September 19, 2010
The
MSMGF calls on Nepal’s Home Ministry to issue citizenship cards to
transgender people and metis in accordance with 2007 Supreme Court
ruling
Delay in federal recognition of “third sex” violates human rights,
contributes to a worsening HIV epidemic in transgender and meti
communities
The Global Forum on MSM & HIV (MSMGF) is dismayed by the denial of
citizenship cards by Nepal’s Home Ministry to transgender people and
metis, disregarding their basic civil rights and delaying action on a
legal directive delivered in December 2007 by the country’s Supreme
Court. The legal verdict, which was the outcome of a lawsuit filed by
the Blue Diamond Society, obligated the government to issue citizenship
cards to transgender people and metis recognizing their gender as a
“third sex.” Despite lobbying by activists to move the Home Ministry to
deliver on this ruling, transgender and meti individuals in Nepal today
still do not have citizenship cards reflecting legal recognition of
their gender identity.
The denial of proper identity cards for transgender people and metis
has had wide reaching consequences. Ramifications include lack of
access to education, jobs, and health services, as well as the inability
to inherit property, obtain passports, or travel abroad during
emergencies. In response to the Home Ministry’s inaction, a group of
advocates and activists organized peaceful protests outside government
offices in Kathmandu on September 14, 2010. The protesters were detained
for several hours by the Kathmandu Metropolitan Police with no written
orders or explanation for why they were arrested and held in custody.
Governments that deny fundamental rights to their citizens - in this
instance, communities that are already marginalized - actively exclude
these individuals from civic participation as equal members of society.
This sends a strong message to the people of Nepal and the broader
global community that prejudice supersedes social justice and human
dignity. The absence of an enabling legal environment for transgender
people and metis is not uncommon across the world, frequently pushing
people into unemployment, poverty and substance abuse, leading to poorer
health outcomes and a heightened vulnerability to HIV. Worse still,
these individuals are often subjected to harassment and violence from
the general public, as well as abuse by the police and other
authorities. The need for strong anti-discrimination policies is clear,
and gender identity should be recognized regardless of whether or not
one chooses to undergo gender reassignment surgery.
The MSMGF recognizes that the denial of full and equal rights for
transgender individuals in Nepal is but one example of how governments
around the world consistently ignore the human rights of transgender
people, men who have sex with men (MSM), sex workers, and people who use
drugs. The MSMGF urges its partners, members of the HIV community, and
public health stakeholders to stand in solidarity and support the rights
of transgender people in Nepal and the world over. We demand immediate
action for legal recognition of transgender identities by Nepal’s
government, as directed by the Supreme Court of that country. Only then
will transgender people and metis be able to freely access basic
services, including health and HIV services, exercising the full
spectrum of rights entitled to every human being.
The Global Forum on MSM & HIV (MSMGF) is an expanding network of AIDS
organizations, MSM networks, and advocates committed to ensuring robust
coverage of and equitable access to effective HIV prevention, care,
treatment, and support services tailored to the needs of gay men and
other MSM. Guided by a Steering Committee of 20 members from 17
countries situated mainly in the Global South, and with administrative
and fiscal support from AIDS Project Los Angeles (APLA), the MSMGF works
to promote MSM health and human rights worldwide through advocacy,
information exchange, knowledge production, networking, and capacity
building.