The resurgence of the Taliban in Afghanistan in August 2021 cast a long shadow of oppression over the nation, disproportionately impacting women and the LGBTQ+ community. While the violence against women has garnered significant international attention, the plight of LGBTQ+ individuals remain largely obscured, a silent atrocity demanding urgent global intervention. A comprehensive report, drawing upon the harrowing findings of the Rainbow Organization of Afghanistan (‘Rainbow’), a group formed by Afghan LGBTQ+ refugees in Bremen, Germany, aims to illuminate this hidden crisis and expose the systematic persecution faced by this vulnerable population.

Even before the Taliban’s return, Afghanistan’s LGBTQ+ community navigated a challenging landscape. Despite the post-2001 constitution, no legal framework existed to protect them. The prevailing societal climate of ignorance, prejudice, and deeply rooted homophobia created an environment of fear and vulnerability. Transgender individuals, whose gender identities were often visibly expressed, faced the most significant risks, subjected to widespread discrimination, exploitation, and violence. A pervasive practice, euphemistically termed “child abuse,” flourished, encompassing the sexual exploitation of young boys by powerful men, often for profit, highlighting the systemic nature of the abuse and impunity enjoyed by perpetrators. This involved child pornography, sexual slavery, and child prostitution, with boys being sold to wealthy and influential men. The secrecy surrounding this practice made it particularly difficult to expose and prosecute those responsible.

The Rainbow Afghanistan plays a critical role in providing support and advocating for the rights of Afghan LGBTQ+ refugees. Their work focuses on three key areas:

1. Raising Awareness and Combating Discrimination: Rainbow Afghanistan works tirelessly to educate the international community about the plight of Afghanistan’s LGBTQ+ community and challenge discriminatory attitudes and practices.
2. Research and Reporting on Human Rights Violations: Their meticulous documentation serves as crucial evidence of the Taliban’s systematic abuse and human rights violations.
3. Supporting LGBTQ+ Refugees and Migrants: Rainbow Afghanistan provides critical assistance to LGBTQ+ individuals who have fled Afghanistan, including relocation, resettlement, legal support, and psychosocial care. Their efforts have already relocated hundreds to safety, primarily in Germany. However, the scale of the crisis necessitates significantly increased support for their ongoing rescue and relocation operations.

Rainbow Afghanistan’s preliminary research, conducted before focusing on the post-Taliban era, revealed a deeply troubling picture even during the period of the Islamic Republic. In interviews with twelve transgender individuals, nine recounted experiences of abuse, beatings, and verbal harassment. The profound isolation experienced by these individuals was a recurring theme, with all interviewees having lost contact with their families. Many had either voluntarily or involuntarily revealed their gender identities between the ages of 12 and 18, often leading to family rejection. Those who were subsequently imprisoned by the Taliban faced further rejection upon returning home, leading many to live in secrecy and constant fear, hidden from both their families and the Taliban.

The lack of social support compounded the challenges faced by the LGBTQ+ community. Fear of the Taliban, coupled with widespread ignorance and prejudice, meant finding safe havens was extremely difficult. The absence of legal protection meant that even discussing diverse sexual and gender identities was heavily discouraged, further isolating and marginalizing this population. With the Taliban’s return, many members of the community scattered, attempting to vanish into the anonymity of the Afghan landscape.

The Taliban’s Reign of Terror: A Systematic Assault on LGBTQ+ Rights

The Taliban’s takeover in 2021 marked a dramatic escalation of persecution against the LGBTQ+ community. The regime’s rigid interpretation of Islamic law, coupled with its utter disregard for basic human rights, has created an atmosphere of terror. Rainbow Afghanistan’s extensive research, based on countless interviews with refugees, and meticulous documentation paints a harrowing picture of systematic abuse. LGBTQ+ individuals are routinely targeted, arrested, imprisoned, and subjected to horrific forms of torture and sexual violence.

Transgender individuals, in particular, are subjected to egregious forms of gender-based violence, including genital mutilation, electric shock therapy, and gang rape. Threats of death are commonplace, and many disappear after detention, with their fate unknown. The regime’s chilling “Promotion of Virtue and Prevention of Vice” decree provides a legal framework for this brutality, explicitly addressing same-sex relationships and authorizing punishments ranging from execution to stoning. Mullah Nooruddin Turabi’s public statements confirming the reinstatement of pre-2001 punishments further solidify the Taliban’s intention to systematically eliminate LGBTQ+ individuals. The regime’s dehumanizing rhetoric, portraying LGBTQ+ individuals as unworthy of life, fuels this brutal campaign of violence.

Statistical Evidence of Persecution

Rainbow Afghanistan’s data, while incomplete due to the inherent dangers of independent research and reporting under Taliban rule, reveals a staggering scale of persecution. Based on available information from both Taliban-affiliated and independent media sources, at least 98 LGBTQ+ individuals have been publicly punished in 14 Afghan provinces since 2022. These punishments included stonings, wall crushings, floggings (ranging from 25 to 39 lashes), and imprisonment. A Taliban Supreme Court announcement in May 2023 revealed hundreds of sentences issued under Sharia law, including numerous cases of stoning and wall crushings, strongly suggesting that the number of persecuted LGBTQ+ individuals is vastly underestimated.

The data suggests a disproportionate impact on transgender individuals, highlighting the intersecting vulnerabilities they face. Kabul, Kandahar, and Khost emerged as hotspots for violence, with 15 documented cases in each city. Other provinces, including Meidan Wardak, Faryab, Laghman, Ghor, Parwan, Helmand, Nangarhar, Kunduz, Zabul, and Farah also reported significant numbers of LGBTQ+ individuals targeted. The data, though incomplete, points to a dramatic escalation of persecution in 2024, with a reported sixfold increase in documented cases compared to 2023. This suggests a systematic intensification of the Taliban’s campaign against LGBTQ+ individuals.

First-Hand Accounts of Torture and Violence

Rainbow Afghanistan’s report includes numerous firsthand accounts from survivors, detailing the horrors they endured. The accounts consistently depict a pattern of dehumanization, with LGBTQ+ individuals subjected to brutal torture methods, including electric shocks, genital mutilation, and gang rape. The Taliban’s verbal harassment is equally chilling, using dehumanizing language to justify their actions. These accounts reveal the systematic and widespread nature of the violence, emphasizing the urgent need for international intervention. Many interviewees spoke of the profound sense of isolation and the fear of reprisal that prevented them from seeking help even before the Taliban takeover. The post-Taliban era has exacerbated these fears, forcing many into hiding.

The report includes the stories of Jannat Gul, Yama, Reyhan, Hasrat, Maralyn and Hamed, Amir, Samir, Anayez, Artin, Kosar and Bahram who all evidence the public punishments, electric shocks, genital torture, and verbal harassment they have faced including imprisonment by the de-facto. as well as death threats and being ostracised from society. Details of their witness testimony are too explicit to contemplate exploring here, but the evidence is testament to the bravery of those who have suffered.

The Responsibility of the International Community 

The silence surrounding the persecution of Afghanistan’s LGBTQ+ community can no longer be tolerated. The international community has a moral obligation to act decisively to prevent further atrocities and ensure that the voices of these persecuted individuals are heard. The Rainbow Afghanistan’s call for action includes:

1. The establishment of an independent international truth commission to investigate and document the human rights violations against the LGBTQ+ community.
2. Stronger diplomatic pressure on the Taliban regime, including targeted sanctions against individuals responsible for the violence.
3. The prosecution of Taliban leaders for crimes against humanity before the International Criminal Court (ICC).
4. Increased support for Rainbow Afghanistan and other organizations working to protect and support LGBTQ+ refugees from Afghanistan.
5. A global monitoring platform to track and report human rights violations against LGBTQ+ individuals in Afghanistan.
6. Ensuring equitable distribution of humanitarian aid to reach LGBTQ+ individuals.
7. Investing in educational programs to combat discrimination and promote understanding of LGBTQ+ rights.
8. Empowering Afghan LGBTQ+ rights activists through providing support and a platform to voice their concerns on the international stage.
9. Formally recognizing the sexual and gender apartheid faced by the LGBTQ+ community in Afghanistan.
10. Facilitating asylum processes and providing legal support for LGBTQ+ migrants and refugees from Afghanistan.

The plight of Afghanistan’s LGBTQ+ community is a profound humanitarian crisis. The world must act decisively, not only to alleviate immediate suffering through humanitarian aid but also to address the root causes of the persecution. The hashtag #SaveAfghanLGBTIQ is a rallying cry for justice, a testament to the resilience of this community, and a call for immediate global action. The international community must unite to ensure that this hidden atrocity ends, and that the fundamental human rights of Afghanistan’s LGBTQ+ community are protected and upheld.

Interview with Ali Tawakoli, Director and Founder of Rainbow Afghanistan Organization

1.What specific human rights violations are the LGBTQ+ community facing under the Taliban regime in Afghanistan?

The LGBTQ+ community in Afghanistan has faced serious and continuous human rights threats since the Taliban’s return to power. These threats include harassment, torture, beatings, sexual assault, public punishment, and extrajudicial executions, such as stoning, crushing under walls, and other forms of execution. The Taliban consider LGBTQ+ individuals as “moral criminals” and have imposed strict policies to suppress and punish this community. Consequently, LGBTQ+ individuals have been deprived of their basic human rights and are constantly at risk of unlawful arrests, physical and psychological abuse, and threats of death due to their sexual orientation or gender identity.

2.How are LGBTQ+ individuals treated in prisons and detention centers in Afghanistan according to the report?

Reports from the Rainbow  Afghanistan Organization indicate that LGBTQ+ individuals face severe physical and psychological torture after being detained in Taliban prisons and detention centers. Many of these individuals endure the worst forms of abuse due to their sexual orientation and gender identity, including beatings, electric shocks, and gang rapes. A significant number of LGBTQ+ individuals, after having a chance for freedom from Taliban prisons, have reported to the Rainbow Afghanistan Organization that they were first stripped naked in the jails and then subjected to sexual abuse, gang rapes, and physical torture. Some individuals, in their accounts to the Rainbow Organization, stated that they were subjected to gang rapes by as many as ten people while in Taliban custody.

3.What requests has the Rainbow Organization of Afghanistan made to relevant international organizations regarding the situation of the LGBTQ+ community?

The Rainbow  Afghanistan Organization has consistently urged international organizations to pay greater attention to the situation of the LGBTQ+ community in Afghanistan. They have called for financial and legal assistance to support LGBTQ+ individuals in Afghanistan, the establishment of a faster asylum system, and increased pressure on the Taliban to put an end to human rights violations against the LGBTQ+ community.

4.How does the report suggest applying stronger diplomatic pressure to address the human rights violations against the LGBTQ+ community in Afghanistan?

The report suggests that influential countries increase diplomatic pressure by utilizing economic sanctions, severing diplomatic relations, and imposing travel restrictions on Taliban officials, while condemning the violations of LGBTQ+ rights in Afghanistan.

5.What is the significance of establishing an International Truth Commission to investigate human rights violations against the LGBTQ+ community in Afghanistan?

Establishing an international truth commission would help clarify cases of human rights violations, collect credible evidence and documentation, and provide reports to global human rights organizations. It could also mobilize the international community to address the crimes of the Taliban.

6.What are some proposed solutions to improve the situation of individuals in the LGBTQ+ community in Afghanistan?

Recommendations include raising awareness and education about LGBTQ+ rights, providing financial and legal support for active organizations, establishing safe havens in neighboring countries, and improving asylum systems to assist LGBTQ+ individuals in escaping from Afghanistan.

7.How does the report address the concept of sexual and gender apartheid, specifically in relation to the LGBTQ+ community in Afghanistan?

The report strongly emphasizes the existence of sexual and gender apartheid in Afghanistan under the Taliban, where LGBTQ+ individuals are severely deprived of their basic rights and become victims of the Taliban’s discriminatory and repressive policies.

8.How can the international community support LGBTQ+ migrants and refugees from Afghanistan according to the report?

The international community can create specific asylum systems for LGBTQ+ individuals, provide financial and psychological support, and offer legal assistance to facilitate their swift relocation to safe havens in other countries.

9.What statistics were published by Taliban-affiliated and independent media outlets regarding the LGBTQ+ community during the years 2022 to 2024?

Some Taliban-affiliated media outlets have published reports indicating the arrest and even extrajudicial executions of LGBTQ+ individuals. Independent media have also confirmed that these individuals face serious dangers, with high statistics of abuse and violence recorded against them.”

10.What narratives have been shared by LGBTQ+ community members regarding the behavior of the Taliban during arrests and imprisonment?

LGBTQ+ individuals have reported facing the worst forms of torture during their arrests and in prisons, including electric shocks, physical and psychological torture, gang sexual assault, and threats to their lives. These actions are systematically carried out to intimidate and suppress LGBTQ+ individuals.

11.How does the report protect the identities of individuals by presenting their names with pseudonyms?

To protect the identities of individuals and prevent risks to their safety, pseudonyms are used in the reports. This also allows individuals to share their experiences without fear of retaliation from the Taliban.

12.What legislation was passed in Afghanistan after the establishment of the Islamic Republic government in 2001?

After the fall of the Taliban, a new government was established in Afghanistan in 2001 with the support of NATO and the United States, which led to the drafting of a new constitution. Unfortunately, this constitution completely disregarded the LGBTQ community in Afghanistan, classifying homosexuality as a crime. During the periods of the Mujahideen and the Taliban, Afghanistan lacked a comprehensive constitution until the Taliban regime’s collapse in 2003 (1382 in the Afghan calendar), after which the current constitution was drafted and approved by the Loya Jirga on January 4 of the same year. This constitution prioritizes the implementation of Sharia law over any other laws, policies, or regulations, allowing the government to prohibit any homosexual activities.

In contrast, following the U.S. invasion of Afghanistan in 2001, the Penal Code of 1976 remained in effect. However, the new penal law was enacted on February 14, 2018. This law defines specific sexual activities and prohibits some of them. Its implementation disproportionately affected members of the LGBTQ community and led to increased attacks on this group. Unfortunately, at that time, no one dared to protest against this situation, and any protests were systematically suppressed. The LGBTQ community was deemed to violate religious tenets and was labeled as sinful and criminal.

The Penal Code of 1976, which was retained following the U.S. invasion, includes several provisions applicable to the LGBTQ community:

1. Article 398: This article prescribes lesser penalties for honor killings. In such killings, a family member discovers that their spouse or relatives have engaged in adultery, fornication, or homosexuality.
2. Article 427: This article recommends lengthy imprisonment for adultery and “shahadat,” which includes sodomy, applicable to LGBTQ individuals. This law prescribes penalties even for those who have reached the legal age. If the victim is under eighteen years old, or if the perpetrator has influence over the victim or has committed the crime repeatedly, the maximum penalty is increased. Additionally, if an “honor crime” occurs, the punishment is also escalated.
3. Article 512: This article states that anyone who looks at another person in a harassing manner in public places must be imprisoned or fined.

The Penal Code of 2018 replaced this penal code.

The Sharia law, which is implicitly recognized in the Afghan constitution, identifies Afghanistan as an Islamic Republic. Therefore, it is possible for LGBTQ individuals to be prosecuted for violating Sharia law. The penalties can align with the provisions outlined in the penal code. These punishments are likely to be enforced more rigorously in remote and rural areas, where ordinary citizens and protective groups strive to penalize and hold court for anyone who defies strict Islamic moral codes.