ISLAMABAD: Human rights experts from the United Nations have called Pakistan to immediately cancel plans to deport 1.4 million Afghan nationals back to their country.

In a joint statement issued in Geneva on Tuesday, the special rapporteur on the human rights of migrants Felipe Gonzalez Morales, special rapporteur on human rights situation in Afghanistan Richard Bennet and special rapporteur on violence against women and girls, its causes and consequences, Reem Alsalem, urged Pakistan to continue its collaboration with relevant UN entities to ensure protection for those seeking safety in the country.

“The experts are troubled about the risk of refoulement of Afghan nationals to Afghanistan, including many families, women and children, as many of them would be at risk of irreparable harm, including serious human rights violations and abuses in their home country,” says a press release issued by the Office of UN High Commissioner for Human Rights (OHCHR).

“We urge Pakistan to uphold the absolute and non-derogable principle of non-refoulement and prevent collective expulsion and forced return,” the experts said.

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“The lack of domestic asylum laws and procedures does not absolve states of their obligations to uphold the principle of non-refoulement under international human rights and customary law,” they said.

The prohibition of refoulement is explicitly included in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (adopted in 1984), to which Pakistan is a state party.

‘Undocumented’ foreigners

The Pakistan government, which has hosted millions of Afghans for decades, recently announced that all ‘undocumented’ foreign nationals must leave the country by Nov 1 or face deportation to their countries of origin.

These plans would impact in particular over 1.4 million Afghan nationals, including many who fled to Pakistan seeking safety and protection due to serious human rights concerns and a humanitarian crisis in Afghanistan, experts say.

In December 2021, a group of UN experts in a letter had urged Pakistan to halt deportations of Afghan nationals following the Taliban takeover, until the circumstances and human rights situation in Afghanistan allow for safe and dignified return.

Pakistan should stop all forced returns and continue to host Afghan nationals who fled for safety, the experts said. The government must also ensure their full access to procedures where their individual human rights protection needs and their need for effective protection in line with international human rights and refugee standards, are fully assessed, they said.

“We are also concerned by the reports that Afghans living in Pakistan have been subjected to arrests, exploitation and undignified treatment, including since Pakistan announced its repatriation plans.”

Priority to vulnerable

“Priority should be given to those with heightened protection needs; Afghan women, girls, the elderly, as well as former Afghan government officials and security personnel, human rights defenders, other civil society activists and media workers who may have a well-founded fear of persecution based on gender, religious, or ethnic grounds deserve particular attention,” they said.

“We appreciate Pakistan’s hosting of Afghan nationals over many years, noting that they also make a positive contribution to Pakistan, and request the international community and member states to continue to facilitate the safe resettlement of Afghans at risk in other countries, and ensure their protection.”

Published in Dawn, October 18th, 2023