Minister Tshireletso to lobby for the
protection and acceptance of Intersex persons in Botswana and to assess their
gender marker in the national identity card (omang). In their meeting Mr.
Mogapi shared with the minister the organization’s intersex policy brief with
the aim to explain to her about inter sex and why it is important for them to
have a different gender marker apart from M (male) and F (female).
The organization developed a policy brief stating
challenges faced by the intersex community such as
Legal
recognition: At birth a birth certificate is issued, as a form of recognition
and documentation. This is a general global practice. In Botswana, the national
identity card; Omang, educational
documents, drivers’s license are among the struggle areas for intersex persons,
as they bear only female and male gender binaries. Therefore, it is a site for
discrimination and inequality, as intersex persons struggle to have an
appropriate gender allocated for them. The Births and Registration Act. However, the same act allows for change of
gender descriptor, on the legal document the procedure is only know by those
working in the office of Omang and it
is a ‘discretionary’ privilege.
Constitution, Bill of
rights: right to equality, non-discrimination, equal protection of the law. In
many cases, the Courts have ordered that the Constitution must be interpreted
broadly and widely, to protect human rights. Although dignity is not enshrined
in the Constitution, the case of Dow V Attorney General case, dealt with
constitutional issues of equality and non-discrimination. Hence, precedents can
be used to accelerate the rights of intersex persons in Botswana. To deny one
legal recognition and the right to in their own gender, is discriminatory.
On yesterday’s news (November 14,
2017) it was reported that Minister Tshireletso brought the motion forward in
parliament before the president in the national state address for the
protection of the intersex persons. According to the 1800hrs and 1900hrs news
on RB1 and RB2 when speaking in parliament the minister said this is because
intersex persons have rights and they are neither male nor female and are often
discriminated by the society because of their gender marker and of being
different from people of other sexes (male or female)
As the president was conducting the national state address,in her response Mma
Tshireletso said “It is time to review the constitution in order to protect
those who are intersex, as they are not male or female by birth. These people
form part of the community and they are faced with discrimination and stigma on
their daily basis”.
Rainbow Identity Association calls
upon other members of parliament to amplify the voices in support of human
rights for intersex persons especially the minister of health and the minister
of gender labor and social development.
For more information contact
Urbenia Kgware
Media Officer
3905493
Email
Skipper Mogapi
Director
3905493/72595878
