Nepal’s Minister of Foreign Affairs Dr. ArzuRanaDeubaaddressed a panel on ‘Pathways to LGBTQIA+ Inclusion in National Laws and Policies’ at the Equal Rights Coalition Conference on December 2024 in Berlin, Germany. She highlighted Nepal’s achievements in inclusion and human rights for the LGBTQIA+ community, making the country a model for the world.She presented three guiding principles for furthering equality: rights, representation and resources. According to her, these pillars would help safeguard LGBTQIA+ rights, amplify voices and ensure equal access to opportunities.The foreign affairs minister traced the history of inclusion in Nepal to the constitution drafting process that began in 2008 after the civil war ended in 2006. After 11 years of the insurgency, Nepal promulgated its new Constitution in the year 2015. A constitution in which the minority rights were ensured and a lot of the stakeholders were involved, including the firstMember of Parliament belonging to the LGBTQIA+ community Sunil Babu Pant.

According to the minister, Nepal hasbeen a pioneer in gender minority rights, not only in Asia but also around the world. She pinpointed three areas where Nepal has made remarkable advances: the judicial, legislative, and administrative.She amplified several significant achievements that speak to Nepal's impeccable commitment to inclusivity. In the judicial realm, the Supreme Court of Nepal has progressively recognized legal third-gender identities, whereby its landmark ruling in 2007 has affirmed such freedoms for same-sex marriages. It is worthwhile noting that this decision has been quoted in courts across India, Europe and the United States.

On the legislative front, Nepal has enacted several progressive laws for inclusion and the human rights of sexual minorities. The new Constitution of Nepal (2015) recognizes the rights of LGBTQIA+ individuals, making Nepal the first country in Asia and the 10th in the world to acknowledge the human rights of gender minorities as we promulgated this constitution. It provided legal protection for LGBTQIA+ individuals, ensuring the inclusion of third-gender options in legal and official documents. Article 12, Article 18 and Article 42 provided for gender identity in citizenship documents, prohibited discrimination of sex and allowed for social justice through equal participation in public services, respectively.

In administrative terms, a greater level of social inclusion has been achieved in Nepal. In 2010, Nepal became the first nation in South Asia to introduce a third-gender option for voter registration. This was later extended to immigration forms and further established in the federal census of 2011. By 2015, Nepal was in a position to offer passports under the third-gender category. The registration of marriages for gender and sexual minorities, though a very big step, has started now. Also, a chapter in Nepal's 16th periodic plan includes programs focusing on gender and sexual minorities.

The foreign affairs minister pointed out that more remains to be done. Processes for issuing government documents need to be further streamlined; safe spaces need to be created for survivors; and mental health and violence problems must be addressed. “It is important that social attitudes and not just policies also change to embrace inclusivity,” she mentions.On a positive note, the minister ended her speech by affirming that Nepal's achievements are examples that inclusivity is achievable, even in countries where resources are scarce. She asserted that a strong political will and practical societal synergy are crucial, calling on the global community to look at diversity as an asset that must be celebrated for the enrichment of democracy and society.

(Kharel holds a master’s degree in Development Studies from Kathmandu University. She writes on the issues of gender and development.)