| For a summary of Nepal’s review at the second cycle please click here. |
10th UPR session
Date of review: 25 January 2011
Date of report adoption: 8 March 2011
Document number: A/HRC/17/5
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SUMMARY SOGIESC issues during Nepal’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
12. The NGO Coalitions cited widespread discrimination against Dalits, women, Madhesi, indigenous peoples, persons with disabilities, Muslims and other religious minorities, sexual and gender minorities and other marginalized groups. These groups continued to be severely underrepresented in most of the public sector, including decision making bodies, the civil service, the judiciary, law enforcement agencies, and local authorities.
Right to life, liberty and security of the person
19. BDS noted that many lesbian, gay, bisexual, transsexual and intersex (LGBTI) persons still faced abuses, especially in smaller towns, and that security forces had not been proactive in protecting them. It stated that an increasing number of lesbians and gays were being harassed and charged on false charges by the army and police. BDS indicated that Nepal had made tremendous progress on sexual and gender minority rights, especially after a Supreme Court decision three years ago ordering Nepal to issue citizenship IDs to third genders according to their gender identity and to amend all discriminatory laws and policies against LGBT. However, sexual and gender minorities still faced marginalization and discrimination and the Supreme Court decision had not been implemented.
Right to social security and to an adequate standard of living
67. BDS/SRI noted that sexual and gender minorities, which were high-risk groups for contracting HIV/AIDS and other sexually transmitted diseases, were often not welcome in hospitals or health centers.
II. Excerpts on SOGIESC issues from the national report
Equality and non-discrimination
24. OHCHR (Nepal) urged Nepal to expedite the implementation of a Supreme Court ruling issued three years ago that upholds equal rights in the granting of citizenship and identity documents to members of sexual minorities. It voiced concern over discrimination and stigmatization faced by members of the “third gender”.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
28. The Czech Republic […] noted that journalists face threats from armed groups, noting that women human rights defenders and those representing sexual minorities were particularly at risk.
36. Spain […] commended Nepal for being among the first Asian States to abolish the death penalty and for the positive decisions taken by the Supreme Court in favour of LGBT people, including the right to marry for people of the same sex.
V. Conclusions and/or recommendations
Nepal accepted the following recommendations:
106.5. Enact legislation to ensure members of the lesbian, gay bisexual, transgender and intersex (LGBTI) community citizenship rights, consistent with the equal rights enumerated in the Nepali Supreme Court’s 2008 decision (United States of America);
106.23. Take steps to ensure non-discrimination based on sexual orientation and gender identity including in the proposed civil and criminal laws (New Zealand);
106.23b Implement fully the Supreme Court decision regarding sexual and gender minorities (Norway).
VI. Further information
You will find all documents relating to Nepal’s first review at UPR-Info and OHCHR’s websites.