Last week activists around the world came together on the Transgender Day of Remembrance to honour the memory of the transgender people whose lives have been lost in acts of anti-transgender violence. In the same week, Justice Francis Bere of the high court in Bulawayo delivered a scathing judgment against the Zimbabwean police that was a victory for the advancement of the rights of transgender people and Zimbabweans more broadly.
More than five years earlier, in January 2014, Nathanson met a client at a local hotel in Bulawayo to assist them with their tax returns. After refusing an extortion for money by a local politician, six armed riot police officers arrived and arrested her. The officers bundled Nathanson on to an open truck and took her to the police station in typical military style. There she was charged with criminal nuisance for using a female toilet, when “she was actually male”.
Many aspects of the decision will have far-reaching implications for the promotion and protection of human rights in Zimbabwe and beyond — at least three findings by the court contribute to the jurisprudence on the need for recognition and social inclusion of transgender persons. There are several elements to affirming one’s gender. For example, social gender affirmation refers to steps taken by the transgender person themselves to reflect their gender towards others. These can include changing their name, changing their pronouns and so on. The use of the correct pronoun of a transgender person by others is an important part of respecting a person’s identity.
The high court observed that, “The legislature in its wisdom put a cap on the arrest of suspects and the police officers are not expected to hysterically respond to calls of the arrest of suspects but satisfy themselves on reasonable grounds that the suspect has committed an offence before arresting such an individual.”
To solve this toilet debacle, it's about time to legislate for LGBT toilets in public spaces just like for disabled people.
I guess a peeping Tom can argue to be within his Human Rights to cross dress and visit the ladies just to sneak a peek.
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