Country Overview
Afghanistan
At a glance
Same-sex Relations for Men Legal Throughout the Country?
Same-sex Relations for Women Legal Throughout the Country?
Legal Gender Recognition Possible?
LGBTI Orgs Able to Register?
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The Taliban’s return to power on August 15, 2021, has worsened an already difficult situation for LGBTIQ people. LGBTIQ people face grave threats to their safety under the Taliban regime from both the Taliban and family members who support the Taliban, with reports of extrajudicial killings, mob attacks, sexual assaults, and gang rape targeting people who do not conform to sexuality and gender norms in the country. The Taliban has publicly flogged individuals on charges of same-sex sexual acts. Although violence and discrimination spiked following the Taliban takeover, LGBTIQ people were exposed to institutionalized discrimination and persecution during the previous administration. The Penal Code that came into effect in 2018 explicitly criminalized consensual same-sex sexual acts, with a maximum punishment of up to two years imprisonment. Additionally, under Sharia law in Afghanistan, the punishment for same-sex sexual acts can be death. Both prior to and following the Taliban takeover, no LGBTIQ organizations have operated openly. The dangerous climate for LGBTIQ individuals, the fear of persecution, and the barriers against LGBTIQ organizations obtaining legal status mean that LGBTIQ support and advocacy are based underground.
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