Pakistan: The IBA and IBAHRI express concern over the deportation of Afghan refugees
Wednesday 29 November 2023
The International Bar Association (IBA) and the International Bar Association’s Human Rights Institute (IBAHRI) have expressed profound concern over the Government of Pakistan’s instruction for all Afghan refugees to leave the country by 1 November 2023, under the threat of fines, punishment, imprisonment and deportation to other countries. This decision is a grave breach of the absolute and non-derogable principle of non-refoulement. It has been reported that 360,000 Afghans have been forced to return to their country of origin since mid-September.
The United Nations High Commissioner for Refugees (UNHCR) has urged all states to refrain from forced deportations to Afghanistan due to the deteriorating situation in the country. However, Pakistan's police are acting against these recommendations, harassing Afghans, issuing negative decisions for asylum seekers and searching their residences without judicial orders, causing renewed suffering and hindering access to essential services.
The Pakistan authorities’ decision, affecting vulnerable individuals forced to flee their country, including human rights defenders, journalists and legal professionals – such as defence lawyers and judges – poses a severe risk to their lives and well-being. The Afghanistan Independent Bar Association in Exile (AIBAIE) has informed the IBAHRI that five female lawyers have been arrested by the Pakistani government and are currently incarcerated. In addition, the International Association of Women Judges (IAWJ) has reported there remain 20 Afghan female Judges in Pakistan, now facing the imminent risk of deportation to Afghanistan.
IBAHRI Director, Baroness Helena Kennedy KC, commented: ‘We are extremely concerned with reports received of Afghans in Pakistan being subject to arrest and harassment in this mass expulsion. We urge Pakistan to comply with its obligations under the Convention against Torture, to uphold the principle of non-refoulement and treat everyone with dignity. Currently, Pakistan’s Foreigners Act allows for the arrest and deportation of any foreigner lacking proper documentation. But, Afghans in Pakistan, even where they may be awaiting their resettlement to a third country to be finalised, face procedural roadblocks in obtaining and renewing the proper documentation. This compounds the human rights crisis we see in Afghanistan. The international community must step in to call for an end to the mass deportations and provide safe pathways for those in most grave danger.’
IBA Executive Director, Dr Mark Ellis, commented: ‘Following the Taliban resuming control of Afghanistan in 2021 and the absence of a constitution has resulted in a pervasive state of disorder. This has, in turn, contributed to a decline in security, economic stability and human rights conditions, exacerbating the hardships faced by the populace. The Government of Pakistan's decision to forcibly deport Afghan refugees not only contravenes international norms and standards but also places countless innocent lives at severe risk. We urge Pakistan to stop deporting refugees and to grant them complete access to the legal processes necessary to evaluate their claim for protection in accordance with international human rights law.’
Despite the decrease in general conflict levels, Afghanistan is dealing with a collapsed economy, a severe humanitarian catastrophe with 23 million people enduring acute hunger and a lack of stability. There is an alarming human rights crisis as a result of the Taliban's targeted killings and systematic attacks against defence lawyers, as well as their retaliatory killings of former government officials, members of the military and judges. They have also severely restricted freedom of expression and movement, especially for women and girls. The IBAHRI considers this to be a system of gender apartheid for women and girls.
The United Nations High Commissioner for Refugees (UNHCR) has urged all states to refrain from forced deportations to Afghanistan due to the deteriorating situation in the country. However, Pakistan's police are acting against these recommendations, harassing Afghans, issuing negative decisions for asylum seekers and searching their residences without judicial orders, causing renewed suffering and hindering access to essential services.
The President of the AIBAIE, Mr Ruhullah Qarizada, commented: ‘It is our collective responsibility to ensure the safety and well-being of vulnerable Afghan refugees is maintained. We implore the international community to act swiftly and decisively to prevent further human suffering and to work toward a more stable and secure future for the Afghan people.’
In a separate statement, the AIBAIE also set out a five-point list of demands, calling for:
- The UNHCR to fast-track refugee immigration processes and collaborate with embassies to ensure Afghan refugees find shelter in Pakistan in accordance with international treaties.
- The governments of Iran and Pakistan to grant temporary protection status to Afghan refugees, allowing them to remain within these countries until conditions in Afghanistan significantly improve, and cases in progress under international agencies such as UNHCR and International Organization for Migration (IOM), or with national Governments such as the United States of America, Australia, Canada, and the European Union get processed.
- The international community to provide substantial humanitarian assistance to the Afghan Refugees directly in Iran and Pakistan.
- A concerted international effort should be made to work towards achieving peace and stability in Afghanistan.
- A long-term focus on sustainable solutions for Afghan refugees, including support for integration, education and better livelihood opportunities in host countries.
In response to this critical situation, the IBA and the IBAHRI urge the international community to take immediate action to prevent the entrenchment of a two-tier system for refugee protection and to ensure the safety and well-being of Afghan asylum seekers and refugees, including by expediting the resettlement of those awaiting this in Pakistan, and expand safe pathways for those at risk to resettle from Pakistan.
ENDS
Notes to the Editor
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