SUMMARY

For the past three years, Blue Diamond Society, a human rights advocacy and support group for men who have sex with men (MSM) in Nepal, has documented and reported incidents of police brutality and attacks by individuals against those whose sexual and gender identity and expression do not conform to social norms. On June 1, 2004, a particularly violent rape and assault of two Metis (a term used to refer to "cross-dressing" males) by two men resulted in the first formal filing of such an incident with the police. On July 5, 2004, in response to this repeated pattern of violence against Metis and all sexual minorities, Blue Diamond Society organized a peaceful rally to express community concern and frustration, and to present a list of demands. However, this demonstration was met with even more by the police.

IGLHRC joins Blue Diamond Society in demanding an immediate end to this epidemic of police abuse and all acts of violence against these groups; thorough and impartial investigations of all reported incidences of police abuse against these groups; and sensitivity trainings for police regarding issues of sexual orientation and expression and gender identity and expression.

ACTION

Please send urgent messages, faxes, or letters of protest to the following addresses. A model letter is provided below.

Rt. Hon. Nayan Bahadur Khatri
Chairman

National Human Rights Commission of Nepal
Harihar Bhavan, Pulchwok
Lalitpur, G.P.O. Box 9182
Kathmandu
Nepal
Fax: +977-1-552-5659
E-mail: nhrc@nhrc-nepal.org

Ministry of Law, Justice, and Parliamentary Affairs

Singha Durbar
Kathmandu
Nepal
Phone: +977-1-222847, 226230
Fax: +977-1-422-0684

Inspector General of Police

Police Headquarters
G.P.O. Box 407
Naxal
Kathmandu
Nepal
Fax: + 977-1-441-5594
Email: info@nepalpolice.gov.np

Amnesty International Nepal

P. O. Box 135, Bagbazar
Kathmandu
Nepal
Fax: +977-1-422-5489
E-mail: ain@ccsl.com.np

Please send copies of letters to:

Sunil Pant, Executive Director
Blue Diamond Society

GPO Box 8975, EPC No: 5119
Kathmandu
Nepal
Ph: +977-1-4443350
Fax: +977-1-4438600
E-mail: cspsb@yahoo.com

BACKGROUND INFORMATION

From Blue Diamond Society:

On July 5, 2004, a peaceful protest, reportedly attended by 80 persons, took place at 4:30 pm at the BhadraKali Temple in Kathmandu. Participants used the opportunity to present a list of demands to the Nepali Government, especially to the Police, to take stronger measures to end human rights violations against sexual minorities. The list of demands was as follows:

• We demand the immediate end of sexual oppression and assault against sexual minorities from the police and the society
• We demand the thorough investigation of all the violence against sexual minorities from police and the other parties and bring the perpetrators to the justice.
• We demand the immediate end of the sexual oppressing and degrading behavior to all kinds of sex workers.
• We demand immediate de-criminalization of sexual minorities and secure our equal rights as other human being is our society
• We demand immediate end of condom violence by the police and the entertainment business owners.
• We demand the immediate change on the constitution to recognize the existence of Nepalese sexual minorities.

According to reports, police rushed the peaceful demonstrators, beating the protestors and dispersing the crowd.

The latest incidents indicate that the law enforcement agencies, including the police and army, enjoy impunity by targeting and oppressing anyone who expresses their sexual orientation or gender identity.

On July 3, at 11 pm in Jamal, 7 Metis (Suntali, Nepti, Kali and others) members of Blue Diamond Society, while walking along the road to go to Disco for Fun and Some of them to make money to support their family and survive themselves, were abused by the police patrolling by their mini truck by saying "Hijras, Chakkas, you all should be killed, dirty animal you have anal sex and oral sex, do this to us also." But the Metis didn’t react knowing that the police would beat them or take their money or force them to have sex if they said anything in response. But after 5 minutes the police mini truck approached them again and started to ridicule them. But this time the police stopped the truck, got out and started beating the Metis. About 25-30 policemen in their Police headquarter uniforms showed their masculinity by beating the 7 cross-dressing males. They accused the Metis of being homosexual, they were asked to perform oral sex, anal sex, they were called Hijras, Chakkas. They were accused of being members of Blue Diamond Society. Some of the police officers were saying they would burn down Blue Diamond Society, accusing the Blue Diamond Society of teaching the Metis about anal sex. When Nepti replied, she was beaten with a gun by three policemen. After about an hour another police van from Durbar Marg, another district, arrived and stopped the policemen from beating to Metis. The Durbar Marg police then took the Metis to the police station and released them after 3 hours, saying the assaulters were from Headquarters so the police from Durbar Marg couldn’t do anything.

Also in the first week of July, similar police abuse happened in Baudha area. Three Metis were beaten and cheated by police.

Unfortunately, the cases mentioned here are not isolated incidents. They are indicative of a pattern that repeats itself everyday where the silence of the government and the impunity of the police and army violates the human rights to life, personal dignity, bodily integrity, and security of all persons who are sexual minorities and express their sexuality and gender identity. This impacts on their economic standing and also impedes their health, as intervention to prevent HIV/AIDS amongst them cannot take place in a positive and safe environment.

Sexual minorities (Meti, Ta, Dohori, Singaru, Maruni, Strain, Kothi, Fulumulu, Lesbian women, Gay, Bisexual, Transgender men and women, Hijras and many more) in Nepal are extremely frustrated that despite our efforts to cooperate with different organizations
including police, army and business owners, we are discriminated against on the basis of our sexual orientation or gender identity and expression. We are tortured and ill treated in police custody. Many of us face violence in the community or family because of our sexual orientation or gender identity. Many government officials, driven by prejudice, refuse to protect us. That’s why we find ourselves in the extremely difficult situation in our own country.

We believe that human rights cannot be denied on the basis of sexual orientation or gender identity and all people must enjoy all human rights equally.

So, we urge the Nepali Government, especially the police, to take strong measures to stop human rights violations against us and to protect us from homophobic actions against sexual minorities in Nepal.

For additional details about documented cases, please feel free to contact Blue Diamond Society at the address provided above.

INTERNATIONAL LAW

Right to freedom from discrimination is protected by the Universal Declaration of Human Rights (UDHR, Articles 1, 2 and 7), and the International Covenant on Civil and Political Rights (ICCPR, Articles 2 and 26). It is also guaranteed by the Constitution of Nepal and the Civil Liberty Act of 1955.

Right to liberty and security of person is protected by the UDHR (Article 3), and by the ICCPR (Articles 6 and 9).

Right to freedom from cruel, inhuman or degrading treatment is protected by the UDHR (Article 5), and by the ICCPR (Article 7). The right to compensation in cases of torture is also provided in the Nepal Compensation Against Torture Act, 1997.

Right to freedom from arbitrary arrest is protected by the UDHR (Article 9), and by the ICCPR (Article 9).

Right to freedom of expression is protected by the UDHR (Article 19), and by the ICCPR (Article 19).

Right to effective remedy is protected by the UDHR (Article 8).

Right to the highest attainable standard of health is protected in the International Convention on Economic, Social, and Cultural Rights (ICESCR) in its Article 14. In its General Comment on Article 14, the UN Committee on Economic, Social, and Cultural Rights has identified "information accessibility" as a core element of that right, including "the right to seek, receive and impart information and ideas concerning health issues." States must refrain "from censoring, withholding or intentionally misrepresenting health-related information, including sexual education and information, as well as from preventing people's participation in health-related matters." The Committee also observes that "the Covenant proscribes any discrimination in access to health care and underlying determinants of health, as well as to means and entitlements for their procurement, on the grounds of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability, health status (including HIV/AIDS), sexual orientation and civil, political, social or other status, which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to health" (emphasis added).

Nepal became a signatory to the ICCPR (1996) and the Convention on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), which provides state obligations to address torture, and is bound by the provisions of both. The UDHR is considered customary law for all Member States of the United Nations, including Nepal.

About IGLHRC

The mission of the International Gay and Lesbian Human Rights Commission (IGLHRC) is to secure the full enjoyment of the human rights of all people and communities subject to discrimination or abuse on the basis of sexual orientation or expression, gender identity or expression, and/or HIV status. A US-based non-profit, non-governmental organization (NGO), IGLHRC effects this mission through advocacy, documentation, coalition building, public education, and technical assistance.

IGLHRC
350 Fifth Avenue, 34th Floor
New York, NY 10118
USA
Telephone: +1-212-216.1814
Email: iglhrc@iglhrc.org
http://www.iglhrc.org

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