Introduction and Background
The global phenomenon of migration has been an integral part of human civilization, encompassing both individual and collective movements. However, within the broader category of migrants, the term ‘refugee’ holds a distinct meaning. In accordance with the regulations of the United Nations High Commissioner for Refugees (UNHCR), a refugee is a person who is forced to depart from their homeland due to a justified concern of being subjected to persecution rooted in factors such as race, religion, nationality, affiliation with a specific social group, or political beliefs.
This definition also includes those without nationality forced to leave their habitual residence due to external aggression, occupation, foreign domination, or events seriously disturbing public order in their country of origin or nationality.
One of the most recent and substantial waves of refugees has been the influx of Afghan refugees into Pakistan, triggered by civil strife in Afghanistan and the Soviet military intervention.
Pakistan is not a party to the 1951 Convention on Refugees and lacks national legislation or procedures for refugee protection. In the absence of a national legal framework, UNHCR conducts refugee status determinations in line with its mandate and the 1993 Cooperation Agreement with the Government of Pakistan. Pakistan generally accepts UNHCR decisions, allowing asylum-seekers and recognized refugees to stay until a durable solution is found.
Currently, there are 3.7million Afghan refugees in Pakistan, residing in various refugee camps across Balochistan, NWFP, and the Punjab. Additionally, there is a smaller number of unregistered Afghan refugees, often referred to as “free-floating” within Pakistan. The influx commenced in May 1978, coinciding with the first Marxist coup in Afghanistan. The monthly average was 44,118 persons during the period from May 1978 to December 1983. Notably, the rate significantly escalated after the direct Soviet military intervention in Afghanistan in December 1979.
The presence of three million refugees in Pakistan, a developing nation with limited resources, poses multifaceted challenges across political, economic, and social spheres. The sheer scale of the Afghan refugee population makes it the largest concentration of refugees in a single country within the Third World. The strain on resources and infrastructure has necessitated coordinated efforts from the Pakistani government, international organizations, and the global community to address the complex issues arising from this substantial refugee influx. The majority of Afghan refugees (75%) reside in Pakistan’s North-West Frontier Province, with the remainder primarily in Balochistan (20%) and in the city of Peshawar (4%).
Pakistan has completed a registration initiative for Afghan refugees residing in the country, issuing Proof of Registration (PoR) cards to grant them temporary legal residency in Pakistan. These cards afford freedom of movement and exempt holders from the application of the Foreigners Act, 1946. Presently, around 1.34 million Afghans possess PoR cards. The ongoing Documentation Verification and Information Verification (DRIVE) operation, led by the Government of Pakistan and assisted by UNHCR, aims to verify all PoR card holders. Those verified in this process will be provided with new smart PoR cards valid for two years.
Impact on Common Property Resources and Employment
The competition for common property resources, particularly grazing lands and water, has exacerbated tensions between the local population and refugees, disproportionately affecting the poorer rural communities. The economic strain has resulted in refugees accepting lower wages than their Pakistani counterparts, leading to friction and resentment within the local job market. The competition for employment opportunities in a fragile developing economy has strained relations and created socio-economic challenges. Despite relative freedom of movement accorded to Afghan refugees in Pakistan, social, political, and economic isolation persists. Settling refugees in various regions has triggered concerns among indigenous nationals about potential economic, political, or social instability.
The year 2001 marked the 50th anniversary of the signing of the 1951 UN Convention Relating to the Status of Refugees, considered a landmark instrument in the history of the struggle for refugee rights. However, the aftermath of 9/11 and the subsequent US air strikes in Afghanistan further complicated the situation, leading to mass migration of Afghans. The international humanitarian regime faced challenges, with governments primarily concerned about potential national and security threats rather than the refugees’ plight.
Repatriation Process, Trouble in FATA
The repatriation process began after the fall of the Taliban, with nearly 1.6 million Afghans returning to Afghanistan from Pakistan in 2002. However, the large influx created problems as returnees faced difficult conditions due to lawlessness and destruction in Afghanistan. Subsequently, the UNHCR shifted its focus from maximizing the number of returnees to ensuring the sustainability of return. A tripartite agreement signed in 2003 aimed at voluntary and phased repatriation of Afghan refugees. The process became slow in 2003 due to security risks in Afghanistan, and concerns about refugees’ willingness to return emerged as a key challenge. The military operation in the tribal areas of Pakistan, especially North and South Waziristan in 2004, resulted in the closure of refugee camps, leading to massive repatriation to Afghanistan. Challenges include security problems, economic burdens, environmental concerns, social/cultural impacts, and changing demographic patterns.
Despite the urgent call from UN experts in December 2021 to delay the expulsion of undocumented Afghans due to the precarious political situation in Afghanistan, Pakistan moved forward with its deportation plan. The unsafe conditions in Afghanistan, particularly for journalists, activists, and former officials targeted by the Taliban, posed significant challenges for a safe return. With no clear long-term plan for Afghan migrants, Pakistan’s recent approval of deportation centers resulted in the departure of nearly 60,000 Afghans before the November 1 deadline. Despite not being a signatory to key conventions, Pakistan relied on the Foreigners Act to arrest and deport undocumented foreigners, leading to what is now deemed a ‘Human Rights Catastrophe.’
In response to mounting concerns, on November 10, 2023, Pakistan took a step to extend the validity of ID documents for Afghans holding Proof of Registration (PoR) cards until December 31. However, disturbing reports have since emerged, detailing police raids confiscating or destroying these cards, with cardholders being coerced into returning to Afghanistan. This deportation plan not only contradicts international laws prohibiting the forcible return of individuals to places where they face torture or persecution but also exacerbates the already dire humanitarian crisis in Afghanistan. As winter sets in and the number of displaced individuals surges, swift action is crucial. The Pakistani government must collaborate with the UNHCR to resume the registration of Afghan asylum seekers and address the escalating humanitarian challenges in the region.
Conclusion
The Afghan refugee situation in Pakistan is a complex and evolving challenge, influenced by geopolitical events, political changes in Afghanistan, and the response of various stakeholders. The plight of Afghan refugees calls for a comprehensive and collaborative approach from the international community to address the multifaceted issues faced by host countries and the refugees themselves. While efforts have been made to manage the crisis, long-term solutions require sustained cooperation, resource allocation, and a focus on the human rights and dignity of the affected populations.
The presence of 3.7 million Afghan refugees in Pakistan, coupled with competition for common property resources and employment opportunities, has strained relations between the host communities and refugees. The economic strain has led to social and economic challenges, including resentment in the local job market and tensions over resource access. The repatriation process, initiated after the fall of the Taliban, faced obstacles due to security risks in Afghanistan, and the closure of refugee camps further complicated the situation.
In light of these challenges, the international community must continue to prioritize the Afghan refugee crisis, recognizing the need for sustained efforts to address the root causes of displacement and promote long-term stability. The first-ever census in 2005 underscored the persistent nature of the crisis, emphasizing the importance of ongoing collaboration between nations, international organizations, and local communities.
As the global community grapples with ongoing migration challenges, the Afghan refugee crisis serves as a poignant reminder of the human impact of geopolitical events. A comprehensive and collaborative approach that respects human rights and dignity is essential for crafting effective, long-term solutions. Balancing the concerns of host nations with the humanitarian imperative requires continued dedication to addressing the complexities of the Afghan refugee crisis, ensuring a more secure and stable future for both the refugees and the host nations involved.
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