Jessica Stern: Nepal a beacon of hope for South Asia’s LGBTIQA+ community

Appointed by President Joe Biden in June 2021, Jessica Stern is an US special envoy to advance the human rights of LGBTIQA+ persons. She specializes in gender, sexuality and human rights globally. Her role as a special envoy is to ensure that American diplomacy and foreign assistance promote and protect the human rights of the LGBTIQA+ community around the world. She recently visited Nepal and met several members of Queer community, government officials and other stakeholders. Kamal Dev Bhattarai of ApEx caught up with her. What is the purpose of your Nepal visit?   One of my responsibilities is to identify the countries that have best practices on people belonging to this community. There is not a country on the planet that does not discriminate against this community. The question is: How can we accelerate the pace of change, what policies and programs should governments invest in so that members of this community enjoy citizenship rights? Nepal has been at the vanguard in terms of recognition of this community in the constitution and seminal Supreme Court decision. Actually, the US can learn a lot from Nepal when it comes to the legal arrangements. I came to know how this community is living here. During my stay in Kathmandu, I talked with more than 50 members of this community, government officials and representatives of institutions working on Queer issues.

What major concerns did members of this community share with you? 

I heard that transgender people still experience high-level of discrimination and violence and it is very difficult for them to change the citizenship document. And without access to legal documents that reflect your gender marker, it is tough to get a job, housing and other facilities. People of this community want access to equal marriage, they want to be able to adopt children and they want to be recognized as parents. How do you see the legislative status of Nepal with regard to queer rights?  When I spoke with members of this community here, I came to know that they want a broader rape law because any person of any gender and sexual orientation can be a victim of rape. They want an easier pathway to citizenship recognition. People want equal marriage. They want to be entitled to full protection that every citizen is provided. And women want to pass citizenship to their children. That is the priority for the people here, not only for the heterosexual people but all women. When women are not seen as full citizens in the eyes of law, it has spillover effects at the community level. How do you compare Nepal’s status on queer people to other South Asian countries?  Nepal is a beacon of hope in this region. LGBTIQA+ communities in other countries often say: We want to be more like Nepal, Nepal has received recognition from the court, they get meetings with the government and they are not criminalized. I think these are the markers of success in the region. Nepal is a symbol of hope on queer rights. The country is a leader in this region on human rights of these people. If there is further progress on LGBTIQA+ issues, it will not only be good for Nepal but also for entire South Asia. LGBTIQA+ communit y still faces discrimination in Nepal and many members are not ready to come out. What are your suggestions? A lot of people are still afraid to come out because of practical reasons. When you come out, there is a risk of family rejection. Many communities cannot live with their family because they are not accepted. I met those people who were homeless because it is difficult for them to find a landlord. Many of them are unemployed or underemployed. We should think about how everybody can support them. It is very simple: respect all people, love your children no matter who they are, do not reject them. Governments in all countries, including here in Nepal, need to ensure the most vulnerable get additional support. They should certainly get more resources.