Gay rights in Afghanistan
Encyclopedia
Gay, lesbian, bisexual, and transgender (LGBT
) people living in Afghanistan
face certain unique legal and social challenges. Homosexuality
and cross-dressing
are considered serious crimes in Afghanistan
, possible punishment may include the death penalty. This is usually the case in rural parts of the country where local villagers take the law into their own hands. As of 2008, it appears that the regime change has not had much impact on the legal status of gay men, lesbian
s, and bisexuals in Afghanistan.
Homosexuality and cross-dressing are widely seen as taboo and indecent activities, owning to traditional Islamic mores concerning appropriate gender roles and sexual conduct. Most Afghan citizens are Muslim and these attitudes are also reflected in the nation's Constitution and enacted laws.
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 LGBT-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 LGBT or a supporter of LGBT rights.
and adultery
and for engaging in sodomy
.
In 1994, the Taliban supreme leader, Mullah Omar
, saved a boy from being sodomized by two feuding generals in Kandahar
and when he was subsequently given control of the city he decreed that violent and mutually consensual sodomy
would be capital crimes.
Militia members generally do not have access to women, and 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 baz in Persian
,
seems 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" live with them.
In 2007, reports stated that the practice of "bacha bareesh" (beardless boys) 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. Despite these cultural traditions, most LGBT
remain in the closet.
Yet, the law punishes private, adult and consensual acts of homosexuality and cross-dressing in accordance with traditional Islamic mores.
does stipulate that Islam
will be the basis of all government rules and regulations.
Yet, initial reports seem to suggest that the official punishment for persons convicted of homosexuality is prison as opposed to capital punishment. In 2004, an American advisor to the Afghanistan government was arrested and sentenced to a prison sentence for homosexual activities with an Afghan man. Other news reports have noted that other men have been imprisoned for such engaging in gay behavior.
Article 430 states 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.
In 2007, the Sydney Morning Herald reported that a Pashtun
tribesman fell in love with and 'married' a 16 year old boy – both of whom subsequently faced summary execution in Pakistan after his "unholy union" provoked outrage among Islamic leaders. Local reports said the boy's family, who are extremely poor, agreed to the union after Liaquat, an Afghan refugee, paid a dowry of 40,000 Pakistani rupees ($885) – a huge sum. However, as news of the scandal leaked out, Afridi tribal elders convened an emergency jirga (tribal council) on Wednesday to decide how to respond to the "immoral and shameful act".
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 stipulates 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.
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 has expressed support for LGBT rights.
Afghanistan law currently prohibit 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 is unlikely that a political or social organization advocating LGBT rights will be permitted to exist and promote its viewpoints.
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
) people living in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
face certain unique legal and social challenges. Homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
and cross-dressing
Cross-dressing
Cross-dressing is the wearing of clothing and other accoutrement commonly associated with a gender within a particular society that is seen as different than the one usually presented by the dresser...
are considered serious crimes in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
, possible punishment may include the death penalty. This is usually the case in rural parts of the country where local villagers take the law into their own hands. As of 2008, it appears that the regime change has not had much impact on the legal status of gay men, lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
s, and bisexuals in Afghanistan.
Social attitudes
See Also LGBT topics and IslamHomosexuality and cross-dressing are widely seen as taboo and indecent activities, owning to traditional Islamic mores concerning appropriate gender roles and sexual conduct. Most Afghan citizens are Muslim and these attitudes are also reflected in the nation's Constitution and enacted laws.
When publicly discussed, homosexuality is often linked with prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
and pedophilia
Pedophilia
As a medical diagnosis, pedophilia is defined as a psychiatric disorder in adults or late adolescents typically characterized by a primary or exclusive sexual interest in prepubescent children...
and the level of awareness about sexual orientation or gender identity is limited. In 2011, Afghan news reporters interviewed men who had LGBT-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 LGBT or a supporter of LGBT rights.
Taliban punishment
When the Taliban gained control of the country in the 1990s they criminalized all sexual relationships outside of the heterosexual marriage, and would often publicly execute men and women for committing fornicationFornication
Fornication typically refers to consensual sexual intercourse between two people not married to each other. For many people, the term carries a moral or religious association, but the significance of sexual acts to which the term is applied varies between religions, societies and cultures. The...
and adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
and for engaging in sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
.
In 1994, the Taliban supreme leader, Mullah Omar
Mohammed Omar
Mullah Mohammed Omar , often simply called Mullah Omar, is the leader of the Taliban movement that operates in Afghanistan. He was Afghanistan's de facto head of state from 1996 to late 2001, under the official title "Head of the Supreme Council"...
, saved a boy from being sodomized by two feuding generals in Kandahar
Kandahar
Kandahar is the second largest city in Afghanistan, with a population of about 512,200 as of 2011. It is the capital of Kandahar Province, located in the south of the country at about 1,005 m above sea level...
and when he was subsequently given control of the city he decreed that violent and mutually consensual sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
would be capital crimes.
Homosexual practices with boys
Despite the negative social attitudes and legal prohibitions, there is an institutionalized form of bisexuality within Afghan culture. This occurs when boys are kidnapped to act as sexual slaves for adult men, typically in a militia, or when an adult man buys sexual favors from young boys with money or gifts. These activities are tolerated within Afghan culture because they are not perceived as being an expression of a LGBT-identity, but rather an expression of male power and dominance; as the boy in these situations is forced to assume the "female" role in the relationship.Militia members generally do not have access to women, and 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 baz in Persian
Persian language
Persian is an Iranian language within the Indo-Iranian branch of the Indo-European languages. It is primarily spoken in Iran, Afghanistan, Tajikistan and countries which historically came under Persian influence...
,
seems 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" live with them.
In 2007, reports stated that the practice of "bacha bareesh" (beardless boys) 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. Despite these cultural traditions, most LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
remain in the closet.
Yet, the law punishes private, adult and consensual acts of homosexuality and cross-dressing in accordance with traditional Islamic mores.
Penal Code
The Penal Code of 1976 was reinstated after the American invasion, and it has several provisions that could apply LGBT people.- Article 398 – Offers lesser punishment for vigilante honor killings, which may involve a family member discovering their spouse or kin engaging in adulteryAdulteryAdultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
, fornicationFornicationFornication typically refers to consensual sexual intercourse between two people not married to each other. For many people, the term carries a moral or religious association, but the significance of sexual acts to which the term is applied varies between religions, societies and cultures. The...
or homosexualityHomosexualityHomosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
.
- Article 427 – Prescribes long prison terms for adulteryAdulteryAdultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
and pederastyPederastyPederasty or paederasty is an intimate relationship between an adult and an adolescent boy outside his immediate family. The word pederasty derives from Greek "love of boys", a compound derived from "child, boy" and "lover".Historically, pederasty has existed as a variety of customs and...
, the latter may be interpreted as including sodomySodomySodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
, in light of the fact that there are still legal punishments proscribed even if the people involved are legal adults. The maximum punishment increases if victim is under eighteen years of age, if the defendant is in a position of authority over the victim, if the defendant has repeatedly committed the crime or if the crime results in the spread of a disease. The law also increases the available punishment if a "violation of honor" takes place.
- Article 512 states that a person who is engaging in public "watching" in a repugnant manner shall be imprisoned or fined.
Shariah law
In some isolated communities private citizens or vigilant groups may attempt to impose strict Islamic Shariah laws outside of the courts and the Constitution of AfghanistanConstitution of Afghanistan
The Constitution of Afghanistan is the supreme law of the state Afghanistan, which serves as the legal framework between the Afghan government and the Afghan citizens...
does stipulate that Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
will be the basis of all government rules and regulations.
Yet, initial reports seem to suggest that the official punishment for persons convicted of homosexuality is prison as opposed to capital punishment. In 2004, an American advisor to the Afghanistan government was arrested and sentenced to a prison sentence for homosexual activities with an Afghan man. Other news reports have noted that other men have been imprisoned for such engaging in gay behavior.
Family law
The Afghanistan Law of Marriages (1971) stipulates that a legal marriage must be two Muslim adults of the opposite sex, and that it must meet the rules of Islamic law. While the law does not explicitly address the issue of same-sex couples, Article 41 of the Marriage Law stipulates that where the law is silent on a particular issue, it shall be decided based on the principles of Islamic law. Hence, Afghanistan family law does not recognize same-sex marriages, civil unions or domestic partnerships. Likewise The Afghanistan Law on Marriages Weddings and Circumcision (1949) speaks of marriage as something between a Muslim man and woman and states that marriages must follow Islamic law.Article 430 states 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
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
, homosexuality or prostitution.
In 2007, the Sydney Morning Herald reported that a Pashtun
Pashtun people
Pashtuns or Pathans , also known as ethnic Afghans , are an Eastern Iranic ethnic group with populations primarily between the Hindu Kush mountains in Afghanistan and the Indus River in Pakistan...
tribesman fell in love with and 'married' a 16 year old boy – both of whom subsequently faced summary execution in Pakistan after his "unholy union" provoked outrage among Islamic leaders. Local reports said the boy's family, who are extremely poor, agreed to the union after Liaquat, an Afghan refugee, paid a dowry of 40,000 Pakistani rupees ($885) – a huge sum. However, as news of the scandal leaked out, Afridi tribal elders convened an emergency jirga (tribal council) on Wednesday to decide how to respond to the "immoral and shameful act".
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. The deeply 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
Kabul
Kabul , spelt Caubul in some classic literatures, is the capital and largest city of Afghanistan. It is also the capital of the Kabul Province, located in the eastern section of Afghanistan...
, 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 stipulates 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.
Discrimination and politics
As of 2009, no law exists in Afghanistan to address discrimination or harassment on the basis of sexual orientationSexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
or gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
. 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 has expressed support for LGBT rights.
Afghanistan law currently prohibit 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 is unlikely that a political or social organization advocating LGBT rights will be permitted to exist and promote its viewpoints.
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 gay rights or talking about homosexuality in general.See also
- Gender roles in AfghanistanGender roles in AfghanistanAfghan society is consistent in its attitudes toward the underlying principles of gender. It is the application of these principles that varies from group to group; and there is a wide range of standards set for accepted female behavior, as well as differences in male attitudes toward correct...
- LGBT rights in Asia