12.2007 - Source: UN High Commissioner for Refugees

It is reported that commanders, tribal leaders and others kept boys for sexual purposes; in such relations older men are mostly taking advantage of the poor economic situation of young males; overt homosexual relations are, however, not possible as homosexuality outlawed under Islam and punishable by death ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 23169]

"There is only limited information on the issue of homosexuality, given that this subject is taboo in Afghanistan. It is reported, however, that – in the past and particularly during the conflict – commanders, tribal leaders and others kept boys for sexual and other purposes. As one study has termed it, “the prevalence of sex between Afghan men is an open secret”. The practice of using young boys as objects of pleasure seems to have been more than a rare occurrence. Such relations are often coercive and opportunistic as more influential, older men are taking advantage of the poor economic situation of some families and young males, leaving them with little choice. There are also a few documented cases of abduction of young boys for sexual exploitation by men.

Overt homosexual relations are, however, not possible to entertain. Homosexual persons would have to hide their sexual orientation. Homosexuality is outlawed under Islam and punishable by death as a Hudood crime."

Document(s): Open document

28.02.2005 - Source: US Department of State

Legal prohibition of homosexuality enforced in practice ("Country Report on Human Rights Practices 2004") [#29542], [ID 1483]

"The law criminalizes homosexual activity, and this was enforced in practice. In August, a foreign national was arrested in Kabul, initially on the charge of homosexual rape; however, the charges were later dropped."

Document(s): Open document

11.2004 - Source: Danish Immigration Service

Situation of homosexuals ("The political conditions, the security and human rights situation in Afghanistan; Report on fact-finding mission to Kabul, Afghanistan 20 March – 2 April 2004") [#27424], [ID 1484]

"According to the UNHCR homosexuality is forbidden pursuant to Islamic law in Afghanistan. The source found that it is difficult to say anything definite about conditions for homosexuals. This is first and foremost because no one is prepared to declare that he is a homosexual or practices his sexuality in such a manner that it becomes publicly known. The source had no knowledge of cases under the new government in which homosexuals had been punished.
The source pointed to the fact that behaviour between men, which would arouse curiosity in many western countries such as holding hands, kissing or embracing is not considered as explicit sexual behaviour in Afghanistan.
The source was of the opinion, that homosexuality was common in Afghanistan in connection with the sexual debut due to the strong degree of separation which is practiced between the sexes. The source knew of commanders who were known of having relationships with young boys. However this does not lead to a general accept of homosexuality in Afghanistan. The source mentioned that rumours had been circulated, that people from the Panshjiri-dominated security forces had raped young Pashtun men with the aim of demonstrating their power.
The source was of the opinion that homosexuals do not encounter problems provided they keep their sexual orientation secret and also do not overstep other social norms within their family. The source said that among other things men of homosexual orientation can be forced into marriage by their family. Hence, a possible conflict will only become apparent if the man refuses to marry.
The CCA explained that homosexuality is forbidden in Afghanistan. Open homosexual behaviour will be severely punished. The organization knows of the existence of homosexuals, but has never heard about homosexuals being punished. They were of the opinion that if anybody was to be punished for being homosexual, the behaviour has to be proven. The organization had no knowledge of the existence of homosexual relationships among women in Afghanistan. (p. 51/52)"

Document(s): Open document

20.05.2004 - Source: European Council on Refugees and Exiles

Situation of homosexuals ("Guidelines for the Treatment of Afghan Asylum Seekers & Refugees in Europe") [#22462], [ID 1486]

"17. ECRE considers that certain categories of individuals amongst the Afghan population may have ongoing protection needs that remain unchanged despite recent political developments in Afghanistan. These groups include:
[...]
• People at risk of persecution on grounds of sexual orientation.17
[...]
Fn 17 Homosexuality continues to be illegal in Afghanistan under Sharia law and is therefore subject to legal sanctions."

Document(s): Open document

15.04.2003 - Source: European Council on Refugees and Exiles

Persecution on grounds of sexual orientation ("Guidelines for the Treatment of Afghan Asylum Seekers & Refugees in Europe") [#12087], [ID 1487]

"European States should give all Afghan asylum claimants the opportunity to lodge an application and have it processed with minimum delay. ECRE considers that certain categories of individuals amongst the Afghan population may have ongoing protection needs that remain unchanged despite recent political developments in Afghanistan. These groups include:
...
People endangered by persecution on grounds of sexual orientation. 16

16 Homosexuality continues to be illegal in Afghanistan under Sharia law and is therefore subject to legal sanctions."

Document(s): Open document