Gender and sexual minority welcome new constitution


Kathmandu(Pahichan) September 20 – Gender and sexual minorities have welcomed the promulgation of Nepal’s Constitution 2072. This is the first time that rights of gender and sexual minorities have been mentioned in the new constitution. They are happy because it their rights have been ensured constitutionally.

Nepal has been ninth in the world to ensure the rights of gender and sexual minorities. Members of gender and sexual communities said the role played by former member of Constituent Assembly (CA) to ensure the right of this community is praiseworthy. Issue a joint statement, Chairman of Pinky Gurung And Executive Director Manisha Dhakal Of Blue Diamond Society they have felt a perfect citizen of the country with the promulgation of new constitution.CA 2

“Though very few rights of our community are addressed we are happy because country has received a new constitution. There will be inclusive and proportional representation of this community in public service and state mechanisms,” the joint statement said.

The statement also thanked the CA and its members for their constructive role to ensure the rights of this community. The statement has said that BDS is ready to work with all to ensure a new, inclusive and prosperous country. Meanwhile, in his message, Former Lawmaker Sunil Babu Pant congratulated the members of minority communities as new constitution has secured their rights. He also congratulated the Nepali people.

Press Release, 20 September 2015

We all sexual and gender minority (SGM) community of Nepal would like to express our contentment for the formal promulgation of Nepal’s constitution 2015, as addressed by Hon. President Dr. Ram Baran Yadav today; September 20, 2015. We heartily welcome the new constitution that has included our rights for the first time. We are very delighted that the “Constitution of Nepal, 2015” has granted constitutional rights to sexual and gender minority community (lesbian, gay, bisexual, transgender and intersex/ LGBTI). Under the principle of “Inclusion”, the new constitution of Nepal has acknowledged “Sexual and Gender Minority” community in the article 18 (Right to Equality) &article 42 (Right to Social Justice) and the use of gender neutral language in article 12 (regarding Citizenship ID) has ensured the fundamental rights of sexual and gender minorities.Moreover article 18.2 also include health status as non-discrimination .People  living with  HIV and other  disease are protected too by the ground ‘health status”.

With this, Nepal is in the list of very few countries in the world that provides constitutional rights to its sexual and gender minority citizen. In addition, with this progressive provision, Nepal will be an exemplary country to all the human rights advocates and institute in the world, including the one from developed countries. This victory is not only the victory of sexual and gender minority community, but the victory of all Nepali citizens and all Nepali citizens should be proud of it. We all can proudly advocate the stature that Nepal has built in terms of “Inclusivity and Human Rights” in international platforms. Today, we all member of sexual and gender minority community have a feeling of being a full Nepali citizen; we feel proud of ourselves and our country. Though the rights and responsibility provisions for SGM in the constitution is very few compared to other minority community, but we are glad that our country has found a passage that align us along with few countries in the world that has recognized the rights of its SGM citizens in their constitution.

Thus, we are excited that SGM issues are embraced under “equality and inclusivity”, and are hopeful that it will be mainstreamed in public government services and instruments. We’ll continue our peaceful advocacy to ensure our further rights. We would like to thank all current Constituent Assembly (CA) members and previous CA members who played pivotal role on securing our rights constitutionally. We would also like to thank Sunil B Pant, previous CA member and founder of Blue Diamond Society, who has been instrumental for all these achievements. Our sincere gratitude to all the political parties, national and international organizations; UN agencies, human rights activists, civil society, journalist, and members of the community for their continual support. We hope to receive similar support to ensure our further rights and for the execution of the rights enshrined in the constitution in coming days.

We would like to convey our sincere commitment to work together with other Nepali citizen towards “New, Inclusive and Prosperous Nepal”.

Jai Nepal, Jai Nepali

                                                                                                                                               Manisha Dhakal                       Pinky Gurung

 President                                                                                                                              Executive Director

                                                             Blue Diamond Society

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