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Nepal:
Social Life - Sexual Minorities |
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Gays
and Lesbians in Nepal |
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Nepal
court rules on gay rights |
December
2007
A
Supreme Court of Nepal issued directive orders to the Government of Nepal
to end discrimination against LGBTI and ensure equal rights as heterosexual
men and women in Nepal.Four LGBTI organizations including Blue Diamond
Society had filed a writ petition in last April 2007(05/01/2064) demanding
to defend and protect equal rights of lesbian, gay, bisexual, transgender
and intersexed (LGBTI) people of Nepal. After having heard 3 times over
the last few months, Supreme Court of Nepal has recognized LGBTIs today
as natural persons. It is believed that LGBTI will enjoy, today onward,
all the rights according their sexual and gender identities as other genders
enshrined by the Constitution of Nepal and human rights conventions in
which Nepal is a State Party. The Court issued directive orders to Nepal
government to ensure rights to life according to their own identities and
introduce laws providing equal rights to LGBTIs and amend all the discriminatory
laws against LGBTI's rights as well.
On
the issue of same sex marriage, The Court has also issued directive order
to form a 7 member committee (Doctor appointed by Health Ministry, one
representative from National Human rights commission, law Ministry, socialist
appointed by government of Nepal, representative from Nepal police, representative
from Ministry of population and environment and one advocate as a representative
from the LGBTI community) to conduct study about the other countries' /
international practice on the same sex marriage. Based on the 7 member
committee recommendation government will make appropriate law.
We,
all LGBTI Nepalese, are extremely happy and proud on Supreme Court whose
decision is extremely progressive on such a difficult issue for our society,
especially on the matter of gender identity to the possible extinct. This
is the first time ever any Supreme Court has spoken such a positive manner
on gender identity issues ever on the world. We salute our honorable judges
Balaram KC and Pawan Kumar Ojha.We would like to express our sincere gratitude
to all friends, leaders, media, civil society, international support, political
parties, OHCHR, ICJ, National Human Rights commission, Human Rights Watch,
FWLD, Front Line Defenders, ILGHRC, Lawyers Collective, Alternative law
forum, NFI, Outrageous, ARC international and our lawyers (Hari Phunyal-
ICJ, Rup Narayan Shrestha- FWLD, Hari Upreti, Bhuvan Niraula, Sarmila Dhakal,
Prem Rai-ICJ, Chandra Kanta Gaywanli). I also salute our LGBTI communities
who have fought for years and stood for these rights even in difficult
times and situation, without whose collective struggle it would have never
been possible.
We
would like to express our hearty thanks to our donors, LLH/Norad, HIVOS,
Dutch Embassy, Astraea Foundation, Sigrid Rausing Trust, CCOs, Sidaction,
Elton John Aids Foundation, FHI, PSI, DFID, Global Fund for Women, Mama
Cash, Urgent Action Fund, and Butlars County and many more.
In
solidarity
Sunil
B Pant
Blue
Diamond Society
Source:
Blue Diamond Society
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Nepal:
Gays and Lesbians under Pressure |
August
2004
A
New York-based human rights group has urged the Nepalese authorities immediately
to release a group of gays and transsexuals arrested recently. They were
arrested for creating disturbances in public places in the capital, Kathmandu.
Human Rights Watch say that they have been held without charge. The arrested
men an women were all members of the Blue Diamond Society (BDS),
an organisation that provides HIV-prevention services and campaigns for
the rights of sexual minorities.It has accused the authorities of intimidating
sexual minorities and has called for an investigation into allegations
of violence against them. Gays and transgender people were arrested following
complaints about sexual assaults against pedestrians during the night.
In trying to stifle the voices of sexual minorities, Nepal demonstrates
its indifference to basic rights of expression and assembly. The police
said the detainees were being charged under a public offence act. Human
Rights Watch say that while there is no provision in Nepalese law that
explicitly criminalizes homosexual conduct, the country's civil code punishes
"any kind of unnatural sex" with up to one year in prison. The group says
that this provision has been used to justify arrests of men who have sex
with men and transgender people.
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Nepal:
Sexual Rights Group at Risk of Closure |
August
2004
Human
right Watch published a statement:
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"The
Nepalese government should respond to a threatened judicial ban on an organisation
that defends lesbian, gay, bisexual and transgender people's rights by
affirming the freedoms of association and expression, Human Rights Watch
said today in a letter to the Nepalese authorities.
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In
trying to stifle the voices of sexual minorities, Nepal demonstrates its
indifference to basic rights of expression and assembly. In trying to silence
those who Publication police abuse, the Nepalese government shows its determination
to punish the messenger.
Scott
Long, Director of the Lesbian, Gay, Bisexual and Transgender Rights Program
at Human Rights Watch.
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Letter
to the Minister of Home Affairs |
July
23, 2004
Human
right Watch published a a news letter:
Contribute
to Human Rights Watch
On
June 18, a private lawyer petitioned the Nepalese Supreme Court to shut
down the Blue Diamond Society, a nongovernmental organisation working in
the areas of sexual health and human rights. The petition accused the group
of trying to "make homosexual activities legal," and demanded it be banned
because homosexual conduct is criminalized in Nepal.
In
response to the petition, the Supreme Court gave the Ministry of Home Affairs
until July 27 to show why "open homosexual activities" should not be banned
in Nepal. Pointing to recent allegations of police abuse in Nepal based
on sexual orientation and gender identity, Human Rights Watch urged the
ministry to confirm its commitment to protecting human rights without discrimination.
| "In
trying to stifle the voices of sexual minorities, Nepal demonstrates its
indifference to basic rights of expression and assembly," said Scott Long,
Director of the Lesbian, Gay, Bisexual and Transgender Rights Program at
Human Rights Watch. "In trying to silence those who Publication police abuse,
the Nepalese government shows its determination to punish the messenger." |
While
there is no provision in Nepalese law that explicitly criminalizes homosexual
conduct, Part 4, Chapter 16 of Nepal's civil code (Muluki Ain) punishes
"any kind of unnatural sex" with up to one year in prison. This provision
has been used to justify arrests of men who have sex with men and transgender
people.
The
Blue Diamond Society provides peer support and HIV/AIDS education for lesbians,
gays, metis (transgender persons) and men who have sex with men. The organisation
also engages in public education campaigns about sexuality and human rights.
It has repeatedly filed official complaints over police abuse of the communities
it supports.
Most
recently, on July 5, the Blue Diamond Society organized a demonstration
in the capital Kathmandu to protest recent incidents of violence, including
sexual abuse, against metis and men who have sex with men. As a group of
approximately 50 demonstrators tried to march peacefully from the Bhadrakhali
Temple toward Singha Durbar to present a petition to Prime Minister Sher
Bahadur Deuba, police reportedly dispersed the group violently, beating
several of the protesters.
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