Country policy and information note: Sexual orientation and gender identity and expression, Pakistan, April 2022 (accessible)

Question 1

Preface

Accepted Answer

Purpose

This note provides country of origin information (COI) and analysis of COI for use by Home Office decision makers handling particular types of protection and human rights claims (as set out in the Introduction section). It is not intended to be an exhaustive survey of a particular subject or theme.

It is split into 2 parts: (1) an assessment of COI and other evidence; and (2) COI. These are explained in more detail below.

Assessment

This section analyses the evidence relevant to this note - that is information in the COI section; refugee/human rights laws and policies; and applicable caselaw - by describing this and its inter-relationships, and provides an assessment of, in general, whether one or more of the following applies:

a person is reasonably likely to face a real risk of persecution or serious harm
that the general humanitarian situation is so severe that there are substantial grounds for believing that there is a real risk of serious harm because conditions amount to inhuman or degrading treatment as within paragraphs 339C and 339CA(iii) of the Immigration Rules/Article 3 of the European Convention on Human Rights (ECHR)
that the security situation is such that there are substantial grounds for believing there is a real risk of serious harm because there exists a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in a situation of international or internal armed conflict as within paragraphs 339C and 339CA(iv) of the Immigration Rules
a person is able to obtain protection from the state (or quasi state bodies)
a person is reasonably able to relocate within a country or territory
a claim is likely to justify granting asylum, humanitarian protection or other form of leave, and
if a claim is refused, it is likely or unlikely to be certifiable as ‘clearly unfounded’ under section 94 of the Nationality, Immigration and Asylum Act 2002.

Decision makers must, however, still consider all claims on an individual basis, taking into account each case’s specific facts.

Country of origin information

The country information in this note has been carefully selected in accordance with the general principles of COI research as set out in the Common EU [European Union] Guidelines for Processing Country of Origin Information (COI), April 2008, and the Austrian Centre for Country of Origin and Asylum Research and Documentation’s (ACCORD), Researching Country Origin Information – Training Manual, 2013. Namely, taking into account the COI’s relevance, reliability, accuracy, balance, currency, transparency and traceability.

The structure and content of the country information section follows a terms of reference which sets out the general and specific topics relevant to this note.

All information included in the note was published or made publicly available on or before the ‘cut-off’ date(s) in the country information section. Any event taking place or report/article published after these date(s) is not included.

All information is publicly accessible or can be made publicly available. Sources and the information they provide are carefully considered before inclusion. Factors relevant to the assessment of the reliability of sources and information include:

the motivation, purpose, knowledge and experience of the source
how the information was obtained, including specific methodologies used
the currency and detail of information
whether the COI is consistent with and/or corroborated by other sources.

Multiple sourcing is used to ensure that the information is accurate and balanced, which is compared and contrasted where appropriate so that a comprehensive and up-to-date picture is provided of the issues relevant to this note at the time of publication.

The inclusion of a source is not, however, an endorsement of it or any view(s) expressed.

Each piece of information is referenced in a footnote. Full details of all sources cited and consulted in compiling the note are listed alphabetically in the bibliography.

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Independent Advisory Group on Country Information

The Independent Advisory Group on Country Information (IAGCI) was set up in March 2009 by the Independent Chief Inspector of Borders and Immigration to support him in reviewing the efficiency, effectiveness and consistency of approach of COI produced by the Home Office.

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Information about the IAGCI’s work and a list of the documents which have been reviewed by the IAGCI can be found on the Independent Chief Inspector’s pages of the gov.uk website.

Question 2

Assessment

Accepted Answer

Updated: 25 March 2022

Question 3

1.  Introduction

Accepted Answer

1.1 Basis of claim

1.1.1 Fear of persecution and/or serious harm by state or non-state actors because of the person’s actual or perceived sexual orientation and/or gender identity or expression.

1.2 Points to note

1.2.1 This note provides an assessment of the general situation of gay men, lesbians, bisexuals, trans and intersex persons as well as those perceived as such. They are referred hereafter collectively as ‘LGBTI persons’, though the treatment and experiences of each group may differ.

1.2.2 Most sources in this note refer to LGBTI collectively or to the experiences of trans persons in particular. There is limited information about the experiences of gay and bisexual men or lesbian and bisexual women.

1.2.3 In Pakistani law trans persons are defined as intersex, eunuchs, transgender men and transgender women. They are also referred to under the umbrella term ‘khawaja sira’ or ‘hijras’ (see Domestic legislation).

1.2.4 For general guidance on considering claims made by LGBTI persons, decision makers should refer to the Asylum Instructions on Sexual identity issues in the asylum claim and Gender identity issues in the asylum claim.

Question 4

2.  Consideration of issues

Accepted Answer

2.1 Credibility

2.1.1 For information on assessing credibility, see the instruction on Assessing Credibility and Refugee Status, and the Asylum Instructions on Sexual identity issues in the asylum claim and Gender identity issues in the asylum claim.

2.1.2 Decision makers must also check if there has been a previous application for a UK visa or another form of leave. Asylum applications matched to visas should be investigated prior to the asylum interview (see the Asylum Instruction on Visa Matches, Asylum Claims from UK Visa Applicants).

2.1.3 In cases where there are doubts surrounding an person’s claimed place of origin, decision makers should also consider the need to conduct language analysis testing (see the Asylum Instruction on Language Analysis).

2.2 Exclusion

2.2.1 Decision makers must consider whether there are serious reasons for considering whether one (or more) of the exclusion clauses is applicable. Each case must be considered on its individual facts and merits.

2.2.2 If the person is excluded from the Refugee Convention, they will also be excluded from a grant of humanitarian protection (which has a wider range of exclusions than refugee status).

2.2.3 For further guidance on the exclusion clauses and restricted leave, see the Asylum Instruction on Exclusion under Articles 1F and 33(2) of the Refugee Convention, Humanitarian Protection and the instruction on Restricted Leave.

Official – sensitive: Start of section

The information in this section has been removed as it is restricted for internal Home Office use.

Official – sensitive: End of section

2.3 Convention reason(s)

2.3.1 Actual or imputed particular social group (PSG).

2.3.2 LGBTI persons form a particular social group (PSG) in Pakistan within the meaning of the Refugee Convention because they share an innate characteristic or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it and have a distinct identity in Pakistan because the group is perceived as being different by the surrounding society.

2.3.3 Although LGBTI persons form a PSG, establishing such membership is not sufficient to be recognised as a refugee. The question to be addressed is whether the person has a well-founded fear of persecution on account of their actual or imputed convention reason.

2.3.4 For further guidance on the 5 Refugee Convention grounds see the Asylum Instruction on Assessing Credibility and Refugee Status.

2.4 Risk

a. State treatment

2.4.1 The Pakistan Penal Code (PPC) does not explicitly refer to same-sex sexual activity, but Section 377 defines ‘carnal intercourse against the order of nature’, as punishable by a fine and/or imprisonment for a period of 2 years to life. There is ambiguity on whether Section 377 applies to women, but it is assumed the law applies to both men and women. The Offence of Zina (Enforcement Of Hudood) Ordinance of 1979 criminalises any form of penetration in a sexual act outside of marriage. Whilst consensual same-sex sexual acts are not explicitly covered by these provisions since LGBTI people are not able to marry they suggest that any same-sex sexual acts that involve penetration could be prosecuted under sharia provisions and may be punished by death. There are no laws prohibiting discrimination on the basis of sexual orientation, consensual same-sex sexual acts are prohibited as are same-sex civil unions or marriages, and same-sex couples cannot adopt children (see Legal rights and Application of the law).

2.4.2 Unlike lesbians, gay men and bisexuals, the rights of trans persons are recognised under the 2018 Transgender Persons (Protection of Rights) Act (TPPR Act), which allows trans people (defined in the TPPR Act as intersex, eunuchs, trans men and trans women) to self-identify, register to obtain a driver’s license and passport, as well as the right to change and register their gender (if aged over 18) with all government departments, including with the National Database and Registration Authority (NADRA) who issue national identity cards, upon which trans persons are defined by an ‘X’. Discrimination and harassment of trans persons is also prohibited under the law. They have also been included in government policies and employment (see Domestic legislation, Government position and Access to services).

2.4.3 In practice, the proscriptive laws rarely lead to convictions or prosecutions under the PPC or Sharia provisions, although Sections 377 and 294 (‘Obscene Acts and Songs’) of the PPC have sometimes been used by police as a means to extract bribes or sexual favours under threat of prosecution, particularly against men who have sex with men (MSM) and trans women, who may also be subject to harassment, humiliation, and violence by the police, including sexual violence (see Application of the law, Arrests and detention and Treatment by the police). However, all LGBTI persons may be at risk of sanction under provisions of the PPC and sharia law (see Legal rights).

2.4.4 There is limited information about the extent of the treatment by the state faced by lesbian, gay or bisexual persons who openly express their sexual orientation or gender identity. Most information focusses on trans persons, who are protected under the law and have seen an increased inclusion in government programmes and employment, but they may still face discrimination and abuse by state actors.

2.4.5 In general, a person living openly as LGBTI is not at real risk of persecution or serious harm by the state. However, each case must be considered on its facts with the onus on the person to demonstrate that they would be at real risk on return. If a person does not openly express their sexual orientation or gender identity, consideration must be given to the reasons why they do not.

2.4.6 For further guidance on assessing risk, see the Asylum Instruction on Assessing Credibility and Refugee Status, and the Asylum Instructions on Sexual identity issues in the asylum claim and Gender identity issues in the asylum claim.

b. Societal treatment

2.4.7 Pakistan is a conservative Muslim society in which anti-LGBTI attitudes persist and are widespread. LGBTI persons face societal discrimination and stigma as well as family and societal pressure to conform to cultural and religious norms, including marriage. Whilst men who have sex with men (MSM) is reported to be a common phenomenon, being openly gay (or lesbian) is not (see Societal attitudes and treatment).

2.4.8 Various sources maintain that LGBTI persons are, in general, reluctant to be open about their sexuality as they may face abuse, forced marriage, ‘honour killings’, humiliation, societal discrimination and harassment, including in the workplace, in the family and in accessing housing and healthcare. Some persons from a higher socio-economic background in urban areas may ‘come out’ to their family or friends and have access to the ‘underground gay scene’ at private parties or on social media, but if their sexuality is known, they may be exposed to violence or blackmail (see Societal attitudes and treatment).

2.4.9 There is a degree of societal acceptance of trans persons – primarily khawaja siras – who do not conform to the traditional gender binaries. Trans persons are increasingly represented in television and radio roles and in coverage of trans issues in the media. However, many are marginalised or ostracised by their families or wider society and there are numerous reports of violence, intimidation and abuse, particularly against trans women (see Societal attitudes and treatment).

2.4.10 Several organisations offer support and/or advocacy for LGBTI persons throughout Pakistan, particularly in larger cities, although advocates for LGBTI persons may be vulnerable to attack by non-state actors (see Civil society groups and NGOs).

2.4.11 In general, a person living openly as LGBTI is likely to be at risk of treatment from non-state actors which is sufficiently serious by its nature and repetition, or by an accumulation of various measures, that it amounts to persecution or serious harm. Each case must be considered on its facts.

2.4.12 Reasons for not being open about their sexual orientation, gender identity or expression may be because the person wishes to conform to societal norms but may also be due to fear of discrimination and/or violence. If a person does not openly express their sexual orientation or gender identity, consideration must be given to the reasons why they do not.

2.4.13 For further guidance on assessing risk, see the Asylum Instruction on Assessing Credibility and Refugee Status, and the Asylum Instructions on Sexual identity issues in the asylum claim and Gender identity issues in the asylum claim.

2.5 Protection

2.5.1 Where the person has a well-founded fear of persecution from the state they will not, in general, be able to obtain protection from the authorities.

2.5.2 Where the person has a well-founded fear of persecution from non-state actors, including ‘rogue’ state actors, decision makers must assess whether the state can provide effective protection.

2.5.3 Sources indicate that sexual minorities may be reluctant to report crimes against them for fear of revealing their sexual orientation or because they suspect the response will be inadequate. Whilst there have been some reported cases of persons arrested for crimes against trans persons, these arrests are generally only made in cases of serious crime, such as rape or murder, and not for incidences of harassment or homophobia, which usually go unreported due to fear of defamation or maltreatment by the police (see Legal rights and State attitudes and treatment).

2.5.4 Homophobic and discriminatory attitudes also negatively affect how the police handle complaints by LGBTI persons and violence perpetrated against them and several sources indicate that such complaints are not always seriously investigated by the police. However, a few sources point out that, in some cases, the police have responded appropriately to charges or abuses against trans persons (see Police and judicial response to violence against LGBTI persons).

2.5.5 In general, the state may be able, but is not willing, to offer effective protection to lesbian, gay and bisexual persons and the person will not be able to avail themselves to the protection of the authorities. generally

2.5.6 Despite the passing of the Transgender Persons (Protection of Rights) Bill 2018, it is reported that police do not always provide adequate protection to trans persons. However, due to the prevailing law protecting trans persons, the reasonable steps taken by the state to operate an effective criminal justice system and that protection is usually accessible, in general, the state is willing and able to provide effective protection to trans persons. Each case must be considered on its facts.

2.5.7 For further guidance on assessing state protection, see the Country Policy and Information Note on Pakistan: Actors of protection, the Asylum Instruction on Assessing Credibility and Refugee Status, and the Asylum Instructions on Sexual identity issues in the asylum claim and Gender identity issues in the asylum claim.

2.6 Internal relocation

2.6.1 Where the person has a well-founded fear of persecution or serious harm from the state they are unlikely to be able to relocate to escape that risk.

2.6.2 Given that homophobic attitudes are prevalent throughout the country there is unlikely to be any place in Pakistan to which a lesbian, gay or bisexual person could reasonably relocate without making fundamental changes to their behaviour.

2.6.3 Trans persons are protected by law and, subject to their individual circumstances, relocation may be reasonable. Unofficial estimates indicated there were at least 300,000 trans persons across the country, with one estimate suggesting there were between 400,000 and 500,000 trans persons in Punjab alone.

2.6.4 Internal relocation will not be an option if it depends on the person concealing their sexual orientation and/or gender identity in the proposed new location if the reason (or one of the reasons) is a fear of persecution. Each case must be considered on its facts.

2.6.5 For further guidance on considering internal relocation and the factors to be taken into account, see the Asylum Instruction on Assessing Credibility and Refugee Status, and the Asylum Instructions on Sexual identity issues in the asylum claim and Gender identity issues in the asylum claim.

2.6.6 See also the Country Policy and Information Note on Pakistan: Background, including internal relocation.

2.7 Certification

2.7.1 Where a claim is refused, it is unlikely to be certifiable as ‘clearly unfounded’ under section 94 of the Nationality, Immigration and Asylum Act 2002.

2.7.2 For further guidance on certification, see Certification of Protection and Human Rights claims under section 94 of the Nationality, Immigration and Asylum Act 2002 (clearly unfounded claims).

Question 5

Country information

Accepted Answer

Section 3 updated: 25 March 2022

Question 6

3.  Legal rights

Accepted Answer

3.1 Constitution

3.1.1 The Constitution provisions on a citizen’s fundamental rights do not mention sexual orientation or gender identity although certain provisions may impact the constitutional rights of lesbian, gay and bisexual (LGB) persons^{[footnote 1]}. For example, Article 25 of the Constitution states ‘All citizens are equal before law and are entitled to equal protection of law.’^{[footnote 2]} Similarly, Article 27 prohibits discrimination in public services based on race, religion, caste, sex, residence or place of birth^{[footnote 3]}. According to Article 14, ‘The dignity of man and, subject to law, the privacy of home, shall be inviolable.’^{[footnote 4]}

3.1.2 However, there are no laws prohibiting discrimination on the basis of sexual orientation, consensual same-sex sexual acts are prohibited, there is no legal recognition of same-sex civil unions or marriages, and same-sex couples cannot adopt children^{[footnote 5]}.

3.2 Other legislation

3.2.1 The US Department of State (USSD) human rights report for 2020 noted that, ‘A 2012 Supreme Court ruling allows transgender individuals to obtain national identification cards listing a “third gender.” Because national identity cards also serve as voter registration, the ruling enabled transgender individuals to participate in elections, both as candidates and voters.’^{[footnote 6]}

3.2.2 The Transgender Persons (Protection of Rights) Act (TPPR Act), passed by parliament in 2018, aims to ensure the rights of trans persons. The law allows trans people to self-identify, register to obtain a driver’s license and passport, as well as to change and register their gender (if aged over 18) with all government departments, including, but not limited to, the National Database and Registration Authority (NADRA). Discrimination and harassment of trans persons is also prohibited under the law^{[footnote 7]}.

3.2.3 The TPPR Act, cited by the International Commission of Jurists (ICJ), defines a trans person as a person who is:

‘(i) “Intersex” (Khusra) with a “mixture of male and female genital features or congenital ambiguities”; or

‘(ii) “eunuch assigned male at birth, but undergoes genital excision or castration”; or

‘(iii) “a transgender man, transgender woman, Khawaja Sira or any person whose gender identity and/or gender expression differs from the social norms and cultural expectations based on the sex they were assigned at the time of their birth”.’^{[footnote 8]}

3.2.4 The term khawaja sira is often used as an umbrella term for trans persons^{[footnote 9]} ^{[footnote 10]}. However, according to a September 2020 article published by Il Grande Colibri, an LGBTQI voluntary association, ‘… khawaja sira is a transgender culture and not an Urdu translation for the term transgender.’^{[footnote 11]} Describing this culture, an article in The Sunday Long Read noted ‘The Khwaja Sira community dates back to the Mughal Empire, the 16th- to 19th-century power centered in India, and the term Khwaja Sira itself stems from when the word — derived from Urdu and Farsi — was used as a title for trans, castrated, and gender nonconforming officials in the Mughal court.’^{[footnote 12]} Il Grande Colibri noted ‘After the downfall of the Mughal Empire, the designation of the term khawaja sira (which was originally meant to describe eunuchs) started to get more largely used to address transgender women and non-binary people.’^{[footnote 13]}

3.3 Penal Code

3.3.1 The Pakistan Penal Code (PPC) does not specifically refer to same-sex sexual acts but deals with actions considered ‘unnatural offences’. Section 377 states ‘Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than two years nor more than ten years, and shall also be liable to fine … Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.’^{[footnote 22]}

3.3.2 According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) World December 2019 report, provisions under Section 377 of the PPC applied to all genders^{[footnote 23]}, though in the same report ILGA indicated same-sex sexual acts were illegal for men only^{[footnote 24]}. In its 2020 report, ILGA simply noted that same-sex sexual acts were criminalised^{[footnote 25]}.

3.3.3 The Australian Department of Foreign Affairs and Trade (DFAT) Country Information Report for Pakistan, dated January 2022, based on a various sources, noted, ‘Uncertainty around the definition of “carnal intercourse” makes it unclear whether this provision applies to sexual activity between women.’^{[footnote 26]} In an Independent Advisory Group on Country Information (IAGCI) commissioned review, dated 2015, by Professor of Politics at SOAS University of London, Dr Matthew Nelson, he noted that Section 377 of the PPC ‘criminalises “carnal intercourse against the order of nature”, which is usually read as prohibiting non-heterosexual sexual activity involving any form of penetration.’^{[footnote 27]} Dr Matthew Nelson considered that any form of penetration outside of a conventional understanding of heterosexual sexual contact is criminalised: lesbians and other bisexual or trans groups are not necessarily exempt^{[footnote 28]}.

3.3.4 However, whilst some sources did not clarify whether Section 377 of the PPC applied to lesbians, bisexual or trans persons, the Government of Pakistan (GoP) indicated, in its Global AIDS Monitoring 2020 progress report (covering January to December 2019) submitted to UNAIDS, that Section 377, ‘criminalizes male-to-male sex…’^{[footnote 29]}

3.3.5 The Neengar Society, a non-profit organization working in Pakistan for the rights of religious and sexual minorities, told the Research Directorate of the Immigration and Refugee Board of Canada (IRB) in 2013, that Section 294 – ‘Obscene Acts and Songs’ – of the PPC, was sometimes applied to trans persons and male sex workers^{[footnote 30]}. In its 2020 report, ILGA repeated this assertion^{[footnote 31]}.

3.3.6 Section 294 of the PPC states, ‘Whoever to the annoyance of others – a) does any obscene act in any public place, or b) sings, recites or utters any obscene songs, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.’^{[footnote 32]}

3.3.7 Section 375 of the PPC defines rape in gendered terms – as a crime that only a man can commit against a woman^{[footnote 33]} – thereby omitting the perpetration of male rape or rape against trans persons^{[footnote 34]} ^{[footnote 35]}.

3.4 Sharia (Islamic law)

3.4.1 Hudood legislation – in the late 1970s provisions were introduced to bring the Pakistan Penal Code into conformity with Sharia. The Offence of Zina (Enforcement of Hudood) Ordinance from 1979 specifies penalties for various acts described as crimes against God according to the Koran and Islamic legal tradition. This includes ‘zina’, that is, sexual intercourse outside marriage^{[footnote 36]}. A Federal Shariat Court may examine and decide whether any law is ‘repugnant to the injunctions of Islam’ and exercises jurisdiction over the lower courts deciding Hudood cases. The decisions of the Federal Shariat Court can be appealed to the Shariat Appellate Bench of the Supreme Court^{[footnote 37]}.

3.4.2 The Offence of Zina (Enforcement Of Hudood) Ordinance of 1979 states under section 4, ‘Zina: A man and a woman are said to commit “Zina” if they wilfully have sexual intercourse without being… married to each other … Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina.’^{[footnote 38]}

3.4.3 Dr Matthew Nelson, in his review of CPIT’s Pakistan COI products for the IAGCI, referred to section 4 of the Hudood Ordinance and noted:

‘This law does not specifically target LGBT groups. However, insofar as non-heterosexual relationships cannot be legalised in any form of marriage, it suggests that non-heterosexual sexual acts that involve penetration can be prosecuted. It should be noted that the same standard of “penetration” is used in the legal “explanations” pertaining to both Section 377 and the Hudood Ordinance. This standard is not necessarily restricted to gay men; it can be used to prosecute different forms of non-heterosexual and even heterosexual sexual contact…

‘[T]he legal punishment for zina (Sections 5 and 17 of the Ordinance) perpetrated by a Muslim is death. (For non-Muslims the punishment is lashing.) The evidentiary requirement for conviction, however, is very high, involving four [male] eyewitnesses [or confession^{[footnote 39]}] …’^{[footnote 40]}

3.4.4 According to a paper on Sharia and LGBT rights, by Javaid Rehman and Eleni Polymenopoulou of the Brunel Law School, published in 2013, ‘Regarding the punishment for homosexuality, there is a consensus among the four leading Sunni schools of thought and most Islamic scholars that homosexual acts are a major sin (fahicha) and may be punishable by death.’^{[footnote 41]} The IRB noted, in a response on the treatment of sexual and gender minorities, covering events between 2017 and January 2019, that according to sources, ‘… under Sharia… homosexuals face the death penalty in Pakistan.’^{[footnote 42]} The paper by Rehman and Polymenopoulou noted, ‘[F]or Islamic scholars who consider that the punishment of homosexuality is equivalent to the punishment for zina, the death sentence, provided the evidentiary requirements are met, may be also applied…’^{[footnote 43]}

3.4.5 Landinfo’s (the Norwegian Country of Origin Information Centre) considered in its report of May 2013 ‘… that Sharia law in Pakistan, as opposed Iran and Afghanistan, does not authorise the death penalty for voluntary sex between persons of the same gender. Lifetime imprisonment under Penal Code paragraph 377 thus seems to be the strictest penalty.’^{[footnote 44]}

3.4.6 However, the GoP stated in its Global AIDS Monitoring 2020 progress report that, ‘Sharia… carries heavy penalties for homosexuality – of imprisonment for 2-10 years or for life, or of 100 lashes or stoning to death (depending on whether the person is married or not).’^{[footnote 45]}

Section 4 updated: 25 March 2022

Question 7

4.  State attitudes and treatment

Accepted Answer

4.1 Government position

4.1.1 ILGA noted in its March 2019 State-Sponsored Homophobia report that ‘Pakistan has been particularly vocal at the Human Rights Council and at various UN fora in its refusal to embrace SOGI within the scope of the various human rights Treaty Bodies, and in its promotion of the “traditional values of humankind” resolutions at the Human Rights Council.’^{[footnote 46]}

4.1.2 The same report added, ‘During its 3rd cycle of the [Universal Periodic Review] UPR carried out in November 2017, Pakistan received seven SOGIESC [sexual orientation, gender identity, gender expression and sex characteristics] recommendations. It accepted two of them, whilst noting (functionally rejecting) all remaining five.’^{[footnote 47]} Pakistan ‘rejected’ the recommendations to adopt legislative measures to decriminalise consensual same-sex sexual relations and to take measures to protect the LGBTIQ community from discrimination and violations to their human rights^{[footnote 48]}.

4.1.3 The News International reported in February 2020 that parliamentarians had been approached by gay men requesting they have legal rights. Raising the issue in the Senate, Ghous Niazi MP said ‘… the government should not take dictation from Europe on the issue.’^{[footnote 49]}

4.1.4 Cedoca, the Documentation and Research Department of the Office of the Commissioner General for Refugees and Stateless Persons (CGRS), Belgium, published a report on the situation of sexual minorities in Pakistan, dated April 2020, covering events from August 2016 to 6 May 2020. The report cited an email dated 15 April 2020 from Qasim Iqbal, director of the NAZ Male Health Alliance (known as NAZ), a community-based organisation in Pakistan supporting men who have sex with men (MSM) and transgender rights, which responded to questions posed by Cedoca. Iqbal stated in regard to the position of sexual minorities under the prime minister, Imran Khan’s leadership, ‘There has been no acknowledgement of the LGBQ community in Pakistan however there has been a strong message of solidarity with the Transgender community with their inclusion in most of the social programs that have been declared in Imran Khan’s tenure and many Transgender representatives being employed in advisory positions in governmental institutions.’^{[footnote 50]}

4.1.5 According to the DFAT report, ‘Some 13 transgender candidates stood for election in 2018, and in 2019 Pakistan’s Minister for Human Rights appointed a transgender woman to her department for the first time.’^{[footnote 51]}

4.1.6 In December 2019, Prime Minister Imran Khan launched the provision of Sehat Insaf Cards (health insurance cards), under the Sehat Sahulat Programme (SSP – government health insurance for vulnerable persons), for the trans community^{[footnote 52]} ^{[footnote 53]}. Trans persons must register with the National Database and Registration Authority (NADRA) and acquire a National Identity Card (NIC) to benefit from the SSP^{[footnote 54]}. In March 2021 it was reported that only 1,600 trans persons were registered with NADRA, and only 500 had enrolled under the SSP^{[footnote 55]}, though according to interior ministry data, between July 2018 and June 2021 there were over 28,000 cases of gender change registered with NADRA^{[footnote 56]}.

4.2 Arrests and detention

4.2.1 The IRB cited Forum and Dignity Initiatives (FDI) and NAZ Pakistan, who stated in their 2017 Universal Periodic Review (UPR) submission, ‘In the last years, many cases have been reported where transgender women in Pakistan have been illegally arrested by the police using provisions of the law that criminalize same sex relationships and they have been charged with cases related to defying the order of nature (unnatural offence against the order of nature), public nascence [sic], unnatural offences and indecent assault.’^{[footnote 63]}

4.2.2 The GoP noted in its Global AIDS Monitoring 2018 progress report submitted to UNAIDS (covering 2017), that men who have sex with men (MSM) had been arrested ‘during the past 12 months.’^{[footnote 64]} The GoP’s progress reports for 2019 (covering 2018) and 2020 (covering 2019) repeated this assertion^{[footnote 65]} ^{[footnote 66]}. No information, however, was provided about the number of arrests or context in which the arrests were made^{[footnote 67]}.

4.2.3 The Express Tribune reported in July 2019 on the arrest of a British national woman from Azad Jammu and Kashmir (AJK) and her Pakistani niece at Islamabad airport after their travel documents indicated they were married. The pair, who were travelling to the UK, were arrested by Federal Investigative Agency (FIA) ‘… for misrepresenting facts on their travel documents.’ According to the report, ‘The British woman told FIA officers that a lawyer had guaranteed a visa for her niece if they pose as a lesbian couple and apply for asylum, citing a threat to their lives.’ The women were taken into custody and moved to the Human Trafficking Cell for further investigation^{[footnote 68]}. Further and corroborating information could not be found among the sources consulted by CPIT (see Bibliography).

4.2.4 In July 2020, The Express Tribune reported that a single-member bench of the Rawalpindi registry of the Lahore High Court had ordered the formation of a medical board to undertake a ‘gender test’ on a transman who was accused of changing his gender to marry a woman, known as Neha. Ali Akash, previously known as Aasma Bibi, maintained he had undergone gender reassignment surgery^{[footnote 69]}. The couple were summoned and charged with contracting a same-sex marriage after Neha’s father filed a writ in the Rawalpindi court contending the marriage was unIslamic^{[footnote 70]} ^{[footnote 71]}.

4.2.5 According to the English-language Pakistani newspaper, The News International, reporting on the above case in August 2020, Akash submitted a request for the medical examination to be stopped, which was denied. After this he failed to appear in court and claimed that he had divorced his wife in a bid for the case to be dropped. An arrest warrant for Akash was issued and Neha was also ordered to appear in court. The judge hearing the case claimed Akash was ‘impersonating as a boy’ to marry Neha and asserted ‘“We are living in an Islamic state rather in America. Some people wanted to make it America where boys marrying with boys and girls marrying with girls…”’^{[footnote 72]}

4.2.6 Trans-rights activist, Julie Khan, was arrested on 10 August 2020 by Islamabad police in an alleged fabricated case, reported Independent News Coverage Pakistan (INCPAK). The report noted, ‘According to social media Julie Khan was arrested and manhandled by Islamabad Police in an apparent fabricated case by the transgender community who do not want her around^{[footnote 73]}. According to New York-based magazine, Paper, Julia was held in the men’s section of the Adiyala jail^{[footnote 74]}, despite her legal status not being listed as male^{[footnote 75]}. Following protests about her arrest, Julie was released on bail on 18 August 2020^{[footnote 76]}. Further information on the status of the case could not be found among the sources consulted by CPIT (see Bibliography).

4.2.7 In October 2020, a Pakistan-based digital media platform reported that 2 lesbian women, who announced their relationship on Facebook, were ‘… arrested by the police after their relatives and friends reported about their relationship and marriage plan.’^{[footnote 77]} Further and corroborating information could not be found among the sources consulted by CPIT (see Bibliography).

4.3 Prosecutions and convictions

4.3.1 The IRB noted in a response dated January 2014, covering 2010 to 2013 events, ‘Several sources indicate that the law [Section 377] is rarely enforced in practice [in cases other than those involving children].’^{[footnote 78]} The President of Neengar Society told the IRB that, although Section 377 and 294 laws were rarely enforced, they were ‘used to threaten and blackmail people.’^{[footnote 79]} DFAT also noted in its 2019 report, ‘Section 377 has rarely been enforced, although police reportedly threaten men with prosecution as a means of extracting a bribe.’^{[footnote 80]} DFAT echoed this in its January 2022 report on Pakistan, noting that Section 377 was reportedly used by police ‘to extract bribes or sexual favours.’^{[footnote 81]}

4.3.2 Dr Matthew Nelson stated that, due to the high evidentiary requirements, ‘LGBT convictions for zina are very rare.’ He added ‘However, the fear of prosecution under Section 377 or the Hudood Ordinance is significant for LGBT individuals, even despite the fact that convictions leading to formal legal punishments are rare.’^{[footnote 82]}

4.3.3 ILGA stated in its report of May 2015, ‘We are not aware of contemporaneous evidence that consensual same-sex sexual activity has been targeted for the death penalty in… Pakistan.’^{[footnote 83]} In its 2017 report, ILGA noted ‘there appears to be no data to suggest the death penalty has been implemented in [Pakistan] for consensual same-sex sexual acts between adults and in private.’^{[footnote 84]} ILGA noted in 2019 that the death penalty is a ‘possible punishment’ in Pakistan for consensual same-sex sexual acts^{[footnote 85]}.

4.3.4 In its response of January 2019, the IRB cited an Agence France-Presse (AFP) article, dated October 2018, which reported that ‘Pakistan has never convicted anyone for homosexual acts.’^{[footnote 86]} The USSD did not report any legal actions against LGB persons in its 2019^{[footnote 87]} and 2020^{[footnote 88]} human rights reports, and neither did Freedom House in its 2020^{[footnote 89]} and 2021^{[footnote 90]} Freedom in the World reports on Pakistan.

4.3.5 In its Global AIDS Monitoring 2018 progress report, the GoP stated that trans people were ‘Neither criminalized nor prosecuted’ and acknowledged that a third gender was legally recognised^{[footnote 91]}. However, the GoP stated in its 2019 and 2020 Global AIDS Monitoring progress reports that trans people were ‘Both criminalized and prosecuted’ without indicating what had changed since 2018 or referring to specific legislation or acts against trans persons in support of this statement^{[footnote 92]} ^{[footnote 93]}. According to interior ministry data, between July 2018 and June 2021 there were over 28,000 cases of gender change registered with NADRA^{[footnote 94]}, indicating the TPPR Act was being applied.

4.4 Treatment by the police

4.4.1 In its 2019 report, the IRB cited sources that reported men who have sex with men (MSM) had been extorted by the authorities, including by police^{[footnote 95]}.

4.4.2 Reporting on trans women in Khyber-Pakhtunkhwa province, Human Rights Watch (HRW) stated in May 2018 that, ‘According to transgender rights groups, on occasions the police have taken transgender women to the police station, they taunted them, forcibly removed their clothing, ordered them to dance, and poured cold water on them when they refused. Those who complained were subjected to more abuse.’^{[footnote 96]}

4.4.3 The HRCP report for 2018 noted, ‘Transgender people particularly are subjected to harassment, humiliation, and violence by the police, including sexual violence.’^{[footnote 97]}

4.4.4 CPIT found limited additional relevant information on treatment by the police since the previous CPIN was published in July 2019.

4.4.5 Reporting on events in 2019 in Khyber Pakhtunkhwa (KP), the HRCP noted, ‘In February, Charsadda police refused to provide the community protection for a birthday celebration for one of their members despite permission being given by the district commissioner. It was claimed at the time that not one meeting had been held by a KP police committee formed for the protection of transgender persons in the province.’^{[footnote 98]}

4.4.6 Speaking with Reem Sharif, Pakistan’s first transgender police officer, a July 2020 Reuters article stated, ‘She [Sharif] believes she can have a positive impact upon the police, who often harass beggars and sex workers for bribes - the only work available to many trans people. ‘“The police … treat (trans people) with contempt and disdain since they, too, belong to the same society and have the same mindset as the rest.” she said.’^{[footnote 99]}

4.5 Police and judicial response to violence against LGBTI persons

4.5.1 The 2014 IRB response noted that:

‘According to Al Arabiya News, an English-language news service based in Dubai, most hate crimes against LGBT people in Pakistan are unreported or are out of the public spotlight (24 Aug. 2014). Similarly, the WEWA [Women Employees Welfare Association] representative indicated that in cases in which gay men or lesbians are murdered, the family often does not report the motive of the crime in order to not dishonour the family, or claims it was an “honour killing” or a suicide (31 Dec. 2014).’^{[footnote 100]}

4.5.2 The IRB report of 2019 cited:

‘The Director of the Neengar Society indicated that “[s]eeking police protection on the grounds of sexual orientation is not possible” in Pakistan and that “[r]elevant clauses do not exist in the Pakistani Penal Code or Code of Criminal Procedure”. However, the same source also stated the following:

‘“During recent years there have been reported cases of individuals who were arrested for crimes against members of sexual minorities. Although it is important to note that arrests are only made in cases of heinous offences [such as] murder, rape, physical torture, etc. Other cases like sexual harassment, homophobia, and extortion usually go unreported due to victims’ fear of defamation and persecution”.

‘Regarding the obstacles for sexual and gender minorities to report incidents to police, the same source further stated that having one’s “sexual orientation or gender identity [revealed] might increase risks and threats to safety and life of an individual”.’^{[footnote 101]}

4.5.3 The same report noted:

‘Concerning treatment of transgender persons by law enforcement agencies, FDI and NAZ Pakistan indicate the following:

‘“The police harass and mock the [t]ransgender complainants, and often make sexual advances. A complaint is rarely registered, and they exhibit an indifferent attitude. The transgender communities feel scared and intimidated by the police and often choose not to report the crimes. The police’s reputation is further tarnished in the community because of its pattern of profiling [transgender persons] and harassing them in public spaces”.’^{[footnote 102]}

4.5.4 The IRB 2019 report added ‘The Nation’s [2017] article on attacks against transgender persons reports that the Pakistani state “does nothing to protect them against the constant attacks they face on a daily basis” … RFE/RL reports that “[d]ozens of transgender people” protested in Peshawar in August 2018 to demand more protection from violent crimes.’^{[footnote 103]}

4.5.5 Referring to the 66 trans people killed between 2015 and 2019 in Khyber Pakhtunkhwa, DFAT noted that, according to the NGO Trans Action Alliance, no arrests had been made^{[footnote 104]}.

4.5.6 Reporting on events in 2019 in Khyber Pakhtunkhwa, the HRCP noted in its section under trans persons that, ‘When Shakeela was forcibly taken from outside a mosque in Mardan on Eid day in June, beaten and her head shaved for refusing to pay extortion money to the gang, the police took no action. An FIR was only registered after a protest but no arrests were made.’^{[footnote 105]}

4.5.7 In July 2019, The News International reported that a local court in Peshawar sentenced to death the killer of a transwoman 2016^{[footnote 106]}. In October 2019, Dawn news reported on the reluctance of police to record the reported torture and rape of a trans person. Although police later claimed to have registered the case and ‘booked’ 5 persons for rape and kidnapping, no arrests were made^{[footnote 107]}. In April 2020, UCA news reported that a man had been arrested on suspicion of the rape and murder of a teenage trans boy^{[footnote 108]}.

4.5.8 Qasim Iqbal of NAZ stated in his email to Cedoca in April 2020:

‘Instead of protections for the LGBTQ community against violence, there are punitive laws that outlaw their gender and sexual identity. This deincentivizes people from reporting violations to law enforcement. There are no laws to prosecute violations against the queer community and this has inculcated a culture where violence against LGBTQ are often ignored or even nurtured by law enforcement. More recently, there has been legislation passed in the National Assembly and Senate that protects the rights of the Transgender community, but the discriminatory nature of law enforcement towards the transgender community still persists.’^{[footnote 109]}

4.5.9 Iqbal was also cited as saying:

‘There is no legislation that protects the LGBTQ community from violence. Even if cases are reported of violence against an LGBTQ person, the police are more likely to indite [sic] the accuser for involvement in homosexual acts as the victims feel endangered because of their sexual orientation and often do not even report cases. More recently, the transgender community has been gaining legal ground on reporting and prosecuting cases of violence against them. One such case was that a man accused of murdering a transgender person was arrested by the police and for the first time in Pakistani history was sentenced to prison for his crime after he was proven guilty in a court trial.’^{[footnote 110]}

4.5.10 The HRCP annual report for 2020 said that, ‘perpetrators are not apprehended’ when cases of violence against members of the transgender community were registered with the police^{[footnote 111]}.

4.5.11 Similar to its 2018^{[footnote 112]} and 2019^{[footnote 113]} reports, the USSD 2020 human rights report noted, in regard to continued violence and discrimination against LGBTI persons, that, ‘The crimes often went unreported, and police generally took little action when they did receive reports.’^{[footnote 114]}

4.5.12 In an October 2021 Dawn article, it was reported that:

‘Addressing a news conference at Peshawar Press Club on Tuesday, Transgender Alliance president Farzana Jan said that the growing incidents of violence against transgender community forced many of its members to leave Khyber Pakhtunkhwa.

‘On the occasion, Mahi Gul and Ghazala, members of the transgender community, alleged that influential people were involved in violence against them but police were reluctant to take action against the accused persons…

‘“We are not safe in Peshawar, not even in the presence of police,” they complained. They said that they were also citizens of the country and had right to live with peace. They added they had provided all kinds of proofs to the police after every incident but no action was taken for their safety.^{[footnote 115]}

4.6 State complaint mechanisms

4.6.1 Complaint mechanisms appeared to be limited to trans persons, as referred to in the TPPR Act.

4.6.2 In its analysis of the TPPR Act, the ICJ report of March 2020 noted:

‘The law does not create any new enforcement mechanisms. Section 18 provides that, in addition to remedies available under the Constitution of Pakistan, 1973; the Pakistan Penal Code, 1860; the Code of Criminal Procedure, 1898; and the Code of Civil Procedure, 1908, “the aggrieved transgender person shall have a right to move a complaint to the Federal Ombudsman, National Commission for Status of Women (NCSW) and National Commission of Human Rights (NCHR) if any of the rights guaranteed herein are denied to him or her.”

‘However, there have been no corresponding amendments in the legislation of the NCSW or the NCHR to expressly include transgender people in their mandate or to give them any additional powers and resources to enforce the rights provided in the Transgender Persons (Protection of Rights) Act.

‘Further, while the Act allows transgender people to approach the NCHR and the NCSW to seek redress, they do not place any obligations on these commissions to include in their mandate the rights of transgender people for the purposes of research, training etc.

‘Finally, among other things, the mandate of Federal Ombudsperson is to seek to “resolve complaints and provide relief to the public by carrying out independent investigations into complaints about ‘maladministration’ in any Federal Government agency”. In February 2018, the Ombudsperson appointed a commissioner for transgender rights. However, like the Ombudsperson, the Commissioner’s mandate is limited to Federal Government agencies and does not expend to provincial agencies…’ ^{[footnote 116]}

4.6.3 The NCHR told Cedoca in an email dated April 2020 that it had ‘… received 35 complaints till date from transgender persons regarding violation of their rights relating to life, liberty, protection, freedom from torture and discrimination.’^{[footnote 117]}

Section 5 updated: 25 March 2022

Question 8

5.  Societal attitudes and treatment

Accepted Answer

5.1 Overview of religious and societal views

5.1.1 The EASO report on Pakistan, dated August 2015, using a variety of sources, stated:

‘There are few Pakistani men and women who self-identify as LGBT; those who do, usually belong to the middle or higher classes, live in the big cities and live a double or secret life. Lesbians are even less visible than gay men.

‘Most Pakistanis do not know the meaning of the word “gay” and think it refers to transgender persons. The latter belong to the community of “hijras”, a heterogeneous community of transvestite, hermaphrodite, transsexual, homosexual persons and eunuchs (“khawaja sarra”). Due to rejection by their families, hijras often live within a structured community governed by a guru and settled in the shanty towns. The hijras make a living through artistic performances and singing and dancing during marriages and carnivals. Some of them consider themselves professional marriage dancers but they are often obliged to survive through begging and prostitution.’^{[footnote 118]}

5.1.2 Qasim Iqbal of NAZ, told Cedoca in an email dated 15 April 2020 that, despite the progressive Transgender Protection Act, the LGBTQ community ‘still have a long way to go for societal and legal acceptance.’ He noted:

‘Pakistan has been heavily influenced by 190 years of colonization that outlawed all forms of LGBTQ identities and subsequently was influenced by mainstream Islamic intolerance towards LGBTQ, marginalizing the community… The queer community is stigmatized and is considered a foreign concept that is not in accordance with traditional Pakistani Muslim values. Any expression of queerness is swiftly repressed and considered shameful. To add on, the media has only reinforced these social norms for the most part and pushes negative stereotypes regarding LGBTQ community.’^{[footnote 119]}

5.1.3 Iqbal also stated:

‘Pakistan has a homo-friendly culture, meaning it is common for two men to walk on the streets holding each other’s hands. It is also common to hug and kiss on the cheek in public. This does not mean that they are gay… Walking hand in hand amongst two men is perceived normal in certain social economic classes – it does not necessarily raise questions on a person’s sexuality as the [male] South Asian community can be openly physically affectionate.’^{[footnote 120]}

5.1.4 Iqbal further stated:

‘The LGBTQ community do not outwardly identify with their sexual orientation in Pakistan. For instance, an outwardly gay man or a transgender woman are considered promiscuous and deviant – if any suspicion of their sexual or gender identity becomes apparent they are easily denied access to basic services such as work, housing, justice, and healthcare without consequences. Another example we can consider is a flamboyant gay man or a masculine queer woman – they will have a more difficult time finding a safe and secure job environment where they will not be subjected regular harassment by their colleagues. Similarly, queer people also have a harder time accessing stigma free healthcare, especially limiting access to mental health services. Any indication of a person being sexually active with the same sex can lead to serious consequences. This is especially hard for the transgender community because they are more visible and thus it is easier to target them and subject them to discrimination.’^{[footnote 121]}

5.1.5 ILGA Asia noted in its 2021 report on Pakistan that:

‘In Pakistan, LGBTIQ is generally categorised into four different communities. For instance, lesbian, gay, bisexual, transgender and intersex individuals are considered as the same community by the general population. They are not aware of terms like gender identity and expression or sexual orientation. Commonly, these terms are not used and understood in Pakistan except within civil society organizations. Intersex and transgender individuals are recognized by their clothing. If an intersex or transgender person is wearing female clothing, he/she/they would be stereotypically recognized as a transgender woman by the general population regardless of their gender identity and expression. As such, clothing is the main feature for their recognition.’^{[footnote 122]}

5.1.6 Qasim Iqbal of NAZ stated in April 2020, regarding religious tolerance, that, ‘The religious establishment is heavily influenced by the mainstream muslim doctrine of Islam and has no tolerance towards queerness. The queer community is considered a negative Western influence that needs to be cured with religious practices and local treatments. Islam is more tolerant of the transgender community as compared to the other LGBQ community. There is either no acknowledgement or only condemnation.’^{[footnote 123]}

5.2 LGB persons

5.2.1 The IRB reported in January 2014 that, according to Inter-Press Service, Pakistan’s ‘conservative Muslim society’ view same-sex sexual relationships as a sin. A survey conducted by the Washington-based Pew Research Centre, published in June 2013, showed that 87% of respondents in Pakistan were of the opinion that ‘homosexuality should be rejected by society’. Several sources indicated that gay men and lesbians were rarely open about their sexual orientation^{[footnote 124]}. The World Values Survey (WVS), an international research program devoted to the scientific and academic study of social, political, economic, religious and cultural values of people in the world^{[footnote 125]}, surveyed 1,995 people in Pakistan in 2018, 77% of whom indicated that same-sex relationships were ‘never justifiable.’^{[footnote 126]}

5.2.2 The IRB added that according to the BBC, ‘homophobia has wide social and religious sanction’ and, according to the International New York Times, discrimination and prejudice against sexual minorities ‘run deep’ in Pakistani society. Other media sources described the gay community in Pakistan as ‘underground’. The Pakistan country advisor for the IGLHRC [now known as OutRight Action International] said that transgender people are the only ‘visible’ sexual minority in Pakistan, while there is ‘a lot of invisibility’ among gay men and lesbians, who keep their sexual orientation hidden. According to a WEWA [Women Employees Welfare Association] representative, no lesbians or gay men could be open about their sexuality and move ‘freely’ in Pakistani society^{[footnote 127]}.

5.2.3 A 2015 article in The Express Tribune noted, ‘Pakistan is a conservative and patriarchal society where members of the LGBTQ community must live secret and self-confined lives to avoid discrimination, stigma and abuse. Under the weight of homophobia, heteronormativity and genderism, they are forced to adopt a lifestyle according to society’s assigned gender roles and expectations.’^{[footnote 128]}

5.2.4 Il Grande Colibri published an interview with Haseeb Rathore, a gay Muslim living in Lahore, dated September 2018. Haseeb spoke of how gay men in Pakistan spent their lives, stating:

‘Most gay men spend their life in guilt, carrying a burden of sins. In our society they only have two options: one is to come out of the closet and live a horrible life and being bullied; the other is to conceal their sexuality for the rest of their lives. People usually choose the second option. They get married and start living a dual life: one for the family and society, the other for their own satisfaction. This makes life very pathetic and a [sic] under continuous threat of being caught. Very few men come out and even when [/] if that happens, they get very little support from family and society.’^{[footnote 129]}

5.2.5 In its January 2019 report, the IRB presented similar country information as in its 2014^{[footnote 130]} and 2015^{[footnote 131]} reports on the situation for sexual and gender minorities in Pakistan, in that the gay community was ‘underground.’^{[footnote 132]} The IRB 2019 report, quoting from a variety of sources, noted:

‘According to sources, sexual minorities in Pakistan are “deterr[ed] from acknowledging” or “reluctant to reveal” their sexual orientation or gender identity. According to a report by the European Asylum Support Office (EASO) of the EU on an October 2017 meeting on Pakistan, citing a Country of Origin (COI) researcher from the Office of the Belgian Commissioner General for Refugees and Stateless Persons (CGRS), the LGBT community in Pakistan operates “behind closed doors”.’^{[footnote 133]}

5.2.6 The IRB report continued:

‘AFP reports that homosexuality is [translation] “strictly ignored” and that “LGBT associations only openly advocate for transgender rights, which are culturally accepted in Pakistan. They treat homosexuality only in the framework of the fight against AIDS”. In correspondence with the Research Directorate, the Director of the Neengar Society, […] similarly stated that “[s]exual minorities, except for transgender people, cannot live… openly. There is a clear risk of discrimination, violence, social boycott and degradation in social class and rank. In some cases a serious threat [to] life is also involved”.’^{[footnote 134]}

5.2.7 DFAT noted in February 2019 ‘Strong and widespread cultural, religious and social intolerance of homosexuality means it is not widely discussed or acknowledged in Pakistan.’ According to the same report, ‘[L]ocal sources say less societal shame is associated with having a lesbian child than a daughter having sex with a male out of wedlock, although stigma remains common.’^{[footnote 135]}

5.2.8 ILGA Asia noted in its 2021 report on Pakistan that, ‘Homosexuality is considered an unlawful, unethical and sinful act in the eyes of Pakistani society. The religious community does not support LGB persons at all. The holy book of Muslims – the Quran – openly declares homosexuality as a sin. They are labelled as “qaum-e-loot”. There are many hadiths against homosexuality.’^{[footnote 136]}

5.2.9 An article in The Diplomat, an international current-affairs magazine for the Asia-Pacific region^{[footnote 137]}, dated April 2021, noted in regard to attitudes towards same-sex relationships, that, ‘Since Pakistan’s conception, regardless of new research or understanding, every household and institution has accepted a dichotomous interpretation of both sexuality and gender and has deduced that homosexuality is a sin that demeans national and religious interests.’^{[footnote 138]}

5.3 Trans and intersex persons

5.3.1 In June 2016, a group of clerics affiliated with the little-known clerical body, Tanzeem Ittehad-i-Ummat, issued a religious decree (fatwa) declaring that marriage between trans persons was permissible in Islam, that is, a transman may marry a transwomen and vice versa. The fatwa did not apply to persons identifying as intersex^{[footnote 139]} ^{[footnote 140]}. The BBC pointed out that the fatwa was not legally binding^{[footnote 141]}.

5.3.2 The News International reported in March 2018 that ‘… children suffering from congenital intersex abnormality, with dominant XX hormones, are surgically converted into females enabling them to lead a normal life with ability for procreation of offspring.’^{[footnote 142]} StopIGM.org, an international human rights NGO of survivors and allies fighting Intersex Genital Mutilations (IGM) in children’s clinics, and for the right to physical integrity and self-determination for all children born with ‘atypical genitalia’, or Variations of Sex Anatomy, criticised the Birth Defects Foundation for describing intersex children in Pakistan as having ‘birth defects’ and for offering surgery to make them ‘normal’^{[footnote 143]}.

5.3.3 According to sources cited by the IRB 2019 report, ‘transgender persons are “marginalised” or “ostracized” by society. The BBC reports that “[t]ransgender men … are barely visible in the public sphere as a result of the social and cultural expectations of those who are assigned female at birth. Transgender women, meanwhile, are marginalised by society from an early age”.’^{[footnote 144]}

5.3.4 The same IRB report added, ‘A Pakistani actor, who made an appearance as a crossdresser on a very popular talk show, is cited by AFP as stating the following: [translation] “[w]e live in a culture of hypocrisy. In Pakistan, you can do whatever you want behind closed doors. … But if you want to let it be known, there will be no tolerance. You will be persecuted”.’^{[footnote 145]}

5.3.5 The USSD human rights report for 2018 noted ‘According to a wide range of LGBT NGOs and activists, society generally shunned transgender women, eunuchs, and intersex persons, collectively referred to as “hijras” – a word some transgender individuals view as pejorative, preferring the term “khawaja sira” – who often lived together in slum communities and survived by begging and dancing at carnivals and weddings. Some also were prostitutes.’^{[footnote 146]} The USSD repeated these findings in its 2019^{[footnote 147]} and 2020^{[footnote 148]} human rights reports.

5.3.6 In regard to trans persons, ILGA Asia noted in its 2021 report on Pakistan, commissioned and conducted by ILGA Asia from November 2020 to January 2021 and based on online in-depth interviews with staff members from 18 community-based organizations and networks, officials from UN agencies and government departments^{[footnote 149]}, that the general population were only aware of intersex persons and ‘… they think that all transgender people are intersex because of their limited awareness. Compared to trans women, trans men are lesser in numbers and are not as visible. The general public has no idea of the existence of trans men. They merely know of intersex individuals. Trans men and trans women are under the umbrella of intersex, who are also known as “khawaja sira”.’^{[footnote 150]}

5.3.7 A September 2020 paper on gender dysphoria (a disparity between a person’s assigned and expressed gender and the distress associated with it), which cited various sources, noted that:

‘The term “transgender” has different connotations in Pakistani society. It usually refers to a group of individuals locally known as “hijras” or “khwaja siras” who do not conform to the traditional gender binaries and are widely thought to possess mystical powers. They are invited to sing and dance on occasions like the birth of a male child or a wedding and are supposed to bring good luck. Hijras live in close-knit communities or “addas” formed along the lines of a “guru-chela” relationship dating back to the master-disciple relationship in Sufism and speak a cryptic language called “Hijra Farsi.”

‘In present-day Pakistan, owing to increasing westernization, many young, non-binary, and transgender individuals are breaking away from this traditional system and adopting a global transgender identity.’^{[footnote 151]}

5.4 Men who have sex with men (MSM)

5.4.1 In 2014, the IRB cited a 2002 study of MSM in Lahore by the Naz Foundation International, an advocacy group working with MSM in Pakistan:

‘The frameworks of male to male sex, often substantially divergent and exclusive, involve males who self-identify as zenanas [“a woman in a man’s body”], males/men who take the penetrating role in male-to-male sex (known as giryas by zenanas) accessing zenanas, hijras, and at times, adolescent males. These males are usually perceived by giryas as feminised males/females which enables the girya to maintain his sense of manliness. Other dynamics include males who access other males for discharge and/or desire to be penetrated, males who desire male to male sex and do not gender themselves and usually indulge in mutual sexual activity – “giving and taking”, friends have sex with friends for mutual pleasure, and males in all male institutions.’^{[footnote 152]}

5.4.2 The European Asylum Support Office (EASO) report on Pakistan, dated August 2015, also noted that zenana have sexual relations with ‘malishia’, described as ‘… virile men because of their sexual practices. The term “malishia” refers more to a professional practice of massage and prostitution than to a sexual practice or identity.’^{[footnote 153]}

5.4.3 DFAT noted in February 2019 ‘While sex between males is common, homosexual identity is not. Strong and widespread cultural, religious and social intolerance of homosexuality means it is not widely discussed or acknowledged in Pakistan.’^{[footnote 154]}

5.4.4 In its 2014 report, the IRB cited a BBC News article from 2013 ‘The BBC described Karachi as a “bustling with same-sex activity” in terms of men having sex with men, however it also indicated that it is difficult for gay men to maintain same-sex relationships, because “sex between men will be overlooked as long as no-one feels that tradition or religion are being challenged”.’^{[footnote 155]}

5.4.5 The IRB January 2019 report cited sources referring to MSM:

‘AFP reports that, according to the president of NAZ, an LGBT organization in Pakistan, [translation] “90% of Pakistani men are MSM […] simply because women are not easily accessible”. Without providing further details, the CGRS [Office of the Belgian Commissioner General for Refugees and Stateless Persons] researcher cited in the [2017] EASO meeting report on Pakistan, indicated that “[s]ources stated that it is common for straight men to indulge in Male to Male sex (MSM) and there is general acceptance within [Pakistani] society for this particular act”.’^{[footnote 156]}

5.5 Family views and treatment

5.5.1 Raza Haidar, a programme manager at Dostana Male Health Society told The Guardian (UK) in 2017 ‘Gay relationships outside marriage are easier to conceal than heterosexual ones, which are considered equally dishonourable. A man and a woman in the same room will immediately raise suspicions, “but families will think that two men are just friends,”…’^{[footnote 157]}

5.5.2 According to research conducted by the IRB and reported in 2019 ‘As with many other issues, the extent of familial and societal discrimination and violence faced by lesbian, gay, bisexual, transgender and intersex (LGBTI) people tends to be inversely proportional to their socio-economic status.’^{[footnote 158]}

5.5.3 The 2019 DFAT report noted ‘People identifying as LGBTI from wealthy and influential families in large urban centres face less discrimination and violence than poor people in rural areas. Nonetheless, even wealthy individuals face high levels of discrimination, and their families often force them into a heterosexual marriage to preserve the family’s reputation and social standing.’^{[footnote 159]}

5.5.4 The Neengar Society told the IRB in 2013 that, ‘Lesbians will be forced to get married and they face pressure from both their in-laws and parent’s family.’^{[footnote 160]}

5.5.5 Citing Haseeb Rathore, a gay man living in Pakistan, Il Grande Colibri reported in September 2018, ‘Pakistani families discriminate against queer children by believing they have some mental disorder. They keep children away from their relatives, sometimes siblings disown them in public and sometimes queer children, especially transgenders, are thrown out from their parents house.’^{[footnote 161]} The IRB also noted that ‘According to sources, transgender people can be “disowned” by their families.’^{[footnote 162]} The January 2022 DFAT report also noted, ‘Transgender women are often rejected by their families and turn to sex work, or earn their income by begging or dancing at carnivals and weddings.’^{[footnote 163]}

5.5.6 The 2019 IRB report noted that, according to an AFP report of October 2018, ‘… although Pakistan has not convicted sexual minorities on the grounds of anti-homosexuality legislation, the situation is different within families, as [translation] “hundreds of homicides are committed each year in the country in the name of family “honour”.’^{[footnote 164]} The same IRB report also stated, ‘Sources also report that “hate crimes” [or “honour killings”…] have been committed against transgender people. A transgender independent candidate for the Khyber Pakhtunkhwa provincial assembly told the BBC [in July 2018] that “hate crimes, or so-called honour killings, are the biggest threat to the local transgender community … Our own family hires people to murder us”.’^{[footnote 165]}

5.5.7 The 2019 IRB report cited FDI and Naz Pakistan as stating ‘[t]ransgender individuals are often responsible for financially supporting their biological families who often resort to abuse, violence and torture to maintain their control over them. Forced marriages, physical and emotional torture are the common forms of abuses against them, recorded by many studies done by various organizations.’^{[footnote 166]}

5.5.8 ILGA Asia noted in its 2021 report on Pakistan that:

‘The human rights situation of LGB individuals in terms of social and cultural aspects is not satisfactory. The term “LGBTIQ” itself is considered a “western agenda”. Families in general do not accept LGB individuals if they come out. Lesbian and gay individuals are forced to marry the opposite gender due to the pressures imposed by their families… On the other hand, there is a smaller community from mainstream society that accepts LGB. Most of them are from privileged classes but they still cannot discuss the rights of LGB people openly out of respect for their families.’^{[footnote 167]}

5.5.9 Deutsche Welle (DW) reported in May 2021 that, ‘… those identifying as LGBT+ rarely come out to their families. When family members do come out or are found out to be queer, they face threats of violence and disownment. This is why some LGBT+ Pakistanis often move out of their family homes to pursue more freedom to explore their identity and sexuality.’^{[footnote 168]} One gay man told DW, ‘“Families don’t even acknowledge or dream that their son could be gay. If you are always with a man, he is just considered a friend”.’^{[footnote 169]}

5.5.10 Despite pockets of acceptance amongst urban, higher-class communities, DFAT noted that ‘… people coming out as gay or lesbian in Pakistan are likely to face ostracism from their families, forced heterosexual marriage, discrimination, bullying and violence… even wealthy individuals face discrimination, and their families may force them into a heterosexual marriage to preserve the family’s reputation.’^{[footnote 170]}

5.6 Representation in the media

5.6.1 Pakistan has a diverse and vibrant media landscape with state and private television and radio stations and several independent newspapers and magazines^{[footnote 171]}.

5.6.2 ILGA noted in its 2019 report that ‘According to Kaleidoscope Trust, in April 2014, a serial killer confessed to killing three gay men because of their sexual orientation, yet Pakistani media depicted the serial killer as “the epitome of righteousness”.’^{[footnote 172]}

5.6.3 In March 2018, The Express Tribune noted that Marvia Malik, a 21-year-old from Lahore, became the first trans news anchor in Pakistan at Kohenoor TV^{[footnote 173]}. In July 2018 Free Press Unlimited reported on Sobia Khan, who became Pakistan’s first trans radio host at Tribal News Network based in Peshawar^{[footnote 174]}.

5.6.4 Qasim Iqbal of NAZ indicated that, whilst trans issues were reported on, there was little, if any, coverage on other sexual minorities^{[footnote 175]}.

5.6.5 Qasim Iqbal of NAZ told Cedoca in April 2020:

‘Pakistani media is heavily influenced by Pakistani society and reinforces the societal heteronormative norms that are ever present, especially the Urdu news outlets which are hostile towards queerness in any form. However, there are few local English medium outlets which are more progressive and report on Queer stories and narratives in a more sensitive way. Recently, mainstream media and cable news have been more sensitive to transgender community, with many positive stories about them and reporting on the violations that occur against them. The media has played a significant role in changing attitudes of society at large towards the transgender community. Many transgender activists and community leaders are often invited as guests on television broadcasted morning shows and evening news shows to discuss the plight of the transgender community and debate on issues from the transgender perspective. Additionally, the transgender community is gaining momentum in the Pakistani fashion industry with openly transgender models like Kami Sid walking major runways and modelling for major fashion brands. News channels have now started hiring openly transgender news casters like Marvia Malik for their regular programming. That being said, there is still little to no progress for the other members of the queer community.’^{[footnote 176]}

5.7.1 The 2019 ILGA report noted ‘In September 2013, the first website blocked by the Pakistan Telecommunications Authority was queerpk.com, a site set up to help members of Pakistan’s gay and transgender community socialise and share experiences. According to a spokesperson, it was shut down because “its content was against Islam and norms of Pakistani society”. The moderator of the site was unwilling to challenge the ban out of fear.’^{[footnote 177]}

5.7.2 Qasim Iqbal told Cedoca in April 2020:

‘There is a strong LGBTQ presence on social media in Pakistan as it is a more anonymous medium and ensures a certain degree of safety as opposed to interacting personally with each other. Dating apps such as Grindr and Tinder are very often used by gay men and trans women. Queer women have a harder time using dating apps because of sexist societal norms, and lack of mobilization. There are many queer platforms on various social media sites - NAZ itself has a secret group on Facebook with about 1.000 members. Similarly, there is a large local queer presence on Instagram, Twitter and TikTok.’^{[footnote 178]}

5.7.3 Similarly, the ILGA Asia 2021 report on Pakistan noted:

‘Across the board, the LGBTIQ community in Pakistan is connected with one another, even if the exposure differs from person to person. People are increasingly connected with each other virtually, especially through social media apps, before they would meet physically or at gatherings and parties. They are connected through Facebook pages and groups. These groups are usually secret and handled by group administrators. LGBTIQ community members and their allies are the members of these groups. They also have Whatsapp groups. These groups are secret and only LGBTIQ community members are added into these groups. This allows the LGBTIQ community to be connected and be able to provide support to each other when needed.’^{[footnote 179]}

5.7.4 According to the 2020 report by ILGA, Section 34 of the Prevention of Electronic Crimes Act (2016) may be used to penalise LGBTI content. Section 34 of Act grants the Pakistan Telecommunication Authority the power to remove or block access to content if it considers it necessary ‘in the interest of the glory of Islam, public order, decency, or morality.’^{[footnote 180]}

5.7.5 In September 2020 it was reported that Tinder and Grindr, as well as other dating apps, had been blocked by the Pakistan Telecommunications Authority for disseminating ‘immoral content’. According to analytical data cited in September 2020, the gay dating app, Grindr, had been downloaded 300,000 in Pakistan over the past 12 months^{[footnote 181]} ^{[footnote 182]}. According to Deutsche Welle (DW) reporting in May 2021, lesser-known apps and VPNs (virtual private networks) were available so users could still arrange to meet^{[footnote 183]}.

5.7.6 Reporting on the impact of COVID on the LGBTI community, DW indicated that meetings and ‘hook-ups’ were ‘… largely facilitated by social media, online groups and dating applications.’^{[footnote 184]}

5.8 Violence and discrimination

5.8.1 Il Grande Colibri reported in September 2020 that:

‘Even though the transgender population is considered as the most privileged amongst gender and sexual minorities, the rate of violence towards them and the number of murders is at an all-time high. Transgender men and women get harassed, and get physically and mentally abused by their own families, and are threatened to serious consequences for revealing their true gender identity. Those who join khawaja sira culture are more vulnerable because usually they end up being involved in begging, wedding dancing, and sex work.’^{[footnote 185]}

5.8.2 The DFAT report dated January 2022 noted that, despite laws protecting trans persons, they were:

‘… often marginalised, discriminated against and abused. Transgender women are often rejected by their families and turn to sex work, or earn their income by begging or dancing at carnivals and weddings. Such work is highly visible and workers are vulnerable to physical and sexual violence. There are frequent media reports of transgender people being targeted through rape, honour killings and societal violence. Such incidents are especially common in Khyber Pakhtunkhwa, where 66 transgender people were killed between 2015 and 2019 without any arrests being made, according to Trans Action Alliance, an NGO. Notwithstanding the law, many transgender people reportedly still face barriers to accessing health, policing and other services.’^{[footnote 186]}

5.8.3 HRCP noted that in 2019 ‘There are fewer reports of attacks on the transgender community in Sindh, although some incidents may not be publicised.’^{[footnote 187]} However, the report added ‘Shabana, 30, was found stabbed to death in a rented flat in April in the Tariq Road area.’^{[footnote 188]}

5.8.4 Human Rights Watch (HRW) noted in its World Report 2021, covering 2020 events, that:

‘According to local human rights groups, at least 65 transgender women have been killed in Khyber Pakhtunkhwa province since 2015. In April, Musa, a 15-year-old transgender boy was gang-raped and killed in Faisalabad district, Punjab. In July, unidentified gunman in Rawalpindi district, Punjab, killed Kangna, a transgender woman. An unidentified assailant fatally shot Gul Panra, a transgender woman activist in Peshawar, in September. The murder prompted widespread condemnation on social media.’^{[footnote 189]}

5.8.5 In December 2020, The European Parliament’s LGBTI Intergroup wrote to the Pakistan government expressing their ‘… deepest concerns over the increasing killings, attempted killings, kidnappings and physical attacks against transgender rights defenders in Pakistan.’^{[footnote 190]}

5.8.6 Referring to incidents in 2020, the letter noted, ‘We have been alerted of a series of attacks against transgender rights defenders in the country, notably the killing of Beenish – actively involved in delivering resources to those in need during the pandemic – in end of October in Islamabad, the brutal physical attack and robbery of Nayyab Ali on 9 November in Islamabad and the kidnapping at gun point of Heera Malik in end of November.’^{[footnote 191]}

5.8.7 According to the letter, the attack on prominent trans rights activist, Nayyab Ali, followed a nomination for an award for her work on trans rights and was clearly ‘… in reprisal for her human rights work as the unidentified assailants threatened to kill Nayyab Ali if she continued to raise her voice for victims of violence in the transgender community.’^{[footnote 192]}

5.8.8 Reporting on events in 2020, the HRCP noted. ‘Based on press reports, HRCP recorded at least seven cases of rape and four cases of murder involving transgender victims in Punjab for the year.’^{[footnote 193]} The same report noted that in Sindh province, ‘In December, the body of a transgender person was found at their house in Malir. Rescuers transported the body to Jinnah Postgraduate Medical Centre, where the person was identified as Amir alias Maria. The police said he lived alone and had been killed with a sharp-edged tool, although they could not ascertain why.’^{[footnote 194]}

5.8.9 Referring to events in 2020 in Khyber Pakhtunkhwa, the HRCP report noted:

‘In June, two transgender persons, Bilal and Tahir, were injured while resisting the abduction of a friend, Ahmad, in Chamkani. In September, Shakil alias Gul Panra, a transgender person, was killed and another, Chahat, sustained serious injuries from gunshots fired by unidentified men in Peshawar’s Tehkal neighbourhood. In the same month, Saad Khan, a transgender person, was gunned down in Swabi by his 13-year-old brother for dancing at parties.’^{[footnote 195]}

5.8.10 According to the HRCP 2019 and 2020 reports there were no reports (in mainstream media) of violence against trans persons in Balochistan during those years^{[footnote 196]} ^{[footnote 197]}, though the 2020 report added ‘… such violence is rarely highlighted in Balochistan.’^{[footnote 198]}

5.8.11 The USSD report on human rights for 2020 stated that, ‘In July [2020] a video was shared online that depicted men in Rawalpindi assaulting a group of transgender women, who were held at gunpoint and raped after being forced to strip.’^{[footnote 199]}

5.8.12 Covering 2021 events, HRW noted ‘In July, activists claimed that the transgender community in Karachi was being targeted in an organized social media campaign to instigate violence against its members. On April 6, a 60-year-old transgender resident of Karachi’s Korangi neighborhood was shot and killed by unidentified assailants who broke into their home.’^{[footnote 200]}

5.8.13 The Office for the High Commissioner on Human Rights (OHCHR) reported in October 2021 on Saro Imran, a trans youth advocate and social entrepreneur for the rights and empowerment of trans people in Multan, Pakistan, who said ‘Even with the progressive Protection of Rights Act, transgender people, especially youth, continue to face many challenges in the civic space such as harassment, security, and lack of access to social and economic opportunities…’^{[footnote 201]}

5.8.14 The Express Tribune reported in December 2021 on the alleged rape and torture of a trans woman the day before Karachi’s Climate March, which she helped organise. According to the report, ‘… unidentified persons kept her in detention for three hours and tortured her to extract information regarding the march’s speeches. The assailants also allegedly threatened her to stop trans rights activism and related political activities, otherwise, the trans community would be subjected to greater violence in the future.’^{[footnote 202]} Speaking to the Express Tribune, the Gender Interactive Alliance (GIA) said they believed the assailants were connected to the Sindh police ‘… given the history of police involvement in violence against transgender people.’^{[footnote 203]}

Section 6 updated: 25 March 2022

Question 9

6.  LGBTI groups and activity

Accepted Answer

6.1 Presence

6.1.1 The 2017 national census recorded 10,418 trans people (in a total population of over 200 million). The census, cited by the news site Dawn, recorded 6,709 trans persons in Punjab, 2527 in Sindh, 913 in Khyber Pakhtunkhwa, 133 in Islamabad, 109 in Balochistan and 27 in the former Federally Administered Tribal Areas^{[footnote 204]}. Campaigners said that this overall figure was a huge underestimate, with one group stating there were 400,000 to 500,000 trans persons in Punjab province alone, whilst another estimated 300,000 across Pakistan^{[footnote 205]} ^{[footnote 206]}. DW noted that, ‘According to a 2019 Supreme Court census, the estimated population of transgender people in Pakistan is around 300,000, although the actual number could be higher.’^{[footnote 207]}

6.1.2 As sexual orientation outside of heterosexual norms were not recognised, there were no official statistics for the number of LGB persons.

6.1.3 The USSD human rights report for 2020 noted ‘Lesbian, gay, bisexual, male transgender, and intersex persons rarely revealed their sexual orientation or gender identity in the public sphere. There were communities of openly transgender women, but they were marginalized and were frequently the targets of violence and harassment.’^{[footnote 208]} The USSD made the same findings in its 2018^{[footnote 209]} and 2019^{[footnote 210]} reports.

See also Societal attitudes and treatment.

6.2 Meeting places and events

6.2.1 In December 2013, the President of the Neengar Society told the IRB that social media groups and organised meetings in larger cities such as Lahore, Karachi and Islamabad, existed for LGBT persons; however, this culture exists only among the more socially and intellectually elite classes of Pakistan, and there are no openly gay communities in these cities^{[footnote 211]}.

6.2.2 When interviewed about gay relationships in Pakistan, Haseeb Rathore, a gay man living in Pakistan, stated in September 2018 ‘Gay relationships are definitely realistic in Pakistan. Sometimes they are carried out from “inside” the closet, sometimes they are publicly open depending on how privileged you are and on how much pressure you can absorb from society and family.’^{[footnote 212]} In contrast to this view, an April 2021 article in The Diplomat stated with regard to the possibility of same-sex relationships that, ‘While sex in Pakistan may be available regardless of the law, relationships are far from being possible.’^{[footnote 213]}

See also Societal attitudes and treatment.

6.2.3 In an e-mail to Cedoca, dated 15 April 2020, Qasim Iqbal stated:

‘The underground gay scene is mostly accessible to the upper, upper middle and middle classes. These are private parties that take place mostly in Karachi, Lahore and Islamabad. Invitations go out via SMS and Facebook and the venue is usually announced at the last minute. The organisers usually pay off the police so the police is actually there to protect the party boys. The gay scene is only underground because publicly being visible is a luxury only the elite queers enjoy. The majority of the local queer community operates underground, meeting for dates, hookups, hangouts and even large parties…’^{[footnote 214]}

6.2.4 The DFAT report indicated similar and stated in its January 2022 report that cities such as Karachi have an active LGBTI underground scene, adding that, ‘There are reportedly pockets of acceptance among urban, upper-class communities…’^{[footnote 215]}

6.2.5 The same source noted:

‘Public demonstration of queerness in Pakistan often makes local communities more vulnerable to violence, so it is often the more privileged class who get to be more visible and escape consequences. For example, the US embassy celebrated Pride in 2012 in Islamabad, and even publicly posted about the event. This lead to extreme backlash for local queer populations by the society at large. More recently, queer communities have become more organized and are becoming more visible with the help of their allies and have been taking part of movements actively such as the Aurat (Women’s) March, The Queer Futures Conference in LUMS University and other more exclusive congregations. South Asian Poetry and literature has a history of Queerness such as Ismat Chugtai and Manto who have documented queer experiences in their writing. More writers have found outlets for their creativity online and use social media to report on these narratives. NAZ also mobilizes large groups of the queer community for various events like the Pride Party in July 2019, where about 200 people from the queer community attended an underground party for socialization and celebration.’^{[footnote 216]}

6.3 Civil society groups and NGOs

6.3.1 DFAT noted in its February 2019 report ‘Given social stigma associated with homosexuality in Pakistan, advocacy efforts on behalf of the LGBTI community generally advance under the umbrella of the transgender community. Those that advocate for the LGBTI community are also vulnerable to attack.’^{[footnote 217]}

6.3.2 The IRB report stated in 2019 ‘The Director of the Neengar Society stated that the Pakistani “government does not support the work of LGBTQI advocacy organizations”.’^{[footnote 218]}

6.3.3 The IRB report added ‘The July 2018 BBC article reports that “[m]any” transgender persons “seek safety with gurus – leaders of small, scattered transgender communities – who give them food and shelter in return for their service and contribution to the group”. […] The Director of the Neengar Society stated that currently, there are no organizations providing temporary emergency shelter for sexual minorities^{[footnote 219]}, although DFAT noted ‘Informal shelters exist within the LGBTI community, at the homes of community members.’^{[footnote 220]}

6.3.4 The USSD human rights report for 2020 noted that ‘The domestic NGO registration agreement with the government requires NGOs not to use terms the government finds controversial – such as… lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons – in their annual reports or documents.’^{[footnote 221]}

6.3.5 Qasim Iqbal stated in April 2020 in his email to Cedoca:

‘There are many organizations that operate all across Pakistan that cater towards the LGBTQ community or are at least inclusive of them in their project interventions. These organizations are mostly concentrated in larger cities but some can also be found in smaller areas. Most of the organizations operating in Pakistan are part of a network called the Gulabi Triangle, of which NAZ is the secretariat. This network consists of all the local organizations that have been working for the LGBTQ community in Pakistan.’^{[footnote 222]}

6.3.6 The Office for the High Commissioner on Human Rights (OHCHR) reported in October 2021 on Saro Imran, a trans youth advocate and social entrepreneur for the rights and empowerment of trans people in Multan, Pakistan, who acknowledged that there were more grassroots level organisations for trans people since the Protection of Rights Act was passed^{[footnote 223]}.

6.3.7 However, according to the ILGA Asia 2021 report on Pakistan:

‘The state is not very supportive of civil society organizations in Pakistan and they are highly surveilled to monitor their work and the people they are working with/for. The registration process with EAD [Economic Affairs Division] and the Punjab charity commission, renewal of registration, issues of opening bank accounts for the organizations, are just some of the issues that are creating hurdles for civil society organizations and limiting their scope of work. Registration with EAD is mandatory for the organizations to qualify for foreign funding opportunities. Due to these barriers, the unavailability of foreign funds is one of the major impediments. Unregistered organizations are not eligible to receive foreign funding.’^{[footnote 224]}

6.3.8 The same source noted:

‘Several community-based organizations (CBOs) and movements focusing on lesbian, gay and bisexual (LGB) rights do not want to publicize their work because they fear stigmatization. They are working under the ambit of transgender rights movement. That being said, transgender and intersex persons do have legal protection and support from the state; the TGPA [Transgender Persons (Protection of Rights) Act 2018] protects their basic human rights. For the implementation of the TGPA, provincial policies are being developed with the consultation of community members.’^{[footnote 225]}

6.3.9 The 2019 IRB report identified several organisations offering support and/or advocacy for LGBTI persons:

‘The Neengar Society “launched a legal aid center in 2015 to extend paralegal and legal aid, consultation and support to members of sexual minorities”.

‘The Forum for Dignity Initiatives (FDI) is a

‘“research and advocacy forum working for sexual and gender minorities in Pakistan … [Their] activism promotes empowerment and understanding through community[-]motivated initiatives to improve the human rights situation of these groups. FDI initiatives include conducting research, advocating for legal rights, raising awareness and building capacity. [They] collaborate with multiple stakeholders including the government, civil society networks and like-minded groups. FDI lobbies and campaigns for voting opportunities. [They] discourage discrimination through the cis-heteronormative society by facilitating dialogues, debates, experience sharing and information dissemination”.

‘The NAZ Male Health Alliance, established in 2011, is an

‘“LGBT community[-]based organisation in Pakistan, and is providing technical, financial and institutional support for improving the sexual health, welfare and human rights of the LGBT community throughout the country. They do this by providing technical support and capacity[-]building exercises to various stake holders, networks, groups and organisations”.

‘Blue Veins is an NGO working in Khyber Pakhtunkhwa that is “committed to build, strengthen and galvanize women & transgender person[s’] collective power for a just and sustainable world - for all”.

‘The Gender Interactive Alliance Pakistan (GIA)

‘“work[s] for the equality and civil rights of transgender people in Pakistan. …

‘“Among [their] foremost projects is to lobby the government of Pakistan for: recognition of transgender people as equal citizens of Pakistan; providing free medical care to transgender people who are routinely denied public healthcare; and enabling entrepreneurship by providing economic opportunities for transgender people who are, by and large, left out of the mainstream economy. [They] also aim to provide a safe space for these people online so that their stories and experiences are not erased from our collective cultural experience”.

‘The Khawaja Sira Society (KSS) was “founded by Naz Male Health Society under the Global Fund Grant Round 9 in 2010 [and] is Pakistan’s first and biggest transgender community organization with 300,000 members, volunteers and associates across the country”. Their “vision is to ensure that transgender individuals have the same rights [as] their cisgender counterparts”. KSS runs a “comprehensive voluntary counseling and HIV test (VCT) for hijra communities”; 13,000 transgender persons have been registered in KSS’s VCT programmes.

‘TransAction, a network that was established by transgender and intersex activists in 2015 to focus on transgender and intersex issues, raises “awareness through education and training to the transgender and intersex community, their families and general society,” in “disadvantaged communities [in] Khyber Pakhtunkhwa and Federally Administrated Tribal Areas (FATA)”.’^{[footnote 226]}

6.3.10 OutRight Action International, which advocates for the human rights for LGBTI persons indicated that LGBTI organisations were not able to register^{[footnote 227]}.

Section 7 updated: 25 March 2022

Question 10

7.  Access to services

Accepted Answer

7.1 Access to healthcare

7.1.1 Citing Gay Star News, the ILGA 2019 report noted ‘In September 2018, the Lahore High Court ruled that public hospitals in Punjab province must provide separate facilities for transgender patients to safeguard their right to privacy and protect them from discrimination and prejudice.’^{[footnote 228]}

7.1.2 The HRCP report noted that in November 2018 ‘[T]he Human Rights Minister and the Federal Minister for National Health Services, Regulations and Coordination, inaugurated a separate ward at PIMS Hospital in Islamabad, announcing free treatment and separate doctors for transgender patients.’^{[footnote 229]} However, according to the USSD human rights report for 2018, local authorities often denied trans persons admission to hospitals^{[footnote 230]}. The USSD human rights reports for 2019^{[footnote 231]} and 2020^{[footnote 232]} made similar findings.

7.1.3 Pakistan’s health insurance scheme was extended to trans persons in late 2019/early 2020^{[footnote 233]} ^{[footnote 234]}.

7.2 Access to employment

7.2.1 According to the IRB report dated 2015:

‘Sources indicate that lesbians, bisexuals and gay men are not open about their sexual orientation at the workplace … According to the IGLHRC country advisor, if they come out in the open about their sexual orientation, they would “face problems at work” and “would likely face harassment to conform and might lose their jobs” … The WEWA representative similarly said that LGB people hide their identity at work because it would be “hard for them to continue” their job or they might lose their position if people at work found out … According to the President of the Neengar Society, when their organization conducted a workshop on gender sensitivity, even though participants were open to having LGBT friends, 43 of 45 participants said they would not want to work with an LGBT person in their office because they wanted to present a “serious and professional environment” of their organization to the public … He expressed the opinion that this showed that if someone revealed their sexual orientation or gender identity to their colleagues, it would cost the person his or her job … The WEWA representative said that if LGB people revealed their identity at work, they might also face criminal charges.’^{[footnote 240]}

7.2.2 In its report covering 2019 events, the HRCP noted, ‘In October, the Sindh government fixed a 0.5 percent quota of jobs in all provincial government departments for transgender citizens. Earlier, in April, it was reported that a five percent quota of office jobs would be available to transgender people in the Sindh police force, and that they could also serve as regular duty police officers.’^{[footnote 241]}

7.2.3 In November 2020, Reuters reported on Pakistan’s first trans lawyer, Nisha Rao, who went from begging on the streets to earning a law degree and joining the Karachi Bar Association. She now works for an NGO fighting for transgender rights^{[footnote 242]}.

7.2.4 In January 2022, Gulf News reported that a transgender woman, Sarah Gill, had become Pakistan’s first transgender doctor^{[footnote 243]}.

7.3 Accommodation

7.3.1 As regards to renting a property, quoting from various sources, the IRB noted in its 2015 report:

‘Sources indicate that if a homosexual couple’s sexual orientation is known, they will not be able to rent an apartment in Lahore, Islamabad or Karachi … Sources indicate that people are even reluctant to rent places to a single man or a single woman in these cities …, because they do not want their tenant to bring someone else into the home. The president of the Neengar Society noted that the police in Lahore have issued orders not to rent out apartments to tenants without a “proper check,” because of the “conservative culture” and the “increase in terrorism” … According to the IGLHRC Country Advisor for Pakistan, two men or women might be able to rent a place if they keep their sexual orientation hidden, as it would appear that their motives were for economic reasons, but if they came out about their sexual orientation, “they would definitely have problems and lose their place to stay” … He noted that he did not know of any specific cases of housing discrimination, because gay men and lesbians keep their sexual orientation hidden. Similarly, the President of the Neengar Society said that since people are not open about their sexual orientation, it is unknown how many lesbian and gay people face housing issues in Lahore, Islamabad and Karachi … He was aware of a case in Islamabad, in which a male who had undergone sex reassignment surgery was asked to leave the house he rented and find another place to live, as well as a case from Lahore in which a lesbian couple could not find a place to live because they “looked like boys” …’^{[footnote 244]}

7.3.2 The IRB also noted ‘Sources indicate that transgender people in Lahore, Islamabad and Karachi have difficulty accessing housing in good neighbourhoods and usually live in slums …, “shabby areas near truck workshops” …, or “in the margins in these cities”…’^{[footnote 245]} The USSD human rights reports for 2018, 2019 and 2020 all indicated that transgender women often lived together in slum communities^{[footnote 246]} ^{[footnote 247]} ^{[footnote 248]}.

7.3.3 The IRB report of 2019 noted that according to FDI and NAZ Pakistan, ‘…discrimination against transgender persons also includes housing, as “[r]enting a house is particularly challenging as landlords usually refuse to accept them as tenants. Those who do usually extort higher rent and refuse to sign a legal contract”.’^{[footnote 249]}

Question 11

Terms of Reference

Accepted Answer

A ‘Terms of Reference’ (ToR) is a broad outline of what the CPIN seeks to cover. They form the basis for the country information section. The Home Office’s Country Policy and Information Team uses some standardised ToR, depending on the subject, and these are then adapted depending on the country concerned.

For this particular CPIN, the following topics were identified prior to drafting as relevant and on which research was undertaken:

Legal context
- constitution, criminal, penal and civil codes, Sharia law
- general anti-discrimination provisions
- same-sex couples, including civil union and marriage
- gender reassignment/transition, and recognition of gender identity of trans persons
State attitudes and treatment
- government rhetoric
- policies/programmes that assist or discriminate against LGBTI persons
- application of laws – arrests and detentions, prosecutions, convictions, acquittals
- restrictions/enforcement of law against LGBTI organisations
- other state treatment, such as harassment, blackmail, bribery, corrective therapy
- access to public services, including education, healthcare, employment, justice system
- state protection – response and assistance provided, including arrests and prosecutions of persecutors, witness protection, assistance in relocation
- geographic, socio-economic or other factors affecting variation in attitudes/treatment
Societal attitudes and treatment
- public opinion/views/surveys, including anti-LGBTI movements and public demonstrations
- societal norms – prevailing cultural and family attitudes to male/female relationships, family and non-conforming behaviour
- religious group attitudes, statements and actions
- media representation, language and discourse
- treatment by the public, including family members, including shunning and stigma, harassment and violence, including mob attacks and gender-specific forms such as corrective rape
- accessing accommodation, education, employment and healthcare
- geographic, socio-economic or other factors affecting variation in attitudes/treatment
LGBTI individuals, communities and groups
- size and location of LGBTI population
- presence, projection and location of openly LGBTI persons and communities into public life
- numbers, aims and location of openly LGBTI communities
- services, meeting places and events, such as bars, restaurants and Gay Pride
- operation, activities and restrictions of LGBTI civil society and other supportive groups or associations, including websites

Question 12

Bibliography

Accepted Answer

Sources cited

Australian Government, Department of Foreign Affairs and Trade (DFAT),

‘Country Information Report – Pakistan’, 20 February 2019. Last accessed: 21 February 2022

‘Country Information Report – Pakistan’, 25 January 2022. Last accessed: 21 February 2022

BBC News,

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CGRS-CEDOCA – Office of the Commissioner General for Refugees and Stateless Persons (Belgium), ‘Pakistan - Situatie van seksuele minderheden’, 27 April 2020. Last accessed: 23 February 2022

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Daily Times,

‘Health cards for trans people’, 1 January 2020. Last accessed: 24 February 2022

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Dawn,

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Dawn, ‘Govt asked to take steps for protection of transgender community’, 13 October 2021. Last accessed: 25 March 2022

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Dazed, ‘Pakistan protests oppose the arrest of trans activist Julie Khan’, 19 August 2020. Last accessed: 25 March 2022

Deutsche Welle (DW),

‘Coronavirus makes life more difficult for Pakistan’s transgender community’, 4 September 2020. Last accessed: 3 March 2022

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