The Persecution And Silencing Of Afghanistan's Lgbtq Community

Afghanistan is one of the many countries that criminalise homosexuality. Under Sharia law, same-sex sexual activity is punishable by death. While there is no explicit mention of homosexual acts in the Afghan Penal Code, Article 130 of the Constitution allows for Sharia law to be imposed, which does prohibit same-sex sexual activity.

The Taliban's return to power in 2021 has worsened the situation for LGBTQ+ Afghans, who now fear execution for their sexual orientation. This fear is not unfounded, as there is evidence of the law being enforced in recent years, with reports of LGBTQ+ Afghans being subjected to discrimination, violence, and murder.

The LGBTQ+ community in Afghanistan is forced to live in secret, leading double lives as heterosexuals in public and homosexuals in private. They meet in secret locations and often have to pay off the police to keep their identities hidden. Despite the risks, some Afghans have bravely come out as gay, such as Nemat Sadat, who became the first Afghan gay man to publicly come out in 2013. However, this came at a cost, as he was forced to leave his job and the country due to threats to his life.

The future looks bleak for LGBTQ+ Afghans, who continue to face persecution, violence, and the threat of execution.

Sharia law in Afghanistan

Sharia law is a system of religious law drawn from the Quran and the Hadiths—the words or actions of the Prophet Muhammad—and is subject to interpretation by jurists, clerics, and politicians. In Afghanistan, Sharia law is the supreme law of the land and is interpreted according to the Hanafi jurisprudential school.

The Taliban has assured women that their rights will be respected within the framework of Islamic law, but the rules and restrictions remain vague. The Taliban's interpretation of Sharia law is strict and has been described as brutal. During their previous rule from 1996 to 2001, the Taliban enforced public stoning, whippings, and hangings, and banned music and musical instruments. They also cut off the hands of thieves and stoned adulterers.

Sharia law divides crimes into three categories:

• Tazir offences are the least serious and are at the discretion of a judge.
• Qisas crimes result in the offender being subjected to the same affliction as the victim.
• Hudud is the most severe type of offence and is considered a crime against God.

Hudud crimes include theft, highway robbery, adultery, and drinking alcohol. Punishments include the amputation of hands and feet, flogging, and death. However, these severe punishments are rarely carried out due to the high levels of proof required.

The Taliban's return to power

The Rise to Power

Economic Collapse

Afghanistan's economy has imploded since the Taliban's takeover. The country already faced significant economic challenges, but the situation has deteriorated further. Mass unemployment, a housing market collapse, and increased malnutrition are just some of the issues facing Afghans. The banking sector has been paralysed by sanctions, and the country is cut off from the international financial system. The local currency, the Afghani, has plummeted in value, contributing to inflation and a cost-of-living crisis. The situation is further exacerbated by droughts and natural disasters, such as flash floods and earthquakes.

Human Rights Abuses

International Relations

The international community has largely rejected the Taliban's rule, with no country officially recognising the Taliban government. Billions of dollars in Afghan assets held abroad remain frozen as the Taliban has failed to honour its commitments on security, governance, and human rights. The group's inability or unwillingness to break ties with terrorist organisations, such as Al-Qaeda, has further isolated them from the international community. Regional actors, such as Pakistan, Iran, China, and Russia, have maintained channels of engagement but have not provided formal recognition.

Future Prospects

The future for Afghans under Taliban rule remains highly uncertain. While the end of the war has brought some relief, millions are struggling to survive due to the economic collapse and human rights abuses. The Taliban faces internal divisions between moderates and hardliners, and there is little indication that the group will transition to a more inclusive and moderate government. The international community's strategy of aid conditionality has largely failed, and there is a growing recognition that alternative approaches are needed to prevent further suffering.

Violence and discrimination against LGBT people

Afghanistan is a socially and religiously conservative country, where homosexuality is a taboo topic. LGBT people in Afghanistan face severe challenges and are forced to keep their gender identity and sexual orientation a secret, in fear of violence and the death penalty.

LGBT people in Afghanistan are regularly subjected to discrimination and violence, including murder, assault, and harassment. The situation has significantly worsened following the Taliban takeover in 2021, with many reports of violent hate crimes and murder being committed against LGBT people.

Under the Taliban's strict interpretation of Sharia law, same-sex sexual activity is punishable by death. The Taliban has openly, either directly or indirectly, killed LGBT members. Gay men have been lured to their deaths by the Taliban government and the Islamic Republic of Afghanistan. In 2021, the Taliban tortured and killed a 22-year-old gay medical student in Kabul.

LGBT people in Afghanistan are also subjected to discrimination and harassment from their own families and society at large. They are often forced into marriages and are not allowed to live openly as their true selves. LGBT people in Afghanistan have no legal protections and are not allowed to legally register with the government.

The Taliban takeover has removed even the pockets of happiness and hope that LGBT people in Afghanistan once had. Those who have not already fled the country are now in hiding, either alone or with friends and family, and are running out of food and money. They are desperate to escape Taliban fighters before they are discovered and forced to face the regime's brutal laws.

LGBT Afghans seeking asylum

The Dangers Faced by LGBT Afghans

LGBT individuals in Afghanistan face grave threats to their safety and lives under the Taliban regime. Same-sex relations were already criminalized and punishable by death in the country before the Taliban takeover, but the situation has worsened significantly since. The Taliban's mandate to rule with Sharia law puts LGBT individuals at even greater risk of violence and persecution.

LGBT Afghans have reported being attacked, sexually assaulted, or directly threatened by Taliban members due to their sexual orientation or gender identity. They also face abuse and violence from family members, neighbors, and former romantic partners who now support the Taliban or feel compelled to take action against LGBT individuals to ensure their own safety.

Asylum Options for LGBT Afghans

The United Nations High Commissioner for Refugees (UNHCR) works to protect LGBT refugees and asylum seekers and helps them find safe options. However, finding a safe country to resettle in can be challenging, as many of Afghanistan's neighboring countries also criminalize same-sex relations.

The United Kingdom is one of the few countries that have publicly announced the resettlement of a small number of LGBT Afghans. Canada has also pledged to accept vulnerable refugees, including LGBT individuals.

Nonprofit organizations, such as Rainbow Railroad, are also working to help LGBT Afghans seeking asylum. They provide support and assistance to those fleeing countries where they face persecution and danger due to their sexual orientation or gender identity.

Challenges in Seeking Asylum

Even those who successfully flee to nearby countries may find themselves in a precarious situation. They may lack proper immigration status and be at risk of deportation back to Afghanistan. Furthermore, most of Afghanistan's neighboring countries also criminalize same-sex relations, so LGBT individuals may continue to face persecution and violence even after leaving Afghanistan.

Recommendations for Governments and Organizations

• Create safe and legal pathways for entry and assist in resettlement.
• Expedite the processing of asylum claims, especially for LGBT Afghans fearing persecution under the Taliban.
• Provide protection and assistance to those fleeing persecution, discrimination, and violence.
• Work with local organizations and human rights defenders to identify and support LGBT individuals at risk.
• Ensure that assistance and humanitarian aid reach LGBT individuals within Afghanistan.
• Advocate for the protection and respect of LGBT rights within Afghanistan and hold the Taliban accountable for abuses and rights violations.

LGBT Afghans in hiding

LGBT Afghans have been forced into hiding due to the threat of death under Taliban rule. In 2021, the Taliban swept into Kabul, completing a rapid military takeover of the country after the Americans began withdrawing their troops. This has left LGBT Afghans in fear for their lives, with many hoping for a Western evacuation before Islamists carry out their threat to punish LGBT+ Afghans with death.

The Taliban has a history of stoning gay men to death, and there are reports of judicial support for a return to capital punishment. LGBT+ Afghans are therefore cowering indoors, with many feeling most at risk from Taliban rule. Gay and lesbian sex is illegal under Afghanistan's 2017 penal code, and the death penalty is technically allowed under Sharia law by the constitution.

LGBTQ+ Afghans are now constantly shifting their locations and changing identities to protect themselves and their families, scared that their neighbours and extended family will report them. Some transgender women are growing beards, while some lesbians feel pressured to be "more feminine". They previously maintained their identity under the guise of bacha posh, a practice in Afghanistan where a family without sons will choose a girl to live and behave as a boy, allowing them to move around more freely. Now, they fear that if they are found out, they will be raped or killed.

LGBTQ+ Afghans are also facing difficulties in their personal relationships. Many are in arranged marriages and have secret same-sex partners, but are afraid of being found out. One man, who is in a relationship with his boyfriend of two years, has not been able to speak to or see him since the Taliban took over, as his house is full of relatives who have fled from other parts of Afghanistan.

The Taliban takeover has also resulted in the loss of livelihoods for LGBTQ+ Afghans, who are now staying at home. They worry that they will run out of food and money and die from starvation, or that eventually, the Taliban will come knocking on their door and torture them to death.

The situation for LGBTQ+ Afghans is dire, with many feeling trapped in their country due to closed borders. They are forced to live in hiding, constantly fearing for their lives.

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