Pakistan's Deadline: A Ticking Clock for Undocumented (Afghan) Refugees

01-11-2023

Andrej Confalonieri

Middle East and Human Rights Researcher

Global Human Rights Defence

Wednesday, 1 November 2023, marked the deadline for Pakistan’s plan to deport undocumented migrants and refugees in the country. The alleged reason behind this move is the significant increase in violence within Pakistan this year, primarily concentrated in the provinces of Khyber Pakhtunkhwa and Balochistan, both of which share a border with Afghanistan. [1] Pakistan has consistently claimed that the Afghan Taliban is providing shelter to militants associated with the banned Tehreek-e-Taliban Pakistan (“the TTP”), which shares a similar ideology with the Afghan Taliban. Following the TTP's decision to break a peace agreement with the Pakistani government, the group has carried out over 300 attacks, with their intensity and frequency on the rise. [2]

Pakistan asserts as the reasoning of the newly-adopted plan the presence of more than 4 million foreigners, primarily Afghans who began fleeing Afghanistan approximately four decades ago. While the first 400,000 Afghans fled their country because of the communist-led Taraki and Amin government, the number exponentially increased after the invasion of the country by the Soviets in 1979. [3] Approximately 15 to 20 % of Afghan refugees arrived in Pakistan after 2021, following the Taliban’s return to power. The Pakistani government alleges that 1.7 million of these Afghans lack proper documentation, but they deny singling out Afghans for repatriation. [4]

Despite Pakistan’s claims, international organisations’ reports indicate that Afghan nationals have been targeted in Pakistan. For instance, Amnesty International has repeatedly called on the Pakistani government to immediately halt the arbitrary arrests and harassment of Afghan refugees and asylum seekers. [5] Unfortunately, as reported by Amnesty International, Afghans have faced “arbitrary detentions, arrests, and the threat of deportation.” The organisation further notes that most lack Proof of Registration Cards, the documents that entitle Afghan refugees to regular residence in Pakistan. However, this is primarily due to the slow registration process, plagued by significant delays. [6] Moreover, most Afghan refugees initially entered Pakistan with regular visas, which have since expired. [7] As a result, refugees find themselves trapped in an untenable situation with no viable options: they cannot return to Afghanistan nor stay permanently in Pakistan. The ambiguity of their legal status and the challenging asylum or third-country relocation processes make them even more vulnerable. [8]

In any case, about 100,000 Afghans voluntarily returned to Afghanistan in October after the said deadline was set by the Pakistani government. For those who have not voluntarily returned, deportation centres are being established to hold foreigners until their deportation, [9] even though many are waiting for resettlement in countries such as the United Kingdom, Germany, Canada, and the United States. [10] Despite the government’s assurance that vulnerable groups will not be forced to leave Pakistan, the United Nations Refugee Agency (“the UNHCR”) has expressed concern about the potential risks faced by specific groups, including minorities, journalists, and women. [11] The UNHCR has provided slips to Afghans seeking refuge, hoping that the government will acknowledge them, although Pakistani authorities have not yet officially recognised them. [12]

Despite facing criticism, the Pakistani government is moving forward with its plans, raising the question of “how the international community will address this unfolding refugee flow”, the same sad question I asked myself when examining the situation of refugees fleeing Nagorno-Karabakh. [13] 

Sources and further reading

[1] Abid Hussain, ‘Why is Pakistan planning to deport undocumented Afghans?’ (Al Jazeera, 6 October 2023) <https://www.aljazeera.com/news/2023/10/6/why-is-pakistan-deporting-undocumented-afghans> accessed 1 November 2023.

[2] Ibid.

[3] Amnesty International, ‘Afghanistan’s refugees: forty years of dispossession’ (Amnesty International, 20 June 2019) <Afghanistan's refugees: forty years of dispossession - Amnesty International> accessed 3 November 2023.

[4] Abid Hussain, ‘Thousands of Afghan refugees fleeing Pakistan as deportation deadline looms’ (Al Jazeera, 31 October 2023) <Thousands of Afghan refugees fleeing Pakistan as deportation deadline looms> accessed 1 November 2023. 

[5] Amnesty International, ‘Pakistan: Government must stop harassing and arbitrarily arresting Afghans seeking refuge’ (Amnesty International, 20 June 2023) <Pakistan: Government must stop harassing and arbitrarily arresting Afghans seeking refuge - Amnesty International> accessed 1 November 2023.

[6] Ibid.

[7] Ibid.

[8] Ibid.

[9] Hussain, ‘Thousands of Afghan refugees’ (n 4).

[10] Human Rights Watch, ‘Pakistan: Afghans Detained, Face Deportation, End Coercion, Abuse, Forced Return of Refugees’ (Human Rights Watch, 31 October 2023) <Pakistan: Afghans Detained, Face Deportation | Human Rights Watch> accessed 1 November 2023.

[11] Caroline Davies, ‘Afghan refugees forced to leave Pakistan say they have nothing’ (BBC News, 1 November 2023) <https://www.bbc.com/news/world-asia-67281691> accessed 1 November 2023.

[12] Ibid.

[13] Andrej Confalonieri, ‘Nagorno-Karabakh: From Armed Conflict to Refugee Exodus’ (GHRTV, 8 October 2023) <Nagorno-Karabakh: From Armed Conflict to Refugee Exodus - Human Rights News> accessed 1 November 2023.