Exclusive Article published in The Truth International magazine
ISLAMABAD: Pakistan has a long history of hosting Afghan refugees, beginning with 197 during the Soviet Invasion of Afghanistan. Since then, millions of Afghans have sought refuge in Pakistan, escaping the inter and intra-state conflicts and political problems in their land.
However, observing the surge in terrorism involving Afghan nationals, the Pakistani government decided to repatriate illegal Afghan individuals back to their homeland. Critics argue about the implications of this decision on national and international levels, also anticipating humanitarian crises this decision could bring.
The decision by the Pakistan government’s Apex Committee on October 3rd, 2023, approved a systematic crackdown on illegal immigrants residing in Pakistan. These immigrants might have forged IDs and be involved in smuggling, drug trafficking, and other illicit activities. As per available accounts, approximately 3.7 million Afghans are living in Pakistan, around 1.32 million hold Proof of Registration (PoR) cards, approximately 88,299 have Afghan Citizen Cards (ACC), and an estimated 775,000 are unregistered, are called illegal immigrants. The decision aimed the repatriation of these 775,000 illegal Afghan immigrants by November 1st, 2023. However, the decision by the incumbent caretaker government has led to some severe reservations.
The government’s decision is being questioned for the context in which the decision was approved. For instance, the Interior Ministry of Pakistan claimed to have stark proof of Afghan national’s compliance in 14 out of 24 major attacks in Pakistan this year. As per available accounts of the Ministry of Interior, KP and Baluchistan have experienced a 59% and 39% increase in terrorist activities. However, Critics argue with another fact from the Global Terrorism Index (GTI), which shows that 2011 was the pinnacle of terrorism in Pakistan with a score of 9.22/10 with 653 incidents, 1503 fatalities, and 2825 injuries. Regarding these statistics, one might argue why the state of Pakistan did not think of repatriation before. The decision of this repatriation was not limited to security concerns but had an economic perspective as well.
Government officials contend that Afghan refugees have been harming the economic growth of Pakistan. These refugees, being unemployed, offer cheap labor. The cheap labor provided to Afghans deprives the local laborers of Pakistan of their daily wages, keeping them unemployed.
On the other hand, few argue that Afghan immigration and the availability of cheap labor have raised the bars of Pakistan’s economic graph. Transit and Cross-border trade between Pakistan and Afghanistan have completely transformed the economic status of critics like Quetta and Peshawar. These cities have become business hubs of the respective provinces. The informal businesses run by the local people in the border areas have contributed to Pakistan’s Gross Domestic Product (GDP). About 40% of GDP is generated from the informal economy. Amidst the Economic Crisis in Pakistan, the role of the informal economy is pivotal. Therefore, it becomes evident that the expulsion of Afghan refugees will also hurt Pakistan’s economy on practical grounds.
In the same argument of questioning Apex Committee’s decision, Critics are also emphasizing the fact that despite being a host to millions of refugees, Pakistan still lacks any domestic legislation on Refugees. Unfortunately, Pakistan has been managing its refugees without any domestic laws, rather with the collaboration of the United Nations High Commission for Refugees (UNHCR). Along with UNHCR, Pakistan also follows a few protocols of the Geneva Convention as a non-signatory state. Thus, the fact that Pakistan is unable to legislate its laws on refugees further complicates the deportation and repatriation process of Afghan refugees. There’s a high risk of unjust detention. Rahil Azizi’s case in this context is worth mentioning.
Currently, the status of Afghan refugees is on the cards. According to the UN Office for the Coordination of Humanitarian Affairs (OCHA), more than 300,000 Afghans have been repatriated to Afghanistan. Since Islamabad announced its decision to repatriate unregistered Afghan migrants on October 3rd, 2023. According to the reports given by OCHA, immigrants who were forced to leave are now in severe humanitarian crises, calling out for immediate assistance. Daniel Enders (The OCHA’s Humanitarian Coordinator) told the journalist that about 60% of the staggering 20,000 to 21000 individuals who crossed the Torkham and Spin Boldak Border between November 1st and 4th are children. Moreover
“Their condition is desperate, with many having traveled for days, unclear of where to return to and stranded at the border,” Endres was quoted as saying by the OCHA on X, formerly known as Twitter.
On the other hand, the government of Pakistan announced on Friday, November 3rd, 2023, that it had extended the legal status of about 1.4 million Afghan refugees until December 31st, 2023. This decision had come as a big relief to the PoR card and CAA card holders. These registered refugees usually include those who fled their country in the late 1970s during the Soviet invasion of Afghanistan. The spokesperson of the United Nations High Commission for Refugees in Pakistan welcomed this decision and appreciated the Government of Pakistan for this impactful step. However, international organizations such as UNHCR, Amnesty International, and UNDP are urging Islamabad to halt the mass deportations and detentions of Afghans.
“No one should be subjected to mass forced deportations, and Pakistan would do well to remember its international legal obligations, including the principle of non-refoulement,” said Livia Saccardi, Amnesty International’s deputy regional director for campaigns for South Asia.
Amidst the current refugee crises that Pakistan is witnessing today, it has become crucial for Pakistan to formulate a policy that can manage these refugees and their needs. For now, the Government of Pakistan should immediately halt the massive crackdown on refugees and extend the deadline of repatriation even for the unregistered Afghans. A systematic repatriation of these refugees should be initiated. They must be categorized into groups. For instance, depending on the number of women, children, adults, and ages, refugees should be dealt with accordingly. The most vulnerable groups should be given proper assistance throughout their repatriation journey.
Moreover, leverage should also be given to PoR card holders and ACC holders since the Government of Pakistan legally registers these card holders. Thus, the documentation process clears all the security concerns, and no valid reason is left to repatriate these Afghans. Several Afghans have also invested in Pakistani businesses. Therefore, their repatriation can cause a huge loss to Pakistan’s corporate sector.
On that note, it is important to mention the Afghan generations who were born and raised in Pakistan in these 4 decades. The Citizenship Act of Pakistan, under a few limitations, contends that any individual born within the territory of Pakistan would be considered a legitimate citizen of Pakistan. Thus, it implies that Afghans who were born in Pakistan are Pakistanis and shall not be deported from their home country under any circumstances.
Lastly, in 2015, while formulating Pakistan’s National Action Plan (NAP), it was mentioned under section 19 of NAP that a comprehensive national policy and domestic legislation would be done to ensure refugee management in Pakistan. This point was added with the consensus of all political parties and military administration. However, to date, neither a policy nor any domestic law has been passed to ensure refugee status in Pakistan. Therefore, the state must pass necessary domestic bills rather than depending on International conventions to deal with its refugees.
