LGBTQ rights in Afghanistan

Recognition of same-sex relationships

Islamic Republic of Afghanistan

The Afghanistan Law of Marriages (1971) stipulated that a legal marriage must be between two Muslim adults of the opposite sex, and that it must meet the rules of Islamic law. While the law did not explicitly address the issue of same-sex couples, Article 41 of the Marriage Law stipulated that where the law was silent on a particular issue, it was to be decided based on the principles of Islamic law. Hence, Afghanistan family law did not recognize same-sex marriages, civil unions or domestic partnerships. Likewise, the Afghanistan Law on Marriages, Weddings and Circumcision (1949) spoke of marriage as something between a Muslim man and woman and stated that marriages must follow Islamic law.

Article 430 stated that it shall be treated as "Instigation of Delinquency" if an adult promotes or assists in the act of minors (under 18) being involved in the act of adultery, homosexuality or prostitution.

Islamic Emirate of Afghanistan

Same-sex relationships and marriages are not recognized under the Taliban government.

Discrimination and harassment

Attacks on gay men

Gay men have reportedly been lured to their deaths both by the Taliban government and the Islamic Republic of Afghanistan: according to activists, national security officials would make fake profiles on social media sites and dupe them into meeting them, often killing and raping them. In 2021, the Taliban lured a gay man in Kabul into meeting them using social media, and proceeded to rape and beat him. In 2022, the Taliban tortured and killed Hamed Sabouri, a 22-year-old gay medical student in Kabul.

There have been reports of kidnappings, beatings, killings, and gang rapes against members of the LGBTQ community under the post-2021 government.

Discrimination protections

Islamic Republic of Afghanistan

No law existed in Afghanistan to address discrimination or harassment on the basis of sexual orientation or gender identity. In response to foreign inquiries, the Afghan Social Democratic Party stated that it "favored an international effort to fight the AIDS-HIV pandemic, but that homosexuality and same-sex marriages are opposed by all great religions." No political party or interest group expressed support for LGBTQ rights.

Afghanistan law prohibited a political party, interest group or social club from advocating anything that is in opposition to Islamic morality. Absent a change in the law, it was unlikely that a political or social organization advocating LGBTQ rights would be permitted to exist and promote its viewpoints.

Islamic Emirate of Afghanistan

No protections exist for LGBTQ people in Afghanistan under Taliban rule.

Social attitudes

Afghanistan's population is over 99% Muslim, and the country's Constitution stipulates that Islam shall be the official religion.

When publicly discussed, homosexuality is often linked with prostitution and pedophilia and the level of awareness about sexual orientation or gender identity is limited. In 2011, Afghan news reporters interviewed men who had LGBTQ-pride symbols on their vehicles, to find out that the men were unaware of the meaning of the rainbow flags and stickers, thinking that it was just another western fad, and began quickly removing the rainbows to avoid being seen as an LGBTQ people or supporters of LGBTQ rights.

The US Marine Corps' handbook for Operational Culture for Deploying Personnel from May 2009 stated that "homosexual behavior is relatively common, but taboo, in rural Afghanistan, because there are no other outlets for normal sexual energies. [sic]"

In 2009, Afghan author Hamid Zaher published a memoir, It Is Your Enemy Who is Dock-Tailed, about his experience as a gay man growing up in and later fleeing Afghanistan. The book was released in English in 2012 under the title Overcoming: Alone Against the World.

In 2012, Nemat Sadat, a human rights activist and former professor of political science at the American University of Afghanistan, mobilized an LGBTQ movement and on August 22, 2013, he became one of the first public figures to come out as gay and campaign for LGBTQ rights, gender freedom, and sexual liberation. Sadat is considered to have broken the taboos on cross-dressing and homosexuality in Afghanistan.

While gay Afghans may have been assaulted by certain state officers, the government at the time was not actively persecuting the community, and gay people could openly socialize in safe places. This situation changed after the Taliban takeover of the country in August 2021; CNN began corresponding with a 32-year-old gay, Christian, Hazara man who was then hiding in a house's basement in Kabul with his younger brother to avoid capture by the Taliban. CNN confirmed the man's identity through human rights activists. The man, whom CNN named "Ahmed" for his safety, was seeking ways to escape the country.

A survey revealed that the lives of LGBTQ people in Afghanistan have “dramatically worsened” under Taliban rule. The report by Human Rights Watch recorded nearly 60 cases of targeted violence against LGBTQ people, which highlighted cases of violence, gang-rape and death threats.

Homosexual practices with boys

Militia members generally do not have access to women, so boys are sometimes kidnapped to be humiliated and raped by adult men. Other boys become prostitutes for adult men, regardless of their sexual orientation.

These men involved are sometimes called bacha bazi in Persian and seem to flourish in the big cities of Afghanistan, possibly due to poverty and the strict social taboos surrounding interaction between men and women. A law has been enacted prohibiting Afghan soldiers from having their "ashna" (lit. "friend") live with them.

After the Taliban came to power in 1996, bacha bazi was banned along with homosexuality, both carrying the death penalty. The young victims were often charged rather than the perpetrators under the Islamic Republic of Afghanistan.

In 2007, reports stated that the practice of bacha bazi is still prevalent in parts of northern Afghanistan. This practice involves teenage boys being dressed in women's clothing and made to participate in dance competitions and engage in sexual acts. US-backed Northern Alliance warlords have been notorious for kidnapping trafficking and raping young boys ever since the fall of the Taliban regime, using the pretext of bacha bazi, even though they bear little resemblance to the historical practice. Neither the U.S. Department of Defense nor the Afghan government took action against these crimes, despite being aware of these practices. While President Hamid Karzai signed an agreement to ban bacha bazi, it was rarely enforced and police officers were reportedly complicit in related crimes.

HIV-AIDS

Prior to 2003, little or no HIV-AIDS education or treatment existed. As of 2008, the official number of people living with HIV-AIDS is 504, although the actual number is suspected of being higher, possibly in the thousands. Low literacy rates, weak infrastructure and traditional social mores make it difficult to introduce comprehensive public health education initiatives.

Thus far, the bulk of the available resources have focused on fighting drug addiction and, to a lesser extent, the commercial sex industry. Yet, what little is reportedly being said about sexuality is in the promotion of abstinence-only sex education programs.

In 2009, the first HIV-AIDS treatment center opened up in Kabul, with more clinics promised to open soon. Access to anti-retroviral drugs is, at best, limited and preventive initiatives often conflict with deep-rooted taboos. Efforts are being made to educate local and religious leaders in the hopes that they can legitimize greater public education.

Legally, Article 373 of the Afghanistan criminal code stipulated that a person that spreads a "dangerous disease" by accident shall be fined, but if the disease results in death or permanent disability the punishment shall be the same as if it were an accidental murder.

Censorship

Article 32 of the Afghanistan Press Law Edict (2002) prohibits publications from promoting "incitement to depravity". Likewise Article 27(D) of the Afghanistan Postal Law (1973) prohibits the usage of the postal service to exchange material that is "repugnant to public decency and morals." These two provisions could be used to censor the distribution of materials advocating LGBTQ rights or the general topic of sexual orientation and gender identity issues.

In 2009, an Afghan man named Hamid Zaher published his memoir titled, It Is Your Enemy Who Is Dock-Tailed. In the book, Zaher talks about growing up gay in Afghanistan, and how he eventually had to leave his country to avoid anti-gay discrimination. Because the memoir deals with homosexuality and is critical of homophobia, it cannot be distributed in Afghanistan itself, and Zaher's family has cut off all contact with him.

Human rights reports

2017 U.S. State Department report

In 2017, the U.S. State Department reported the following, concerning the status of LGBTQ rights in Afghanistan:

• "Discrimination against persons with disabilities and ethnic minorities and discrimination based on race, religion, gender, and sexual orientation persisted with little accountability."
• Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
  "The law criminalizes consensual same-sex sexual conduct, and there were reports of harassment and violence by society and police. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity. Homosexuality was widely seen as taboo and indecent. Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community did not have access to certain health services and could be fired from their jobs because of their sexual orientation. Organizations devoted to protecting the freedom of LGBTI persons remained underground because they could not legally register with the government. Members of the LGBTI community reported they continued to face discrimination, assault, rape, and arrest by security forces and society at large."

2020 U.S. State Department report

In 2020, the U.S. State Department reported the following:

• LGBTI people "continued to face arrest by security forces" and also endured "discrimination, assault, and rape," including by police. As with the 2017 report, it remained the case that "homosexuality was widely seen as taboo and indecent" and that LGBTI rights organizations could not legally incorporate and therefore "remained underground." The government only permits condom distribution to married couples, and there is stigma against people living with HIV. Saboor Husaini, a transgender activist and artist, was murdered in December 2020.

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