Pakistan's Expulsion of Afghanistan’s Asylum Seekers and Long-term Residents

By @AzadiJaan | Friday, November 09, 2023 | info@wearenrf.org

Pakistan's recent actions involving the expulsion of the refugees, asylum seekers, and their long-term residents have come under intense scrutiny. This article sheds light on the concerning developments regarding the treatment of these vulnerable populations by Pakistani authorities, raising questions about the rights and safety of these individuals, especially those who have been seeking refuge in Pakistan after the Taliban's takeover in 2021.

Pakistan's interior ministry made a significant announcement on October 3 of this year, stating that all migrants from Afghanistan residing in Pakistan without legal status must depart voluntarily to Afghanistan or prepare for deportation, effective from November 1 onwards. After enduring severe mistreatment, harassment, and the frequent unjust imprisonment imposed by the Pakistani authorities during their residence there (some for decades), hundreds of thousands of families decided to undertake a 'voluntary' exodus, crossing the border into Afghanistan.

Within a mere 48 hours, it's estimated that over 30,000 people crossed the Zero Point border, one of several border entry points shared between Afghanistan and Pakistan. Afghanistan and Pakistan share a 2,640-kilometer (1,640-mile) border, making this mass migration all the more daunting.

The brutal time constraint (less than a month) by Pakistani authorities left numerous families with no choice but to leave behind businesses that had been established over decades, as well as their livestock, properties, and hard-earned savings. Disturbing videos circulating on social media platforms further revealed that these families were, in reality, prohibited from taking anything substantial with them as they crossed the border, except for household items and a limited sum of 50,000 Pakistani rupees. Anything exceeding this amount was categorized as Pakistani property and therefore not permitted to be taken to Afghanistan. This unfolding situation underscores a real-time humanitarian crisis, resulting from apparent violations of human rights by the government of Pakistan.

Expulsion of Asylum Seekers

In recent times, Pakistani authorities have conducted widespread sweeps targeting refugees and asylum seekers. Among those labeled as "illegal" residents are individuals who fled Afghanistan after the Taliban's return to power in 2021. Many of these individuals have been desperately seeking resettlement in countries like the United States, the United Kingdom,

Germany, Canada, and more. Many of them possess UNHCR documents or PoR cards (Proof of Registration) issued by the Pakistani government.

These people, especially women and girls, are at risk if forcibly returned to Afghanistan. Before the Taliban's resurgence, they held various jobs, from working with the US/NATO army to advocating for women's rights, practicing law, serving as judges, teaching, and even running businesses such as beauty parlors. Now they face deportation to Afghanistan, where the Taliban not only deny women job opportunities but also have banned education for girls beyond the 6th grade. Those who held such positions under the previous government are sentenced to death if discovered.

The decision to expel these asylum seekers raises grave concerns about their safety and the potential persecution they may face upon their return.

Refusal to Register Undocumented Refugees

A deeply troubling aspect of this situation is Pakistan's refusal to register these undocumented refugees. The United Nations High Commissioner for Refugees (UNHCR) plays a crucial role in assisting and protecting refugees worldwide, but there are unsettling rumors about the UNHCR in Pakistan being corrupt and incompetent. Many asylum seekers have complained about being unable to secure an interview date with the UNHCR, despite waiting for months. Even more disturbing are reports that some refugees have been asked for exorbitant bribes that they cannot afford. This situation has led to a loss of faith in the ability of the UNHCR to protect and advocate for the rights of these vulnerable individuals.

Plight of Long-term Resident Families

Another group of individuals affected by Pakistan's expulsion measures are families who have lived in Pakistan for several decades. They have made Pakistan their home, raised families, established businesses, and built ordinary lives. Many of these families have children who were and have grown up in Pakistan, with limited knowledge of Afghanistan and a strong identification as Pakistanis. For years, the Pakistani government has refused to provide these long-term residents with legal documents or registration.

Sulaiman Hakemy, a journalist and Opinion Editor with The National News, BBC, NYTime, and Vice, reported from the ground that he personally spoke with families who were expelled from Pakistan while they were holding either a UNHCR document or even a

PoR card with them. He also mentioned coming across children who were playing cricket (Pakistan’s national sport adopted from Brits, during the British occupation of India/Pakistan) at a refugee camp on the border who were only speaking Pubjabi and Pashto amongst themselves. It is important to note that Punjabi is not spoken in Afghanistan at all. These mere distinctions in the new generation of the migrants show their strong sense of belonging to Pakistan with their adoption of culture, and language.

Another report by The Guardian came out this week that clearly stated the harassment of Pakistani police of both undocumented and documented refugees in Afghanistan. One family told The Guardian that their younger generation were all born and raised in Pakistan but the Pakistani police literally scissored their legal documents in front of their eyes then told them to leave Pakistan.

The United Nations Convention on the Rights of the Child, in Article 7, stipulates that a child shall be registered immediately after birth by the state in which they are born and has the right to a nationality. Similarly, Article 15 of the Universal Declaration of Human Rights, which Pakistan has adopted, asserts that every human being has the right to a nationality and should not be arbitrarily deprived of their nationality or forced to change it. Pakistan's actions in denying registration and documentation to these long-term residents raise concerns about their human rights and the government's adherence to international obligations.

Pakistan's expulsion of the people of Afghanistan, asylum seekers and long-term residents presents a deeply troubling and complex humanitarian crisis. It is essential for Pakistan to consider the consequences of these actions and to respect the rights and safety of these vulnerable populations. The international community, including the UNHCR, must play an active role in ensuring that these individuals are protected and their rights upheld. It is crucial for Pakistan to address these issues in a manner that respects human rights, international obligations, and the basic principles of compassion and humanity.