Please tell us about yourself and
Blue Diamond Society. Where did
the need for such an organisation
arise?
I was born in 1972 and grew up in Gaikur village, Gorkha
District in Nepal. I went to school in my village. I always
thought everyone is like me and everyone is different with
diverse sexuality and gender identities/expression. My
sexual identity never bothered me or anyone else.
I didn’t have a plan to start Blue Diamond Society in the
beginning. I was curious to find out about the local lesbian,
gay, bisexual, transgender and intra-gender (LGBTI)
culture and to meet other LGBTI people. After I discovered
so many problems faced by LGBTI people like rape,
exclusion, blackmail, beatings, discrimination and lack of
proper understanding and knowledge on LGBTI rights and
health, I thought we must get together, organise ourselves
and stand up to the situation for the betterment of Nepal’s
LGBTIs. If we were to end the continuous marginalisation
that we faced, we had to be prepared to struggle for our
own rights and concerns. So, in 2001, we registered
The Blue Diamond Society. The colour Blue represents
sexual minorities in Russia and in Buddhism enlightened
and compassionate people are called diamond beings
(Bodhi-Sattva) which I was very fond of and so named the
organisation Blue Diamond Society (BDS).
Tell us more about the sexual
diversity that exists in Nepal. For
instance, who are the metis?
Metis are biological males who see themselves as feminine
and third genders (other than man and women). They
generally identify themselves as distinct from the
gay/bisexual community in Nepal. They are generally
marginalized because of their socio-economic status as
well as their gender identity. While some Metis marry
women, they often have sexual relationships outside of
marriage with men and identify as third genders with a
feminine orientation. Metis are called Kothis or Maugias
in Terai and Singarus or Strain in some part of the hilly
regions and Phulumulu in the mountain regions. Marunis are
biologically males who perform dances in female attire.
Mardana and Baranths are females who see themselves or
are perceived as masculine. Samalingis or Lingis are male/
female homosexuals in the Nepali language.
What were the early years of BDS
like?
Initially, BDS had to struggle against many taboos and
mores. The first attempt at registering the society was
denied because officials objected to the very concept
of homosexuality. We were pressurised to change the
organisation’s objective into ‘correcting’ homosexual
behaviour, but finally found a loophole that allowed us to
work in the area of male health.
We were then faced with the challenge of coaxing men
having sex with men (MSMs) and Third Genders (TG) to
join the Society because they were afraid of being targeted
by homophobes. BDS estimates that about 95 percent of
MSMs and TGs are forced into heterosexual marriages by
their families who don’t want scandals. They suffer from
depression, low self-esteem and social ostracism.
BDS is now a network of 20 groups and organisations
working on HIV/AIDS, human rights and social justice
for sexual and gender minorities and MSM in Nepal. It
was the first and only organisation of its kind when it was
established as no one else was working on these issues. All
the organisations that are in the current network arose
from BDS in the last 7 years.
Since founding BDS, I have focused on advocacy and the
need for HIV intervention among MSM and TGs along
with the need to address violence against sexual and gender
minorities in Nepal. BDS now has HIV and human rights
programmes in more than 20 cities in Nepal and continues
to expand rapidly.
How did BDS work against violence
and discrimination?
Through documentation of such violence, reporting to the
police, National Human Rights Commission, OHCHR,
Government Ministries and other relevant Human Rights
organisations including the Special Rapporteurs at the
UN. We try and sensitise the police as much as possible by
orientations, discussions, meetings. We empower LGBTI
communities by training and orientations on rights and
how to tackle violence and abuse. Media campaigns and
much more… Our key activities include health promotion
for sexual minorities, psycho-social counselling, raising
awareness of HIV/AIDS, promoting human rights and
sexual health, documenting human rights violations and
providing support to those whose rights have been violated.
What were the challenges you
faced?
My colleagues and I at BDS carried out this work under
the threat of arrest and imprisonment, with the security
forces and militia cracking down on LGBTI networks
throughout the country. Coupled with a lack of legal
protection and the beliefs of a traditional society, the
environment in which LGBTI rights defenders work is
a volatile one. Many of the BDS staff have been arrested
and imprisoned; transgender people face extortion,
blackmail and rape and other forms of violence.
What do you consider as major
achievements for BDS?
BDS has made major accomplishments in only a few
years in protecting the human rights of sexual minorities,
improving sexual health and promoting HIV prevention,
and raising awareness in society. BDS provides daily
social support to Nepali citizens who have been harassed,
attacked or abandoned. Protection and support extends
to different sexual and gender minorities. This creates a
safe space, a major, ongoing accomplishment, fostering an
atmosphere where people can meet and address the issues
and challenges of living in a society where stigma and
discrimination is rife. They discuss and understand their
sexual and human rights.
Men who have sex with men, sex workers, LGBTIs and
other community members, often from low economic,
educational and caste status, mingle with each other and
the benefits and service to marginalised communities in
Nepal are clear.
I have also been involved in working for HIV infected/
affected communities with the Global Fund, WHO,
UNAIDS, and on human rights with Front Line, IGLHRC,
AP-Rainbow, Human Rights Watch, Amnesty International
and other international and regional networks and
organizations. The Utopia Award 2005 and the Felippa De
Souza Award 2007 recognized the organization’s work on
HIV and Human Rights. I am one of the petitioners who
filed the writ petition on 18 April 2007 at Nepal’s Supreme
Court and on December 21, 2007 Nepal’s Supreme Court
made a historic decision by ordering the government to
defend and protect LGBTI rights as those of ‘natural
people’.
Congratulations! It is indeed a
landmark decision.
It’s a great decision and TGs as well as gays, lesbians,
bisexuals and inter-sex peoples’ rights are also ensured by
this decision.
Great victory of Nepalese LGBTI !
We, all LGBTI Nepalis, are very happy and proud of the
Supreme Court whose decision is extremely progressive
on such a difficult issue for our society, especially on the
matter of gender identity. This is the first time any Supreme
Court has ever spoken in such a positive manner on gender
identity issues in the world.
What this decision means is that Third Gender people will
now have Citizenship ID, Passport and other documents
recognising them as ‘Third Gender’. LGBTI will have equal
rights and opportunities as heterosexual men and women.
No discrimination will be allowed against LGBTI on the
basis of sexual orientation and gender identities for getting
a job, education, health care, parental property, mobility,
political and social participation, travel, etc. The judgement
of the Supreme Court now offers protection from violence
and discrimination for LGBTI by the law.
What is the next step to get TG
people their ration cards, passports,
bank accounts, etc?
We will help the government to implement the decision.
Government administration is positive about the
implementation of these orders. We are just waiting
for the full written decision to come and be formally
communicated to the government by the Supreme Court.
In the meanwhile, one of the private banks – Everest Bank –
has changed its account opening form and included ‘other’
apart from male and female under the gender column.
What is the current socio-political
context in Nepal in terms of
working on sexuality and rights?
The socio-political environment has become much easier,
more accommodating and inclusive not just for LGBTI
but for others as well. Social transformation that’s going
on in Nepal proved to be such a good opportunity for
us to stand together and also to contribute towards
democracy and human rights. Our active participation
during the 2006 popular People’s Movement against
the autocracy brought us into the middle of activism for
change in Nepal and we have many alliances since then.
What have been the points of
learning for you and BDS?
Any challenges can be opportunities as well. The most
deprived proved to be the most powerful. Metis and other
LGBTIs are excluded and believed to have no capacity to
contribute to society, which has been proved to be wrong.
Anytime is the right time to fight for justice. Small injustices
must not be overlooked. Small, incremental progress adds
up over time and we should learn to see significance over
time. Don’t expect big change or any change yesterday…
patience pays off.
What do you see as the scope for
future work in Nepal?
We will work closely with the government and political
parties now on implementation of the Supreme Court
decision and to improve the LGBTIs living standards.
More work is needed to empower LGBTI communities.
We are and will be happy to continue to work with other
networks, organizations and coalitions across the region on
LGBTI rights, advocacy and empowerment. We must also
support and work on other issues of marginalisation and
oppression.
Sunil Babu Pant is the
Founder / President of the
Blue Diamond Society (BDS),
a network of 20 groups and
organisations working on
HIV/AIDS, human rights and
social justice for sexual and
gender minorities in Nepal.
Sunil Pant was key to filing
the writ petition in April
2007 at Nepal’s Supreme
Court and on December 21,
2007 Nepal’s Supreme Court
made a historic decision
ordering the government to
defend and protect the rights
of LGBTI people as natural
people. Sunil Pant and his
colleagues at BDS carried out
this work under the threat
of arrest and imprisonment,
with the security forces and
militia cracking down on
LGBTI networks throughout
the country.