Factsheet on Shari’a and LGBTI Persons – In some countries around the world, criminal laws provide for the death penalty based on religious interpretations. This factsheet highlights countries with death penalty laws that target the LGBTI community. All of the 10 countries where consensual same-sex relationships are formally punishable by death justify denial of rights and personhood based on official interpretations of Shari’a. This factsheet provides an overview of the international human rights standards relevant to the official enforcement of religion-based laws imposing capital punishment on LGBTI persons. It also explains how laws that make same-sex relationships subject to the death penalty violate the human dignity and rights of LGBTI persons and embolden societal hostility, discrimination, and violence against them.
View PDF
Mar 26, 2021
In some countries around the world, religion-based laws are used by governments to impose capital punishment against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. All of the 10 countries where consensual same-sex relationships are punishable by death (Afghanistan, Iran, Mauritania, Nigeria, Pakistan, Qatar, Saudi Arabia, Somalia, United Arab Emirates, and Yemen) justify denial of rights and personhood based on official interpretations of Shari’a (Islamic law).
International standards are clear that governments should not desecrate the rights of LGBTI persons through the imposition of the death penalty under interpretations of Shari’a or any other religion-based laws. Laws that make same-sex relationships subject to the death penalty violate the human dignity and rights of LGBTI persons and embolden societal hostility, discrimination, and violence against them.
This week, USCIRF Vice Chair Anurima Bhargava joins us to discuss USCIRF’s recently-released factsheet on Shari'a and LGBTI Persons.
Featuring:
Dwight Bashir, Director of Outreach and Policy, USCIRF
Anurima Bhargava, Vice Chair, USCIRF
Status: partially_implemented
Year:
Country: Pakistan
Recommended To: U.S. Department of State
Source: 2019 USCIRF Annual Report
Recommendation:Encourage the government of Pakistan and the Standing Committee on Religious Affairs and Interfaith Harmony to create the National Commission for Minorities’ Rights as mandated by the Supreme Court of Pakistan’s 2014 decision
Actions Taken:NCM was created in 2020 but excluded Ahmadi Muslims
Status: partially_implemented
Year:
Country: Pakistan
Recommended To: U.S. Department of State
Source: 2019 USCIRF Annual Report
Recommendation:Enter into a binding agreement, under section 405(c) of IRFA, with the government of Pakistan, to encourage substantial steps to address violations of religious freedom with benchmarks
Actions Taken:Binding agreement made but not all benchmarks have been met.
Status: partially_implemented
Year:
Country: Pakistan
Recommended To: Government of Pakistan
Source: 2019 USCIRF Annual Report
Recommendation:Release blasphemy prisoners and other individuals imprisoned for their religion or belief
Actions Taken:Few were acquitted and released on bail
Status: not_implemented
Year:
Country: Pakistan
Recommended To: U.S. Department of State
Source: 2019 USCIRF Annual Report
Recommendation:Assign a portion of existing State Department programs to help the government of Pakistan protect at-risk religious minority community leaders—both with physical security and personnel—and create partnerships with government bodies, such as the Pakistan Electronic Media Regulatory Authority, to ensure that extremist rhetoric that precedes attacks on minorities is addressed.
Status: not_implemented
Year:
Country: Pakistan
Recommended To: Government of Pakistan
Source: 2020 USCIRF Annual Report
Recommendation:Repeal blasphemy and anti-Ahmadiyya laws; until repeal is accomplished, enact reforms to make blasphemy a bailable offense, require evidence by accusers, ensure proper investigation by senior police officials, allow authorities to dismiss unfounded accusations, and enforce existing Penal Code articles criminalizing perjury and false accusations
Status: not_implemented
Year:
Country: Pakistan
Recommended To: U.S. Department of State
Source: 2020 USCIRF Annual Report
Recommendation:Redesignate Pakistan as a “country of particular concern,” or CPC, for engaging in systematic, ongoing, and egregious violations of religious freedom, as defined by the International Religious Freedom Act (IRFA), and lift the waiver releasing the administration from taking otherwise legislatively mandated action as a result of the designation
Status: not_implemented
Year:
Country: Pakistan
Recommended To: Government of Pakistan
Source: 2019 USCIRF Annual Report
Recommendation:Repeal its blasphemy and anti-Ahmadiyya laws; until repeal can be accomplished, enact reforms to make blasphemy a bailable offense, require evidence by accusers, and allow authorities to dismiss unfounded accusations, and also urge the enforcement of existing Penal Code articles that criminalize perjury and false accusations
Status: partially_implemented
Year:
Country: Pakistan
Recommended To: U.S. Department of State
Source: 2020 USCIRF Annual Report
Recommendation:Enter into a binding agreement, under Section 405(c) of IRFA, with the Pakistani government to encourage substantial steps to address religious freedom violations with benchmarks
Actions Taken:Binding agreement made but not all benchmarks have been met