Background
The Intersex Persons Committee of Kenya (IPICC) held its third statutory meeting at the Sarova Panafric Hotel in Nairobi on Wednesday, March 24th, 2023. The meeting, chaired by Cmmr. Dr. Dennis Wamalwa, was attended by all members of the committee except for three who sent their apologies. The main agenda of the meeting was to prepare for public participation on the Intersex Persons Bill 2023.
Confirmation of Minutes from Previous Meetings
The meeting started by confirming the minutes of the last two meetings held at the Lake Naivasha Resort and Sarova Panafric Hotel. The minutes were approved by all members present, and any issues arising were addressed.
Final Draft of Intersex Persons Bill 2023
The committee then discussed the final draft of the Intersex Persons Bill 2023, which is now ready for public participation. James Nombi, the committee’s legal advisor, took members through the draft of the bill, and members proposed a raft of changes to be made to set the pace for validation, adoption, and public participation. Some members suggested cross-referencing the bill with existing legislation, such as the Children Act 2022 and the Persons with Disabilities Act, to guide its implementation. The motion to adopt the bill with proposed comments was raised by Veronica Mwangi, seconded by Julia Ouko, and approved by all members.
Budget for Public Participation
The committee also discussed its budget for public participation on the Intersex Persons Bill 2023. Members agreed to allocate a significant amount of money to publicize the bill and engage with stakeholders, both state and non-state actors. The committee will use various modes of engagement, including physical meetings, emails, newspaper adverts, workshops, and targeted calls for input or virtual meetings.
Contents of the intersex Persons Bill, 2023
- The Bill seeks to promote and protect the rights of intersex persons in Kenya.
- It defines intersex as a natural variation in sex characteristics, including genitalia, chromosomes, and hormones, that does not fit typical male or female classifications.
- It prohibits discrimination against intersex persons in areas such as education, healthcare, employment, and access to public services.
- It requires the government to provide intersex persons with appropriate healthcare, including access to necessary medical interventions and psychological support.
- It establishes a legal framework for the recognition of intersex persons’ gender identity, including the right to change their legal gender marker.
- It mandates the government to undertake awareness-raising and sensitization programs on intersex issues, including training for healthcare providers and educators.
- It establishes penalties for violations of intersex persons’ rights and outlines procedures for filing complaints and seeking redress.
IPICC Secretariat’s Work in Phase 7 and 8
Finally, the committee reviewed the work done by the IPICC Secretariat in phase 7 and 8. The secretariat had been tasked with various activities, including stakeholder mapping, awareness creation, and media engagement. The committee commended the secretariat for the progress made and urged them to continue with the good work.
Conclusion
In conclusion, the third statutory meeting of IPICC was a success, with members discussing crucial issues that will shape public participation on the Intersex Persons Bill 2023. The committee has shown commitment and dedication to ensuring that the rights of intersex persons in Kenya are protected and that they are included in all spheres of life. The next step for IPICC is to finalize its action plan for stakeholder engagement and public participation and work towards the adoption of the bill.