HRCP Demands Govt Withdraw Decision on Afghan Refugee Deportation

News Desk

Islamabad: The absence of domestic laws on refugees is no excuse for failing to protect their rights, given Pakistan’s obligations under its tripartite agreement with Afghanistan and the United Nations High Commissioner for Refugees (UNHCR), said former Senator Farhatullah Babar.

At a high-profile consultation held on Wednesday, the Human Rights Commission of Pakistan (HRCP) called on the government to immediately withdraw its decision to expel undocumented foreigners by November 1.

The decision does not fall within the mandate of a caretaker government to begin with, apart from which it amounts to forced repatriation which is not recognised under international law, and will invariably affect poor and vulnerable Afghan refugees and asylum seekers, including women, children, the elderly, persons with disabilities and Afghans at risk because of their professions.HRCP Chairperson Hina Jilani stated a one-size-fits-all’ solution cannot be applied to all refugees and asylum seekers without considering their specific needs.

Even in the deliberate absence of a policy on refugees, Pakistan is still bound by international customary law. Any such policy must put humanitarian concerns ahead of security concerns, Jilani added.

HRCP Council Member Sadia Bokhari presented the observations of a recent fact-finding mission, which has found that several Afghan settlements in Islamabad have been demolished by the Capital Development Authority (CDA), ostensibly as part of an anti-encroachment drive.

However, the majority of residents hold Proof of Registration Cards (PoR)and say they have been subjected to harassment, intimidation and extortion by the police following the government’s notification on foreigners.Afghan Refugee Community Representatives mentioned that it is not humanly possible for several hundred thousand refugees to return to Afghanistan in under a month when, for so many, Pakistan is the only home they had ever known.

Farhatullah Babar recommended the institution of a national refugee council as a bridge between the government and refugees to enable the latter to articulate their concerns.

Refugee Rights Researcher Dr Saba Gul Khattak underscored the need for accurate and publicly available data on the number of refugees and asylum seekers in order to make fair needs assessments.

The absence of documentation meant there is greater scope for rights violations and that expelling an entire community for solely security-driven considerations amounted to collective punishment, stated participants. They also called for timeline-based citizenship that would allow long-term residents to become naturalised as citizens. Former MNA Mohsin Dawar said that the foreign relations committee he had chaired had unanimously recommended that Pakistan sign the 1951 Refugees Convention.

UNHCR Representatives said that any repatriation of refugees must be voluntary, comply with international standards of dignity and safety, and be based on informed consent for return and reintegration.

International Organization for Migration (IOM)Representative said that the agency is willing to mobilise resources to assist the Pakistani government in complying with these criteria.