Situation of Sexual Minority People in Nepal: Definition of Minorities M No accurate and universal definition It is being defined as per the change context People who are small in number in whole population of the state A non- dominant position groups Possess ethnic, religious or linguistic characteristics different from the rest of the population

…United Nations: UDHR 1948, Preamble: Recognition of the inherent dignity, equal and inalienable rights of all members of the human family is the foundation of freedom, justice & peace in the world. UDHR – Article 1: All human beings are born free and equal in dignity and rights. UDHR- Article 3,5 & 6: Everyone has right to life, liberty, security and no one shall be subjected to torture, inhuman degrading treatment or punishment and right to recognition.

…United Nations: International Covenant on Civil & Political Rights: Article – 17: No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor unlawful attacks on his honor & reputation. Article – 26: All person are equal before the law and entitled without any discrimination to the equal protection of the law. ……… effective protection against discrimination on any ground such as race, color, SEX, language, religion, political or other opinion, national or social origin, property, birth or other status. ( Note: Nepal has domesticated this International Instrument on 14th May, 1991 and according to Nepal Treaty Act 1991 article 9.2 , it get as equal legal validity as Nepali Law.)

Yogyakarta Principles: Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity. (Note: November 6-9, 2007 at Jakarta, Indonesia had declared the Principles ) It mainly concerns with the rights of the Lesbian, Gay, Bi-sexual, transsexual and Intersex (LGBTI). ( Note: It was passed after signature by experts from different countries. Blue Diamond Society representative had singed on this declaration on Nepal's side.) Yogyakarta Principles and its additional Recommendation states that– National Human Rights Institutions Promote respect for these Principles by state and non-state actors, and integrate into their work for the promotion and protection of the human rights of persons of diverse sexual orientations or gender identities.

Supreme Court of Nepal’s Directive Order: To identify the lesbian, gay, bisexual, transsexual and inter-sex or LGBTIs and recognize them as a marginalized group. ( On December 21, 2007 the Supreme Court of Nepal issued this directive order to the state) To respect their dignified life as per their gender recognition with the issuance of third gender identity; To conduct research to figure out what kind of practices and jurisprudence has been developed in SAARC Countries and at global level and recommend the government of Nepal accordingly . Report has submitted .

Combination of perspective Study Committee for Same Sex marriage: Medical expert doctor as assigned by the Ministry of Health; Representative from National Human Right Commission; Representative of the Ministry of Law; Sociologist as assigned by the Government of Nepal; Representative of Nepal Police, who is an expert on this issue; Representative of the Ministry of Population and Environment;

Existing laws in Nepal: Interim Constitution 2063 : Fundamental Rights: Article 13 - No discrimination against any citizen in the application of general laws on the ground of religion, race, GENDER, caste, tribe, origin, language or ideological conviction or any of these. …………..But in connection with positive discrimination: Special provision for the protection, empowerment or advancement of Women, Dalits, Indigenous, ethnic tribes ……………

Problems faced by Sexual Minority (LGBTI) Communities: Refused or prohibited the presence in social activities and gatherings Gender discrimination and untouchables, inhuman & degrading treatment Boycotted form house, school and village Refused / denied the family or ancestral property Rejected marriage and any other relation in society Difficulty in getting flat / house on rent

Administrative problems faced by Sexual Minority (LGBTI) communities: Unnecessary/unusual interrogation by Police administration Procrastination to register the complaint regarding LGBTI State being hesitant to recognize LGBTI community as minority Deny to provide citizenship as per their physical status

Role of Concerned stakeholder / authority? National Human Rights Commission ? Civil society ? National and International Stake-holders? Human Rights related NGOs? INGOs? State organs (The Executive, Legislature - Parliament and Judiciary) ?

Question & Answer session: Thank You ! …… Presented by: Subarna Karmacharya Director National Human Rights Commission– Nepal.