Tuesday, August 10, 2004


Dear Sir/Madam, Friend, and colleague,

The attached photographs are of an attempted murder of a Meti in Kathmandu Nepal. His throat was slit and his finger was almost severed. He is still fighting for his life in hospital. This mail is a little long, but I urge you to please take the time out to read it.

I am writing this mail out of extreme concern for the developing deteriorating situation of same sex attracted persons in Nepal. Nepal has traditionally had a large and significant homosexual population and many of them are gendered males who are feminised. They have for a long time been hidden due to social stigma and oppression and socialised only amongst themselves in public and private spaces that was not usually known to the general public. In Nepali language, such feminised male persons are called Métis.

The thus far invisibility of the homosexual population of Nepal was lifted to some degree since the year 2000 when Blue Diamond Society [BDS for short] started working with Males who have sex with other males [MSM] on HIV and AIDS. Working with MSM on HIV was squarely within the purview of the AIDS Control Policy of the government of Nepal and the
government functionaries have regularly participated in the activities organised by BDS.

Since HIV prevention cannot take place in an atmosphere where the rights of those who are most infected and affected is not protected and promoted, BDS was also therefore compelled to take on the issue of the protection and promotion of the rights of Métis in Nepal. This led to obvious backlash from a section of society that are still holding on to a medieval mindset and sadly the government have been guilty of acts of both omission and of commission that has led to an aggravation of the
kind of organised oppression against Métis exemplified by the attached photographs.

In the usually patriarchist Nepali society, any male person who do not conform to the culturally accepted norms of masculine behaviour are deemed unworthy and seen as commodities available for exploitation. Therefore feminised Métis are particularly vulnerable to abuse. Such abuse takes on many forms, including physical violence, sexual violence, rape, and increasingly state supported and sponsored violence and oppression. Sadly a large part of the Nepali Army and Police come from the same patriarchist mindset and the limited noise made by the higher ups in the constabulary or the army are usually ignored by the foot-soldiers who continue with their campaign of abuse and violence. They also derive their impunity from the fact that every time any violence or violation is brought to the notice of the authorities, are consigned to the dustbin and no action is ever taken against any police or army personnel. They therefore continue to feel that they are above the law and can therefore target the Métis as they please.

The government of Nepal by its inaction is abetting this process and is clearly in violation of the commitments that it has made internationally for the protection and promotion of Human Rights of its citizen subjects. Given Below is a list of some of the oppressive activities in the last year against Métis that clearly show a pattern of abuse and violence, impossible without government omissions towards its responsibilities, often with active government participation [not in chronological order]:

1] On the morning of 1:30 am, 5th Feb 2004, in Sundhara area near Babylon disco club: Violence by a man who seemed to be from the armed forces against a group of Metis including assaulting some with a knife. All the Metas decided to write complain and approached Durbar Marg Police Station. The police, also, refused to file a complain saying Sundhara is NOT their area and Metas were suggested to go to the Jana Path Police station. But in Jana Path police station turned even worse,
the police there abused all the Metas and alleged them to go away.

2] On the early morning of June 1, 2004 about 3:30 am 3 Metis (cross dressing males) named Joshma, Rupa and Jaya (named changed to protect their identity) age 31, 22 and 32 were having snacks in Oriental Restaurant, from where they were picked up and forcefully taken to the White Lotus Guest House, where they were raped. A complaint was filed and the police arrested two of the rapists s they were drunk. Case of rape is still pending. Progress unknown.

3] 28th April 2004, at 6:45PM in Pashupati Temple area, Amrit Adhikari, field staff of Blue Diamond Society, while doing his duty, which is educating men on HIV/AIDS, safe sex and distributing condoms was assaulted by a man known as Haddi Kale. Amrit was kicked on his back, punched on the face, his safe sex education kit bag was taken and all the condoms destroyed, then he was accused of damaging social morale by distributing condoms. Then Haddi Kale took his money, NRs 1500,
punched him again and forced him to leave the place saying that the stolen money would be enough for Haddi kale
for a week of drinks and sex. The Pashupati Temple area security personnel didn’t do anything except were a silent pectator. No one tried to help Amrit or stop Haddi Kales assault. Next morning, 29th April 2004, Amrit along with BDS representative went to the Gaushala Police Station, which is near Pashupati Temple, to file a case of assault. The police didn’t register the application saying that it was more important to capture the perpetrator rather than registering the application. So
two policemen, Amrit and myself went to Pashupati area to look for the ‘Haddi Kale’. The policemen pretended not to know him despite seeing him in the area. Amrit was so scared and thought if he identified Haddi Kale’ in front of the police, ‘Haddi Kale’ might kill him in future. He suspected that he would get not get any protection from the Police. Amrit didn’t identify Haddi Kale to the Police. It is later learnt that this particular criminal gives regular money to the police so that they keep turning the other way.

4] It was about 3:15am early morning 7th August 2004, JayaRam (photo attached) has his throat slit in a public area in Jamal, and his finger severed. He is admitted to emergency unit at the Bir hospita near by. The Police were called. Other Métis report to BDS that a group of persons had threatened them with violence at the same area as well that night at about 1 AM.

5] July 2004: a writ is filed by a lawyer in the Nepal Supreme Court against the government of Nepal, claiming that it is violating Nepali Law by allowing an organization like the BDS to exist in Nepal, and claiming therein that homosexuality is against Nepali Culture. The writ is pending.

6] July 2004: The police baton charge a peaceful demonstration of Metis organized by the BDS to protest the continued oppression of Metis and the government inaction. Many are injured.

7] on the night of 9th August 2004, at 10.30 PM, as a reaction to the outcry on the attempted murder of a Meti and the continued oppression against them that the government does very little to check and control, the Nepal government reacts by arresting 39 members of Blue Diamond Society, who were taken to Hanuman Dhoka Police Station, center of
investigation in the heart of Kathmandu. They are still detained at the time of this posting, and have not been given either food or water and have been treated inhumanly without having any faults. It is a classic case of the government trying to impose collective punishment against a whole segment of the citizens in violation of all international law standards.

What is mentioned here is just some of the abuses that have occurred recently. BDS has a whole list of such abuses that it has recorded over a period and it all shows a pattern of abuse.

The Nepali Government needs to act up and stand up to its commitments towards human rights. The addresses in the ‘To’ field of this letter belong to the Ministry of Foreign affairs of Nepal, the Ministry of external Affairs, the Ministry of Home [internal/security] affairs, the ministry of law and justice, and the Director of Nepali police respectively. Also provided at the end of this mail is a list of Nepali Government Functionaries with their contact details. Some do not have any e-mail. Please fax them you protest. Please write in your protest letter to these authorities and ensure that they treat all Nepalis
including Métis with the dignity they deserve and protect their Human rights.

This is a matter of grave concern. Some of you have the power to ensure that the situation changes. Those in the media can create the necessary impetus by publicizing this. Those with international agencies having influence over the Nepali Government can call the government to account. The office of the UN-OCHCR can take on this matter and call on the
government of Nepal to task. This letter is an appeal to all to do whatever you can to help.

Thank you and best regards

Aditya Bondyopadhyay

Nepali Government Contact List
  King of Nepal:
  Office of H.M. the King
  Narayanhity Royal Palace
  Durbar Marg
  Kathmandu, Nepal
  Tel : 977-1-413577 ; 227577
  Fax : 977-1-227395 ; 411955

Prime Minister:
  The Office of Prime Minister
  Singh-Durbar, Kathmandu, Nepal
  Tel : 977 1 227955
  Fax : 977 1 227286 or 428570

Ministry of Foreign Affairs
  Shital Niwas,
  Kathmandu, Nepal
  Tel: 009771-416011-15 / 416002
  Fax: 009771-416016
  E mail: mofa@mos.com.np , nep@mofa.mos.com.np

Ministry of Law and Justice
  Mr. Mahanta Thakur
  Kathmandu, Nepal
  Tel: 220386/ 220621
  Fax: 220684/ 224633

Home Minister:
  Govinda Raj Joshi,

Minister of Home Affairs (As of July, 2000)
  The Office of the Home Minister
  Singh Durbar, Kathmandu, Nepal
  Tel : 977 1 224737
  Fax : 977 1 227187 or 977 1 241942
  HYPERLINK "mailto:moha@mos.com.np?SUBJECT=Information"moha@mos.com.np

Foreign Minister:
Chakra Prasad Banstola

Royal Minister of Foreign Affairs
  Kathmandu, Nepal
  tel : 011 977 1 416011
  Fax : 011 977 1 416016

Minister of Law and Justice:
  Mahanta Thakur (7/00)
  Prem Badhur Singh (97)
  Singh Darbar, Kathmandu, Nepal
  Tel : 011 977 1 220987
  HYPERLINK "mailto:molaw@wlink.com.np"molaw@wlink.com.np

Attorney General of Nepal:
  Kumar Chudal (99)
  Office of the Attorney General of Nepal
  Singh Darbar, Kathmandu, Nepal
  Tel : 977 1 227197
  Fax : 977 1 227282

Inspector of General Police:
  Mr. Ram Kaji Bantawa?
  Mr. Achyut
  Krishna Kharel (2/00)

The Inspector General of Police
  Police Head Quarters
  GPO box 407
  Naxal, Kathmandu, Nepal
  Tel : 977 1 411210
  Fax : 977 1 415594 or 415593

Dept of Jail Administration:
  Krishna Prasa Sharma (99)
  Baneshwor, Kathmandu,Nepal
  Tel : 977 1 471307

Narcotic Drug Control Law Enforcement Unit:
  Keshav Prasad Baral (99)
  New Baneshwor, Kathmandu, Nepal
  Tel : 977 1 482 187
  Fax : 977 1 496 578

Dept of National Investigation of Crime:
  Chief Govind Karma Thapa (99)
  Singha Durbar, Kathmandu, Nepal
  Tel : 977 1 224 559, 242592

Special Police Dept:
  Chief Officer Madan Bahadur Pandey (99)
  Singha Durbar, Kathmandu, Nepal
  Tel : 977 1 227096, 417486

Secy. of Communist Party:
  Madhav Kumar Nepal
  His Excellency (HE) Mr. Madhav Kumar Nepal
  General Secretary Nepal Communist Party
  Kathmandu, Nepal

US Ambassador to Nepal:
  HE Mr. Ralph Frank
  US Embassy
  PO Box 295
  Panipokhari,Kathmandu, Nepal
  Tel : 977 1 411613, 411179, 412718, 413661
  Fax :  977 1


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