Nepal’s LGBTQI+ rights gains remain out of reach for many

Transgender mountaineer Nilam Paudel recently summited Mount Everest, reflecting on the struggles of her community while standing atop the world. "I was crying on Everest," Paudel said at a Pride Month event in Kathmandu. "I was thinking about my community, those who I had lost to suicide." Her journey to the summit was fraught with obstacles, including repeated demands for additional documents and initial refusals of her trekking permits by the Department of Tourism simply because she is transgender.

Paudel's experience underscores a significant contradiction in Nepal, a nation often lauded as South Asia's most progressive on sexual and gender minority rights. Activists report that many within the LGBTQI+ community continue to face substantial barriers in accessing essential government services, legal recognition, education, and employment. This disconnect was the central theme of a new policy brief released by the Blue Diamond Society during a national dialogue event.

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I was crying on Everest. I was thinking about my community, those who I had lost to suicide.

The report details how, despite constitutional protections and landmark Supreme Court rulings, the implementation of LGBTQI+ rights remains inconsistent and discriminatory. For many transgender, intersex, and non-binary Nepalis, securing citizenship documents that align with their gender identity presents one of the most significant hurdles. "The constitution exists, but implementation has not occurred," stated Samon GC, a presenter of the policy brief, highlighting that processes taking hours for cisgender individuals can take years for others.

Nepal's Supreme Court has issued rulings since 2007 recognizing sexual and gender minorities and affirming the right to self-identification and legal gender recognition. Article 12 of the Constitution also guarantees the right to citizenship certificates reflecting an individual's self-identified gender. However, activists and the policy brief indicate these rights are frequently inaccessible in practice, with local governments and District Administration Offices reportedly refusing to issue correct documentation.

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The constitution exists, but implementation has not occurred.