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AFGHAN refugees are in the spotlight again, and the national fatigue is manifest. Rather than knee-jerk responses, the issue calls for better understanding.
International refugee law is governed by the 1951 Geneva Convention on Refugees and the 1967 Protocol. The foremost principle underlying it is that of non-refoulement, ie forced expulsion. Refugees’ return has to be on a voluntary basis and in a dignified manner.
Pakistan is not a signatory to the 1951 Geneva Convention Relating to the Status of Refugees. However, it threw open its borders to the Afghans as policy from 1979-80 onwards for a decade. In fact, they were encouraged to cross over and warmly embraced as brothers in faith. Since then, we have been working closely with UNHCR and other international agencies under agreed protocols and looking after them.
At present, according to the Commissionerate of Afghan Refugees (CAR) there are 1.6 million registered and over a million undocumented Afghans here. This is the largest refugee population living for the longest period of time in any country. Of those registered, 63pc live in the urban and rural areas and 37pc in camps. There were once 334 camps all over Pakistan to accommodate them; there are now 34.
Pakistan, Afghanistan and UNHCR first signed a Tripartite Agreement in Brussels in March 2003. This is renewed from time to time and is now valid till end 2015. The abiding provision of this deal is that the contracting parties agree to voluntary and gradual repatriation of the refugees with dignity and honour.
According to CAR, 3.861 million refugees have been repatriated to Afghanistan since June 2002. The UNHCR has increased its assistance grant to the returnees from $100 to $200 per person. Biometric monitoring system is in place at the point of departure in Pakistan and at the point of arrival in Afghanistan to guard against recycling.
The presence of about 2.6 million Afghan refugees in Pakistan in the country is causing much heartburn, in part because of their perceived involvement in crime and militancy. No doubt, some of them are culpable, but how many? The police have never been able to produce any reliable figures.
Afghans are by and large decent people. If they brought the ‘Kalashnikov culture’ and drugs with them, we as a matter of policy looked the other way for decades. Every policy towards the Afghans was kosher as long as it helped our rulers stay in power.
Coming to the question of their repatriation, they are foreign nationals and have to go back sooner than later. But let it be done in a manner worthy of respect. Most will leave as soon as order returns to their country. The maximum number of refugees, 1.565 million, left for home in 2002, following the fall of the Taliban government in 2001.
Pakistan and its people have invested a huge amount in the Afghan refugees by giving them shelter and succour. It has earned us much goodwill among them, although some of it was squandered by our governments playing a partisan role in their country’s internal politics. Let us retain whatever is left of it.
The repatriation policy has to be based on voluntarism and gradualism keeping in view the prevailing conditions in Afghanistan. The criminals, law-breakers and militants among them should face the wrath of the law — imprisonment, forced repatriation and worse when they resist with arms.
We need not be unduly alarmed by the presence of over two million Afghan refugees among us. There is no need to turn them into a bogey. Our own people in far greater numbers have migrated and will continue to do so in search of better prospects. We expect the rest of the world to treat them with respect. Do as you would like to be done unto.
The current Tripartite Agreement is to expire at the end of December. Preparation should begin for a practicable and humane new repatriation strategy. Some Afghans have established big businesses here; some have acquired expensive properties and some have been gainfully employed by Pakistanis either in industrial establishments or on lands. Governments all around the world attract investment. We should not throw away what has already been invested. Such cases should be regularised by visa regime or naturalisation if the investment is huge.
Pakistani men have married Afghan women. There are also Afghan women heading families after their bread-earners died in war or otherwise. Most important, 51pc of the Afghan refugees, according to CAR, are less than 18 years of age. The majority of them were born in Pakistan. They have never been to Afghanistan in their lifetime nor do they know anything of that country. They are essentially stateless. Let us treat them in the most civilised way to grant them Pakistani citizenship.
The writer is a former chief commissioner Afghan refugees.
Published in Dawn February 1st, 2015
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