Staff Reporter
HARARE, – Government has initiated a process to address legal and policy gaps affecting intersex persons, with consultations now underway to develop a framework that promotes equal access to public services while safeguarding their rights and dignity.
Intersex refers to people who are born with natural biological sex characteristics, including chromosomes, hormones, reproductive organs or genitalia, that do not fit the typical medical definitions of exclusively male or female. It is a naturally occurring biological variation and is distinct from a person’s gender identity or sexual orientation.
The development emerged during a stakeholders’ breakfast meeting in Harare on Wednesday, convened by the Ministry of Justice, Legal and Parliamentary Affairs.
The meeting brought together Cabinet ministers, senior Government officials, development partners, civil society organisations, health experts and representatives of the intersex community to deliberate on findings from nationwide consultations conducted by the Law Development Commission with support from the United Nations Development Programme (UNDP).
Officially opening the meeting, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said the consultations were prompted by a court challenge that exposed gaps in the country’s legal framework.
“We received a court challenge regarding this issue and, after referring it to the Attorney-General, we resolved as a ministry that comprehensive research was necessary,” he said.
“You will recall that our Constitution recognises only two sexes, male and female. When it became apparent that there were challenges within the current legal structure, we tasked the Law Development Commission, with support from UNDP, to undertake research.”
Minister Ziyambi said Government was adopting a consultative approach to ensure that any policy proposals would be informed by expert opinion and broad stakeholder participation.
“We want experts to feed into the process so that we can have a whole-of-Government and whole-of-society approach to the policy that we will eventually propose to Government. This is work in progress and the contributions we have received will assist us in coming up with practical measures to address these challenges,” he said.
The consultations established that Zimbabwe’s current legal documentation system only recognises binary sex markers, creating difficulties for some intersex persons in obtaining birth certificates, national identity documents and other official records.
The findings further indicated that the absence of legal recognition can affect access to education, healthcare, employment, banking services and voter registration, while concerns were also raised over limited public awareness and the need for stronger safeguards in healthcare settings.
Public Service, Labour and Social Welfare Minister Edgar Moyo said the consultations had highlighted issues that had remained largely overlooked.
“It is a very important meeting because it has exposed issues that many people were not aware of. There are clear gaps in our statutes and we need to review the law to ensure that no one is disadvantaged because of circumstances beyond their control,” he said.
Minister Moyo said Government will also intensify awareness programmes to improve public understanding of intersex issues and review policies under his ministry to ensure social protection and child welfare systems adequately cater for affected individuals.
He said the testimonies presented during the meeting underscored the need for legislative reforms and improved service delivery across both public and private institutions.
Among those who attended the meeting were Health and Child Care Minister Dr Douglas Mombeshora, Deputy Justice, Legal and Parliamentary Affairs Minister Nobert Mazungunye, Women Affairs, Community, Small and Medium Enterprises Development Permanent Secretary Dr Mavis Sibanda, senior Government officials and representatives of development partners.
