KATHMANDU, DECEMBER 23
Sexual and gender minorities (SGM) and LGBTIQA+ continue to face criminalisation in 64 countries around the world. 12 countries have the death penalty for same-sex relationships.
Countries such as Brunei, Iran, Qatar, Dubai, Kuwait, Iraq, and Malaysia can imprison people who identify as homosexual or transgender for up to 14 years. The death penalty is imposed in Saudi Arabia. Despite facing such severe punishments, sexual and gender minorities in Nepal continue to migrate to these countries in search of employment.
Many community members are imprisoned because they are unaware of the laws in these countries, despite having spent a significant amount of money to travel there. The government does not inform them of the dangers or penalties they may face.
Sunil Babu Pant, a former Constituent Assembly Member and Executive Director of MayaKo Pahichan Nepal, emphasised the importance of the government informing sexual and gender minority workers about the legal risks they face in these countries. "People have been jailed in countries like Malaysia and Qatar just for being homosexual," he said.
Pant explained that transgender people face significant challenges when travelling and working. For instance, a transgender person travelling as a male to Dubai was raped at immigration. Seeking justice in such cases often leads to further victimisation. "Many such incidents exist," he added.
Pant also chastised the Ministry of Labour and the Department of Foreign Employment for ignoring the issues confronting sexual and gender minority workers.
"No one cares, so we have to raise our voices," he said. "This community faces sexual violence and job discrimination, forcing them to migrate. Wealthier individuals manage to go to Europe or America, while the poor often suffer or even die."
Many people migrate in search of employment and economic advancement, or to conceal their identities from family members. However, some people who use female passports have difficulties during medical tests.
There are also countries that do not provide protection for women or gender minorities. Middle Eastern countries remain particularly dangerous for this community.
Participants in a discussion organised by MayaKo Pahichan Nepal on Monday about the challenges of labour migration, legal barriers in destination countries, and solutions emphasised that migration opportunities should only be opened to countries that recognise and protect women, sexual and gender minorities. "Provide reservation for sending them to countries like Israel, South Korea, Japan, or European nations," Pant suggested.
Saudi Arabia, a frequent destination for Nepali workers, will host the FIFA World Cup in 2034. Pant urged the government to advocate with FIFA to ensure the safety and dignity of sexual and gender minority workers migrating to Saudi Arabia. "Embassies avoid raising these issues due to shame. This needs thoughtful action," he remarked. "We must pressure FIFA for guarantees of human rights."
Returning community members shared their stories of being denied wages or being fired after disclosing their sexual or gender identities. Some reported incidents of sexual violence and rape. A worker who spent seven years in Dubai revealed that he was raped by a Pakistani individual. "They drag you away, and you have no choice but to endure it," he said.
Badri Pun, Chairperson of the Inclusive Forum, highlighted the challenges that gender minorities face when travelling on male or female passports. He urged Nepal's government to coordinate efforts once citizenship and passports reflecting different gender identities are issued. "There is a lack of security. Who listens to us? The community is at risk," he said.
"Manpower companies exploit them under the pretext of their chest structures, sending them abroad under deceptive pretexts."
Advocate Anurag Devkota pointed out that sexual and gender minorities are excluded from policies and programs related to foreign employment. He emphasised the need for the state to take full responsibility, including reintegration into society upon their return. "The government must address these concerns," he said, "and ensure representation of this community in labour migration policies."
Vivek Magar, President of Queer Nepal, noted that sexual and gender minority workers with HIV often face outright rejection after medical checkups. "They face mental distress and are deported. Even with constitutional and international provisions against health-based discrimination, such violations persist," he said.
Madhukar KC, Vice President of MayaKo Pahichan Nepal, shared a personal account of being humiliated while working in a hotel in Haryana, India. He recalled being beaten and dismissed without pay, stating, "They listened to only one side and inflicted violence; there was no justice."
Manil Singh, Acting President of Pink Triangle Nepal, highlighted that both transgender and homosexual individuals face sexual abuse abroad. He called for government-led awareness campaigns.
Manju Tamang of the Purple Foundation mentioned that this was the first time she had heard discussions about the human rights of sexual and gender minorities in relation to foreign employment. She emphasised the need for policy initiatives and public awareness about the challenges faced by these communities abroad.
