LGBTQ+ Afghan Refugees

Gary Streeter Excerpts

Tuesday 21st September 2021 Westminster Hall

[Sir Gary Streeter (in the Chair)]

We have at least seven Back-Bench speeches, so no one should be thinking about speaking for more than three minutes from the Back Benches in this debate, which will last for 60 minutes, not 90 minutes.

May I encourage Members to wear masks when they are not speaking, in line with current Government guidance and that of the House of Commons Commission? Please give each other and members of staff space when seated, and when entering and leaving the Chamber.

[Kate Osborne (Jarrow) (Lab)]

I beg to move,

That this House has considered LGBTQ+ Afghan refugees.

It is a pleasure to serve under your chairmanship, Sir Gary, and I thank hon. Members for being here today. May I start by paying tribute to our armed forces and diplomatic staff for their courage and professionalism during the evacuation operation in Afghanistan?

There is a long history of LGBTQ+ people in Afghanistan being disproportionately targeted and subjected to homophobic, biphobic and transphobic sexual violence, forced marriages, honour killings, conversion practices and execution. In the former Islamic Republic of Afghanistan, the death penalty was imposed for consensual same-sex conduct under the Afghan penal code of 2017. Even before the Taliban took control last month, there were no known LGBTQ+ advocacy organisations or networks in Afghanistan, and the Taliban takeover has now sent many LGBTQ+ people into hiding out of fear. Under the rule of the Taliban, simply being LGBTQ+ will result in extra-judicial executions and the death penalty, which is sanctioned by the Government. Clearly, it is not safe for LGBTQ+ people to remain in Afghanistan, but it needs to be noted that the majority of LGBTQ+ Afghans will stay in the country.

The Taliban’s stance on the death penalty for same-sex relationships is clear. In an interview with the German newspaper Bild in July, a Taliban judge, Gul Rahim, stated:

“For homosexuals, there can only be two punishments: either stoning or he must stand behind a wall that will fall down on him. The wall must be 2.5 to 3 metres high.”

Even LGBTQ+ Afghans who have escaped to neighbouring countries are still at huge risk. Neighbouring countries, such as Iran, Pakistan, Turkmenistan and Uzbekistan, are not safe for LGBTQ+ people.

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[Several hon. Members rose—]

[Sir Gary Streeter (in the Chair)]

We have eight speakers and 32 minutes. Two speakers have not submitted a written request to speak, but I am going to include them, although the tradition is to write to the Speaker in advance to ask to speak in these debates. I will call Angela Eagle first, and then we will move from party to party.

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[Rachael Maskell (York Central) (Lab/Co-op)]

Thank you, Sir Gary, for calling me in today’s debate. I thank my hon. Friend the Member for Jarrow (Kate Osborne) for calling today’s debate and the many organisations such as Stonewall and Rainbow Migration which have provided excellent briefings.

I have serious concerns for the LGBTQ+ community in Afghanistan and in third countries in the same way that I do for religious minorities. I believe the systems are insufficient to provide the necessary security and confidentiality to ensure that people can make a safe journey to a place of sanctuary and I call on Government to look at this. To make any declaration could be a death sentence. While many are waiting for the Afghan citizens’ resettlement scheme to be announced, the detail is important in order that people can make the right choices about their future right now and in future.

With many countries absent in advancing the concerns of the LGBTQ+ community, it is important that the UK takes the lead. I urge the Minister to do so in her role. While we all ask significant questions, how will anyone now leave Afghanistan safely if their reason for leaving is because they are LGBTQ+? If there is no safe way of stating this, they will be placed with others wanting to flee.

Last night, I heard how sting operations are being undertaken in Afghanistan to out people who are LGBTQ+. This is really disturbing. If people are able to flee, we know that neighbouring countries such as Iran and Pakistan are unsafe for them to go to. How does the Minister propose to address that in her discussions with colleagues at this time?

Perhaps most worrying of all, I understand that the UNHCR process for refugees uses local agencies. While the principle may be positive, there is serious risk that some of these agencies will be homophobic, biphobic or transphobic. Rather than advancing an application under the UNHCR, they could end up putting that person at risk. Will the Minister look at this specific issue and raise it with the UNHCR? In these countries, where people have to conceal their identity, how do the UK Government plan to prioritise these people in practice under the ACRS? We have not had the detail we need. It would be helpful if the Minister could share some more detail today, because people need to know how to plan their passage to safety.

Finally, I want to raise the issue of alternative routes to safety. In view of these extensive risks, many people may make their own passage to the UK. Why the UK? Because we have a proud history of upholding human rights; because it is one of the safest countries to be in; and because there are so many good local organisations, such as Time To Be Out in my constituency. We are the only human rights city in the country. This organisation, Time To Be Out, supports LGBT refugees and asylum seekers specifically in resettlement. Will the Minister amend the Nationality and Borders Bill to ensure that these Afghan refugees and so many besides are given a really warm welcome to the UK rather than criminalised and discriminated against, let us face it, because of their sexuality?

[Sir Gary Streeter (in the Chair)]

Thank you for keeping to time. In fact, most of you have spoken for less than four minutes, so we have made up a few moments. I am sure that the Minister will want to take advantage of that. We now move to our Front-Bench speeches.

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[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is a particular pleasure, Sir Gary, to serve under your chairpersonship today. I thank my hon. Friend the Member for Jarrow (Kate Osborne) for securing such a crucial and timely debate and I add to her tribute to all the diplomats, officials and members of the armed forces who worked on Operation Pitting.

I must set out at the outset that this debate is personal for me—and, I suspect, for many Members—not just as an openly gay man but as someone of faith, as someone who has worked on issues relating to Afghanistan, both inside and outside government, in the last decade, and as someone who has visited the country in person. I have also witnessed in person the difficulties for LGBT+ asylum seekers in our immigration system, including at detention centres, and the often dehumanising processes that they face on top of the traumas they have already suffered in fleeing from persecution and, in many cases, violence and threats of death.

I also have a strong and proud Afghan community in my constituency of Cardiff South and Penarth, and like many Members in Westminster Hall today I have taken up cases on behalf of many individuals; I think that I am dealing with more than 300 individual cases, including those of LGBT+ individuals trapped in the chaos of Afghanistan in recent weeks. Although I can say that there were some successes, I am sorry to say that there are many people who we have tragically failed. I think in particular of one LGBT+ individual who is highly at risk and whose case I raised multiple times with the Foreign, Commonwealth and Development Office and the Home Office. I had my hopes up after I received a call from a Home Office official, but sadly I believe that that individual is still in Afghanistan and that their life is at risk. I hope that I can take up their case directly with the Minister after the debate.

I thank all colleagues for their incredibly powerful and in some cases heartbreaking speeches. I also thank all those organisations and individuals involved with this issue, particularly the all-party parliamentary group on global lesbian, gay, bisexual, and transgender rights; Stonewall; Rainbow Migration; the International Lesbian, Gay, Bisexual, Trans and Intersex Association; Rainbow Railroad; and other organisations, such as Kaleidoscope Trust. These organisations have not only spoken up but—better still—acted in recent weeks to assist our LGBT+ fellow humans in Afghanistan. They also do so much week in and week out for those around the world facing persecution because of their sexuality or gender identity. Much of that work is unseen and unheard, not least because of the obvious risks for those who they are trying to assist.

I also pay fair tribute to some of the junior Ministers—they know who they are—who have met me and others in recent weeks to discuss what more the UK Government can do to assist urgently to save lives, and I hope that in the future the Minister who is here today can be part of the conversations that we agreed to continue to try to assist people practically.

The facts relating to Afghanistan are stark and grim, as we have heard from so many speakers already. Of course, the situation before the Taliban takeover was already incredibly serious, as highlighted by ILGA, but it is no surprise that with the Taliban takeover many LGBT+ people in Afghanistan are literally fleeing for their lives. We heard that terrible comment from the Taliban judge, Gul Rahim, who said:

“For homosexuals, there can only be two punishments: either stoning, or he must stand behind a wall that will fall down on him.”

There is no more horrific comment than that, but that is the reality for so many people in Afghanistan today.

I also share the fears expressed about what systems are in place for those fleeing to neighbouring countries that also have repressive regimes—countries such as Iran, Pakistan, Turkmenistan and Uzbekistan. In fact, consensual sexual acts between same-sex adults are criminalised in 72 UN member states today and only 50 countries recognise trans people’s rights to have their gender identity legally recognised. Of course, this is not just an issue relating to Afghanistan.

I am sorry to say that many reports have highlighted how the Home Office’s asylum system is failing LGBT+ refugees and often leaving them worse off. I am also sorry to say that I concur with much of the evidence from the organisations that have contacted us that many LGBT+ refugees feel like they are treated like criminals, are particularly badly treated when they are in detention and even put at risk.

I have two quotes from the report by Stonewall and the UK Lesbian and Gay Immigration Group:

“Trans asylum seekers face particular threats of violence in detention. One trans interviewee reports being placed in multiple male detention centres, even though she made it known that she identifies as a woman.”

The report also said:

“LGBT asylum seekers find it difficult to settle back into society after their experiences”

elsewhere in the immigration system. I can think of a case that I have dealt with only in the last week of an LGBT+ asylum seeker in my own constituency. When I contacted the Home Office, it did not even know that that person was living in my constituency, yet they had been moved away from the support networks that had grown up for them. I am glad to say that that decision has now been reversed, but if that is the sort of thing that is going on, we have a very long way to go.

We have to ensure a warm welcome for all those arriving in this country, regardless of their sexuality or gender identity, and that specific resources, training and support are put in place to ensure that people are treated with the dignity they deserve. I praise the Welsh Government, which I know has been working with the Home Office on the support that we can provide to the Afghan resettlement scheme, including in my constituency.

I have a few key questions for the Minister. How many LGBT+ individuals were evacuated under the various evacuation routes, including those for UK nationals and residents, the Afghan relocations and assistance policy, and those for special cases? How many of those individuals are now being counted under the Afghan citizens’ resettlement scheme? Is there an allocation for places under the ACRS for LGBT+ people? How will those people be identified and supported? How will these schemes work with organisations such as the UNHCR and ILGA Asia to ensure that people are properly identified in-region? Is there work going on with other likeminded countries? I think of the US, Canada, Australia and European Union partners. Many of them will want to do the same. Is there formal co-ordination? Are there discussions going on at the UN General Assembly session in New York this week? What is being done about the risks in the region? Finally, I wholly concur with the questions raised about the Nationality and Borders Bill—questions about evidence and of delay in process. The system is already difficult enough; should we be making it even harder for LGBT+ asylum seekers? Surely not. I hope that the Minister will have some answers.

[Sir Gary Streeter (in the Chair)]

Minister, please leave one minute after your response for Kate Osborne to respond.