LGBTQ+ Afghan Refugees

Martin Docherty-Hughes Excerpts

Tuesday 21st September 2021 Westminster Hall

[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.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

I am very grateful to the hon. Member for securing the debate. On the issue of fleeing Afghanistan to other countries, I am keenly aware of the point that they make. Do they agree that doing transfers of LGBTQ Afghans into such countries must be done extremely sensitively if they are accessing the Afghan relocations and assistance scheme launched by the Government or fleeing to those countries through any other system?

[Kate Osborne]

I thank the hon. Member and agree with him. I will touch on that a little later in my contribution.

Many LGBTQ+ Afghans will not be safe to come forward and identify themselves because their families and communities can also be the source of their persecution, and officials in host countries may also be a danger. Will the Government call on and hold accountable those in neighbouring states to ensure that their borders are open, that they do not ill-treat people in need of protection, and that emergency humanitarian support is delivered to those in need at all stages of their migration? That has become even more critical, as a briefing I was at just this afternoon told us how large numbers of humanitarian services are still suspended in Afghanistan.

The UK is rightly one of many countries offering resettlement to Afghan refugees. I would also like to see the UK take a leadership role in ensuring that in every settlement programme LGBTQ+ people are prioritised and their needs met. To do this, the UK Government should immediately bring together partnering Governments, refugee organisations and LGBTQ+ civil society organisations to ensure the inclusion and safety of LGBTQ+ Afghans throughout their resettlement processes.

Will the Minister work with our partner countries around the world to name LGBTQ+ people as a priority in all Afghan resettlement programmes and to commit to pathways tailored to LGBTQ+ Afghans, including legal status, humanitarian protection and a commitment to their permanent residence?

--- Later in debate ---

[Bell Ribeiro-Addy (Streatham) (Lab)]

I congratulate my hon. Friend the Member for Jarrow (Kate Osborne) on securing this important debate. In this tragic chapter of warfare displacement and human suffering, it is our duty as one of the main occupying powers in Afghanistan to act responsibly and honour our humanitarian obligations.

LGBTQ+ Afghans are among the most vulnerable. They bear the brunt, not just in the aftermath of the conflict, but in the ongoing persecution that stems from the former Afghan Government, the current Taliban regime, the unsafe resettlement camps, the hostile neighbouring third countries and, perhaps most saddening, at times from their own families and communities.

The multiple threats to LGBTQ+ Afghans’ lives show that they have been disproportionately targeted. We have heard horrific stories of people being humiliated publicly on the streets, forced into marriage and tortured. As if that were not cruel enough, we have heard today both former and current regimes in the country advocating the death penalty. They suffer indignity and persecution just for loving someone of the same sex.

In the aftermath of war there will be an inevitable rise in the number of refugees and asylum seekers. That is why I support all the calls made today by Stonewall, Rainbow Migration and others for LGBTQ+ Afghan refugees to be given safe haven in the UK. Although I welcome the Government’s recent commitments to take in those refugees as part of the Afghan citizens’ resettlement scheme, it is hard to put faith in a Government who have deported 15,000 Afghans from the UK over the past decade. I understand that this particular circumstance has changed, but it is worth mentioning that, as recently as 2017, the Home Office stated that

“a practising gay man who would not attract or seek to cause public outrage would not face a real risk of persecution”.

[Martin Docherty-Hughes]

Does the hon. Lady agree with me that the Minister might like to explain what that actually means to the Members here today?

[Bell Ribeiro-Addy]

Absolutely. I am hoping for that explanation at the end of the debate, because it is a disgrace that the Government, having said that, would give themselves credit for the inadequate support they continue to give to LGBTQ+ Afghans.

To make matters worse, the Government’s Nationality and Borders Bill will drastically limit the ability of those facing persecution to apply for asylum in the UK. It will only guarantee temporary protection for refugees travelling via a third country. Inhumane offshore accommodation conditions; raising the standard required for someone to prove they are LGBTQ+; not allowing adequate time for vulnerable LGBTQ+ applicants to present themselves to immigration officials: all of that is in this damning Bill, which is another indictment of the Government’s cruel and inhumane immigration system.

I want to highlight a letter to the Prime Minister from my local borough of Lambeth which states that

“the environment for LGBTQ+ people in Afghanistan is harsher at present than almost anywhere else in the world.”

It goes on to say:

“The actions you take to secure the human rights—and indeed the lives—of LGBTQ+ Afghans will speak volumes…I call on your Government to act quickly to protect the lives of all LGBTQ+ people in—and displaced from—Afghanistan.”

--- Later in debate ---

[Martin Docherty-Hughes]

Will the hon. Lady give way?

[Victoria Atkins]

I will just finish this point. I am mindful of time, as there is a lot to get through.

We very much hope that by continuing to work together, including through the coalition, that we will improve international co-operation to help people known to be at risk. We are also working with the international community to ensure a co-ordinated approach to Afghanistan, including helping to deliver the UN Security Council resolution setting out expectations for safe passage for all who wish to leave, urgent humanitarian access, and respect for human rights and the prevention of terrorism.

In addition to that, our wider international human rights work includes our network of over 280 diplomatic missions, which monitor and raise human rights in their host countries. Sadly, of course, we currently have no support in Afghanistan because of the perilous security situation there. However, those diplomatic efforts continue around the region, and our UK missions are very much working, I am told, to promote human rights.

[Martin Docherty-Hughes]

How can the Minister square those comments with sending Afghan LGBTQ asylum seekers back to Afghanistan two weeks prior to the fall, as long as they did not create “outrage” in the local community?

[Victoria Atkins]

I am not familiar with the cases that the hon. Gentleman has raised. I hope he will bear with me. I appear here as the Minister responsible for Afghan resettlement, but if he wants to raise those cases with the Minister responsible for immigration, my hon. Friend the Member for Torbay (Kevin Foster), I know that he will want to deal with them. As I say, I do not have knowledge of those cases.

Many Members understandably asked what more we can do to support LGBT+ people from the region, who we welcome and will welcome. One of my constant pleas to colleagues across the House is to encourage local councils to play their part in offering permanent accommodation to our new Afghan friends. We have new offers of accommodation since I addressed the House last week, which is pleasing, but we need to encourage every single council to play its part.

In relation to Operation Pitting, we were able to call forward a number of people outside the established ARAP scheme. Some of those who arrived in the UK and who are in accommodation will form part of the Afghan citizens’ resettlement scheme. The hon. Member for Cardiff South and Penarth asked me for numbers, and I regret that I cannot provide those numbers at the moment. Again, I hope that he and others will understand that we are using a trauma-informed approach in our conversations with the people we have welcomed. The hon. Gentleman will appreciate that people may not feel able to share their personal circumstances related to the topic of this debate at this stage. We are being very careful in the way that we deal with them and that is part of our commitment. Through our work so far, with the policy statement issued last week and my statement to the House, we have been clear that LGBT+ people are part of the vulnerable cohort that we are carefully considering for the future.

A number of colleagues asked about documents. As I said in my statement last week, we will be taking a concessionary approach for Afghans similar to that which we took for Syrian nationals in 2015, because we understand that many people will have fled without documentation or have had to destroy it. Again, I ask Members to please look at the policy statement we issued.

As part of our warm welcome, we have announced that people who arrived under ARAP or who form part of the citizens’ scheme will have indefinite leave to remain. This is significant progress for those people because it will mean that they can live, work, contribute and settle into our community. We are working with international partners, and I have already met the UNHCR to discuss how we can work together. There is a great deal of work going on with other international organisations, because we want to ensure that as and when the security situation changes—I hope improves—with the Taliban, that we are able to reach the very people about whom we are all so concerned.

I hope that in this short time I have been able to give hon. Members the direction of travel for the Government. I remain, as always, happy to discuss this and other policies with hon. Members.