Commemorating May 29, 2019: The Day Bhutan Chose Compassion and Empathy
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| Picture source: https://thebhutanese.bt/national-assembly-takes-a-big-step-towards-decriminalizing-homosexuality/ |
Following the historic proposal in May 2019, the legislation
underwent a meticulous review process through both houses of Parliament to
reach a national consensus. While the National Assembly initially voted
overwhelmingly to repeal Sections 213 and 214 entirely, the National Council
proposed an alternative approach in January 2020, retaining Section 213 but
explicitly amending it to state that consensual homosexuality between adults
would not be considered an offense. Rather than allowing these differing
perspectives to create deadlock, a Joint Committee was formed to thoroughly
deliberate and find common ground. This collaborative effort culminated on
December 10, 2020, when a joint sitting of Parliament passed the finalized
Penal Code (Amendment) Bill with an overwhelming majority of 63 out of 69
members voting in favor. The legislative journey reached its conclusion on
February 17, 2021, when His Majesty the King granted Royal Assent, officially
enacting the Penal Code Amendment Act 2021 into law. This act became a lasting
symbol of national unity, compassion, and legal clarity.
Looking back five years later, this milestone stands as a testament
to dedication and resources quietly invested behind the scenes. It represents
the shared efforts of government institutions, civil society partners,
international donors, media, community champions, and individual allies whose
contributions are rarely spotlighted. While global movements often seek change
through external petition and vocal protest, Bhutan pursued a distinctive path
guided by consensus, dialogue, and what our constitution calls ’Gross National
Happiness.’ In fact, community organizations like ours were largely unaware
that the discussion would take place on the parliament floor that fateful day
in May, making the moment an extraordinary surprise. The initiative was
championed by Lyonpo Namgay Tshering, embraced by visionary members of
parliament, and met with overwhelming goodwill from the Bhutanese public. This
was Bhutan’s way: quiet, thoughtful, and deeply humane.
The Champion: understanding Lyonpo Namgay Tshering’s
Journey
To understand how this historic moment came about, one must examine
the foundation built over the years. Long before Lyonpo Namgay Tshering became
Finance Minister, he served as a Program Officer for the National HIV/AIDS
Control Program (NACP). Through initiatives supported by the Global Fund
Against HIV, TB, and Malaria, he was frequently engaged with the community,
managing programs tailored to meet local needs with sensitivity and respect.
These interactions provided him with deep insight into the distinct challenges
faced by key populations, challenges rooted not merely in health, but in dignity
and compassion. While we cannot definitively verify his inner motivations, it
is highly likely that this long-standing understanding and empathy prompted him
to take a courageous stand for the community on the grandest legislative stage.
His willingness to champion this cause demonstrated that compassion and
political courage can indeed walk hand in hand.
The Foundation: building from the Grassroots
The foundation for this momentous 2019 event was laid in 2013, a
pivotal year when Bhutan was poised to receive support from the Global Fund.
Although the early history of the movement is somewhat obscured by a lack of
formal documentation, this period marked a definitive turning point. While the
National HIV/AIDS Control Program (NACP) managed the national grant, Lhak-Sam, then
the country’s only key population organization, received a multi-country
regional grant. Through this strategic arrangement, Lhak-Sam served as the
parent organization for the emerging network that would eventually evolve from
the “LGBT+ Community in Bhutan” to “Rainbow Bhutan,” and ultimately become
Pride Bhutan. What began as a small initiative with limited resources would,
over six years, transform into a nationwide movement.
The Catalyst: the First Brave Voices
A central catalyst in this awakening was Ms. Chencho, a dedicated
program officer for Lhak-Sam who made it her mission to bring together the
first handful of community members, effectively sparking what would become a
national movement. As community stories recount with admiration, she would
creatively navigate the early digital spaces to connect with individuals, build
trust, and gently convince them to join the cause, a task fraught with immense
social obstacles and personal risk. Following this initial mobilization,
Lhak-Sam convened Bhutan’s very first community forum, held discreetly in a
secluded forested area of Babesa, where participants could gather safely to
share their experiences and hopes. Visibility accelerated dramatically around
2015 when Passang Dorji courageously came out on national television, marking a
watershed moment in Bhutanese culture and demonstrating that visibility, lived
authentically, could transform public consciousness.
The Expansion: building Momentum Across the Nation
Building on this momentum, Lhak-Sam and Ms. Chencho engaged these
early, courageous members to reach out to others, steadily building local
capacity and preparing the community to independently lead the movement. By
late 2015, the group began taking on a more structured, organized shape, moving
from whispered conversations to visible action. In 2016, a major milestone was
reached when the first public awareness session was conducted for students and
faculty at the Faculty of Nursing and Public Health under KGUMSB in Thimphu.
This breakthrough moment opened new doors and signaled that openness to
dialogue was possible in Bhutan’s institutions. Sustained funding from
international partners, the Global Fund, ViiV Healthcare, AmplifyChange, and
the Austrian Development Agency made it possible to expand sensitization
programs across schools and colleges throughout the country. Simultaneously,
public empathy grew through targeted media interviews, thoughtful articles, and
a series of powerful documentaries that humanized the community’s experiences.
Ultimately, it was this sustained advocacy and steady engagement made possible
by these dedicated partners and donors that directly and indirectly cultivated
the favorable climate needed to make the Penal Code amendment a reality.
A Legacy of Hope and Unfinished Work
As we commemorate five years of decriminalization in Bhutan, we honor
not just the legal victory of May 29, 2019, but the entire ecosystem of
courage, compassion, and commitment that made it possible. We remember the
champions. We celebrate the tireless advocates and the brave community members
who stepped forward first, when the path ahead was unclear and the risks were
high. We acknowledge the international partners and local donors whose
financial and moral support sustained the movement during its vulnerable early
years. And we recognize the countless Bhutanese citizens whose open hearts and
open minds created space for this conversation to happen.
Yet, the work is far from over. Decriminalization was a necessary
first step, but true equality requires more. The LGBTI+ community in Bhutan
still faces social stigma, workplace discrimination, healthcare disparities,
and the absence of legal protections that other citizens take for granted. The
next chapters of our movement must build on this foundation of
decriminalization to secure equal age of consent protections, marriage
equality, and robust social acceptance. This requires the same constellation of
government leadership, civil society commitment, international partnership, and
grassroots community organizing that brought us to May 29, 2019.
Five years later, we stand at a threshold. Behind us lies a
remarkable journey of persistence, dignity, and ultimately, triumph. Ahead lies
the promise of further progress, the challenges of deeper change, and the
continuing work of building a Bhutan where all citizens, regardless of sexual
orientation or gender identity, expressions and sex characteristics can live
with full dignity, equity, and joy. As we mark this anniversary, we reaffirm
our commitment to that vision and invite all Bhutanese to join us in building
it. For true progress comes not from legislation alone, but from the hearts and
minds of people choosing compassion, choosing inclusion, and choosing to stand
with their neighbors in claiming their full humanity.
By: Tenzin Gyeltshen.
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