Commentary & Followup:

Commentary: Muditambi Ravele, acting president of the South-African Women and Sports Federation

September 2009

Caster Semenya should be basking in the glory of her 800 meters world gold medal in Berlin. Instead, 2009 looks set to be an annus horribilis year for the talented South African athlete.

After a flood of media reports world wide questioning her sexuality, the 800 and 1500 meter African Junior Championship title holder’s family has had to grapple with the freshest allegations - that an International Athletics Association Federation (IAAF) medical probe has found the runner to be technically hermaphrodite!

Most pundits agree that IAAF handled the controversy poorly and contravened Semenya’s confidentiality by talking openly about her medical records. But that’s where the concurrence seems to end. Thereafter, the issue is clouded by leaks, unsubstantiated allegations, accusations of opportunism levelled at South Africa’s politicians after they publicly backed Semenya and finger pointing at both the IAAF & national federation Athletics South Africa (ASA) for being frugal with the truth – whatever that may be.

The Semenya debacle has proved once again that the sensitive practise of gender testing will continue to be a thorny issue. This is despite the International Olympic Committee World Conference on Women and Health passing a resolution to stop gender verification in 1996 and the IAAF ceasing the practise in 1992, but retaining the option to assess a participant’s gender should suspicions arise.

South African parliamentarian Vytjie Mentor has sought to protect local athletes from the test. She has submitted two private members’ legislative proposals that seek to amend two laws - the Commission on Gender Equality Act No 39 of 1996 and Human Rights Commission Act No 54 of 1994. The proposals aim to empower South Africa’s Commission for Gender Equality and Human Rights Commission to actively champion the gender and human rights of all locals when their rights are violated in the country and internationally.

The issue of gender testing has to be opened up again for debate within IWG, WomenSport International, the IOC Women and Sport Commission and United Nations office of the Special Advisor on Gender Issues and Advancement of Women (OSAGI). A memorandum must also be signed to force the IOC and international sports federations to scrap gender testing indefinitely.

Followup - Johanna Adriaanse, Chair, International Working Group (IWG)

October 2009

“Brutal trial by media and insensitive management by the International Association of Athletics Federations (IAAF) is my view of how S-African athlete Caster Semenya has been treated in recent weeks. A heroine in sport who instead of celebrating her great victory in the 800 metres at the World Championships in Berlin, was subjected to confronting questions about her gender. I feel empathy for the athlete first of all but also for her family, in particular her mother.

Crisis does however lead to change. One positive that may come out of this case is the urgent need to rethink the concept of gender and the inclusion of so-called intersex athletes in sport. Gender may no longer be divided into two distinct categories, not even into three! May I recommend that you read Ntambi Ravele’s statement above. Ntambi is the Acting President of the South-African Women and Sport Federation.”

Johanna Adriaanse, Chair
International Working Group (IWG)

Protecting the athlete:

The IOC Olympic Movement Medical Code, adopted by the IOC Executive Board in Lausanne on 27 October 2005, is explicit in requiring confidentiality of medical information to protect an athlete’s privacy. Relevant sections are listed below. The entire Code may be accessed at http://www.olympic.org/Documents/medical_code_en.pdf

10.1. The Code is intended to apply to all the members of the Olympic Movement, in particular the IOC, the International Sports Federations and the National Olympic Committees……..

1.1. Athletes are entitled to the same fundamental rights as all patients in their relationships with physicians and health care providers, in particular the right to respect for:
a. their human dignity;
b. their physical and mental integrity;
c. the protection of their health and safety;
d. their self-determination; and
e. their privacy and confidentiality.

4.1. All information about an athlete’s health status, diagnosis, prognosis, treatment, rehabilitation measures and all other personal information must be kept confidential, even after the death of the athlete.

4.2. Confidential information may be disclosed only if the athlete gives explicit consent thereto, or if the law expressly provides for this.

4.3. All identifiable medical data on athletes must be protected.

5.5. Athletes have the right to be treated with dignity in relation to their diagnosis, treatment, care and rehabilitation, in accordance with their culture, tradition and values.

Caster Semenya received none of these protections nor, as far as we know, has she received an apology from the IAAF for this breach of confidentiality. Instead she has become an object of conjecture, suspicion, and ridicule in the media. The effect on Ms Senenya of this unforgiveable disclosure of confidential medical data has been devastating.

According to the IAAF a fax containing confidential information was sent to the wrong address. Really? Who received that fax and what did they do with that confidential information? Who was responsible for the media learning that Ms Semenya had high levels of testosterone? Who provided the media with the information that led to the “hermaphrodite’ label? Will the individual(s) responsible be censured, dismissed, or otherwise disciplined? What action has the IAAF taken to ensure that no other athlete will have to endure public humiliation as a result of a failure to follow the Olympic Movement Medical Code?

This episode makes it quite clear that misconceptions abound about the biology of sex. Although it will not undo the damage done to Caster Semenya, the Executive Committee of WomenSport International recommends that the IOC Medical Commission convene a Consensus Conference for the purpose of identifying biological sexual variations that may affect athletic performance and determining which variations, if any, confer an unfair advantage in competition.

WomenSport International
P.O. Box 743
Vashon, WA
USA