Islamabad – The Human Rights Commission of Pakistan (HRCP) has expressed deep apprehension over Pakistan’s government directive to expel undocumented immigrants, primarily consisting of Afghan nationals. The HRCP has urgently appealed to the United Nations High Commissioner for Refugees (UNHCR) to ensure protection for Afghan refugees who may be affected by this decision.
Earlier this month, the Pakistani government issued an ultimatum to all undocumented immigrants, instructing them to leave Pakistan by October 31. Failure to comply could result in imprisonment and subsequent deportation to their respective countries. Despite criticisms from various quarters, including Afghanistan, the caretaker government maintains that this action is not aimed at any specific ethnic group.
Pakistan is home to over two million undocumented Afghan refugees, with at least 600,000 of them arriving in Pakistan following the Taliban’s takeover of Afghanistan in August 2021.
In a letter addressed to UN High Commissioner for Refugees Filippo Grandi, HRCP Chairperson Hina Jilani expressed grave concerns that the expulsion of Afghans could potentially lead to a “humanitarian crisis.” The letter stated that this decision amounted to forced repatriation, which is not recognized under international customary law. Such a policy is likely to affect vulnerable refugees and asylum seekers, including women, children, the elderly, individuals with disabilities, those from low-income backgrounds, and Afghans at risk due to their professions.
The HRCP emphasized that the Pakistani government had not shown any signs of reconsidering its decision, going to the extent of stifling civil society’s freedom of expression on the matter. Additionally, the interim interior minister announced that this phase of expulsion would be followed by the deportation of foreigners with legitimate documents, including Afghans who possess proof-of-residence cards.
The HRCP highlighted that Pakistan is not a signatory to the 1951 Refugee Convention and lacks a national asylum system. Instead, the country relies on ad hoc and discretionary policies concerning Afghan refugees. However, Pakistan is bound by universal customary laws of non-refoulement, which prohibit deporting individuals to places where they would face a real risk of persecution, torture, ill-treatment, or threats to their lives.
The HRCP concluded by urging the UNHCR to call on the Pakistani government to extend the November 1 deadline, ensure that migrants and refugees with legitimate documentation are not expelled, guarantee that refugees are treated with dignity, and facilitate their access to proper documentation. The letter also called for the development of a “rights-based domestic policy” on refugees, a review of the “flawed” Foreigners Act of 1946, and Pakistan’s accession to the 1951 Refugee Convention and the 1967 Protocol Relating to the Status of Refugees.
National Commission on the Status of Women Appeals for Vulnerable Afghan Women
In parallel to HRCP’s appeal, the National Commission on the Status of Women has written a letter to the Interior Minister, Sarfraz Bugti. The letter highlights the presence of approximately 2.5 million Afghan widows in Afghanistan, some of whom arrived in Pakistan seeking livelihood opportunities. Many of these women are skilled professionals, such as journalists, doctors, and software engineers, but are undocumented due to circumstances beyond their control.
The commission expressed concern that around 30,000 Afghan women are at risk and stated that their “compelled return” to Afghanistan poses threats of persecution, abuse, and even death. The letter urged the interior minister to review the cases of undocumented Afghan women on an individual basis, taking into account their specific challenges and vulnerabilities.
The Pakistani government has announced that it will commence a crackdown on undocumented immigrants, including Afghan nationals, starting from November 2. The government clarified that only those who are entirely illegal will be required to leave Pakistan, emphasizing that it will not deport refugees.
Voluntary returnees will receive assistance at government-established temporary centers, where they will be provided with food and healthcare facilities for several days.
