Pak's move to expel undocumented foreigners may trigger 'humanitarian crisis', warn rights groups

Islamabad: Pakistan's leading rights groups on Tuesday warned of a “humanitarian crisis” as it expressed concern over the government’s decision to expel undocumented foreigners, most of whom comprise Afghan nationals.

Earlier this month, the caretaker government gave an ultimatum to all undocumented immigrants to leave Pakistan by October 31 or else, risk imprisonment and deportation. It announced that action would be taken from November 1 against those illegal foreigners who had not left the country.

The move has drawn flak from various local and international groups as well as the Taliban-led Afghan government.

The Human Rights Commission of Pakistan (HRCP) Chairperson Hina Jilani in a letter addressed to the UN High Commissioner for Refugees Filippo Grandi stated that the Pakistan decision to expel Afghans could “trigger a humanitarian crisis”.

“The decision amounts to forced repatriation, which is not recognised under international customary law, and will invariably affect vulnerable refugees and asylum seekers, which include women, children, the elderly, persons living with disabilities, persons from low-income groups, and Afghans at risk because of their professions — many of whom fled Afghanistan after the Afghan Taliban took over the government in August 2021,” the letter stated.

There are reportedly more than two million undocumented Afghans living in Pakistan, with at least 600,000 of them leaving Afghanistan after the Taliban takeover in August 2021.

Jilani noted that despite criticism from human rights organisations, the government has not shown any signs of reconsidering its decision and has gone so far as to prevent civil society members from expressing their views on the matter.

The HRCP highlighted that the interim interior minister has announced that the current phase of expulsion would be followed by the deportation of foreign with legitimate documents, including Afghans who hold proof-of-residence cards.

The rights body said it has also received reports of harassment, intimidation, extortion and arrests of Afghans, while media reports suggested that 77 Afghan refugees with legitimate documents have already been deported.

“While HRCP recognises that the government may have legitimate security concerns tied to a small number of foreign nationals resident in the country illegally, we believe that humanitarian concerns must override security interests,” it said.

The HRCP also stated that such a decision did not fall within the mandate of an unelected government. “We also believe that refugees and asylum seekers should be allowed to thrive along with their hosts and that the rights of both are not mutually exclusive.”

It regretted that Pakistan was not a signatory of the 1951 Refugees Conventions, lacked a national asylum system and addressed issues pertaining to Afghan refugees through “ad hoc and discretionary policies”.

It highlighted that Pakistan was bound by universal customary laws of non-refoulement which prohibit deporting anyone to a place where they would face a real risk of persecution, torture, ill-treatment or life threats.

“HRCP believes that the Pakistan government’s actions in this context amount to violations of international customary law, given that the prevailing circumstances in Afghanistan are not at all conducive to the safe return and reintegration of vulnerable refugees and asylum seekers,” the letter said.

The HRCP urged the UNHCR to ask Pakistan to extend the deadline, ensure that no migrants or refugees with legitimate documentation were expelled, ensure refugees were treated with dignity and facilitate their access to documentation.

Separately, the National Commission on the Status of Women wrote a letter to Interior Minister Sarfraz Bugti, saying that there were approximately 2.5 million widows in Afghanistan, some of whom came to Pakistan in search of livelihood.

“These women are journalists, doctors, software engineers, and others who are undocumented due to various circumstances beyond their control,” it stated.

Quoting unofficial sources, the commission said there were around 30,000 Afghan women at risk.

“These women sought refuge in Pakistan due to the inhuman treatment of women in their country,” it said, expressing concerns that their “compelled return” to Afghanistan posed threats of persecution, abuse and death.

The rights group urged Bugti to review the cases of undocumented Afghan women on an individual basis taking into account specific challenges and vulnerabilities.

“By doing so, we can ensure that those who genuinely need protection are not forced back into a highly perilous and dangerous situation,” it stated.

Despite concerns, the government is still adamant to stick to the decision and allow only those foreigners who have legal status of a registered refugee or any other documentary proof that allowed them to stay in Pakistan.

Though the government has announced that the action would be taken against all illegal aliens but apparently the Afghans would be main affectees. Some of them have already gone back and reports showed the number of those Afghans who crossed the border before the deadline was nearly 100,000.