In response to foreign inquiries, the Afghan Social Democratic Party stated that it "favored an international effort to fight the AIDS-HIV pandemic, but that homosexuality and same-sex marriages are opposed by all great religions. Organizations devoted to protecting the freedom of LGBTI persons remained underground because they could not legally register with the government. Article states that it shall be treated as "Instigation of Delinquency" if an adult promotes or assists in the act of minors under 18 being involved in the act of adultery , homosexuality or prostitution. Members of the lesbian, gay, bisexual, transgender, and intersex LGBTI community did not have access to certain health services and could be fired from their jobs because of their sexual orientation. Article — Offers lesser punishment for vigilante honor killings, which may involve a family member discovering their spouse or kin engaging in adultery , fornication or homosexuality. In , an Afghan man named Hamid Zaher published his memoir titled, "It is your enemy who is dock-tailed". All sexual behavior outside of a lawful Islamic marriage is illegal, with the maximum punishment being death.
In the cities, persons convicted of homosexuality are generally sentenced to prison. Discrimination and politics[ edit ] As of , no law exists in Afghanistan to address discrimination or harassment on the basis of sexual orientation or gender identity. Shariah law based punishment is more likely to occur in isolated, rural communities where private citizens and vigilant groups seek to punish anyone who does not follow strict Islamic morals. Islamic State of Iraq and the Levant Main article: Afghanistan law currently prohibits a political party, interest group or social club from advocating anything that is in opposition to Islamic morality. In the book, Zaher talks about growing up gay in Afghanistan, and how he eventually had to leave his country to avoid anti-gay discrimination. Because the memoir deals with homosexuality and is critical of homophobia, it cannot be distributed in Afghanistan itself, and Zaher's family has cut off all contact with him. This could happen in lieu of, or in addition to charges being brought under the penal code. As of , the official number of people living with HIV-AIDS is , although the actual number is suspected of being higher, possibly in the thousands. All sexual behavior outside of a lawful Islamic marriage is illegal, with the maximum punishment being death. In , an Afghan man named Hamid Zaher published his memoir titled, "It is your enemy who is dock-tailed". Article states that it shall be treated as "Instigation of Delinquency" if an adult promotes or assists in the act of minors under 18 being involved in the act of adultery , homosexuality or prostitution. The law also increases the available punishment if a "violation of honor" takes place. Article states that a person who is engaging in public "watching" in a repugnant manner shall be imprisoned or fined. Hence, Afghanistan family law does not recognize same-sex marriages, civil unions or domestic partnerships. Likewise, the Afghanistan Law on Marriages, Weddings and Circumcision speaks of marriage as something between a Muslim man and woman and states that marriages must follow Islamic law. Members of the LGBTI community reported they continued to face discrimination, assault, rape, and arrest by security forces and society at large. Organizations devoted to protecting the freedom of LGBTI persons remained underground because they could not legally register with the government. In , an American advisor to the Afghanistan government was arrested and sentenced to a prison sentence for homosexual activities with an Afghan man. Homosexuality was widely seen as taboo and indecent. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity. Members of the lesbian, gay, bisexual, transgender, and intersex LGBTI community did not have access to certain health services and could be fired from their jobs because of their sexual orientation. Absent a change in the law, it is unlikely that a political or social organization advocating LGBT rights will be permitted to exist and promote its viewpoints. Article — Prescribes long prison terms for adultery and pederasty , the latter may be interpreted as including sodomy , in light of the fact that there are still legal punishments prescribed even if the people involved are legal adults. Thus far, the bulk of the available resources have focused on fighting drug addiction and, to a lesser extent, the commercial sex industry.
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