| For a summary of Nepal’s review at the first cycle please click here. |
23rd UPR session
Date of review: 4 November 2015
Date of report adoption: 23 December 2015
Document number: A/HRC/31/9
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SUMMARY SOGIESC issues during Nepal’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
22. Following a SC verdict, sexual and gender minorities have been receiving citizenship certificates and passports on the basis of identity. The Same-Sex Marriage Study Committee formed in accordance with the SC order has submitted its report recommending to recognize same-sex marriage, which has been taken positively by the government. NHRC-NWC-NDC indicated that the discriminatory provisions in laws and regulations against this community should be amended and the recommendation made by the Committee implemented.
Equality and non-discrimination
54. JS12 and JS13 commended Nepal for positive steps towards the recognition of LGBTI rights. They recommended Nepal to: legalise sexual and social relationships between consenting adults, regardless of sex or gender and to recognise rape on a gender neutral basis; legalise same-sex marriage or civil unions and make consequential amendments to utilise gender neutral definitions in family and inheritance laws; enact comprehensive anti-discrimination legislation; increase understanding of LGBTI rights; combat the stigmatization of, and violence against LGBTI persons.
Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
82. CIVICUS urged Nepal to ensure that LGBTI organisations are allowed to register and operate freely.
II. Excerpts on SOGIESC issues from the national report
Sexual orientation and gender identity
74. As per the Supreme Court’s order, the members of the LGBTI community have been receiving citizenship certificate and passport with their identity as per the amended citizenship rules, 2008, and Passport Rules, 2010. The Central Bureau of Statistics officially recognized a third gender in addition to male and female for the first time in national census, 2011. The GoN has been considering the report submitted by a Committee constituted as per the directive order of the Supreme Court for further identification and protection of the rights of the LGBTI. The domestic legislation of Nepal prohibits discrimination of any kind including on the ground of sexual orientation and identity. The GoN respects the rights and freedom of the LGBTI community guaranteed by the Constitution and laws, and is fully committed to ending de-facto discrimination against LGBTI community.
III. Excerpts on SOGIESC issues by UN agencies
Right to privacy, marriage and family life
58. The country team reported that the civil and criminal codes did not recognize samesex marriage despite a 2007 Supreme Court decision.
Freedom of religion or belief, expression, association and peaceful assembly, and the right to participate in public and political life
64. The Special Rapporteur on human rights defenders expressed concern regarding reports of undue delays in renewing the registration of a non-governmental organization working to promote respect for the rights of lesbian, gay, bisexual and transgender persons, as well as regarding arbitrary arrests, harassment, intimidation by the police and ill-treatment in detention of its members.
IV. References to SOGIESC issues during the Working Group review
67. The Joint Secretary of the Ministry of Women, Children and Social Welfare, Radhika Aryal, responded to comments made on gender equality, women’s empowerment, child protection, disaggregated data on people living with disabilities and rights of marginalized persons, including lesbian, gay, bisexual, transgender and intersex persons. The Constitution had embodied the notion of substantive equality and non-discrimination as a fundamental right of citizens.
87. Brazil noted measures to promote an inclusive society and encouraged the adoption of policies to eliminate all forms of discrimination. It expressed concern about discrimination against women and lesbian, gay, bisexual and transgender persons and about child labour and early marriages.
88. Canada welcomed the new Constitution, and efforts to ensure equality of lesbian, gay, bisexual and transgender persons and to reform the legislation. It encouraged Nepal to ensure that its reconstruction efforts met the needs of vulnerable groups.
V. Conclusions and/or recommendations
Nepal accepted the following recommendations:
121.16 Take the necessary steps to ensure that the new constitution is implemented while protecting human rights and thus ensuring its provisions on gender equality, lesbian, gay, bisexual and transgender persons, and minorities (Sweden);
122.42 Establish specific mechanisms for the investigation and punishment of possible cases of discrimination against lesbian, gay, bisexual, transgender and intersex persons, particularly with regard to issues in relation to the administration (Spain);
122.43 Strengthen the protection of lesbian, gay, bisexual, transgender and intersex people and work towards the full implementation of the current laws (Israel).
Nepal noted the following recommendations:
123.30 Take measures to implement the Supreme Court’s decision concerning same sex marriage (Brazil).
VI. Further information
You will find all documents relating to Nepal’s second review at UPR-Info and OHCHR’s websites.