The Human Rights Commission of Pakistan (HRCP) on Tuesday expressed concern over the government’s decision to expel undocumented foreigners – most of whom comprise Afghans – and urged the United Nations High Commissioner for Refugees (UNHCR) to ensure protection for Afghan refugees.
Earlier this month, the government gave an ultimatum to all undocumented immigrants to leave Pakistan by Oct 31 or else, risk imprisonment and deportation to their respective countries.
While the decision had prompted criticism from Afghanistan and several other quarters, the caretakers insist that it is not aimed at any particular ethnic group.
There are more than two million undocumented Afghans living in Pakistan, with at least 600,000 of them leaving Afghanistan after the Taliban takeover in August 2021.
In a letter addressed to the UN High Commissioner for Refugees Filippo Grandi, HRCP Chairperson Hina Jilani said the move to expel Afghans could “trigger a humanitarian crisis”.
“The decision amounts to forced repatriation, which is not recognised under international customary law, and will invariably affect vulnerable refugees and asylum seekers, which include women, children, the elderly, persons living with disabilities, persons from low-income groups, and Afghans at risk because of their professions – many of whom fled Afghanistan after the Afghan Taliban took over the government in August 2021,” the letter stated.
It noted that despite criticism from human rights organisations, the government had not shown any signs of reconsidering its decision and had gone so far as to prevent civil society members from expressing their views on the matter.
It highlighted that the interim interior minister had announced that the current phase of expulsion would be followed by the deportation of foreign with legitimate documents, including Afghans who hold proof-of-residence cards.
The HRCP, the letter went on to say, had also received reports of harassment, intimidation, extortion and arrests of Afghans while media reports suggested that 77 Afghan refugees with legitimate documents had already been deported.
“While HRCP recognises that the government may have legitimate security concerns tied to a small number of foreign nationals resident in the country illegally, we believe that humanitarian concerns must override security interests,” it said, adding that such a decision did not fall within the mandate of an unelected government.
“We also believe that refugees and asylum seekers should be allowed to thrive along with their hosts and that the rights of both are not mutually exclusive.”
The commission further regretted that Pakistan was not a signatory of the 1951 Refugees Conventions, lacked a national asylum system and addressed issues pertaining to Afghan refugees through “ad hoc and discretionary policies”.
It highlighted that Pakistan was bound by universal customary laws of non-refoulment which prohibit deporting anyone to a place where they would face a real risk of persecution, torture, ill-treatment or life threats.
“HRCP believes that the Pakistan government’s actions in this context amount to violations of international customary law, given that the prevailing circumstances in Afghanistan are not at all conducive to the safe return and reintegration of vulnerable refugees and asylum seekers,” the letter said. It subsequently urged the UNHCR to call on the government to extend the Nov 1 deadline, ensure that no migrants or refugees with legitimate documentation were expelled, ensure refugees were treated with dignity and facilitate their access to documentation.
The letter also suggested that the government should devise a “rights-based domestic policy” on refugees, revisit the “flawed” Foreigners Act of 1946 and sign the 1951 Refugees Convention and the 1967 Protocol Relating to the Status of Refugees.
Meanwhile, the National Commission on the Status of Women, in a letter written to Interior Minister Sarfraz Bugti, said there were approximately 2.5 million widows in Afghanistan, some of whom came to Pakistan in search of livelihood.
“These women are journalists, doctors, software engineers, and others who are undocumented due to various circumstances beyond their control,” it stated.
