Three years have passed since the Taliban took control of Afghanistan.
The Taliban continues to arrest LGBTQ Afghans one after another, and punishes them in public in front of people and local Taliban authorities across the country. There is no news about their fate. And the severity of repression and increased violence against LGBTQ people by the Taliban has, unfortunately, been away from international attention and their situation is deliberately ignored.
The Supreme Court of the Taliban over the last three years has published several rulings regarding the punishment of LGBTQ people for “lawat,” a reference to sexual relations between two men in Sharia law, and most punishments of LGBTQ people has taken place in public in five provinces: Kabul, Parwan, Sarpul, Zabul, and Kandahar.
A court in the Saidkhel district of Parwan province on July 1 announced it had tried and punished four people for “lawat.”
The Supreme Court of the Taliban in a newsletter said the Seyed Kheli district’s primary court sentenced three defendants to a year in prison and 39 lashes. Another defendant received a 2-year sentence and 39 lashes.
The Taliban in June publicly punished dozens of LGBTQ people in Sarpul, Parwan, and Kabul provinces.
Some of the LGBTQ people who the Taliban freed from their prisons told the Rainbow Afghanistan Organization that they were subjected to sexual exploitation, gang rape, and all kinds of torture, including electric shocks, physical beatings, and fingernail removal that caused severe pain and suffering.
On the other hand, the spreading of hatred and the issuing of harsh punishments for LGBTQ people by the Taliban is not hidden from public view. The Taliban, for example, continues to execute LGBTQ people by toppling walls on top of them.
The Taliban in May 2023 published a declaration that emphasized the implementation of Sharia law in Afghanistan. The Taliban issued dozens of final verdicts of “Islamic retribution and ‘hudud’” (“hudud” are Islamic penal codes under Sharia law) and punishments that included stoning. Four people were reportedly executed when walls fell on to them.
Gul Rahim, a Taliban judge, told the German newspaper Bild in July 2021, just before Afghanistan fell, there are “two punishments for homosexuals: Either stoned, or they have to stand behind a wall that falls on their head. The height of the wall should be 2.5 to 3 meters.”
The Taliban used this method to punish LGBTQ people when they were in power between 1996-2001.
Taliban member Mohammad Khel said on Afghanistan International TV on March 28, 2024, that those who are of two sexes — and it is not clear whether they are male or female — should be killed immediately, should be killed tomorrow, and should have been killed yesterday. He continued the program host’s answer, and said he is a Muslim and the Quran has ordered him to kill. The Supreme Court of the Taliban two days before the interview ordered the flogging and punishment of an LGBTQ person in Khaf Sefid district in Farah province for “lawat.”
LGBTQ people have always been excluded from U.N. Security Council declarations and resolutions, despite the Taliban’s public punishment of LGBTQ people and the Taliban’s increased violence against them.
Each Security Council resolution — Resolution 2679, and Resolution 2721 — the U.N. Security Council adopted over the last three years has ignored LGBTQ Afghans.
We, the LGBTQ community of Afghanistan, see the U.N. Assistance Mission in Afghanistan has adopted this wrong approach, which has completely excluded the experiences of LGBTIQ people in its human rights reports from 2021 until now. This omission in UAMA reports for the past three years shows gender-based violence that LGBTQ Afghans face is being ignored.
The U.N. has unfortunately not adopted any new, more inclusive approaches in the implementation of its resolutions, declarations and meetings for Afghanistan; despite Human Rights Watch and Amnesty International’s declarations and concerns to the U.N. and the international community regarding the unfortunate situation of LGBTQ people and women in Afghanistan and requests to pay more attention to it. The U.N. and the international community always excludes a vulnerable group — such as the LGBTQ community, which experiences the most violence in Afghanistan and has been sidelined and ignored for years from all resolutions and declarations — and deliberately ignores their situation.
The U.N., the U.N. Security Council, and UNAMA’s disregard for the unfortunate situation of LGBTQ Afghans is a slap in the face to the concept of human rights in Afghanistan.
LGBTQ Afghans today are bewildered that the same international community that championed free elections and LGBTQ rights is willing to compromise its own moral values to cave in to an extremist ideological group that represents an armed clerical regime that has established gender apartheid in Afghanistan.
The Taliban have succeeded in silencing the voices of LGBTQ people in Afghanistan by using repression, violence, torture, and punishment in public. The U.N. and others in the international community have given this opportunity to the Taliban and their supporters by ignoring the situation of LGBTQ people, by silencing the voice of the Afghan LGBTQ community outside of Afghanistan.
We, and Afghanistan’s LGBTQ community are deeply concerned about the Security Council and UNAMA’s neglect of these serious violations. We believe that what is happening in Afghanistan is a clear example of gender apartheid and human crime.
We condemn every U.N. meeting, declaration, and resolution on Afghanistan that excludes the LGBTQ community. We consider it a violation of the human rights charter.
Ali Tawakoli is an Afghan LGBTIQ rights activist and director and founder of the Rainbow Afghanistan Organization.
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