{"id":8883,"date":"2023-10-31T08:29:39","date_gmt":"2023-10-31T08:29:39","guid":{"rendered":"https:\/\/hrcp-web.org\/hrcpweb\/?p=8883"},"modified":"2023-10-31T08:29:39","modified_gmt":"2023-10-31T08:29:39","slug":"open-letter-calling-for-the-protection-of-afghan-refugees-in-pakistan","status":"publish","type":"post","link":"https:\/\/hrcp-web.org\/hrcpweb\/open-letter-calling-for-the-protection-of-afghan-refugees-in-pakistan\/","title":{"rendered":"Open letter calling for the protection of Afghan refugees in Pakistan"},"content":{"rendered":"

His Excellency Filippo Grandi
\nUnited Nations High Commissioner for Refugees<\/p>\n

31 October 2023<\/p>\n

Excellency,<\/p>\n

Re: Open letter calling for the protection of Afghan refugees in Pakistan<\/strong><\/p>\n

The Human Rights Commission of Pakistan (HRCP) is greatly concerned by the Pakistan government\u2019s decision to expel all undocumented foreigners by 1 November 2023, the bulk of whom comprise Afghan nationals. HRCP strongly believes that this decision\u2014which will apply to an estimated 1.7 million Afghans\u2014could 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\u2014many of whom fled Afghanistan after the Afghan Taliban took over the government in August 2021.<\/p>\n

Despite drawing criticism from human rights organisations and networks, the government has shown no signs of reconsidering this decision, having gone so far as to prevent prominent members of civil society from expressing their views on this matter at public events. The interior minister Sarfraz Bugti has also made it clear that this phase will be followed by the deportation of foreigners with legitimate documents, including Afghans with proof-of-residence cards. Press reports indicate that 77 Afghan refugees with legitimate documents have already been deported from Khyber Pakhtunkhwa ahead of the 1 November deadline. Additionally, HRCP has received worrying reports of Afghan refugees having been harassed, intimidated, extorted and arrested by law enforcement personnel, following the government\u2019s original announcement.<\/p>\n

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. Moreover, such decisions do not fall within the mandate of an unelected caretaker 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.<\/p>\n

Regrettably, Pakistan is not a signatory to the 1951 Refugees Convention, lacks a national asylum system and addresses issues related to Afghan refugees through ad hoc and discretionary policies. However, the country is bound by the universally binding customary law of non-refoulement, which prohibits deporting anyone to a place where they would face a real risk of persecution, torture, ill treatment, or a threat to their life. This includes an obligation not to pressure individuals, including registered refugees, into returning to places where they face serious risk of such harm. HRCP believes that the Pakistan government\u2019s 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.<\/p>\n

We strongly urge the Office of the United Nations High Commissioner for Refugees to call on the Pakistan government to:<\/p>\n

    \n
  1. Immediately extend the 1 November deadline, giving all undocumented refugees and asylum seekers the chance to obtain legal documentation of their status.<\/li>\n
  2. Ensure that no migrants, refugees or asylum seekers with legitimate documentation are expelled without just cause.<\/li>\n
  3. Ensure that all refugees and asylum seekers, whether undocumented or otherwise, are treated with dignity and not subjected to harassment or intimidation under any circumstances.<\/li>\n
  4. Categorise refugees and asylum seekers based on their vulnerability, and facilitate their access to documentation of their status in collaboration with the United Nations Refugee Agency and International Organization for Migration.<\/li>\n
  5. Devise and implement a rights-based domestic policy on refugees enabling repatriation that is voluntary, complies with international standards of dignity and safety, and is based on informed consent for return and reintegration.<\/li>\n
  6. Revisit the Foreigners Act 1946, which is a colonial remnant and flawed piece of legislation, and replace it with a more progressive law that protects the rights of noncitizen residents.<\/li>\n
  7. Sign the 1951 Refugees Convention and the 1967 Protocol Relating to the Status of Refugees.<\/li>\n<\/ol>\n

    Yours sincerely,<\/p>\n

    Hina Jilani
    \n<\/strong>Chairperson<\/p>\n

    Cc. His Excellency Ant\u00f3nio Guterres, United Nations Secretary-General
    \nHis Excellency Volker T\u00fcrk, United Nations High Commissioner for Human Rights<\/p>\n<\/div><\/div><\/div>