Situation Analysis of LBTI in Nepal 2020

LBTI is an initial that stands for lesbian, bisexual, transgender and intersex. These initials have been adopted by majority of sexuality and gender based identity community to emphasize the diversity of sexuality and gender identity based cultures. The discrimination and the violence based on sexual orientation and gender identity is rampant as the misguided perception of the gender and sexual orientation confined only to heterogeneity. The discrimination results in many issues for LBTI community exploiting their human rights and dignity and facing different forms of violence.

The most common reality for LBTI is they are commonly targeted, harassed, and punished for their sexual orientation. Most of the LBTI are often subjected to police harassment, extortion, arrests, unreported and arbitrary detention. Most of the community members have been detained in hospitals and forced to receive treatment against their will. LBTI are also suffering from domestic violence, wrong tradition and cultural malpractices. Some awful examples of violence are: sex corrective treatment, forceful marriage to opposite sex, rape to correct the identity, sexual violence, trafficking & forced prostitution, sexual harassment, suicide, killings, and domestic violence, still prevailed. They are still accused in the name of sin. Several researches in Nepal have reported that LBTI have endured verbal abuse, emotional abuse and physical abuse where perpetrators were close family members.

Violence against LBTI is happening day by day but the government and Parallel Report on B+ 25: Mitini Nepal 8 the other civil society members are doing their best however there is much to work and control the forms of violence against LBTI. The issue of LGBTI persons rights is often discussed in the framework of The Universal Declaration of Human Rights, Adopted by the UN General Assembly Resolution 217A(III) of 10 December 1948. UDHR which proclaims the “inherent dignity and… the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world. Similarly Nepal’s constitution has recognized LGBT community.

Legally our country has decriminalized same-sex relationships and introducing new laws strengthening the community which is commendable, however there are still many legal constraints forbidding the LBT community dignified life. In June 2011, the Human Rights Council adopted resolution 17/19 which is the first United Nations resolution on sexual orientation and gender identity – expressing “grave concern” at violence and discrimination against individuals based on their sexual orientation and gender identity. Its adoption paved the way for the first official United Nations report on the issue prepared by the Office of the High Commissioner for Human Rights. Likely, the report of OHCHR on 15th December, 2011 documenting the patterns of human rights violations against LGBTI community also demanded response.

The GoN has accepted the recommendations made by the UPR committee, also the CEDAW recommendation 2018 also had referred to the way forwards on the issues of sexual orientation and gender identity.LBT in Nepal are witnessing changes through development initiatives but the social security, affirmative action, participation, income generation, decision-making, access to policy making, and enjoying human rights is still out of reach.

There is however a lot of work to be done in terms of furthering the rights of LBTI people if we compare it to what the global movement for LBTI struggle has achieved. One of the biggest leap forward for the LBTI movement was when the World Health Organization was able to cancel this notion that homosexuality is a mental health disease in 1990. Countries like the USA and the strong movements there have been able to legalize same sex marriage, have Queer representatives at the Congress level, have access to free sex-change surgeries, access to free hormones and has also managed to produce health workers who are trained in more gender inclusive practices. The government of California has made gender neutral restrooms mandatory in public spaces because of the strong organizing of queer communities. Parallel Report on B+ 25: Mitini Nepal 9 ACHIEVEMENT