Rameen, who works for the United Nations, once enjoyed Afghanistan's vibrant "underground" gay scene. Even though homosexuality was illegal, he said he felt relatively safe making his weekly visit to a clandestine karaoke bar in Kabul to sing and dance with other members of the country's hidden LGBTQ communities. But in days, Rameen's life, like so many gay Afghans, has been turned upside down. He now lives in constant fear and is too afraid to meet up with his boyfriend of three years.
These provisions carry a maximum penalty of two years. Both men and women are criminalised under the law. The Penal Code allows for the implementation of Sharia law, under which same-sex sexual activity is punishable by death. The primary source of law in Afghanistan is Islamic law.
Download a PDF version of the decision Download a Word document. doc version of the decision. Though homosexuality remains illegal in Afghanistan, the evidence of its prevalence especially in the Pashtun culture, contrasted with the absence of criminal convictions after the fall of the Taliban, demonstrates a lack of appetite by the Government to prosecute. Some conduct that would be seen in the West as a manifestation of homosexuality is not necessarily interpreted in such a way in Afghan society.
The Taliban publicly flogged six men in southern Kandahar province on Wednesday, accusing them of kidnapping and homosexuality. In January, 9 men were flogged inside the same stadium in front of a large crowd. Since returning to power, the Taliban has made public corporal punishments the main part of its penal system. The group has been widely condemned for use of corporal punishment by the UN and human rights organisations.