Landmark Strategy Meeting Paves the Way for Legal Recognition of Intersex Children in Zimbabwe

The intersex individuals and the parents of intersex children, flanked by the lawyers(Bongani on the left and Arnold on the right), posing for a group photo at the Strategy Meeting for Constitutional Court Case on Intersex Children, 25 June 2025, Harare.

In a push for legal recognition and protection of intersex individuals in Zimbabwe, the Health Law and Policy Consortium (HLPC) on 24 June 2025, convened a landmark strategy meeting at the Crowne Plaza Hotel in Harare. The meeting, which brought together lawyers, human rights activists, parents, and intersex individuals, set the stage for a Constitutional Court challenge aimed at ending the legal and societal discrimination faced by intersex children.

The meeting was attended by renowned human rights lawyer Arnold Tsunga and Bongani Bamu of Tsunga and Bamu Law International. The two led deliberations on developing a strong legal case that confronts systemic neglect and calls for the recognition of intersex persons under Zimbabwean law.

Screening of the documentary, Identity in Crisis, during the Strategy Meeting for Constitutional Court Case on Intersex Children, 25 June 2025, Harare

The day began with the screening of HLPC’s documentary, Identity in Crisis, which HLPC is using as an advocacy tool for the rights of Intersex individuals in Zimbabwe. The documentary moved many participants to tears as it laid bare the lived experiences of those born with intersex traits, often marked by confusion, secrecy, and deep psychological trauma.

“We live in fear and shame because society says we do not exist,” said Tendai Munyaka (not their real name), a 21-year-old intersex individual who shared their story during the meeting. “At school, I was bullied, and I ended up dropping out of school. At clinics, they do not know where to place me. And even now, my ID says I am female, but I have never really felt fully either male or female.”

Zimbabwean law currently does not recognise intersex as a gender marker, forcing individuals to conform to binary gender categories at birth, often through irreversible surgical procedures or inaccurate documentation. This legal gap, according to Tsunga, is at the heart of the discrimination faced by intersex persons. “We are confronting a vacuum that has denied an entire group of people their identity, their dignity, and their right to legal recognition,” he said. “This is not just a legal issue. It is a human rights crisis.”

Parents of intersex children also spoke out about the trauma and isolation they face. Mrs Kadungure from Buhera, whose 2-year-old child was born with ambiguous genitalia, described the stigma that followed her from the delivery ward. “My husband said, ‘This child is cursed,” she recalled, wiping away tears. “He thinks this is pure evil from my family and insists I fix the child, or I should return to my family. This hurts me every day, but I am hopeful our intersex children’s rights will be recognised. This meeting gives me hope. I have begun to talk about intersex children in my community, raising awareness so that others know intersex people deserve recognition and equal opportunities,” she added.

Many parents reported being pressured into early surgeries for their children, often without a full understanding of the long-term physical and psychological effects. Others said their children were denied birth certificates or access to education due to inconsistent or unclear gender markers.

Arnold Tsunga, the Principal Managing Partner of the Tsunga Bamu Law International, shares preliminary findings from the interviews conducted with intersex individuals and parents of intersex individuals during the Strategy Meeting for the Constitutional Court Case on Intersex Children, 25 June 2025, Harare.  

Throughout the meeting, legal experts stressed the need for credible evidence to support the case, including medical documentation, personal narratives, and expert opinions. The participants agreed to pursue a mandamus order from the Constitutional Court, essentially compelling the state to create legal recognition and protections for intersex individuals.

“Birth certificates in Zimbabwe are still gendered in blue or pink,” said Mrs Pasipanodya from Hwange. “That seems like a small thing, but it is a symbol of how the system refuses to acknowledge anyone who does not fit neatly into those categories.” She emphasised that we should return to when the cards given at birth were yellow and did not depict gender differences.

In his closing remarks, Tsunga presented findings from preliminary interviews conducted with intersex individuals and their families. The conclusion arrived at was that, without legal recognition, intersex persons are left without access to proper identity documents, healthcare, and fundamental protections under the law.“This silence and invisibility must end,” said Tsunga. “We are building a case not just for the court, but for the conscience of the nation.”

As the meeting concluded, urgency and collective resolve filled the room. Parents, activists and legal strategists are committed to advancing the case in the coming months, hoping it will set a precedent for greater inclusion and equality.

For intersex people like Kutenda, the stakes are deeply personal. “We don’t want special treatment,” they said. “We just want to live fully and freely as who we are.”

To safeguard the rights of the intersex minors, pseudonyms have been applied