TRANSPHOBIC NATION Transgender persons in Botswana still battle discrimination
Rainbow Identity Association, a non-profit making organisation based in Gaborone, is urging the society to accept transgender people. This is an association of transgender and intersex people, transgender women, transgender men, gender queer, gender non-and transsexuals and intersex people.
The organisation aims at exploring ways of challenging transphobic laws and transphobia in Botswana, thereby advocating for the human rights of transgender and intersex persons.
It is the only organisation in Botswana that specifically advocates for the human rights of transgender and intersex persons.
In an interview with The Midweek Sun, Rainbow Identity Association, Project Coordinator, Max Mabaka explained that a transgender person is someone whose gender identity differs from the sex they were assigned at birth, adding that ‘transgender’ is actually just an umbrella term.
“A transman is someone who was born a woman but identifies themselves as male and transwoman is someone born male and identifies as female. Once the law recognises transgender, this will enable service providers to serve transgender people without discrimination or stigma. They will also not feel ashamed to seek services,” Mabaka said, adding that access to medical help is often hampered by discrimination by judgemental staff at medical facilities.
According to Mabaka, because of the country’s failure to recognise these realities, Botswana does not offer gender reassignment surgery. It is hormone therapy that is available at government hospitals but it is usually at the discretion of medical staff, who often have transphobic views.
He added that some doctors and nurses believe that being transgender is a lifestyle choice rather than an intrinsic part of a person’s gender identity, which often leads to transgender persons having to undergo invasive tests before they can access hormone therapy.
But Dr Christopher Nyanga, Chief Public Relations Officer at the Ministry of Health, denies this assertion, saying they have facilities in areas such as Kasane and Selibe Phikwe that cater for transgender people. Dr Nyanga said these facilities are designed in such a way that the atmosphere is welcoming and suited to meet the needs of transgender people. “They are well assisted,” he said.
However, there is no specific law that allows transgender persons in Botswana to change the gender marker in their identity documents or passports.
There are only provisions in the National Registration Act 26 of 1986, that could be used by transgender persons to change the sex description in their identity document.
Section 17 of the National Registration
Act allows a person to update their photograph in their identity card.
Sections 17(1) and 17(2) state that: “(1) Every registered person may, whenever he is satisfied that his personal appearance has changed so as to make it likely that his identity as certified by the identity card may be questioned, apply to the registrar of the area in which he is registered for the issue of a new card with a more recent photograph and shall, when issued with a new identity card by the Registrar of National Registration, surrender his existing identity card to the registrar to be
cancelled and destroyed.
(2) The registrar of the area in which the person is registered and the Registrar of National Registration shall cause the changes to be recorded in the relevant registers.”
Mabaka urged parents who raise trans children to accept their children as they are so that they are not depressed and end up committing suicide. He noted that if parents could stop name shaming their children, telling them that they are demons, this could assure children that they are accepted the way they are.