June 23 2008

Like many marginalized and voiceless Nepali people, homosexuals and third genders fought against autocracy and took to the streets for democracy during the 2nd people's popular movement in Nepal in 2006. Now democracy has prevailed in Nepal and Nepal has become a Federal Democratic Republic but many homosexuals (person attracted to same gender) still remain without any rights and many third genders (persons different than man and women) are either compelled to carry a wrong citizenship ID or are denied any recognition as citizens of Nepal at all.

Many sexual and gender minorities still face violence, abuse and rape. Many sexual and gender minorities are excluded from education, employment and health care. There is not a single overt sexual or gender minority person that holds any government position and when found that any person is of a sexual/gender minority, the person is immediately expelled from the job. An example of this is last year when Bhakti Shah was fired from the Nepal Army for being sexual/gender minority after serving with full responsibility for 4 years as physical training officer in
Nepal Army training center, Kharipati, Bhaktapur.

In the past 8 years many sexual and gender minority communities throughout Nepal have started organizing themselves for equal rights, social justice and recognition as equal citizens of Nepal. Blue Diamond Society, believing in a peaceful struggle, filed the writ petition against the government in April 2007. In 21 December 2007 Supreme Court of Nepal made historic decision ordering the Government of Nepal to recognize third gender according to their gender identity and protect sexual and gender minority rights as natural persons. But the current government, which enjoys the power because of the many marginalized people who risked their lives and/or were killed during the 2nd people's popular movement, is not paying any attention to the most marginalized and voiceless community of sexual and gender minorities. Rather the government continues ridiculing our dignity, true identity and rights.

Sexual and Gender Minorities applied for true citizenship ID personally in many CDO offices and Blue Diamond Society has also issued direct request to the Home Ministry to make the law so that third genders can get their Citizenship ID according to their gender identity, but there has been no response to date. Just two weeks ago sexual and gender minorities launched a hunger strike demanding their Citizenship ID. The hunger strike was postponed for a period of one month after hearing (a promise to support us) from the Home Minister through his special envoy, Prhalad Giri. Now Rina Tamang; a third gender (who was born as a female 25 years ago in Sunsari District), applied for her citizenship ID and requested to be issued ID as a Third Gender; denied and forced to take citizenship ID identified as a MAN. (See image below.)

In many districts many third genders are denied Citizenship ID as the officer tells us: "We can only issue Citizenship ID to men and women and you are neither man nor woman but third genders and we have no authority from the home ministry to issue citizenship ID to third genders". As a result many third genders remain without any recognition as a citizen of Nepal.

This kind of discrimination from the state against third genders is shameful, where, with due process, even foreigners are issued Citizenship ID but our own third genders are denied of Citizenship. We denounce the government continuously ridiculing Nepali third genders and demand immediate policy formulation so that third genders are no longer denied their Citizenship ID.

In Solidarity

Sunil Pant
Constituent Assembly Member of Nepal