Sending The Afghan Refugees Home

In recent developments, the Pakistani government has issued an ultimatum for all undocumented migrants and refugees to leave the country by the first of November 2023, warning of potential arrests and forced deportations for those who fail to comply. In response, a spokesperson for the Taliban administration in Kabul expressed their displeasure, asserting that Afghan nationals should not be held responsible for Pakistan’s security issues.

One of the driving factors behind this decision is the surge in terrorist attacks within Pakistan. Interior Minister Sarfraz Bugti has indicated that a significant number of suicide bombings this year, specifically “14 out of 24,” were perpetrated by Afghan nationals.

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To better understand the legal context of this situation, it’s important to note that Pakistan is not a party to the 1951 Convention relating to the Status of Refugees or the 1967 Protocol relating to the Status of Refugees. Consequently, Pakistan is not obligated to provide indefinite refuge to these individuals. However, as a sign of goodwill and neighborly support, Pakistan initially granted refugee status to Afghan migrants [UNHCR, ‘Return to Afghanistan 2002’ at 5; UNHCR, ‘Searching for Solutions; 25 Years of UNHCR – Pakistan Cooperation on Afghan Refugees’, June 2005 at 17].

It is essential to emphasize that this refugee status has always been of a temporary nature to be rescinded upon their home situation improving. Over time, consecutive agreements between UNHCR and Pakistan have resulted in extensions of their stay, but at no point has their presence been intended to be permanent.

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Local reports have suggested that Islamabad aims to have all Afghans, including those with legal status and Pakistan residence cards, leave the country eventually [BBC News]. This move is seen as a crucial step to address security concerns within Pakistan, as some refugees have allegedly provided a safe haven for individuals with ill intentions.

While Pakistan initially extended its hospitality to Afghan refugees, the evolving security landscape has led to a reassessment of the situation. It is essential to manage the departure of Afghan refugees in a humane and organized manner, ensuring their safety and well-being during the process.

As we navigate these challenges, it is important to remember the words of Hazrat Ali A.S: “Beware of the evil of the one you’ve been generous to.” Balancing generosity with security is a complex task, but it is imperative to address the concerns of all stakeholders involved in this situation.

FILE PHOTO: Siblings who arrived from Afghanistan with their families are seen at their makeshift tents as they take refuge near a railway station in Chaman, Pakistan September 1, 2021. REUTERS/Saeed Ali Achakzai/File Photo

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The writer is a lawyer, academic and political analyst. She has authored a book titled ‘A Comparative Analysis of Media & Media Laws in Pakistan.’ She can be contacted at: yasmeenali62@gmail.com and tweets at @yasmeen_9

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