SDLP Youth Calls for Continued Safe Passage for LGBTQI Afghans to the UK

In August 2021, we were deeply concerned by the developments in Afghanistan, following the Taliban’s return to governance. The Taliban’s restoration to power represented a sharp regression in the progression of human rights protection, equality, and the rule of law for Afghan citizens. The UN High Commissioner for Human Rights Michelle Bachlet, in August 2021 submitted to the Human Rights Council reports of violations of international humanitarian law and human rights abuses taking place in many areas under Taliban control, illustrating that the international community must remain vigilant as regards violations of international law and be prepared to provide sanctuary to Afghans who suffer an infringement of their human rights. 

We were and remain concerned about the ramifications of the erosion of the advancement of human rights and equality in Afghanistan and in particular, we express our concern for the safety and wellbeing of activists and organisations which have sought to uphold the recognition and protection of human rights and dignity of marginalised citizens. 

SDLP Youth remains deeply worried as to the looming threat of violence and persecution of LGBTQI persons in Afghanistan, especially LGBTQI activists and human rights organisations. LGBTQI persons in Afghanistan face an alarming threat of violence under the Taliban: not least due to the specific interpretation of Sharia law espoused during the former Taliban regime, but also arising from public statements issued by Taliban representatives as to the sentencing gay men to execution. Moreover, on Friday 29 October, a Taliban spokesman informed the Reuters news agency that the Taliban would not respect the rights of LGBTQI persons in the country. As such, it is our strong belief that the particular threat faced by LGBTQI persons in Afghanistan because of their sexual orientation or gender identity must be recognised by the international community, within the context of providing sanctuary to refugees and asylum seekers. 

As socialists and internationalists, we believe it is crucial that the UK Government uphold its obligations under international law, and strive to ensure the safe passage of LGBTQI Afghans seeking to leave Afghanistan most especially in light of the recent Taliban statement which makes clear that LGBTQI persons in the country will be at risk. We therefore welcomed the news of 30 October 2021 of the first arrivals of LGBTQI Afghans to the UK. 29 Afghans were provided safe passage to the UK and the UK Foreign Office has stated that more LGBTQI Afghans will be supported in their attempts to flee Afghanistan and be resettled in the UK.

However, whilst we welcome the work of the UK Government in delivering the safe arrival of LGBTQI Afghans to the UK, we are aware of the poor track record of the UK Home Office in providing asylum to LGBTQI persons. Research conducted by the University of Sussex in 2020 found the applications of LGBTQI persons seeking asylum in the UK on the grounds of their sexual orientation and gender identity were routinely denied due to a “culture of a disbelief” whereby officials did not accept the applicants were LGBTQI persons, and/or did not accept that the applicants were at risk of persecution in their home country. Further, the burden of proof deployed within the UK asylum system is unfair, falling heavily upon applicants in breach of international refugee law, which stipulates that evidence gathering must be an equal responsibility of officials. 

We therefore call on both the UK Government to continue to work to ensure safe passage for LGBTQI Afghans leaving Afghanistan, including through working in cooperation with international LGBTQI organisations, and to accelerate the processing of LGBTQI asylum seekers. We reaffirm our previous call for the urgent resettlement of LGBTQI Afghans in light of the particular risk which they face residing in an Afghanistan governed by the Taliban.

We condemn the continued passage of the Nationality and Borders Bill, and call upon the UK Government to withdraw this Bill, and in conjunction with this action to further rescind its continuing policy of operating a deliberate hostile environment for migrants and refugees. In particular, we call for the UK Home Office to undertake a review of its existing policy and practice as regards the experience of LGBTQI persons undergoing the asylum process in the UK, which should be conducted with LGBTQI organisations and draw on the experiences of LGBTQI asylum seekers. It is crucial that the current operational burden of proof within the system should be applied in accordance with international law.