Staff Reporter
Lesotho was thrown into a frenzy this week when plans by two Members of Parliament (MPs) to propose amendments to the Children’s Protection and Welfare law to protect intersex children against coerced medical procedures came to light.
According to the National Assembly’s order paper for Monday, Lesotho Congress for Democracy (LCD) legislator, Mamello Phooko, was set to move that the following clause be added to the law: “ensure that transgender and intersex children are allowed gender affirmation medical procedures and healthcare with their consent, and their legal documents be changed to align with their new gender identity.”
The order paper further showed that the ruling Revolution for Prosperity (RFP) lawmaker, Itumeleng Rantšo, would also move that the following clause be incorporated in the legislation: “performing coerced medical interventions related to the intersex characteristics on a child at birth until they have medical confirmation.”
When news of these proposals reached social media over the weekend, a storm of controversy ensued.
Many accused the MPs of pushing foreign concepts into Lesotho, alleging that they were promoting laws that would allow minors to undergo life-changing medical procedures at will.
However, some individuals who thoroughly read the proposed amendments recognised that the intent was to protect intersex children from unnecessary medical procedures, allowing them to make such decisions only after reaching the age of majority, should they deem it necessary.
The MPs withdrew their proposed amendments, albeit briefly, before Parliament could discuss them.
These unsettling developments prompted the Southern Africa Alliance on Youth Employment – Lesotho Chapter (SAAYE) to issue a statement on Tuesday.
“In light of recent events, SAAYE urges the public and media to provide Hon. Phooko the opportunity to clarify her proposed motion, which was intended to serve the best interests of our nation,” Tšepo Masupha, National Coordinator of SAAYE, said in the statement.
“Due to misinformation and misrepresentation on social media, Hon. Phooko felt compelled to withdraw her motion before the National Assembly. This outcome is a disservice not only to her as a representative but also to the democratic process and the citizens who would benefit from her proposal,” Masupha added.
He emphasised the importance of open, honest, and respectful dialogue for the functioning of democracy. SAAYE called upon the media and the public to allow Phooko to present her case fully and transparently.
“It is crucial that our representatives can engage with their constituents and present their ideas without fear of distortion or backlash. We trust that when given a fair chance, Hon. Phooko will provide clarity and insight into her proposal, demonstrating its value to the nation,” he said.
“SAAYE stands firmly behind the principles of free speech, fair representation, and the importance of understanding and addressing the issues that affect our society,” he concluded.
The controversy brought to mind a news report from September 2022, before Phooko and Rantšo were MPs. Newsday reported that performing genital reshaping surgery on intersex children at birth or soon after was harmful, according to intersex advocates.
Intersex advocates champion the rights of intersex persons and raise awareness and recognition of intersex issues and rights. They also lobby and advocate for inclusion and an end to genital mutilation.
A person has an intersex condition, or difference of sexual development (DSD), if they are born with a body that is different from what most people expect for a male or female child. Such anomalies can include atypical genitals, chromosomes, or internal sex organs.
Speaking at a sensitisation meeting in Botha Bothe in September 2022, ‘Mamoliehi Lenyeta from the AME Church revealed that, in the past, children born with a combination of male and female biological traits were sometimes killed when women delivered at home.
Elders would claim the child was stillborn to cover up the act.
This shocking claim was reiterated by Tampose Mothopeng, Executive Director of the People’s Matrix Association, who confirmed that many intersex infants were killed and declared stillborn to avoid stigma and discrimination.
The stigma and shame surrounding intersex people persist in Lesotho, placing immense pressure on parents to make irreversible decisions about their child’s body.
The proposed amendments aimed to prohibit such coerced decisions, ensuring that intersex children could make informed choices about their bodies when they reached adulthood.
