Repatriation program of afghan refugees from Pakistan: voilation of principle of non-refoulement

Abstract

Since 1970s, Pakistan has been hosting about 3 million afghan refugees. About 1.5 million of the bulk is registered, while a similar number of unregistered Afghans are residing in Pakistan. Since Pakistan was not a signatory to the Convention on the status of refugees, the Afghan refugees initially were hosted on the basis of a tripartite agreement between Pakistan, Afghanistan and the UNHCR. With the passage of time, a narrative was developed in the policy circles of Pakistan that the Afghan Refugees were a security threat and economic burden on Pakistan. This narrative gradually motivated the Policy circles to initiate the process of repatriation and send the refugees back to their country of origin. At times, forceful repatriation, without considering the prospects for their dignified rehabilitation has also remained an option, which was a violation of the principles of International Law of Human Rights and the Customary International Law, mainly the principle of Non-Refoulement. The complicated legal status is one serious issue in terms of management of the refugees. Pakistan is neither a signatory to the UN Convention on the status of refugees nor does it have a National Law for the management of refugees. The Cabinet decision of February 2017 provided for national refugee legislation but it could not be capitalized due to rapid political change in the country. Given the limitations under the International Law of Human rights, the Customary International Law concept of the status of refugees, it is obvious that forceful repatriation of the Afghan Refugees is not an approved choice. Under the existing international legal regime, dignified and voluntary repatriation from Pakistan and sustainable rehabilitation at Afghanistan is the only appropriate option, which cannot be secured in isolation. Rather all the three parties should join hands for completion of this task. During the transition, Pakistan needs to enact a national refugee law for management of refugees, which includes the process of voluntary repatriation. This research is highlighting the issues related to afghan refugees in Pakistan, the existing legal framework and legal limitations faced by the GOP and the challenges faced by all the relevant stakeholders in repatriation and sustainable rehabilitation of Afghan Refugees.