Second Draft Not for Circulation

Building the Evidence Base for Protecting and Promoting the Rights of Lesbian, Gay, Bisexual, Transgender, Intersex (LGBTI) children in Nepal

An assessment

Save the Children

Prepared by Mahesh Sharma May 2012 Building the Evidence Base for Protecting and Promoting the Rights of Lesbian, Gay, Bisexual, Transgender, Intersex (LGBTI) children in Nepal

Prepared by: Mahesh Sharma

This assessment has been financed by support from the Norwegian Ministry of Foreign Affairs Grant

ISBN: 978-9937-8401-4-9

The views expressed in the report are those of the author and do not necessarily reflects the views of the Save the Children

Published by:

Save the Children, Nepal country office Airport gate, Kathmandu GPO Box 3394, Kathmandu Phone: +977 1 4468131 Fax: +977-1- 4468132 E-mail: [email protected] www.savethechildren.net Contents

Table, figures, case studies Building the Evidence Base for Protecting and Promoting the Rights of LGBTI children in Nepal

Executive summary

This assessment aims to generate knowledge and understanding about Lesbian, Gay, Transgender, Intersex (LGBTI) children (under the age of 18) and explore rights infractions1 faced by them. Based on findings, the assessment also presented recommendations to protect and promote the rights of LGBTI children in Nepal. Qualitative research methodology was used with convenience sampling for data collection. Bara/Parsa, Sunsari and Kathmandu districts were selected as data collection sites and in-depth interviews with LGBTI children (20 children), key informants interviews with gate keepers, policy makers, parents (25 gate keepers) and focus group discussions with non LGBTI children (six groups) used as tools for such data collection.

Main findings of the assessment The daily life of LGBTI children is similar to non LGBTI children in many but all LGBTI children are always worried that something might happen to them directly as a result of their sexual orientation or gender identity. Stigmatisation, harassment and discrimination are frequently experienced. LGBTI children are often a target for sexual exploitation and subjected to verbal abused.

Verbal abuse is common and often from the father, relatives, neighbours and other but less so from their mothers. Despite the worries and harassment on the whole, LGBTI children are relatively safe and secure while staying with family where they are largely protected from sexual exploitation, financial extortion and physical threats experienced and as compared to those who have left home. However it needs to be noted that a significant reason for LGBTI children running away from home are uncaring family behaviour, excessive pressure for marriage and continuous scolding and harassment. One of the most common sources of considerable conflict and tensions for children and their families is the expectation of marriage. For many, this is the primary reason for leaving and staying away from home. Family and relatives were not a supportive network for many. There is a tendency to ignore them, and discouraged the LGBTI children to visit them, and often give pressure for marriage. Social harassment was so intense that a family had to leave the village they were living.

Many LGBTI children are prevented from completing their studies. They are exposed to various threats, bullying and neglect from fellow students and teachers alike. However, some teachers seem to be attempting to understand the issues and challenges for their LGBTI pupils. They are put in many restrictions in the school like what to wear, where to sit, how to talk with other etc. Transgendered pupils appear to face more problems than LGB children. LGBTI children have attempted one or another type of activity (self-laceration, attempt of suicide, not eating) to self harm themselves as a response to frustration, anger, and helplessness due to stigma, scolding, teasing and other social pressures.

1 International human rights instruments and Yogyakarta principle summarises that LGBTI people have the same rights and are to be rerated with the same respect for their integrity and entitlement to make their own choices as well other people. Any denial of same rights as other people by state party or non state party is the infraction of their rights.

[4] Building the Evidence Base for Protecting and Promoting the Rights of LGBTI children in Nepal

The majority of LGBTI children appeared to have limited social networks with friends and other LGBTI peers, family members and few are in touch with Blue Diamond Society and its regional offices. Few children have visited or sought support from other NGO or agencies regarding their specific problems related to sexuality and gender identity although there is presence of child clubs and organisations working in the field of HIV, health, community development and so on. The lack of participation by LGBTI children in child clubs and other activities is a lost opportunity for the LGBTI children and also lack of sensitivity in the part of the agencies supporting and promoting the child clubs and child rights.

Many influential people (politicians, bureaucrats, teachers) recognised the conservative nature of society that do not accept the LGBTI children and tend put sole responsibility to parents for this situation. While the need for parental responsibility cannot be ignored, the authorities apparently are not accepting barriers that prevent the LGBTI children in accessing the education and other services. Denial of gender identity is common, people often see and recognise identity based only on biological sex – but not on non normative role. Few gate keepers including school teacher is on the impression that non normative behaviours of LGBTI children is due to hormonal imbalance (except intersex) that can be corrected if intervened at early stage.

Disclosing actual experienced identity (vs biological assignation) and sexual orientation is a complex and difficult process (even if undertaken) and more so for children. In certain extreme case they face physical assault and confrontation because of their non normative behaviours before they disclose their identity.

When they first realise their sexual attraction feelings or gender identity as being different than the existing social norms, they undergo series of psychological distress reactions. Most felt strange at first and often ask themselves why it is happening to her/him only. The majority also felt frustrated, scared, and try to suppress their feeling and behaviours related to non-heterosexual and non gender binary sexual orientations and gender identities.

Many bureaucrats and politicians felt that disclosure and identification (i.e. actual number of LGBTI people) is necessary for programmatic intervention. This puts activists and service providers in a complicated situation: without more inclusive programs, fewer people are likely to open up and counted as part of the LGBTI population.

No major health problem indicated therefore there is no obvious need to visit health facility but LGBTI children often expressed their fear in case they need to visit health facility due to the attitude of health worker and fear of disclosure of their SOGI. The knowledge about HIV is reasonably good, but knowledge about STI is poor.

There is general ignorance about child rights, but those who had expressed their understanding on child rights ranged widely. While children are getting food, shelter and family love (to quite a few), the right to take decision regarding sex and marriage appeared grossly violated.

Confusion exists on the role of government officials on LGBTI issues and on initiating local level activities including issuing citizenship papers to LGBTI people (particularly to the

transgender) that are reflective of their true identity. Many did not see opportunity at the local level where additional resources are not needed, but some clearly see it. There have been some bold decisions in allocating resources and issuing citizenship papers, but there is a pervasive attitude at the bureaucratic level that ‘it is someone else’s responsibility’ and ‘I have not seen it-therefore there is no problem’.

Despite hardships and strenuous daily life, LGBTI children are quite resilient, have developed skills in managing discriminations and prejudices, and generally have positive outlook to the future.

Major recommendations Right to protection: Organise training and orientation for law enforcement authorities (police personnel at the centre and district level), school teachers, NGOs and social leaders who can protect the children from hate crime and other form of sexual and domestic violence as well as sensitively handle the case (e.g. hate crime, sexual exploitations) regarding LGBTI children.

Right to protection: For many NGOs and INGOs who have programme on child rights and child protection, the issue of LGBTI should be integral part of such interventions.

Keeping in view of high demand from LGBTI children, provide support in expanding their social and community networks, create self help groups and provide Income generation opportunity and trainings to older LGBTI children once they complete their school education.

Rights to education: Education authorities must take a nuanced and critical view of the reasons for low school attendance and performance among LGBTI children, and adjust policies and practices accordingly to ensure schools are safe and inclusive spaces for all children including LGBTI children (as not all children will disclose).

Rights to liberty: Family is the most important and the first entry point for protecting the LGBTI children from discrimination and exploitation. Provide family counselling, family education and other supportive activities so that parents better understand the gender and sexuality issue, accept their children as they are and support them.

For obvious reasons, there is high expectation from Blue Diamond Society, and the role model of BDS is to be further capitalised. More specifically, the burden of addressing rights of LGBTI children should not be left only to BDS, but must be integrated in the program interventions of other child rights organizations in the country.

Additional: The current assessment was able to unpack some of the realities embedded around the issue of LGBTI. Building on the current assessment, a research with wider geographical coverage is recommended exploring deeper into areas like socio economic and cultural factors, employment and economic opportunity and causes and consequences of anxiety depression among the LGBTI and non LGBTI children.

Acknowledgments

First and foremost, we would like to express our sincere appreciation to all of the LGBTI (lesbian, gay, bisexual, transgender, and intersex) children who agreed to share their views, feelings and emotions with us and provide their views during interviews which lasted over two hours. We would also like to thank the parents of the LGBTI children, government officials, and school teachers, and political leaders for sharing their valuable views and experiences with us.

This assessment would not have moved further had it not been for the support of the Nepal Health Research Council and their approval to conduct the assessment. The assessment team sincerely thank their support.

In this process many individuals and organisations took deep interest, extended their full support, and provided guidance as and when needed. In this connection, we would like to appreciate the support from Guro Nesbakken, (Save the Children Norway Oslo) and Scott McGill (Regional Advisor, Save the Children USA, Bangkok).

Save the Children Nepal country office provided support required for the assessment, provided technical guidance and communicated with NHRC and other officials. As such, we would like to thank Brian J Hunter (Country Director), Udaya Manadhar (Deputy Country director), Tara Chettry (Chief of Party, GFATM Program)

The Blue Diamond Society team members were very supportive, without their support and collaboration this assessment would not have materialised. Special thanks go to BDS Executive Director Sunil Pant; field office staffs, Sanjay Sharma (Itahari), Pushpa Lama (Kalaiya) and Sandhya Lama (Birjung) for taking appointments to meet with key informants, identifying the LGBTI children for in-depth interview and providing other information.

Last but not least, the Assessment Steering Committee deserves special appreciation for their interest, technical guidance, and for providing additional support as and when needed from their personal or institutional capacity.

Assessment team Mahesh Sharma – independent lead consultant Lokraj Bhatta – Save the Children, Nepal country office Manisha Dhakal – Blue Diamond Society Pinky Gurung – Blue Diamond Society Bhumika Shrestha – Blue Diamond Society

June 2012

Abbreviations

BDS Blue Diamond Society (organisation working for LGBTI) CCWBCentral Child Welfare Board DAO District Administration Office (law enforcement authority, also issues citizenship papers) DCWB District Child Welfare Board DDC District Development Committee (local governance body) fg Feminine gay IBBS Integrated Bio Behavioural Surveillance Survey IDI In-depth interview KI Key Informants KII Key informants interview LGBTI Lesbian, Gay, Bisexual, Transgender, Intersex MSM Men who have sex with men NHRC National Health Research Council OW Outreach workers PE Peer Educator slc School leaving certificate (National examination) tm Transgender man tw Transgender women VCP Village Child Protection Committee wf With family (staying with family) wof Without family (staying alone or away from family) SOGI Sexual orientation/Gender identity

Introduction and context

The Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) population in Nepal has been invisible and marginalized for most of the country’s history. The LGBTI population consists of individuals who do not identify as strictly ‘straight’ or heterosexual, as well as those who identify with a gender other than the one they were assigned at birth. They may identify as male, female, third gender, gay, lesbian, bisexual, intersex, transgender2, or as a combination of these identity categories – or as something else. Despite a generally positive legal and political outlook towards the rights of LGBTI people in Nepal, human rights violations, stigma and discrimination, and sexual exploitation of this community continue to be reported to as widespread in the country (Bhandari R. R - BDS). Some LGBT children and young people may be forced to confirm to societal expectations by their family or may be forced to leave the home to avoid bringing shame on the family3.

IBBS study (2009) of Men having Sex with Men in Kathmandu indicated that among the respondents 12.5% were under the age of 20 and the MSM who were more than 25 years had a significantly higher prevalence of HIV than younger MSM (6.8% compared with 1.3%). Though to a lesser extent, this indicates the risk of HIV among the younger MSM.

In a landmark decision on December 21, 2007, the Supreme Court of Nepal ordered the government to protect and defend equal rights for the Lesbian, Gay, Bisexual, and Transgender community. Since 2007 citizenship certificates, which work as national identity papers, recognise the third gender. However, these decisions have not been fully enacted. In 2011, for the first time, Nepal officially included a “third” option in the gender categories in national census data collection sheet.

Almost all Nepali political parties have included provisions for equal rights for LGBTI people in their manifestos. Similarly, most of the former Constituent Assembly members have been sensitized to the issues of the community. The government annually earmarks funds to promote the rights and health of LGBTI people. But often such commitments and knowledge are not translated to meaningful actions. (Source: BDS personal communication).

Despite the achievements and successes in promoting and protecting human rights for LGBTI people, violence and harassment are still common. LGBTI people face violence of different nature and magnitude solely because of their sexual orientation and gender identity. Similarly, harassment, teasing and bullying of those perceived to not conforming the socially prescribed binary i.e. biological males or females who are attracted to the opposite sex gender roles is common. This can cause significant psychological trauma that makes the LGBTI

2 Annex 3: Terminologies used in this 3 Blue Diamond Society, 20 February 2004. Kathmandu, Statement on Sexual Orientation and Gender Identity. Kathmandu: Blue Diamond Society Press Release (cited in STC literature review – unpublished)

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population significantly more likely to suffer from negative health outcomes such as depression or suicide. Many cases of rights violation and its physical and psychological consequences have been reported and documented (Bhandari R.R – BDS).

Despite all these, very little is known and documented on the situation of LGBTI children under the age of 18 in Nepal. Child-focused programmes in the country have been able to unfold vast array of situation and challenges facing children and have effectively lodged the advocacy and other intervention to address the challenges. But in all this LGBTI are often not visible. In other words no specific efforts so far were made to research the lives of LGBTI- identified children.

Keeping in view of limited understanding and documentation available in the country, this assessment is designed with following specific objectives:

Assessment objectives  To generate knowledge and understanding about LGBTI children in urban and semi- urban Nepal;

 To understand the rights infractions faced by LGBTI children, and subsequent needs for support, protection and services; and

 To inform advocacy and programming initiatives by generating recommendations based on evidence to protect and promote the rights of LGBTI children in Nepal.

Methodology, sample and limitations

This is a qualitative assessment that followed Grounded theory methodology (Glaser & Strauss, 1967). Grounded theory research is concerned with constructing theory, rather than testing it (Glaser 2011). Each group of research participants interviewed embodies a new opportunity to develop and refine theory. Therefore a convenient sampling method was applied to select the districts and the respondents for the interview.

Sample A convenient sampling method was followed. Keeping in view of the objective of the assessment, Bara/Parsa, Sunsari and Kathmandu districts were selected because of following specific characteristics of the districts regarding the LGBTI population. The number of in- depth interviews was decided with the concept in mind to reach a theoretical saturation after which emergence of further additional information is unlikely from respondents.

Following four districts (grouped into three) were selected for data collection. Their characteristics are as follows. Presence of BDS office and networks was also preferred to facilitate recruiting the respondents and for better access for data collection.

Bara/Parsa Sunsari Kathmandu valley 1. Cross border issues (sex 1. Cross border issue 1. Capital city, primarily work in India) urban perspective 2. Represent Tarai 2. Mixed population 2. LGBTI from all over groups/ethnicity hill and Tarai (a flat migrate to Kathmandu – land across the country that provides rich and in the South bordering diverse experiences 3. Sizes of total MSM (not with India) groups official figure) – Bara 3. Sizes of total MSM 3. Sizes of total MSM (2674) and Parsa (1014) (not official figure) – (not official figure) – 4. Culturally and 4148 21906 traditionally transgender groups go to India for social 4. Culturally and 4. Community are more and religious performance traditionally transgender open in Kathmandu 5. High way district – high groups go to India for mobility, sex work social and religious opportunity as well as performance represents a semi urban 5. Highway district – 5. Presence of many views from a Tarai district high mobility, sex work stakeholders and 6. First time birth opportunity as well as organization that are registration of a baby as represents an urban and directly working for “intersex” by the District semi urban. human rights

Office

Minimum sample for in-depth interview, Focus Group Discussion In-depth interviews – 20 (5 less than initially planned) Focus Group Discussion – 6 (as planned) Key Informant Interview - 25 (5 more than initially planned)

Some variation from the initial sample was inevitable both in number of interviews and categories of LGBTI children. For example, key informants interview exceeded more than initial plan because of opportunity and interest of stakeholders to contribute on the issue and learn from the process, while number of in-depth interview was less than initial plan as desired number was not possible to recruit for interview. Among the LGBTI children, only one intersex person under 18 years of age was available to interview while the initial plan was to interview more.

Data Collection Recruitment of respondents was done through the outreach workers or peer educators working with BDS field programme offices in the identified districts which maintain regular contact with children and parents. To a limited extent depending on opportunity, IDI children were recruited through their own friend who was in contact with BDS Peer Educator. For key informants’ interview – people were met with prior appointment in the place they recommended (which happened mostly in their own office). Depending on the district- specific context and availability of key informants, some flexibility in terms of number and category of KI varied. However efforts were made to recruit KI of similar category in all three districts so as to maintain some degree of data comparability across the districts.

Data collection was conducted between March and May 2012

Data quality and Data analysis Data quality was maintained in all stages of assessment cycle. As such, the standard interview check list developed by Save the Children Vietnam, the other arm of the study was adapted to Nepal context – as Vietnam check list was more focused to street children. The check list was reviewed by research advisory committee before implementing it (Advisory committee meeting 3 January 2012).

A two day training programme was provided to BDS staff member who were assigned to collect, transcribe and type the data. During training, apart from theoretical concept on qualitative analysis, a longer practice session was organised so that field staff would develop skills in conducting an in-depth interview (a mock interview was organised), take notes and review it immediately after the interview, prepare proper note and finally transcribe/translate and type in the predesigned guideline format. A research consultant reviewed the data in the field after the completion of the interview, jointly reviewed and discussed with field staff about lessons, experiences, and issues faced during the interview with the purpose of clarifying the issues and improving the next interview process. A representative from Save the Children also observed field data collection process and gave feedback to assessment team as appropriate.

Data analysis was done primarily following the grounded theory methodology. Data collected during interviews were analysed manually using the Corbin and Strauss method (1998), which included both inductive and deductive method. Both the “open coding (in vivo coding)” and “constructed coding” were used to code the data. MS Excel was used for coding, key words sorting and keywords grouping for inductive and deductive analysis. First the qualitative data was transferred to excel sheet under the seven broader themes (“constructed coding”) apart from personal information and recommendations. The seven broader themes are 1) daily life, 2) social networks, 3) development assets, 4) identity, 5) stigma, 6) Rights, Reproductive Health and HIV, and Protection, 7) use of Services and contact with institutions. For this purpose, the in-depth interview guidelines were developed around those seven broader themes. Under the theme ‘development assets and stigma’ – some information was collected in rating scale format that can be analysed and presented in quantitative way. A numeric score was also assigned for each response – which was later analysed and presented in way that would add to the comprehensiveness and clarity of the particular theme.

The transferred data were coded using ‘open coding’ system assigning a most relevant key word/s that reflected the true meaning of the statements. To the extent possible, sentence by sentence coding was applied though the volume of qualitative data practically did not allow for completing sentence by sentence coding. To minimise the possibility of ending up with large number of ‘open codes’ or key words – the coding was revisited regularly and those codes or key words conveying similar views, concerns or expression were re coded. This process was repeated until no further recoding was possible or desirable.

Further analysis were carried out in a reiterative process looking at each broader theme and codes, counting the occurrence of particular codes or key words, grouping to see if new theme or concept emerge out and relating and interpreting those with other personal information. To highlight the gravity of certain theme or issue, lists of all key words in that particular theme are also generated and analysed (Key word table can be found in Annex 2: Key word table generated from qualitative data).

Ethical Concerns During the design and development of qualitative tools and guidelines, ethical standard guidelines and feedback received from National Health Research Council were considered in order to make tools and guidelines ethically correct. During the interview care was taken to maintain the ethical standards (SRCD 2007). The following key process were implemented

 Interviews of LGBTI children were conducted at the time and in the place where they felt most comfortable – which often happened to be at BDS programme office in the district. Interviews were conducted in separate room with no other person than required (i.e. a translator in certain case). Drinking water, tea and some sweets were offered during the interview. In certain instances local interpreter were used. School examination period (i.e. SLC – School Leaving Certificate examination) was avoided, therefore most of the interviews and data collection were carried after the SLC examination ended in March 2012

 Prior to interview, consent was obtained (both in IDI and KII) by reading out the purpose of the assessment, further explained if required and confidentially assured.  Similarly while conducting in depth interview, purpose was clearly explained, prior appointment was set so that the informants do not feel pressurised.  Photographs were also taken with consent. Some children did not feel comfortable therefore field team does not have full range of photographs.

Limitations Keeping in view of the objectives of the study, a convenient sample was used to obtain critical views from LGBTI children and the gate keepers from selected areas. Therefore despite the depth of information available, the findings cannot be generalised.

Utmost care was taken and effort was made to recruit IDI respondents from different age group and different category of LGBTI. But in most cases only those who were above the age of 16 years were available for the interview and desired number of all categories was also not available. Therefore views expressed here may not have reflected the common views of all categories and views of younger children (except one children of age 13).

The LGBTI community and their organisation Blue Diamond Society was a partner of the current assessment and was intimately engaged in all stages of the assessment i.e. recruiting the respondents, conducting in-depth interviews and key informants interviews and data transcription/typing as well as providing input in the report preparation, therefore there is some possibility of respondents’ bias and interviewers’ bias. Further, the children who are connected with BDS may be more assertive and confident than a child with no support from outside/network.

Findings (LGBTI children)

Respondents’ profile

Figure 1: Biological sex of respondents

Biological sex Intersex, 1, 5%

Female, 8, 40% Male, 11, 55%

Table 1: Sexual orientation Gender identity of respondents

SOGI Number % Gay 3 15 Transman 6 30 Bisexual 3 15 Transwoman 5 25 Feminine Gay 1 5 Lesbian 1 5 Intersex 1 5 Total 20 100

Table 2: Education and Ethnicity of respondents

Education Number % SLC 6 30 Below SLC 8 40 NA 6 30

Ethnicity Number % Madhesi 6 30 Baun/Chhtri 7 35 Janjati 2 10

Education Number % NA 1 5 Tharu/Chaudhari 4 20 Total 20 100

Experiences of LGBTI children

Daily routine LGBTI children expressed varieties of their experiences and feelings about their routine daily life. Those respondents living with family apparently experienced more structured and relatively easy daily life compared to those who are staying away from the family.

“I wake up at 6 in the morning, take a bath and drink tea. I take my lunch and go for the work as I work in the cloth store. Rest of the time I spent with my family” - A gay male age 13, from Parsa district (IDI # P1, Q6)

“ Generally, I wake up early in the morning. Freshen up, bath regularly in summer season and wash my clothes. Mother goes for prayer and put ‘tika’ after she finishes her prayer. I have my breakfast and lunch. In free time I meet my friends. I like to play football, kabbadi (local game that involves physical activities). About 3 months ago my father found a job for me. I go to work too. I work in Reliance. Have to manage time for work. Sometime need to work in the morning and sometimes in the evening time” – A transman aged 17, from Sunsari district, currently living with family (IDI #: S1, Q6)

The experiences of non LGBTI children were also found to be similar when it comes to daily routine. They also help in family chores, spend time with friends, watch TV and listen to music often in FM radio.

I regularly go to school, go Tuition, during free time I watch TV. P4: Meet friends and talk – FGD participant (boy) in Sunsari district (FGD #: FS_B; Q2).

P1: I like TV Serials especially the program called Hitler Didi. P2: I watch Star Plus, there is army and police program in NTV, I also watch that. P3: I watch Animal Planet, National Geographic channel. P4: I watch News Channel. P5: I like Cartoon – FGD participants (girls) (FGD #: FK-G; Q2)

The experience of children who have left home apparently is very different and more strenuous daily life. They are more likely to get involved into sex trade and exposed to number of exploitations and discriminations.

“It has been 2 years, I have left my home and has been staying in Kathmandu, cause it was really hard to stay at home. Here, police give a hard time; they come to my place for money. I become tired by work at day and when I have been working inside my room, clients come without information and it becomes really hard. Police has caught

me 4-5 times, and I have to pay money and come out” – A transwoman aged 16 from Kathmandu (IDI #: K6, Q11)

I love to watch Films, and listen to FM. I love to watch films during holidays, and there is no such time to watch TV. I listen to FM in mobile and listen to song – A transman aged 16 from Kathmandu (IDI #: K5, Q7)

Box 1: Case study – We have to move from our village

Another important aspect of routine work, particularly for those who are staying with family is engaging in household chores. Many children irrespective of their gender identity or sexual orientation often expressed that they support their mother in daily work. This is an indication of family bond, sense of engagement in useful work and promotes sense of belonging.

“I get up early in the morning; I wash my face, go to bathroom, and take tea. I help my mother in the morning in the household activities. Clean my room. After eating lunch I go to meet friends and rest of the time I spent with my friends” – a bisexual female aged 18 in Sunsari district (IDI #: S8, Q6).

Living condition and environment The majority of respondents were living with family, or some were staying outside but with family consent. Few respondents who have left home and staying away with family were purposely recruited for the interview.

While most children living with family are relatively safe and secure, the surrounding environment and behaviours of neighbours often made children feel as if they were living in a state fear. Almost all children interviewed worried that something might happen or go wrong with them because of their sexual orientation or gender identity.

“I have born in this place and been staying in this place. When I walk around I feel safe in this place, as my neighbours are also good. But the fear is what happens if they come to know about me” – A bisexual female (age 16) from Sunsari district (IDI #: S8, Q11).

“ I have been staying at this place from by birth; my father is a “Natuwa”- a local dancer at the village. There is always a fear, that someone might say something bad to me” – A feminine gay aged 17 from Sunsari district (IDI #: S5, Q11).

“It’s been one year and I feel it’s safe, as I am like a boy” – A bisexual male (age 16) from Parsa district (IDI #: P3, Q11)

It is revealing that scolding often happens to LGBTI children from everyone, from the father, relatives, neighbours and others; but never from the mother. None of IDI children, including those who have left home and staying alone reported having received any

scolding from mother. This is an opportunity for programme intervention at the household level where mother can play important role.

Gaurav (transman) used to love male dress, play male toys, interested in bikes and do all household works (washing clothes, cleaning pots and pan). We allowed him to do all he wanted do, never objected on his dress choice and other interest – a mother of transman in Parsa district (KII #: P1)

“I have born in this place. My family has been staying in this area. I really don’t like the place. My father keep on scolding me, and I am really afraid that something bad might happen to me. Also the villagers, shout and scold at me, when I am walking, which I really don’t like” – A transman living with family whose identity is known to all family members (IDI #: S2, Q11).

“From my birth time; I have been living in this place called Tribeni with my father and mother. Neighbours say, being a girl I behave like a boy, and they sometime spit on the floor when they see me, say shame! shame!, “Alachhini”- (most unlucky person), let’s not see her face. This makes me frightened toward them” – A lesbian aged 16 from Sunsari district (IDI #: S4, Q11).

For those who are staying alone away from family has quite different experience in where they live and the behaviours they receive from neighbours. They have to change their living place frequently, some time for the fear of family who may find their whereabouts or some time for the fear of harassment and extortion of money from police and other.

“It has been one year that I have been staying in this place. Before this, I used to stay in Lainchour. From there, once I wrote a letter to a girl friend. Her elder brothers found this and came to thrash me. Then I left that place too. I fear that people might say something bad to me. I have not told my family about this place, as they may find me again, arrange a guy for my marriage - the reasons I ran away from home” – A transman aged 16 in Kathmandu district (IDI #: K5, Q11).

“As I have mentioned above, some clients and police do force sex on me, and instead of giving money, they take my money” – A transwoman aged 16 in Kathmandu district (IDI #: K6, Q11).

Clearly, despite existence of some fear (often from neighbours) and discomfort because of their sexual orientation and gender identity, family expectations and social pressure LGBTI children felt safe and secure while staying with family where at least children are protected from sexual exploitation, money extortion and physical threat compared to those who have left home. But quite opposite, in extreme case the reason for LGBTI children running away from home are uncaring family behaviour, excessive pressure for marriage and continuous scolding and hatred received.

“After I left my house, I am out of contact with them. They even don’t call me back home. I know once I go back home, they will force me for marriage, and will never accept that. Even my neighbour and my society people said me Chakka and Hijada.

And because of all these, I don’t want to go home” – A transman from brhaman ethnicity aged 17 (IDI #: K2, Q19).

Rights to liberty

Family expectations, support and care One of the most common yet most disliked family expectations by the children is the marriage. Almost all interviewed children expressed that their family would like them to marry. For quite few children this is the single most reason for leaving home and staying alone away from home.

Marriage is one of the strongest social construct; almost all member of society see it as a destiny. In addition, earning for family support and studying well in school are other expectations of family that most children accept easily as part of their responsibility. As a matter of fact some children have already started working (in a factory, as a dancer, as a sex worker) and contributing to the family. The expectation of marriage is not only a matter of concern of the children, but also a source of worry to many families particularly for those who already know that their children have a sexual orientation or gender identity that is non- heterosexual or non-binary. The social construct and pressure for marriage is such that families often do not find good explanation for their relatives and neighbours for not getting their children married. It is not that children do not want to marry at all; many of them certainly would like to marry, but to the person of their choice, not to a person of the opposite binary gender as prescribed or expected by the family.

“Homosexuality is discarded by the society; therefore (you people) do not push the issue further. If everyone starts practicing homosexuality, how generation lineage is continued?” – a government official in Sunsari (KII #: KI-S2)

“My family wants me to be like a male and marry a female, earn in a proper way and look after my younger brother too” – A transwoman aged 15 in Parsa district (IDI #: P2, Q41).

“I used to stay with father, mother, elder brother and younger sister at home, but when they thought of my marriage then I ran away from home” – a transman aged 16 in Kathmandu (IDI #: K5, Q18)

The word ‘marriage’ generated wide range of responses, expectations and behaviours. Clearly, this is an indication of diverse dimension and gravity of issue that LGBTI children are experiencing in their day to day life regarding pressure for marriage. While marriage was the reason for leaving home to some, but for quite a few this is a difficult issue to respond and a matter of worry and fear as well as a disadvantage of being a LGBTI child. This has also raised concern of few on status of child rights and overall education of LGBTI. Some children even aim to be a social worker to address this issue along with other LGBTI concerns.

Food as basic necessity and rights of child Talking about food is great fun to many children who share so much of information about it, including who prepares it, how it testes, how many times they eat. But contrary to this, for those who had left home, talking about food in not a fun – it is something they do for basic survival.

“I eat three times a day. In the morning I eat pulses and rice, in afternoon I eat Chiura (beaten rice), fried potato and dinner at night. Mother cooks food at home. I spend my pocket money while eating outside. I work and earn money. I give some of my earnings to my mother and rest I keep it with me. I spend it when needed” – a transman (age 17) living away from home in Sunsari district (IDI#: S1, Q9)

But for those who are not staying with family experienced rather irregular pattern of eating which appears to depending on availability of money and free time. And talking about food is not a great fun, though they have certain preferences on the food they like.

“I eat at 12 around in the day, in the evening I eat light food and at 8-9 in the night I eat dinner” – A transwoman aged 16 in Kathmandu (IDI #: K6, Q9)

“When there is no money I eat one time and when I am at home I eat 2 times, when I am at work I don’t have much free time and also no money I don’t eat” – a transman living away from family in Parsa district (IDI #: P4, Q9).

Rights to education

Education Almost all interviewed children express their strong desire for continuing their education. Most feel that to fulfil their future goals, the continuation of studies is important. Despite such a strong desire quite few could not continue their study, while some are continuing it. For many LGBTI children, continuing their school education is not easy. They are exposed to various threats, bullying and neglects from co students and teachers alike. While some teachers seem to have gradually understood the problem of LGBTI children, some still feel that this is a problem that can be corrected and if not corrected they (the LGBTI children) may influence other student to behave differently as they do.

“On the suggestions of other teacher, as the head teacher I warned her to change her behaviour – or else I will transfer to another school - but no improvement seen. Teachers made fun of her and once put a bet on her if she is boy or girl. All her friends are boys and she does all the boys work (riding a pulsar motor bike) and very confident. Some girl student complained about her boys like behaviour – but later did not complain. Teachers were worried about her behaviour and thought that she might influence other girls (to behave like boy) too”- a head master in Kalaiya school.

“ In my own school, there are 2/3 boys child behaving like a girl. Teacher often taunted these children. We advised the parents about the behaviour so that there may be possibility of correcting this child. At the school the child was told not to ‘move hands’ too much while talking, not to laugh too much and not to speak louder (as boys

does). Punished couple of times – hand movement improved. There was similar case in a village – but did not continue the study. Yes, tighten up, control (their behaviour). If they really wanted to change – it is up to them” (KII: a school teacher in Bara)

Because of such attitude and perception of the school teachers, the LGBTI children often did not feel as if there was supportive environment in the school. Almost all IDI children have received some sort of threat, bullying and teasing with varying degree of intensity and frequency. They are put in many restrictions in the school on what dress they wear, which row they sit in, how they should behave and so on. On failure to follow the strict rules imposed on them, they get punished. Transgender appear to face more problems than their counterpart students because of their visible cross dressing and gender-variant appearance.

Box 2: Case study – I tried to kill myself

“No, as I was unable to stay at my home I left the school...... friends used to tease me and my teachers also scold me...... I want to go (to school), but now I cannot study” – A transwoman staying alone in Kathmandu aged 16 (IDI #: K6, Q78, Q79, Q81).

“My friends did a lot of teasing, and because of this, I could not study, but I really wanted to study up to Class 10- i.e. School Leaving Certificate” – A feminine gay aged 16 in Sunsari district (IDI #: S5, Q78).

“Till date, I have not faced any problems ‘cause I have not opened up (disclosed my identity) that is why (I have not faced any problem)” – a transwoman aged 16 (IDI #: S6, Q53)

“My friends and teachers used to behave me in a different way, as my teachers used to say boy or girl. Friends used to say, Chakka, hijada and they often ignore me. And they also threat me not to come back to the school until and unless I behave like a female” – A transman living away from family (IDI #: K2, Q 53)

The feeling expressed by LGBTI children regarding the treatment they receive in school is to a larger extent, reflected by the participants of a focus group discussion. While the participants did not have firsthand experience regarding LGBTI children, their perspectives and views reflect possible treatment that LGBTI children would face in school.

“These people are not in my school. If they were in my school, (I can imagine) that they would get scolding very badly if they did not complete their home work; they would not have any friends as everyone would have left them (ignore them); in school functions they would not have (opportunity to get) involved and would be left (them) in isolation” – FGD participants (girls) in Kathmandu (FGD #: FK_G, P1 - P2 and P5 nodded in agreement, Q12).

Social network The majority of children reported that they have good social networks with friends and get support from friends and family when needed. But for those who have left home, the support

they get is either from friends or their partners or the local BDS office. The majority of interviewed children have been to or heard about BDS. The assessment however did not find that children have visited or sought support from other NGO or agencies regarding their specific problems related to sex, sexuality and gender identity while there are number of NGOs and organisations working in HIV, health, income generations, child protections and other development activities.

Most share their feelings with friends, friends with same sexual orientation or gender identity and with the staff at local BDS office. Those who are staying with family reported sharing their views and feelings with mother and other family members. Despite such sharing practice and level of confidence, many children have not disclosed their sexual orientation or gender identity to the family members.

“ When I am sad I talk with my best friend, and I feel relief” – A gay from Parsa district aged 13 (IDI #: P1, Q32)

“I share with my sister and my mother at home, and I will share to my office sister - her name is Pushpa, and also I will share to my community friends who do well to me if any problem happens” – A gay from hill community in Bara district (IDI #: B1, Q20)

“ I have my friend and I will share with my friend. I also have friends in Blue Diamond Society - will share with them” – A transman aged 16 living away from family (IDI #: K5, Q20).

The majority of participants indicated that their family and relatives were not a supportive network. Relatives often scold the children for their behaviour, felt ashamed of and discouraged the LGBTI children to visit them, gave pressure for marriage and often ignored in social functions and gatherings. It is painful situation for many children. Society’s acceptance of LGBTI people is generally poor.

“ We had good relation before with our relatives. But after they dishonoured my parents and me by saying that I behave like a boy though I am a girl, no one is in contact with us. I don’t contact them and they also don’t care about us” – A transman aged 17 in Sunsari district (IDI #: S1, Q25).

A local a police officer explained the social perspective toward LGBTI people:

“Society is very conservative here. Often do not expose their child of such (LGBTI) character. ‘Khojwa’ takes away the child. Parents also agree as this is what have been the practices in the community for long. But so far no parents have lodged any complain about this in the police station” (KII #: KI-B2).

This view was echoed by a local political leader in Bara district

“ In most villages (cases) they are not able to continue education, society is not supportive. Education system does not discriminate, but it is the society that

discriminate these people. Transgender (women) are often used as dancer” (KII #: KI- B3)

But when identity and sexual behaviour is not known, relatives appear indifferent or at times have shown good attitude.

For example, a child whose identity is not known (by his/her family) reported:

“All do well and nice to me, as they don’t know about my sexual activities, in any of the functions and festivals they involve me, they demand and say I need to be good and become a good person in future” – A bisexual male aged 17, living with family in Kathmandu (IDI #: K4, Q24).

There is ample evidence that participation in child clubs and similar groups is an excellent opportunity for children to enhance their individual growth, learn team work, engage in civic education, and learn about rights and responsibilities. All of these activities contribute to developing a sense of belonging where children feel valued and appreciated.

Only one of the LGBTI children interviewed had heard of a child club in his/her area; (he/she) was not a member of the club. Despite presence of good numbers of child clubs in the area, (Sunsari - 376; Parsa - 632; Bara – 210, Source: Central Child Welfare Board 2011) LGBTI children were out of such network and opportunity. The lack of participation by LGBTI children is a lost opportunity for the LGBTI children and also an indication of lack of sensitivity in the part of the agencies supporting and promoting the child clubs.

Rights to protection

Stigma, discrimination, harassment and exploitation Stigma, harassment and discrimination are most common response that all interviewed child reported to have experienced in their life. While stigma, harassment and discrimination are most common to all LGBTI children, exploitation (sexual and other) is experienced more frequently by some particularly by those who have left their home and living alone. Harassment and teasing are most commonly experienced at school (both from teachers and fellow students) and while walking in the street. Scolding, in a sense of pressurising the child to change the habit is most commonly received at relatives’ house and at family. Such behaviours have been very painful to children and some could not tolerate it and left school.

“I have heard and felt inside me about the stigma and discrimination and it has given wound all over my heart. There were so much of painful words used to me” – A transman (age 17) living away from family in Kathmandu (IDI #: K2, Q56).

At the workplace one child reported his/her experience

“I am discriminated and accused in my work place also. “Being a girl she loves a girl has she gone mad", they usually taunt. They stigmatized saying that I am a real chhakka. Such type of incident often happens sometime in society, sometime in

family, sometime in work place. This is because I am different; probably other boys or girls don’t have to face this problem” – a transman from Sunsari district living with family (IDI #: S1, Q57).

Some community appeared more tolerant than other in terms of teasing and harassing the LGBTI children.

“When I walk on the street people say as “Hijada”, “Chakka”, “Mauga”. People of my own village do not do this kind of activities and (those) who tease me are the outside people” – a transwoman aged 15 in Parsa district (IDI #: P2, Q55).

LGBTI children are a target for sexual exploitation and subjected to abusive and derogative words and direct attempts of sexual exploitation.

“Yes, as they (male friends) hit on my breast- they come to kiss me, and sometimes kiss me, and I retaliated “Saaley (rascal) why you come to kiss me, why don’t you go and kiss other girls”, to them” – A transman aged 17 in Bara district who have completed SLC (IDI #: B2, Q59).

“My family doesn’t know about this, if they come to know they shout and scold at me. Some of the boys know (about me) and they black mail me (demanding sex) if I don’t allow them for sex or they will tell the family. When I agree for sex and they tell others boys too, and they also try to do sex forcefully. But when I do sex with them I take money” – A transwoman aged 15 living with family (IDI #: P2, Q48).

“Sometimes police and my clients do sex forcefully without giving me money, and when I deny they blackmail me by saying, they will tell other people or either lock up in custody” – A 16 year old transwoman living away from family (IDI #: K6, Q73)

Self harm and suicidal ideation and actions The majority of children interviewed have attempted one or another type of activity to hurt themselves as a response to frustration, anger, and helplessness due to stigma, scolding, teasing and other social pressures. Among those interviewed, they reported self-laceration, attempt of suicide (taking poison, jumping over the bridge), not eating, throwing utensils and personal items and staying isolated.

“Once I had cut my hand with blade because people called chhakka, hijra when I was walking outside. Due to frustration I even planned to committing suicide sometime” – A transman aged 17 who have completed SLC from Sunsari district (IDI #: S1, Q34).

“I jumped over the bridge nothing happened I fainted. I was in a party with my friends and they all teased me by saying “Hijada”, Chhakka” , “Mauga” and I felt embarrassed and did this” – A gay aged 17 in Bara district (IDI #: B1, Q34).

What to say, I myself took poison, and tried to kill, but nothing bad happened – A transman aged 17 in Kathmandu (IDI #: K2, Q30)

Some LGBTI children, however, report that despite stress related to their SO/GI, they do not hurt themselves or attempt suicide.

“ No. When I feel sad, I feel like why was I born? But I don’t harm myself, why should I harm when people say bad on me” – a 18 years old transman (IDI #: S2, Q34).

Stigma index Respondents were asked to give their experiences of stigma in Likert scale (never, once, a few times, often) on 12 key indicators. Each response were given score (never =0; once = 1; a few times = 2 and often = 3) for ease of graphical expression – higher the score higher the stigma experienced by the individual. Similarly, the score was arbitrarily grouped into three category (0-9 = low stigma; 10-20 = moderate stigma; 21 above = high stigma).

While there are wide variation of intensity and frequency of stigma experienced by different category of children, there is common pattern visible in some indicators. All interviewed have expressed one or other kind of stigma experienced almost routinely in their life. Majority of children often faced gossip, teasing, calling names; verbal insults and force to marry against will. The family expectation or pressure to enter into a traditional, heterosexual marriage is cited as the most disliked form of stigma and social pressure among LGBTI children.

Figure 2: Most often faced stigma

Most often faced stigma 14

The data shows that those who have left the home or are staying away from the family have experienced higher degree stigma than those children who are staying with family (Figure 3).

Figure 3: Stigma felt by LGBTI children by family status

Stigma felt by LGBTI children by family status Clearly this is an indication that when

f children leave home they are exposed to

w High f o High various abuses in absence of a supportive w f o High mechanism or their own social network to w f

w Moderate protect them from such abuses and f o Moderate w misbehaviours. However, it should be noted f o Moderate w that for those who have left home one of the f w Moderate reasons for leaving home is stigma and f

w Moderate

f discrimination received at home.

w Moderate f

w Moderate It is noteworthy that generally transgender f

w Moderate children experience the highest rate of f w Low stigma (Figure 4). This is primarily due to f w Low their visibility of cross dressing and non f

f normative gender behaviours (i.e. refusal to

f conventional marriage, not undertaking w Low f

w Low conventional social or family roles). This is f

w Low further completed by the “confused state of f w Low mind” of many children who often has 0 10 20 30 unanswered questions like, why this has happened to me, why I am feeling so strange, why I am looked at differently, why my feelings are not understood and so on.

Since every individual has specific ways in which they respond to or react to specific episode of stigma, the interpretation of stigma index must be done with caution. For instance, teasing and bullying in schools was felt very intensely by IDI # S6 (quoted above in the text) that he left the school, while for ID# B2 (quoted above in the text) was able to tolerate the teasing and physical assault at the school and complete the school. Nonetheless, it can be concluded that any stigma is a stigma to be stopped.

Figure 4: Stigma index by sexual orientation/gender identity

30 Stigma index by sexual orientation/gender identity

20 x e d n i

a 15 m g i t S

0 b b b fg g g g i l tm tm tm tm tm tm tw tw tw tw tw Sexual orientation/gender identity

Identity and disclosure One of the most complex issues with LGBTI children is identity (including self awareness) and disclosure. Transgender children appeared to have experienced their non-binary gender identity behaviours from an early age. When they first realise their sexual attraction feelings or gender identity as being different than the existing social norms, they undergo series of psychological distress reactions. Most felt strange at first and often ask themselves why it is happening to her/him only. The majority also felt frustrated, scared, and worried that something might go wrong with them if their feelings and behaviours were to be discovered by family members and others in their society. Because of such concerns, most try to suppress their feeling and behaviours related to non-heterosexual and non gender binary sexual orientations and gender identities. This assessment indicated that disclosing the identity and sexual inclination has not been easy process to the LGBTI children. In certain extreme case they face physical assault and confrontation before they disclose their identity.

“After that fight (on the issue of girl friend), I confronted and disclosed that I am like this and I have a (different) feeling” – An 18 years old transman in Sunsari district (IDI #: S2, Q50)

For many transgender people, their interest in cross dressing and engagement in non- conventional gender roles were noticed by their parents at an early age. For parents also their child’s cross dressing interest and getting involved in non conventional gender role at an early age was a fun therefore did not normally oppose such behaviours (Box 3).

“Since my childhood I felt doing works that are supposed to be done by boys. I played football, took cattle for grazing and so on. I never wanted to do works generally done by girls. I always like to wear male clothes.” – A 17 years old transman from tharu community (IDI #: S1, Q38)

“At the age of 13/14, I realize this. At first I felt really strange and I was scared. I used to think why this is happening to me only” – A transwoman aged 16 in Sunsari (IDI #: S6, Q46).

“I feel really frustrated sometimes, and I blame god for creating me like this, I feel really bad when my teachers and my friends tease me at school” – A transman in Bara district (IDI #: B2, Q40).

And some positive feelings for being able to take up ‘males’ role

“I feel proud, that being born as a girl I do things like a boy” – A transman in Sunsari (IDI #: S2, Q39)

Issues of disclosure and identification for programmatic intervention as expressed by a local bureaucrat indicate another level of complexity for programmatic intervention and resource mobilisation.

“Identification of LGBTI is problem. Children cannot identify themselves. Problem is hidden – which is a problem in itself. No visibility because there is no sizable number. Our society is generally conservative – high among Bahun community and less conservative among ethnic and janjati – A government official (KII #: KI-S5).

Many bureaucrats and politicians felt that disclosure and identification (i.e. actual number of LGBTI people) is pre condition for programmatic intervention. This puts activists and service providers in a complicated situation: without more inclusive programs and practical implementation of equal rights for LGBTI people, stigma and discrimination can be expected to remain high, which will likely result in fewer people being openly counted as part of the LGBTI population; however, according to government officials, creating more inclusive programs and practically implementing equal rights might require a population size estimation as baseline data.

“Situation not clear, head count is needed to find exact number. District Child Welfare Board can collect information (obtain actual number of LGBTI children) through Village Child Protection Committee. This is not a priority issue for DDC to allocate any resource” – A government official (KII #: KI-K1)

Identity and disclosure generated highest number of diverse key words related to actions, feelings and other. The diverse words used by the children to express their views related to identity and disclosure clearly indicates the complexity and importance of the issue (Annex 2: Key word table generated from qualitative data).

This assessment indicated that despite number of difficulties and challenges, disclosure occurs in number of ways and stages.

a. The most obvious one is for those who had been practicing non binary, non normative gender behaviours from childhood i.e. cross dressing in the case of transgender, the kind

of friends they choose and go along, is generally noticed by the parents, schools teachers, and others who with often strong rejections and opposition take it for granted (KII #: KI- B4; KII #: KI-S8). b. For those who do not practice non normative gender behaviour visibly at early stage, but develop special sexual attraction of non normative nature (i.e. homo sexual attraction) at later stage around age of 13/14 or above is noticed by the family members and other accidently (IDI #: S2, Q50 – as cited above). c. For those who maintain their identity hidden with family and society, often disclose their status with their close friends, friends of same community, with staff of BDS. This is most common form of disclosure observed in this assessment.

Box 3: Case study – As if forty kg weight is lifted off my head

As if Forty Kg weight is lifted off my head (एक मनक भर बशए जस भय) (Dilmaya Rai: Mother of a transwoman (Haansposa, Ithairi) May, 2012)

“We were advised by the local people to take her to BP Memorial Hospital at Ghopa Camp Dharan for mental disorder treatment after all other efforts, shaman/traditional healers, priest and fortune teller - failed. She was admitted in mental ward by a psychiatrist and treated for mental disorder (दमगक ख) for four months” Dilmaya told the story about her child with remorse feeling. Shubhas (now Subikha) was born 18 years ago as a male child. From very early age Shubikha used to love her sisters’ dress, mother’s sari and like dancing. She used to demand toys normally preferred by girls like dolls. Initially it was a fun for everyone therefore no one gave any particular attention to this behaviour. When she started to grow up, this behaviour became much more prominent. She preferred doing (and often did) all household chores that a woman (by normative cultural standard) is supposed to do, but was not interested in doing ‘outside work or more male- identified roles. She was admitted in the school where she has only girls as friends and not interested in boys at all. Family members forced her not to wear ladies dress, and at time she was beaten too for this behaviour. “But we should not have stopped this – as this might have caused her dissatisfaction and distress” – mother reflected back with a tone of repentance on family coercive behaviour.

In the school also she was punished several times for behaving like a girl and often bullied by co students. She was not a fast learner, required repetition and reminding about the lesions and homework. “It became worse after treated for mental disorder”. She wanted to put on girls uniform otherwise refused to go to school. After long consideration, parents and school teacher allowed him to wear girl’s uniform in the school and allowed to sit/stand in girl’s row.

While being treated for mental disease at Ghopa hospital, fortunately few outreach workers from BDS heard about it and visited me. When I told the full story, they advised me to immediately stop the treatment, take her back home and consult the BDS team at Ithari. I followed the advice and immediately withdrew the treatment and visited the BDS. Then only I realised that such things happens to many other children and it is just natural. After meeting the people there and talking with BDS – I was relieved as if a forty Kg weight is lifted off my head (एक मनक भर बशए जस भय). It took

almost twelve years for me to relieve from this tension.

She has two brothers and one sister (already married). Father and other family were not happy at her behaviour, but now after meeting people at BDS, the family members have accepted him as a girl. All family members now repented on what they did to her. She is now in class 8 (actually should have completed the school) and hopefully will complete the school.

After the treatment she became slower and more forgetful. But her interest in dancing and painting is very high, she also talks to be a model, but due to, financial condition we cannot afford to send her to painting class and buy panting gadgets. I would be happy if she could learn some skills and capable to earn her living. Getting married and settling a family is out of question now. (Photograph was taken with permission of both mother and daughter)

Knowledge on rights and protection

Rights and rights violation Quite a few IDI respondents expressed their ignorance about child rights, but those who had expressed their understanding on child rights ranged widely. While children are getting food, shelter and family love (to quite a few), the right to take decision regarding sex and marriage appeared grossly violated. Almost all children interviewed has birth registration and except two all are in process of acquiring citizen ID papers once they reach their age of 18. As discussed earlier marriage is something almost all interviewed children took as family imposition against their interest.

“I don’t know about Child Rights and I have not heard of it. But I am getting food, place to stay, family love, work to do. And I think I have got everything” – A male gay (IDI #: P1, Q60, 61).

“I have not got child rights, except place to stay and food to eat. From my young age I have been working, be it dance or sex work. People tease while walking on the street calling names like “Hijada”, “Chaaka”, “Mauuga”, and people do sex forcefully while I am dancing” – A transwoman from Parsa district (IDI #: P2, Q61).

“Yes, I have heard of Child Rights, as it means the rights supposed to be get by the children like studying, love of parents, to play, to go out, to get food to eat, as all kinds of rights” – A male gay in Bara district (IDI #: B1, Q60).

“I am getting right to study, right to eat. But time and again there is pressure to get married with a man” - A lesbian in Sunsari district (IDI #: S4, Q61).

One transgender girl staying away from family reacted strongly in a sarcastic tone

“No , I didn’t get chance to study, didn’t get love, no work, I am working as sex work due to my (economic) conditions, there is harassment from police, people, clients, what kind of rights we are talking about?” – A transwoman in Kathmandu staying away from family (IDI #: K6, Q61).

The view of police officers is also similar. One police officials cautiously admitted that police behaviour is not always friendly to LBGTI people.

“ Identity issue is there – particularly for those who are exposed. This looks more complex outside Kathmandu. It is often reported that the police behaviour has not been good towards these people. Social values and norms also influence the police behaviour. Such things take time to change” (KII #: KI-K4)

A rather conventional gender binary view is quite common among many of the key informants interviewed. Denial of gender identity is common, people often see and recognise identity based only on biological sex – but not on non normative role. This is the crux of the issue from where violation of rights starts. Given such strong views, accepting same sex relations by the society as normal sexual behaviour is difficult and challenging. Moreover, quite of few gate keepers interviewed is on the impression that non normative manifestation is due to hormonal imbalance (except intersex) that can be corrected if intervened at early stage. Some also believes that increasing number of LGBTI and non normative behaviour is a result of western influence and propaganda while there many people who believe that it is just a natural process – though not very commonly occurring in the society.

Government officials remarked;

“ It is often blamed that LGBTI is provoked by some donors and pressurising government to allocate fund for these group” – An official in Sunsari (KII#: KI-S10).

“ One sector’s understanding (i.e. medical) alone cannot address the problem of LGBTI. Sexual role (not gender) and thereof discrimination (in positive sense) is natural - behaving according to their natural sex is normal” (KII #: KI-S5)

Another official presented a view that LGBTI manifestation is a problem that can be medically corrected

“ Parents can make early diagnosis and get medical support; they should be made aware about this” (KII #: KI-P2).

Right to health

Knowledge and practice on health, HIV, drug use Almost all interviewed children expressed that they are generally healthy except some common ailments like common cold, upset stomach occurring occasionally. For most children mother took care of them whenever they were sick, but for those who have left home friends are called in when needed.

There are quite mixed responses on knowledge about HIV and STI. While the knowledge about HIV is reasonably good, surprisingly knowledge about STI appeared poor among majority of IDI children. Many are aware that HIV infection can be prevented by practicing safe sex. But those few who have sexual relations, condom use is inconsistent. Of the twenty LGBTI children interviewed, fifteen have had already established sexual contact.

“When I do sex with my boyfriend he puts on condom but other boys do not when I say to put on they don’t agree with me” – a transwoman living with family aged 15 (IDI #: P2, Q71).

Most of the participants reported that they are not using hard drugs (except two persons), do drink alcohol occasionally, but reported that their friends do use either hard drugs or alcohol or both more regularly.

Strengths and assets of LGBTI children Despite continuous exposure to teasing, scolding, bitching, hatred and exploitations, most of the LGBTI children exhibited strong sense of belonging, integrity and self confidence. Almost all those who are staying with family found the role given to them is useful and they enjoy doing it. Few, particularly the transgender children however were not happy as they are often assigned and treated within a conventional gender role of male or female.

“My father gives me responsibilities like cashing the cheques from Bank, to buy the things, where as my mother gives me responsibilities of cooking, washing plates. I enjoy cooking, shopping, and playing cricket” – A transman from Bara district (IDI #: B2, Q28).

I am given female roles and responsibilities (which I do not like), but not a male roles and responsibilities (which I like most) e.g. I am given inside house activities which are done by female – A transman from Sunsari district (IDI #: S2, Q28).

There are very high ambitions among the children as with any growing child – which is driving a force to them in their life, though many are not sure they will have success achieving it. Their future ambitions range from becoming a school teacher to social worker; health worker to police officer, becoming a model or dancer and some wish to go abroad to work as a cook. But for quite a few future is really worrying especially those who are staying away from home and do not have any family support.

“I feel tense about thinking about future. I feel when I am young I will get clients and can earn money but when I get old, no one is going to come. For people like me (engaged in sex work), we are not going to have husband and children so there will be no one at our old age in future - no brother, no mother and father, no sister. Therefore I feel like I should earn a lot of money and keep for future – A transwoman from brhaman community in Kathmandu (IDI #: K6, Q35).

Another person who has also left home is confident about future and relying on his hard working nature

“I can (achieve my goal), as I am hard working” – A transman in Kathmandu (IDI #: K5, Q36)

In order to assess the strengths and assets of LGBTI children, a set of 11 indicators was used with rating for each indicator (i.e. not at all or rarely = 1 point; somewhat or sometimes = 2

point; very or often = 3 point; almost always = 4 point). All the point is totalled and analysed. It is interpreted as higher the score stronger the individual asset (quality) and strength. The total score is arbitrarily categories into three (0 – 14 Low; 15 – 29 moderate; 30 and above High) and all respondents were group according to their individual score.

The grouping and graphical presentation shows that generally there are moderate to high level of strength and confidence among the interviewed children. In other words, majority have confidence, skills and ability to manage daily life and move ahead fairly steadily (Figure 5).

Figure 5: Strength and asset by category

Strength and assets

Moderate, 13

High, 7

Low, 0

The graphical presentation of this information also offered a holistic picture where a pattern is also visible. There is high response on accepting different people other than people with LGBTI manifestation. But interestingly this positive attitude of LGBTI is not reciprocated by other members of society – who often stigmatise and discriminate against LGBTI children. Similarly many feel safe and secure at home and avoid dangerous or unhealthy practices (Figure 6).

Figure 6: Strengths and assets

Strengths and assets (number in the bar is number of responses)

Given useful roles 6 4 7 3

Feel valued and appreciated 4 7 6 3

Resolve conflicts amicably 2 3 11 4

Accept different people 13 3 2 1

Feel safe at home 6 6 4 4

Express feelings in a positive way 3 5 12 0

Feel good about future 5 4 6 5

Build friendships with other 6 6 5 3

Avoid unhealthy things 8 6 5 1

Feel good about self 2 7 9 2

Feel in control future 5 4 6 5

Almost always Very or often Somewhat or sometimes Not at all or rarely

Findings (Key informants interview)

Understanding on LGBTI issue This section largely draws on the views expressed by the influential people. Some 24 individuals –representing government officials, school teachers, political leaders, and parents were interviewed.

The understanding on LGBTI identities and issues is generally poor among the gatekeepers interviewed. There are very strong views on biological sex as natural and other identity categories or expressions as unnatural and strong tendency to reject non normative (or non- binary) gender roles. While the majority of respondents had heard or read about transgender, gay and intersex, they expressed ignorance regarding the details of these identities. Many are aware about term ‘hijara’ but admitted that they had no opportunity to meet and learn more about them. Some reported a good understanding including the historical practices from the days of King Akbar the great (A.D. 1520).

“ There is natural difference (Male, Female, and Intersex) that we have been living with so far; therefore the person should be living as per the natural gift (i.e. biological sex). Otherwise we may lose our identity. We should not go against nature”- an government officials in Sunsari (KII #: KI-S5)

“During the period of the king Akbar the great (A.D. 1520), hijra had special place. The king used to take sword from hijra before departing for war as good sign. In old days kings used to have hijara (TG) in their palace. But now due to bourgeois views such tradition has now diminished and used only for dancing (though for good sign). Now they are backward, expelled from house and exploited” – a political leader in Bara district (KII #: KI-B3)

A majority expressed the need to have actual number of LGBTI in the country so that magnitude of problem can be measured. The ‘number’ is almost to a level of obsession to some who felt that unless there is actual number known programme intervention is not possible. Few strongly argued against this qualitative assessment as this does not produce number and percentage therefore identifying magnitude of the problem is not possible.

“Actual data is not available, no one has come with disclosure, but one or two cases of intersex are referred. Hospital has not registered such cases. “Burden in society is not known yet” (KII #: KI-S3)

“Yes, not much on LGBTI. Actual data is lacking. But DAO has not been reported any case of discrimination – may be (there is not discrimination) because of equal treatment” (KII #: KI-S1)

Confusion exists on the role of government officials on LGBTI issues and on initiating local level activities including issuing citizenship papers to LGBTI people that are reflective of their true identity. Many agree that current policies (child rights policy, non discriminatory clauses in the Nepal’s laws, education for all policy, and the 2007 Supreme Court decision regarding citizenship certificates) are applicable equally to all therefore there should not be any discrimination. However, application of such policies and directives is limited for various reasons.

While some of the government official amidst the legal battle has taken bold decision in issuing a citizenship paper to a transgender recognising as ‘third gender’, there is pervasive common attitude that ‘it is someone else’s responsibility’ and ‘I have not seen it-therefore there is no problem’. There is increasing opposition to sexual orientation discrimination, but subtle expressions of rejection toward LGBTI remains. Clearly there is a need for policy guidance and efforts in expanding the understanding on the use of existing policies and laws.

“ There are many policy and laws on child right protection in the country but the effective implementation of the policies are lacking and challenging. Regarding child right governance, in centre CCWB, DCWB, VCPC have responsibilities to coordinate to protect child right” a bureaucrat in Kathmandu (KII #: KI-K2).

“LGBTI is additional (extra) work for LDO. Whether you work or not in this issue does not matter. There is no specific responsibility for LDO in this issue, not in their TOR. Much of the work has been carried out in personal interest” – bureaucrat in Sunsari (KII #: KI-S9).

“ New citizenship act may have recommendations but what is the basis of identity? Everyone’s recommendations cannot be accepted. What should be the basis of recommending (for sex as male or female or third gender) for citizenship document?” – a police officer (KII #: KI-K4)

Government views on opportunities and policy options There are wide variations in understanding the existing and potential opportunities (particularly at the local level) and initiating activities that are possible at the local level. The views are often contradictory. While many see that existing policies are also an opportunity at the local level, but quite few expressed that unless there is specific guideline from their respective parent ministry, nothing happens at the district level. Almost all officials interviewed felt that opportunity means opportunity for resource mobilisation at the local level.

Many did not see opportunity at the local level where additional resources are not needed. But some clearly see opportunity at local level where extra resource is not required, for example, as expressed by two government officials – possibility of including LGBTI as a special agenda in their regular teachers (resource persons) meetings, offering a place in their

regular income generating training organised by women development section and so on. It appears that the most common attitude ‘it is someone else’s responsibility’ and ‘I have not seen it-therefore there is no problem’ has influenced the view here also.

“District Education Committee can help address this issue, but has not been discussed yet properly as there is no policy directive. LGBTI can be involved in DDC committee. (But should it be a) self initiatives of an official or policy initiatives? (KII #: KI-S9)

“ ...... (title/position hidden for anonymity) is to coordinate the programme in the district. If you bring the programme I can coordinate but I cannot do anything as we do not have resource. We do not want to beg the money from other departments (like DDC). No local system is possible for resource mobilisation” (KII #: KI-K1)

“ LGBTI rights should be included in the constitution. DDC can allocate resources during annual planning meeting. Proposal should come to this office. Ministry of women and social welfare should take a lead in this (in initiating proposal at the local level)” – a government official at Parsa district (KII #: KI-P6)

Discussion and conclusions

Following the UN Convention on Right of Child ratified by Nepal in 1992, series of policy and programmatic initiatives began in the country. This brought government and Non Governmental Organisations closer together to develop policy, programme and monitoring the children’s rights situation in the country. This was also an opportunity for many organisations to revisit their child-focused programmes in the light of new policies and international law. Large number of national and international organisations either provided funding or started to work with or for children at central, district and community level to promote the dimensions of child rights and protect the child from violence, exploitation, conflict and so on. Amidst all these encouraging development, the LGBTI population remained effectively invisible and marginalised for long, until 2001 when Blue Diamond Society was founded. Though primarily grounded in HIV/AIDS prevention and treatment, BDS’s broader work from the very beginning was also targeted at the promotion and protection of human rights of LGBTI people.

Nepal is considered an example for the world of comprehensively introducing a third gender category in its policy and legal documents (Michael Bochenek and Kyle Knight, 2012). Clearly the advocacy initiatives at the country level, supported by national and international agencies have begun to produce results. The challenge however remains as to reorient social attitudes and structures (i.e. marriage) in the long term while, in the short term, protecting children’s rights (including protection from stigma, discrimination, prejudice, and hate crimes) and improve access to education and other services for children regardless of sexual orientation or gender identity.

Right to liberty and freedom from inhuman treatment Family understanding, support and acceptance have significant effect on overall well being of LGBTI children and protection from stigma and discrimination. Lack of family support, not accepting the LGBTI children’s identities, and pressure for opposite-sex marriage are some of the reasons that LGBTI children to run away from home. The family expectation or pressure to enter into a traditional, heterosexual marriage is the most disliked form of stigma and social pressure among LGBTI children. While all LGBTI children are potential targets of hate crime, teasing and bullying, their ability to cope with situations arising from social hate and rejection appears to be better among those who are staying with family. LGBTI children are quite resilient and generally do have high level of personal strengths and confidence.

Another critical area where children require attention is in the area of protection from abuse and use of derogatory words in reference to LGBTI people. The research for this report has demonstrated that teasing, scolding, calling names are some of the common reasons that led children to drop the school, leave home, self hurting practices, mental distress and loneliness. This has further affected their personal growth and future prospects. In the core of all these is

unwillingness in the part of family and society to accept LGBTI identities including non- normative gender identity and behaviour. Therefore, from child protection point of view, the priority target of programme intervention should be the family (some of the example of intervention are; family counselling, good parenting education, scholarship to needy LGBTI children so that family do not feel over burdened).

The effect of advocacy initiatives in the capital appears to have had a positive yet limited effect at the local level in addressing day to day issue and challenges facing LGBTI people. While advocacy initiatives have created an environment where further initiatives have been possible particularly in initiating dialogue at various levels regarding LGBTI issue and mobilising resources, the daily lives of many children are only minimally affected. Many are still dropping out of school, taken away for dance (खजवइन), facing discrimination, and struggling to be able to earn livelihood due to lack of income generating activities and skills trainings that include the LGBTI population and are sensitive to this group’s particular vulnerabilities. Clearly, balance between advocacy and addressing day to day issue is needed.

Right to participation of LGBTI children is grossly undermined even by the child led organisations like child clubs. None of the children were member of any child club in their area. The lack of participation by LGBTI children is a not only a lost opportunity for the LGBTI children but also an indication of ignorance in the part of the agencies supporting and promoting the child clubs.

Stigma and discrimination Stigma and discrimination is most widely felt by the LGBTI children. Stigma and discrimination happens in all areas of their lives, including at home or at school, be it in the street or in other public places – and including the workplace. As a result, many LGBTI children cannot develop to their full potential. Most children have ambition for future and a will power to achieve it – but opportunity is limited as a result of gross ignorance among the development agencies, political leaders and bureaucrats. This is further compounded by the stigmatising and discriminatory attitude of society at large. However this stigma and discrimination it causes may not solely be attributable to sexual orientation and gender identity, and there is a need to explore multiple and mutually informing forms of discrimination, prejudice and exclusion, such as age, caste, and social status. But any stigma is a stigma to be stopped.

While the advocacy efforts have been able to sensitise the policy makers and bureaucrats, people often see and recognise LGBTI’s identity only from the perspective of biological sex or from gender binary lenses. In other words non normative role or non gender binary is not accepted. This is the crux of the issue from where violation of rights starts in its various form and magnitude. Nepalese society generally is conservative on sex and sexuality and has very strong norms and values around it. Attitude towards non gender binary role or non normative behaviour is even stricter. As such, accepting same sex relations by the society as normal sexual behaviour is difficult and challenging. Among many other challenges, obtaining birth registration and citizenship paper with the identity they wish (i.e. by third gender or intersex) is still a tough and time consuming process.

Right to education Attitude of school teachers is typically not supportive of LGBTI children. They feel that non gender binary and non-heterosexual identities are a problem that can be corrected, therefore tend to put all sorts of restrictions and often punished the children on failing to adhere to the restrictions. Unsupportive behaviours of teachers coupled with teasing and calling names by fellow students, contribute to poor school performance by LGBTI children, and some have even left the school. To respect and support the strong desire of LGBTI children to continue the education, schools can and should play an important role in creating safe and inclusive environments and supporting LGBTI children at school. But lack of policy directives coupled with disinterest and confusion among authorities in exercising the flexibility available at the local level has led to difficulties in ensuring rights and access to education and other services. There is prevailing attitude that parents do not send their children to school due to poverty and other family factor. Therefore they (teachers) tend to stress the lack of parental responsibility as a prime reason leading to children not going to school or completing their schooling. While the need for parental responsibility cannot be ignored, the authorities apparently are not accepting the school related critical barriers that prevent the LGBTI children in accessing the education.

Rights to health The assessment did not indicate any major health issue among the interviewed children, but there is general fear and disinterest to go to health facility for check up and treatment if needed in future. The reasons for disinterest and fear are attitude of health workers and possible disclosure of their sexual orientation or gender identity during check up and treatment at health facility. While health care providers have heard about LGBTI issue, there is general lack of critical understanding on the barriers to access to health service.

While the knowledge about HIV is reasonably good, apparently due to national HIV and AIDS interventions, but surprisingly knowledge about STI appeared poor among majority of IDI children. Of the twenty LGBTI children interviewed, fifteen have had already established sexual contact and condom use among them is inconsistent. Majority of interviewed children have somehow managed to get away from bad influences and substance abuse, but potentially they are at greater risk of getting involved in substance abuse because of likely peer pressure at certain point of time when they are in distress.

Opportunities While a policy and guidelines from central government are needed, there exist opportunities and flexibility at the local level in addressing the day to day issues of LGBTI children. For example, Local Self Governance Act (1998) allows the local authority (DDC) to allocate the resource and initiate activities targeting LGBTI citizens. There are number of activities in the field targeting children and young people (child clubs, leadership training, skills training, scholarship for deprived populations, and other programs that can be adjusted to be LGBTI- inclusive), broadening the scope and horizon of such initiatives through sensitivity would create an opportunity for LGBTI children to benefit from such interventions. Besides, the existing child protection policies and other policies should be applicable to all children equally irrespective of their sex and sexuality. There is no doubt that there have been some bold decisions in allocating resources and issuing citizenship papers, but there is a pervasive

attitude at the bureaucratic level that ‘it is someone else’s responsibility’ and ‘I have not seen it-therefore there is no problem’ that needs to be addressed through advocacy and sensitisation at the local level.

The government officials in particular expressed the need to have actual number of LGBTI in the country so that magnitude of problem can be measured. They also felt that unless there is actual number known programme intervention is not possible. Few strongly preferred quantitative assessment as this (qualitative assessment) does not produce number and percentage therefore identifying magnitude of the problem is not possible. There have been number of efforts in past in estimating the total size of MSM as part of national HIV programme, but an estimate that is acceptable to all is yet to come.

Despite hardships and strenuous daily life, LGBTI children are quite resilient, have developed skills in managing discriminations and prejudices, and generally have positive outlook to the future. These groups themselves in one hand are the targets of programmatic interventions but on the other are the opportunity and resources to change the social stereotype.

Recommendations

Rights and protection 1. Organise training and orientation for law enforcement authorities (police personnel at the centre and district level) who can protect the children from hate crime and other form of sexual and domestic violence as well as sensitively handle the case regarding LGBTI children. The police has special cell to look after the issue of children and women. Working closely with this cell will offer opportunity for lasting impact on the LGBTI children issue. 2. Many NGOs and INGOs like Save the Children have very strong programme on child rights and child protection, the issue of LGBTI can be integral part of such programme areas. In a practical line, nature of such programme can range from integrating LGBTI issue in teacher training activities, revising school curriculum, production and distribution of additional booklets, information materials to schools and so on. 3. Although the priority for children is to continue their education, given the poor economic condition and family pressure to earn, it is necessary to provide skills training and create opportunity for income generation so that they can earn decent living – which will help them establish in society after completing their school education. Along this line organise income generating activities for LGBTI children, and streamline income generation activities run by organizations so that they are LGBTI-inclusive and friendly. 4. Provide support in expanding their social/community networks; create self help groups and counseling service engaging other child right organizations. This should be particularly aimed at protecting the children from drug use, sharing their feelings and emotions, building their skills and confidence, providing information regarding legal provisions and services. 5. Many tend to get into sexual relations at quite early age, therefore adequate information about HIV and AIDS, STI and other sexual and reproductive health is crucial for LGBTI children to protect them from HIV and other infections.

Rights to education to LGBTI children 6. Education authorities must take a nuanced and critical view of the reasons for low school attendance and performance among LGBTI children, and adjust policies accordingly to ensure schools are safe and inclusive spaces. 7. Orient school teacher and education authority through training, distribution of leaflets so that they can encourage LGBTI children to fully participate in their education and protect students from bullying and other form of prejudice experienced at school. 8. Integrate LGBTI issue in school curriculum and other school activities so that LGBTI children are protected from bullying, hate crimes and other forms of discrimination.

9. Many child clubs are school based and often promoted and supported by INGOs; LGBTI issues can also be part of child club activities. INGOs need to adjust policies to ensure that the child clubs and other programs they are funding are LGBTI- inclusive, safe, and welcoming.

Stigma reduction and awareness raising 10. Family is the most important and the first entry point for protecting the LGBTI children from discrimination and exploitation. Provide family counseling, family education and other supportive activities so that parents better understand the sex and sexuality issue, accept their children as they are and support them. 11. Organise orientations and sensitisation activities for key entities and players in the society (e.g. religious leaders, local political leaders community members, cultural vanguards) to expand their understanding on the issue and to learn to respect people of different sexual orientation and gender identity. 12. Extra effort is required to capitalise some of the existing good practices of mobilising and allocating local resource for the protection and promotion of rights of child. Emphasis should be put in activities that reduces stigma and discrimination and in improving access to education and other services. 13. For obvious reasons, there is high expectation from Blue Diamond Society, and the role model of BDS is to be further capitalised. More specifically, the burden of addressing rights of LGBTI children should not be left only to BDS, but must be integrated in the program interventions of other child rights organizations in the country. Organisation such as Save the Children must develop standard guidelines in integrating issue facing LGBTI children in its partner’s activities and its own activities. 14. Local FM radio stations and other mass media are very popular both in urban and rural areas, this should be fully mobilised in raising awareness.

Additional recommendation The current assessment was able to unpack some of the realities embedded around the issue of LGBTI. Building on the current assessment, a research with wider geographical coverage is recommended exploring deeper into - Socio economic and cultural factors of the family affecting education, upbringing, stigma and discrimination and homelessness of LGBTI children. The assessment indicated that some society have relatively better acceptance of LGBTI than others - Causes and consequences of anxiety depression among the LGBTI and non LGBTI children and its management - Employment and economic opportunity of LGBTI children as well as age disaggregated data in order for better understanding on transition throughout adolescent and youth. - There was not enough number of lesbian and intersex children available to interview during this assessment, therefore more information on these groups would be necessary for better understanding of the situation of these groups.

Annexes

Annex 1: Check list and interview guide

Notes to the Interviewer:  USE OF INTERRVIEW GUIDE: The questions are not intended to be read and asked verbatim. Use the questions as a guide. Re-phrase to use language and concepts appropriate for the children. Similarly, you can be flexible with the order of these themes and questions; re-order the topics and questions to explore additional ideas that arise.

 CONSENT: Get informed consent prior to asking any interview questions. If the child is living in a family setting, the parent or caregiver should give informed consent. If the child is on his/her own on the streets, get informed consent from the child. All parties involved should understand and agree to terms for confidentiality.

 If the child is staying in an organized group/gang with a leader, it may be important to speak with the leader prior to contact. This is for the sake of the child’s safety.

 INTERVIEWING TIPS: Begin by establishing a good rapport and building trust with the child before asking any interview questions. This could be done over several hours or days, depending upon how comfortable the child is. Consider spending time with the child doing daily activities, such as hanging out, playing games, etc…. If any of the observed situations are relevant to the interview themes, write down notes afterwards.

 For children living in streets, it is important to know the place where they feel most comfortable for a discussion. It could likely be in a park or in a coffee shop.

 CHILD RIGHTS & BENEFITS TO PARTICIPATION: First and foremost, keep the best interests of the child front and center at all times.

 Listen well. Let the child answer the questions and lead the pace. Try to use words understood and used by the child. Give children the opportunity to express their views. Respect their views.

 All children interviewed should be able to access outreach services and support afterwards, including counseling, HIV information, etc.

 If you have concerns about the safety of the child, talk with SC staff for immediate follow up.

GREETINGS AND INTRODUCTION

My name is ______. I am a member of ______. I and other members of the organization wish to learn about the experiences of children like yourself so that we can design a good program and support for children.

I would like to ask you some questions, in an interview which will take about 1 hour. We could do it all at once, or we could talk some now and meet to continue again later. I would like to talk to you alone or with your closest friend. But if you like, you can ask for a parent or guardian to be present at any time.

Here is how the discussion would work:

. Some of the things we might talk about things could be personal or sensitive. If any of the questions make you feel uncomfortable or you don’t want to answer them, you do not have to. This will not affect your ability to receive services now or in future. However, I would really appreciate it if you would answer the questions honestly and openly, so that we can find out what young people here really think. Your ideas are important to us.

. There is no right or wrong answer, only your opinion. You can say anything you want as long as that is truly how you feel.

. You can be free to speak openly and honestly because I will NOT tell anyone what you say here. What you say will be private between you and me.

. I am taking notes of this discussion strictly for our own internal purposes. I and other interviewers will ask children from different areas the same questions. When the interviews are finished, we will collect the notes and keep them safe. Someone in the office will add them together. Especially- I will not tell the pimp, police or authorities.

Do you have any questions about any of the things I have just said?

Are you willing to participate in this interview? Do you want a parent or guardian to stay with us while we are talking? (Show consent form, explain sections and get consent if child agrees).

If yes, I really appreciate your time and your willingness to participate in this interview and help us

learn about how to support children in this area. If no, thank child and end interview.

The interview can start only after the participant yields her verbal consent to participate (after consent from parent/ caregiver if applicable). Use Nepali version of this – separately printed

INTERVIEW GUIDE FOR CHILDREN 12-18 YEARS Participant code: ______Participants name ______Location/district/VDC/address: ______Interviewer: ______Date: __ __ /__ __ /201 1. Opening

 Play a short game or tell a funny story to start the interview.

2. Personal characteristics (no need to ask all these question in the beginning, fill in later once other information collected)

Q1 Sex : Male ____ Female ____ Transgender ____ Intersex ____ Other ______Q2 Sexual orientation ______(do not ask this, but fill in after the interview) Q3 Caste/Ethnicity: Q4 Year of birth: ______Q5 Last grade in school completed: _____

3. Daily life

Q6 What do you usually do during the day? (Or can you tell me everything you did yesterday?) Q7 Do you watch TV or listen FM radio, which programme? When, what time Q8 In your opinion, what makes a good day? What is a bad day? (Or good time/ bad time)? Q9 How many times a day do you usually eat? Where? Who prepares the food / where do you get the money to eat? Q10 Where do you usually sleep during the night? Q11 How long have you been staying at that place? How safe do you feel in that place? (ask about – experiences / fear of violence, bad weather,…) Q12 How safe do you feel in that place? (ask about – experiences / fear of violence, bad weather,…)

Q13 Do you have a birth certificate? (If yes, where is it now?) Q14 Do you have an identification card/citizenship paper? (If yes, where is it now? (Ask to see, but assure them that you won’t do anything but look What sex is noted in ID?) Q15 What do you want to do/be in your future? What is your aim and dreams? Q16 Can you point to the part of your body that you like most? Why? And you dislike most, why

4. Social Networks

Q17 Who do you usually spend time with during the day? Night? Online? (probe for: number of people, relationships) Q18 Did you use to stay with your family? When did you leave? Q19 What made you leave? (Can you tell me about that day?) And how often you make contact/visit your family? Q20 When you have a difficulty, who do you look to for support? Can you tell me about one time? Q21 If you faced other problems in the future (i.e., in your life or work) how would you get support to get over such crisis? (probe for any supportive social relationships such as peers, friends, organizations) Q22 Are your best friends peers (same age as yourself) (probe for any type of relationship)? How you know them, and how often you meet with them? How do they support or advise you? Do you know and have any peer friend groups? Who are the members? Q23 Are there any child clubs in your community? Are you member of it? Or other such groups? Q24 What is the response from relative, society members when you are involved in social and religious activities [passing comments, words], What they demand from you? Q25 Are you in contact with your relatives? How do they behave towards you? Do you get any support?

5. Developmental Assets and strength

Now I m going to ask you some questions about yourself Q26 How often do you feel good/happy about yourself – most of the time, sometimes or rarely? Can you tell me about this? Q27 Do you feel valued and appreciated by others? Can you tell me when, who? Q28 Are you given useful roles and responsibilities? Which ones? Q29 Do you accept people who are different? Why or why not? If no, who do you not accept? Q30 Do you try to stay away from bad influences (according to your own ideas)? Why or why not? If yes, which ones? Q31 Are you sometimes or often sad? What? How? Q32 Do you talk with anyone when you feel that way? Who? Are there other things you do when you are sad? (coping mechanisms) Q33 Are you sometimes or often angry? What do you do when you feel angry? Q34 Have you ever thought of harming yourself, or tried? why and How

Q35 How do you feel about your future? Q36 Do you think you can achieve your future goals? (Do you feel in control about your future?)

I will ask you some questions about positive things you might see in yourself or in other people. When something describes you now or in the past 3 months, tell me if you it is something you notice always, often, sometimes or rarely:

(Please use separately printed form to fill the individual detail) Participants name: Participants code: Developmental assets Almost Very or Somewhat or Not at all or always often sometimes rarely 1 Feel in control of my future 2 Feel good about myself 3 Avoid dangerous or unhealthy things 4 Build friendships with other people 5 Feel good about my future 6 Express my feelings in a positive way 7 Feel safe and secure at home 8 Accept people who are different from me 9 Resolve conflicts without anyone getting hurt 10 Feel valued and appreciated 11 Given useful roles and responsibilities

6. Identity

Q37 People are different in how they think of themselves. Do you consider yourself to be a boy or girl or another? Q38 Are there times when you feel like another? Or different than other (in sexual orientation, gender identity), when and how Q39 In your opinion, are there advantages to being a ______? Tell me some of the good things. Q40 In your opinion, are there disadvantages about being a ______? Tell me some challenges. Q41 What expectations are you given from family about how to be and act? Friends? School? Q42 People are different in their romantic /sexual attraction to other people. Have you learned about this already? When did you find about this? Q43 When you feel attracted to another person, are you attracted to males, females, other ... ? Q44 In the past, was this always the same, or were you attracted to another type of person? Q45 In the past, or sometimes now, do you have sexual relations with people of another sex? Q46 When did you first realize that you are attracted to______? Can you tell me about that time? How did you feel when you realized this?

Q47 Did you share your feelings with anyone? Whom? What was the reaction or suggestion from that person? Q48 Do your friends and family know that you are attracted to ______? If yes, how did they find out? Q49 When family learned about this, what was their reaction? When friends found out, what was their reaction? Q50 (If self-disclosed) How was the experience to talk about it with ______? How did you disclose yourself as ______Q51 What would you recommend for other children who are attracted to _____ about how to tell their family and friends? Q52 Do you have any other name? Positive/negative? Who gave it to you? What’s the meaning of the name?

7. Stigma

Q53 At school (now or in the past) were treated the same or differently compared to other children? Can you tell me about that? Q54 At home (now or in the past), were treated the same or differently compared to other children? Can you tell me about that? Q55 On the streets are you treated the same or differently compared to other children in some way? Can you tell me about that? Q56 (If not discussed) Have you heard of the word stigma? Can you tell me what this means? (If the child is not clear, explain: stigma and discrimination can result in isolation, self-complex, and even difficulty accessing health services and others.) Q57 Have you ever experienced stigma or isolation from other people? Can you tell me about one time? Q58 Is this type of experience common or unusual for yourself? Other children? Q59 Have you harassment, bullying, others using bad words about you? (if this is not already captured by above questions)

(Please use separately printed form to fill the detail) Stigma Because of your sexual orientation or gender Never Once A few Often index identity (being a ______), have you ever been…. times S1 Been forced to move or change where you stay? (can you tell me about that time?) S2 Forced to leave a job or another source of income S3 Refused a work opportunity S4 Rejected from school or training program S5 Denied health services S6 Excluded from social gatherings or activities S7 Excluded from family activities S8 Aware of gossip about your sexual orientation or

gender identity (tell me about this – who? When?) S9 Verbally insulted S10 Physically threatened or assaulted S11 Forced (or threatened) to marry against your own will and sexual orientation S12 Experienced sexual rejection S13 Forced to dance or perform in front of other people against your own will

8. Rights, RH and HIV, and Protection

Now let’s talk about rights and health. Q60 What have you heard about child rights? Q61 What rights do you enjoy? (ask about: equality, free from harm, privacy, able to decide about personal sexual matters, to have health services, to know and learn, to chose who and when to marry, etc). Q62 Is there anyone who does not seem concerned about the rights of children with similar circumstances as yourself? (if not mentioned, ask about – police, teachers, etc) Q63 Do some children you stay or your friends with drink alcohol, wine or beer sometimes? Or smoke? If you have you ever tried, can you tell me about this? (ask about- how often, when, where, with who etc) Q64 Do some children in your group use drugs sometimes? If yes have you ever tried, can you tell me about this? (ask about- how often, when, where, with who etc, check if they are using injecting drugs, if so ask about needle and syringe where do they get it, do they share same syringes) Q65 What do you know about HIV? AIDS? Q66 In your opinion, who can get HIV? And who can get STIs? (ask about – gay, lesbian, children/ adults, etc) Q67 How can HIV be transmitted and prevented? (ask about -- various types of sexual practices; sharing needles/syringes during drug use, condoms) Where did you learn about these things? Q68 Do you personally do anything to prevent HIV infection? (probe for – type of sexual partners, frequency / consistency, use of condoms, lubricants) Q69 What do you know about sexually transmitted infections (STI)? Q70 How can STIs be prevented? (ask about - various types of sexual practices) Where did you learn about these things? Q71 Do you personally do anything to prevent STI infection? (probe for – type of sexual partners, frequency / consistency of action, condom use etc) Q72 Do you sometime involve in sexual activities that you do not yourself like/appreciate? Why? (Payment? age? other benefits? Social/family expectations?) Q73 Have you ever been forced to have sex? (probe for type of sexual abuse, relationship) Who would you go to for help such circumstances in the future? Q74 I’ve heard many children like yourself are being forced to have sex with adult. Do you know any children like them? What make them in that circumstance?

Q75 Have you ever used medicine (hormone) to make you more feminine/masculine

9. Use of Services and contact with institutions

Q76 Are you sometimes or often sick? When you are sick, who takes care of you? Q77 Have you ever been to hospital or health institutions? When? Why? How did staff treat you? Q78 Are you currently attending school? If not, can you tell me why you are not in school now? Q79 How do you/did you feel at school? Any harassment from teachers, students? Q80 Would you like to see a doctor? What makes it difficult, if anything? Q81 Would you like to go to school (if not attending now)? What makes it difficult, if anything? Q82 Have you ever come across the police? Have you ever been to a police station? Ever arrested? How did you feel?

10. Recommendations

We are interested in your advice for helping children in your situation: Q75 What information would you recommend to give to children like yourself? Q76 How should the information be given to child like yourself? (ask about – when? Where? How often?) Who would be the preferred type of person – your age, adult, both, other? Q77 Are there other activities and supports which we should consider for children like yourself? Q78 We think it is important for communities to learn about children’s rights. Is there anything you would like people to know about children who are ______?

Thank you for your participation

Annex 2: Key word table generated from qualitative data

Key words – around marriage Issue of marriage was such that responses from the participating children wide very wide – as indicated by the key words generated from the qualitative data.

Actions Feelings Others behaviour Expectations (self) leave home difficulty faced lineage child rights stay alone disclosure family expectation education on LGBTI stay with family worry scold identity friends fear behave as boy social worker share with mother cared behave as girl money sharing view disadvantage school behaviour

Key words – around identity and disclosure

Identity and disclosure generated highest number of diverse key words related to actions, feelings and other. The diverse words used by the children to express their views related to identity and disclosure clearly indicates the complexity and importance of the issue

Action words Feeling words Others behaviour Other words best friend enjoy back biting advantage cared fear beat community disclosure feel good behave as boy disadvantage no difficulty feel sad blackmail education on lgbti safe sex feel strange call name identity self hurting happy discrimination Keep up sexual contact ignore dishonour lineage share w family sad family expectation money share w mother scare harassment name sharing view self value home behaviours work sharing w friend sexual attraction marriage difficulty faced social function sexual identity name friends visit BDS Stigma relatives support worry school behaviours ignore scold insult social acceptance study well

Annex 3: Terminologies used in this assessment

Terms used in Nepal for LGBTI

In Nepal, commonly used terms identified by key informants and in the literature include:

Chhakka slang used for transgender throughout the country Gandu Colloquial slang for LGBTI and those with male to male sex particularly who practice anal sex. Hijara/Hijada A most common term used for intersex and transgender women. Hijara is special cult in India and some part of Nepal, commonly used to perform dance and get blessing for new born at the time of naming ceremony. Khojwine: Transgender woman or intersex often co-opted by the groups that profess the dance as profession, Kothi: effeminate homosexual men (in some part of Terai areas) Lingies/samalingies: homosexuals Maruni: men who wear women’s clothes (for drama or similar performance) or vice versa (drag queen or drag king) Mauga: Transgender (term used in terai area of Nepal) Meti: effeminate homosexual men (in Nepal’s hills areas) Mis-kat: colloquial slang common among teenagers for transgender, gay and lesbian; denoting mixed (masculine and feminine) character/sex Nachaniya: Transgender woman or intersex often co-opted by the groups that profess the dance as profession Natuwa: Dancing for entertainment and during social/religious function as profession (often transgender or intersex) Singarus: effeminate homosexual men (in the western hills) Six: colloquial slang common among the teenagers for third gender, intersexes, men with feministic character.

Other terms uses Third gender Third gender (also known as transgender) is a term used in Nepal to describe biological males who have “feminine” gender identity or expression (also known as transwoman) and biological females who have “masculine” gender identity or expression (also known as transman)

Terminology on gender/sex

Sexual orientation and gender identity terminology can vary widely depending on cultural, political or personal preference. Though there are many different terms and definitions within the literature, for the purposes of this review, language pertaining to sexual orientation and gender identity will be understood in the following way:

Sex: According to the World Health Organization (WHO), ‘Sex' refers to the “biological and physiological characteristics that define men and women.”

However, a person can be born with two sexes, which is referred to as being inter-sex. This person will have both the physical features of a male and female (including genitalia) and may have different chromosome combinations. Gender: According to WHO, 'Gender' refers to the “socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women.” Sexual Orientation: Sexual orientation is understood to refer to each person’s capacity for profound emotional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or more than one gender. For example, gay men experience sexual attraction to and the capacity for an intimate relationship primarily with other men. Lesbian women experience sexual attraction and the capacity for an intimate relationship primarily with other women. Bisexual individuals are attracted to both men and women.

MSM/WSW: Men who have sex with men (and more recently women who have sex with women) is a term that developed from public health discourse. It is commonly used to describe behaviours rather than identities. It is an inclusive term that can be used regardless of how an individual self-identifies; for example, MSM may identify as homosexual or bisexual or might, self-identify as heterosexual but engage in sexual activity with other men.

Gender Identity: Gender identity is understood to refer to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms. Transgendered people may be heterosexual, homosexual, or bisexual.

LGBTI: Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) is a term for the collective identity of those people who are not both heterosexual and gender normative. Many LGBTI people identify as belonging to this collective sexual minority status.

(Source: UNESCO (2011), Building the Evidence Base for Protecting and Promoting Child Rights of GLBTI in Asia, Phase 1: Literature Review (unpublished)

Annex 4: references

------(2010), An Activist’s Guide to The Yogyakarta Principles

------UNESCO (2011), Building the Evidence Base for Protecting and Promoting Child Rights of GLBTI in Asia, Phase 1: Literature Review (unpublished) amfAR, (------), Lessons from the front line, Effective Community-Led Responses to HIV and AIDS Among MSM and Transgender Populations, The Foundation for AIDS Research in partnership with The Global Forum on MSM & HIV (MSMGF)

Andrew Roffman, L.C.S.W (2010), Gay, lesbian and bisexual teens: Facing challenges and building resilience, http://www.aboutourkids.org/articles/gay_lesbian_bisexual_teens_facing_challenges_buildin g_resilience

Bhandari R.R (------) Documentation of Human Rights Abuse and Media Report: A Review, Prepared for Global Fund / FPAN Project Organization: Blue Diamond Society, Kathmandu

Glaser, Barney G & Strauss, Anselm L., (1967), The Discovery of Grounded Theory: Strategies for Qualitative Research, Chicago, Aldine Publishing Company, http://faculty.babson.edu/krollag/org_site/craft_articles/glaser_strauss.html

Glaser, Barney G. Ph.D., Hon. Ph.D. (2011). Blocking Conceptualization, The Grounded Theory Review, An International Journal (2011), vol. 10, no. 1 p. 1-15 (http://groundedtheoryreview.com/wp-content/uploads/2012/06/GT-Review-vol-10-no-1.pdf)

Kath Browne (2007), Count Me In Too, LGBT Lives in Brighton & Hove Initial Findings: Academic Report. University of Brighton and Spectrum LGBT Community Forum

Kosciw, Joseph G. (2010), The 2009 National School Climate Survey, The Experiences of Lesbian, Gay, Bisexual and Transgender Youth in Our Nation’s Schools, A Report from the Gay, Lesbian and Straight Education Network, www.glsen.org

Michael Bochenek and Kyle Knight (2012), Establishing a Third Gender Category in Nepal: Process and Prognosis, Emory International Law Review vol. 26

Inter-Agency Working Group on Children’s Participation (IAWGCP) (2007), Minimum Standards for Consulting with Children, Published in Bangkok in 2007 by the Inter-Agency Working Group on Children’s Participation (IAWGCP): ECPAT International, Knowing Children, Plan International, Save the Children Alliance, UNICEF EAPRO and World Vision

New Era/FHI (2009), Integrated Bio Behavioural Surveillance Survey among MSM in Kathmandu Round III, Kathmandu

Savin-William Ritch C. at el (1998) Parental Reactions to Their Child's Disclosure of a Gay/Lesbian Identity, Family Relations, Vol. 47, No. 1 (Jan., 1998), pp. 7-13 http://www.jstor.org/stable/584845

Society for research in Child Development (2007), Ethical Standard for research with Children, http://www.srcd.org/index.php?option=com_content&task=view&id=68 The American Psychological Association (2008); Answers to Your Questions for a Better Understanding of Sexual Orientation & Homosexuality. The American Psychological Association 750 First Street, NE, Washington, DC 20002

Annex 5: Names of steering committee members

1. Dharma Raj Shrestha – Executive Director, Central Child Welfare Board -CCWB 2. Dr. Hemant Ojha- Senior Medical Officer – National Centre for AIDS and STD Control 3. Dr .Chop Lal Bhusal – Executive Chairman, National Health Research Council 4. Bimala Thapa - Deputy Inspector General, Nepal Police 5. Kristine Storholt- Counselor, Royal Norwegian Embassy in Kathmandu 6. Tap Raj pant- UNESCO, Kathmandu 7. Brian J. Hunter- Country Director, Save the Children 8. Udaya Manandhar – Assistant Country Director – Program, Save the Children. 9. Tara Chettry – Chief Of Party - HIV and AIDS program, Save the Children 10. Bishnu Sharma – HIV/AIDS and STI Control Board 11. Assessment team members a. Lok Raj Bhatta – Sr. Program Coordinator ,Save the Children. b. Manisha, Pinky and Bhumika - Blue Diamond Society c. Mahesh Sharma – National Consultant 12.

Annex 6: Approval letter from NHRC