Nepal courts seem to get it

[andrewlittle]

Nepal's Supreme Court has ordered the government to scrap laws that discriminate against homosexuals.

The court ordered that sexual minorities should be guaranteed the same rights as other citizens.

"Lesbian, gay, bisexual, transsexual and intersex are natural persons irrespective of their masculine and feminine gender and they have the right to exercise their rights and live an independent life in society."

http://news.bbc.co.uk/2/hi/south_asia/7156577.stm

Now, who woulda thought that Nepal would be so progressive? It may not be over, yet, but it is encouraging news for the slow battle for a world-wide shift in policy.

[antonyh]

Thank you for sharing this. I found the link to the Blue Diamond Society, one of the organizations that has been working for this change:

http://www.bds.org.np/

Here is what they had to say:

Great victory of Nepalese LGBTI !

Supreme Court of Nepal issued directive orders to the Government of Nepal to end discrimination against LGBTI and ensure equal rights as heterosexual men and
women in Nepal.Four LGBTI organizations including Blue Diamond Society had filed a writ petition in last April 2007(05/01/2064) demanding to defend and protect equal rights of lesbian, gay, bisexual, transgender and intersexed (LGBTI) people of Nepal. After having heard 3 times over the last few months, Supreme Court of Nepal has recognized LGBTIs today as natural persons. It is believed that LGBTI will enjoy, today onward, all the rights according their sexual and gender identities as other genders enshrined by the Constitution of Nepal and human rights conventions in which Nepal is a State Party. The Court issued directive orders to Nepal government to ensure rights to life according to their own identities and introduce laws providing equal rights to LGBTIs and amend all the discriminatory laws against LGBTI's rights as well.

On the issue of same sex marriage, The Court has also issued directive order to form a 7 member committee (Doctor appointed by Health Ministry, one representative from National Human rights commission, law Ministry, socialist appointed by government of Nepal, representative from Nepal police, representative from Ministry of population and environment and one advocate as a representative from the LGBTI community) to conduct study about the other countries'/international practice on the same sex marriage. Based on the 7 member committee recommendation government will make appropriate law.

We, all LGBTI Nepalese, are extremely happy and proud on Supreme Court whose decision is extremely progressive on such a difficult issue for our society, especially on the matter of gender identity to the possible extinct. This is the first time ever any Supreme Court has spoken such a positive manner on gender identity issues ever on the world. We salute our honorable judges Balaram KC and Pawan Kumar Ojha.We would like to express our sincere gratitude to all friends, leaders, media, civil society, international support, political parties, OHCHR, ICJ, National Human Rights commission, Human Rights Watch, FWLD, Front Line Defenders, ILGHRC, Lawyers Collective, Alternative law forum, NFI, Outrageous, ARC international and our lawyers (Hari Phunyal- ICJ, Rup Narayan Shrestha- FWLD, Hari Upreti, Bhuvan Niraula, Sarmila Dhakal, Prem Rai-ICJ, Chandra Kanta Gaywanli). I also salute our LGBTI communities who have fought for years and stood for these rights even in difficult times and situation, without whose collective struggle it would have never been possible.

We would like to express our hearty thanks to our donors, LLH/Norad, HIVOS, Dutch Embassy, Astraea Foundation, Sigrid Rausing Trust, CCOs, Sidaction, Elton John Aids Foundation, FHI, PSI, DFID, Global Fund for Women, Mama Cash, Urgent Action Fund, and Butlars County and many more.

In solidarity

Sunil B Pant

What does the idea of a "natural person" mean?

Lesbian, gay, bisexual, transsexual and intersex are natural persons irrespective of their masculine and feminine gender and they have the right to exercise their rights and live an independent life in society.

[andrewlittle]

It would seem to indicate, to me, that it flies in the face of LGBTI being called abominations or acting unnaturally. The prevailing thought in much of Asia is that LGBTI are somehow mishapen or malformed - hence, unnatural. (Now, where have we heard that shit before.)

[antonyh]

It would seem to indicate, to me, that it flies in the face of LGBTI being called abominations or acting unnaturally. The prevailing thought in much of Asia is that LGBTI are somehow mishapen or malformed - hence, unnatural. (Now, where have we heard that shit before.)

I'm sure you are right. I was wondering if "natural person" was the recognition that the LGBTI community were just part of nature. Certainly, this says that nature manifests itself with more diversity than many cultures are willing to acknowledge.

I just like this term "natural person". It has a universality to it that unites instead of divides.

[Daniel]

I caught this similar article from the AP.

Nepal's top court orders govt to ensure laws protect gay rights
KATMANDU (Nepal) - IN a landmark verdict aimed at legitimising homosexuality, Nepal's top court ruled on Friday that the government must create new laws to protect gay rights and change current ones that might be tantamount to discrimination, an official said.
The Supreme Court issued the order in this conservative Himalayan kingdom after hearing a petition filed by four gay activist groups seeking greater rights for homosexuals, said court spokesman Til Prasad Shrestha.

Mr Shrestha indicated it is up to the government to determine how the ruling should be implemented.

It was not immediately clear whether the ruling overturns current laws banning homosexuality or whether the government would be compelled to recognise same-sex marriages.

Homosexual acts are punishable in Hindu-majority Nepal by up to two years in prison.

A government representative could not immediately be contacted.

Sunil Pant of the Blue Diamond Society, the country's main gay rights group, said it was a bold decision by the highest court in Nepal, where homosexuals frequently face harassment, including by police.

'It was an extremely positive decision and a pleasant surprise for us. It would set a precedent for other conservative countries like Nepal,' Mr Pant told reporters. -- AP


What a huge step for Gay Rights. And while it is in another area of the world, did you catch that...

Uruguayan Pres. To Sign Gay Unions Bill

http://www.365gay.com/Newscon07/12/121907ur.htm

So....in a week, you have an exceedingly catholic country thumbing its nose at the pope and a judge in a very conservative Buddhist country giving rights to gay people.

Wow!

[antonyh]

I caught this similar article from the AP.




What a huge step for Gay Rights. And while it is in another area of the world, did you catch that...

Uruguayan Pres. To Sign Gay Unions Bill

http://www.365gay.com/Newscon07/12/121907ur.htm

So....in a week, you have an exceedingly catholic country thumbing its nose at the pope and a judge in a very conservative Buddhist country giving rights to gay people.

Wow!

You know what is odd about the Uruguayan law. In order to obtain a civil union you have to be together for at least five years? What is that about?

[Gregory_de_Bois]

You know what is odd about the Uruguayan law. In order to obtain a civil union you have to be together for at least five years? What is that about?

At least they are consistent between gay and straight civil unions. Both have to be together for five years. Still kind of wierd though.