I am a human rights defender and I believe that we are all created equal and deserve to be treated with dignity. I also believe that as a human rights worker, I do not choose what rights to defend and what not to give attention to.

 A few days ago, I was shocked to read that every third day, a trans person is murdered (www.feministing.com , July 22nd 2009). This is based on a report that has just been released on violence against trans people worldwide. This is just what is reported. According to the report, released by Transgender Europe (TGEU) in a collaborative project with Liminalis through their project titled 'Trans Murder Monitoring Project', " the very preliminary results of the first step of this project have revealed a total of 204 cases of reported murders of trans people worldwide in the last one and half years. 121 cases of murdered trans people have been reported in 2008. From January to June 2009 already 83 cases of murdered trans people have been reported". One case of killing is one too many! Although this research has been conducted by groups based in the North, I would not be surprised to find that some of the cases reported actually occurred in the Global South.

My shock in reading those bits and pieces of the report was that this is a bad trend in that the violations of the rights of trans and intersex persons are likely to heighten based on the cultural and religious fundamentalisms that are on the rise in countries like Kenya. The lesbian, gay, bisexual, transgender and intersex (LGBTI) people are the target of human rights violations in Kenya , which is also the case worldwide. We refuse to accord other people the right to enjoy their rights and freedoms based on misconceptions and fear that some people are courageous enough to challenge the status quo or supremacy of the male sex.   This is about  accepting sexual and gender diversities, and bodily integrity; respecting choice, understanding complex identities, protecting minorities and allowing individuals to realize theor full potential. For as long as there exists discriminative practices, certain individuals and their human rights will not thrive in our society. Or sections of our society refuse to accord others the space to thrive.

Over the last few months, there has been an increase in the number of cases of social injustices and discrimination against trans- and intersex people. In instances where the media has reported some cases of intersex persons, it has been in pointing to the cultural and social inhibitions that have led to the discrimination and the violations of the rights to education, health and security of intersex persons and/or their immediate relatives in cases where the intersex person is a minor.  Children who are intersex are reported not to be taken to school and in some instances, drop out of school due to ridicule by their peers and teachers.  Some of them have even conteplated committing suicide as they blame themselves for the wrongs projected unto them. There are reported cases of neglect on the part of parents who choose not to take their children to get medical attention when they need it for fear and shame that they will be recognized as intersex. This is a clear indication of a society that only accepts the existence of only two sexes and that a human being can either be male or female and nothing else. O course, the existence of intersex persons challnges that notion.

 Where a person makes a choice to change their sex and gender, they are also ostracized and ridiculed if not physically attacked for their choice. There are glaring policy gaps within the Kenyan health, legal and education systems in addressing the needs of both the transgender and intersex persons. For instance, early this year a transgender woman approached a doctor for gender reassignment therapy but the doctor informed her that such medical interventions were illegal in Kenya. This is misinformation that is feared-based. A few weeks later, the director of Kenyatta National Hospital canceled a surgical procedure for a Transgender woman reason been he wanted a no objection letter from the parents of the transgender woman. Efforts for the 25 year old transgender woman, to have the surgery rescheduled were thwarted by the Minister of Medical Services. Kenya’s Medical Practitioners and Dentists Board finally agreed to handle the matter but there are a few elements with the board whose religious fanaticism is marring the process. The doctors especially the psychiatrists, endocrinologists, urologists and gynecologists agree that creation of guidelines would provide a more expedite way of doing things but then activists have the role of creating awareness in Kenya’s communities so that the issue ceases to be an emotive issue to a medical issue grounded on human rights for all.

The level of ignorance on matters related to the intersex people is alarming. To make matters worse, the social environment has been hostile to intersex children and adults. Consequently, parents of intersex children have a social and psychological emergency with regard to raising these children in a society firmly fixed on the sex dichotomy: boy or girl.  In June this year, an intersex person got into a fight with his cousin because of constant taunts about his genitalia. He beat up the cousin till he was unconscious. In retaliation, the members of the public ganged up and gave him a thorough beating. They later on tied him up  and handed him to the police.

In June 2009, a transgender and intersex activist did a video interview with Ghetto Radio. The reporter did a follow up and went to collect views from the members of the public. What came out is sheer ignorance, arrogance and intolerance towards transgender and intersex concepts. All the interviewees gave what they deemed as “expert” opinions which are obviously wrought and perverted.

Violence against transgender women and intersex people is alarming. Two weeks ago, a transgender woman was attacked by members of the public along Tom Mboya Street in Nairobi. I am not sure where we expect them to go. They are human beings and the pavements and the streets that we use in our country, are for them too!

There are also cases of general harassment and humiliation of transgender persons.  In cases where someone violates their rights, the police do not intervene and even when they do, they turn the issue around and accuse the transgender persons of various petty crimes including impersonation. Two months ago, robbers invaded a home of a transgender woman. They got away with a water pump and when she reported the case some suspects were arrested. A day later, the police released the suspects and went to arrest the transgender woman because she is a “female impersonator”.

 In July 2009, Kenya Human Rights Commission sent a human rights activist to collect data on an intersex child in Kisii whose father was distressed by the amount of hostility his child was been subjected to by members of the public. The interview with the father and the six year old child was shocking. Despite the child’s condition, the father had no information on the condition of his child and had subjected the child to a number of surgical procedures that rendered the child incapable of controlling urine flow. The child aspires to be a pilot but its worth noting he faced so much hostility in school he had to drop out. We have to let his dream of becoming a pilot come true- by being more tolerant of differences and diversities.