Pakistan's Refugee Protection: A Case Study of Afghan Refugees

This case study examines Pakistan's approach to protecting Afghan refugees and its compatibility with international law. It highlights Pakistan's historical and current policies, including voluntary repatriation, pathways to citizenship, and the provision of Afghan passports and Pakistani visas. The study explores how Pakistan's policies align with international refugee law, focusing on providing safe shelter, education, and work opportunities while ensuring the safety of women and children. It also addresses the reasons behind these approaches, such as managing overpopulation, resource shortages, and conflicts between host communities and refugees. The role of UNHCR in guiding Pakistan's solutions is also discussed, emphasizing the importance of sustainable and dignified returns for Afghan refugees.

Case study of Pakistan’s approach to the
protection of Afghan refugees and its
compatibility with international law
1

Introduction
Every year millions of people across the world escape their homeland in pursuit of an
unassailable and sheltered land by crossing an international border so that they can be safe
from war, violence or persecution taking place in their own country. These people are called
refugees and they are a great humanitarian concern for the world. The circumstances such as
war, terrorism, economic down turn, poverty and other human conflicts which lead to mass
exodus of citizens of one country to another. South Asia is world’s one of the largest hosts to
refugees as countries like Afghanistan contributes to a huge lot of refugee population to its
neighbouring countries. Refugees from Afghanistan take shelter in many countries of the
world but Pakistan and Iran ranks the highest in sheltering Afghani refugees. This essay is
trying to argue that the policies of Pakistan to protect the Afghan Refugees in the country are
compatible with International refugee law and what role does UNHCR play in the protection
of refugees. It has been explored in the essay that Pakistan has been sheltering and assisting
Afghan refugees since 40 years and this has contributed to the downfall of the economy of
Pakistan and in light of that Pakistan has taken certain steps to solve the refugee issue such as
sending the refugees back to Afghanistan if they are willing to or absorbing them as the
country’s own citizen after proper legal documentation.
Pakistani policy historically and currently in light of its
compatibility with international law
Pakistan’s Old Refugee Policy
The earlier policy of Pakistan stated that anyone entering Pakistan without proper documents
of travel to Pakistan is an illegal immigrant. Therefore, with huge amount of Afghan refugees
coming to Pakistan it became chaotic for Pakistan to manage these refugees and so Pakistan
tried to reinforce some new policies to solve the problem of Afghan refugees as well as
protect them1. There were hardly any law and order regarding immigrants in Pakistan and
therefore huge number of people migrated from neighbouring countries specially Afghanistan
due to its disturbed political conditions and Pakistan absorbed most of these refugees and
1 Muhammad Abbas Khan, Pakistan’S National Refugee Policy (2018) forced migration review
<https://www.fmreview.org/afghanistan/khan>.
2

allowed them to mix with the local population so that the refugees feel welcomed2. This was
fine until 2002 when Pakistan realised the problem of overpopulation of refugees and taking
guidance from UNHCR and Afghanistan it asked the refugees for voluntary repatriation
which was also not strictly followed up until 2015.
Current status
Pakistan’s new national refugee policy primarily focuses on the betterment of the lives of the
Afghan refugees in Pakistan as well as sending them back to their own country in a legal and
voluntary way so that the country can provide assistance to the refugees remaining in
Pakistan while controlling the overwhelming population of the refugees in Pakistan so that it
becomes easier for the country to host them as the falling economic conditions of the country
is becoming an obstacle in the way of hosting these refugees and providing them the proper
infrastructure and food3. There are certain steps taken by Pakistan to manage the refugees of
Afghanistan while being compatible by the international refugee law that are mentioned
below4 .
Reintegration
Pakistan has taken new approaches to encourage voluntary return of registered Afghan
refugees with the help of UNHCR and Afghanistan government. These refugees upon return
are entitled to US$200 for their sustainable growth and development in Afghanistan.
Pakistan’s new national policy focuses on the importance of sharing information regarding
the development status of 48 reintegration sites to be shared with potential returnees5.
Host communities
Most of the refugees in Afghanistan live outside the refugee camp due to shortage of food
and other necessities. This was due to the limited infrastructure and resources of the host
2 Azhar S.,‘Afghan Refugees in Pakistan: the Pakistani View’ inE.W. Anderson and N. Hatch Dupree, eds., The
Cultural Basis of Afghan Nationalism.(London: Pinter,1990)105-114.
3 Bialczyk, A,Voluntary repatriation' and the case of Afghanistan: a critical examination.(Oxford: Refugee
Studies Centre 2008)
4 Novak, Paolo. "Refugee status as a productive tension." Transnational Legal Theory 6.2 (2015): 287-311.
5 Turton, David, and Peter Marsden. Taking refugees for a ride?: the politics of refugee return to Afghanistan.
Kabul: Afghanistan Research and Evaluation Unit, 2002.
3

communities providing refugee to the immigrants. Therefore, this shortage led to friction
between the host communities and the refugees6. The current national refugee policy of
Pakistan has provided assistance to these refugees to solve this problem7.
Education and Training
Pakistan understood the importance of education and training the refugees because this will
help in smooth voluntary and gradual repatriation of the Afghan refugees to their home
country. Also this will help in the sustainable development of those refugees after they return
to Afghanistan as they can find means of earning and other work to ensure necessary
livelihood conditions8. With maximum refugees being under 18 years of age, most being born
in Pakistan it became a must for Pakistan to open training and skill centres for these refugees
so they can survive in the host community9.
Pakistan’ new refugee policies are a series of logical and much needed intervention to ensure
the safety and security of Afghan refugees10. Even though Pakistan today is not in an
economic height to host a million refugees but its new policies are helping in sending them
back to their own country and that too in a sustainable and healthy way so that these returnees
can start a new life there.
International Refugee Law
Refugee law is a part of international law that deals with the protection of refugees, human
rights of the refugees and other rights such as child rights and the right treatment of the
refugees in the host countries. This law is enforced to maintain the dignity and health of the
refugees in host countries. This law takes care of certain rights such as the right to freedom
from torture or degrading treatment, the right to freedom of opinion and expression, the right
6 CentlivresP. and Centlivres-Demont, M. ‘Afghan Refugees in Pakistan: an Ambiguous identity’(1988) Journal
of Refugee Studies 1(2)141
7 Jacobsen, Karen. "Factors influencing the policy responses of host governments to mass refugee
influxes." International migration review 30.3 (1996): 655-678.
8 Christensen, H.Afghan Refugees in Pakistan: from Emergency towards Self-reliance. Report on the Food
Relief Situation and Related Socio-Economic Aspects(Geneva: UNRISD,1984)
9 Waters, Tony, and Kim LeBlanc. "Refugees and education: Mass public schooling without a nation-
state." Comparative Education Review 49.2 (2005): 129-147.
10 Daniel A. Kronenfeld, “Afghan Refugees in Pakistan: Not All Refugees, Not Always in Pakistan, Not
Necessarily Afghan?” Journal of Refugee Studies, Vol. 21, No.1 (March 2008), pp. 43-63
4

to freedom of thought, conscience, and religion, the right to life, liberty, and security,
freedom from discrimination11.
Pakistan’s compatibility with international refugee law
Pakistan has taken many measures while dealing with Afghan refugees and being compatible
with international refugee law such as providing shelter that is safe and secure to the
refugees, educating the refugees, giving the refugees opportunities to work and earn a living
in Pakistan, ensuring there is no discrimination or foul treatment of the refugees by the host
communities12. The new national policy of Pakistan also makes sure that there are no criminal
activities or crimes taking place in and around the refugee camps. The policy focuses on the
safety of women and children to ensure their protection from all sorts of crimes against
women and children such as human trafficking13.
Pakistan’s approach to the Afghan refugee issue and solutions
and the reason to take these approaches and the laws that apply
at the camp
Pakistan’s approach to the Afghan refugee issue and solutions
Pakistan has taken many approaches to solve the Afghan refugee issue with the guidance
from UNHCR and have successfully managed a lot of problems such as overpopulation of
refugees and shortage of food and infrastructure.
Voluntary Repatriation
Voluntary repatriation is a big step encouraged by Pakistan to the registered refugees of
Afghanistan. This step was highly guided by UNHCR as the organisation entitled all
11 UNHCR Supports Pakistan, Afghanistan To Secure Sustainable Solutions For Afghan Refugees(2018)
unhcrpk.org <https://unhcrpk.org/unhcr-supports-pakistan-afghanistan-to-secure-sustainable-solutions-for-
afghan-refugees/>.
12 Nancy Hatch Dupree, “Demographic Reporting on Afghan Refugees in Pakistan,” Modern Asian Studies, Vol.
22, No. 4 (1988), pp. 845–865
13 Jones, Evan, Julia Mayerhofer, Amy Testa, Anoop Sukumaran, Helen Brunt, and Mahalia Kahsay. "Positive
Practices in refugee Protection in the asia-Pacific region research rePort." (2016).
5

returnees to huge amount of money to start a new life in their home country after returning
from Pakistan. As this will not only combat the issue of overpopulation but also give the
refugees new opportunities to go back to their own country with dignity and live there in
relief and as legal citizens of that country14. Children of the refugees are also considered
refugees even if they were born in Pakistan but upon returning to Afghanistan these children
will have legal citizenship of their country and not live as refugees so they can have the
permission to do a lot of things that they were not allowed to in Pakistan15.
Pathways to citizenship
Pakistan has opened new doors of opportunities for the Afghani refugees to gain the
citizenship of Pakistan itself by thorough documentation and undergoing other legal
procedures. This way they won’t be a burden on Pakistan as refugees and they can freely
reside in Pakistan as citizens thus being able to avail a lot of facilities that only citizens of a
country can16. After Pakistan introduced new pathways to citizenship the country has helped
itself as well by absorbing the refugees as its own people and enabling them to contribute to
the economy17.
Availing Afghani passport and Pakistani visa with Flexi Visa policy
Another approach taken by Pakistan to solve the issue of Afghani refugees is to avail them of
Afghani passports while they are in Pakistan. This way they can apply and get the Pakistani
visa and thus becoming a legal immigrant and no more being a refugee. The refugees can
therein call themselves legal citizens of Afghanistan and also a legal immigrant to Pakistan
with proper travel documents. This approach helps them in availing the facilities of a legal
immigrant which they were not allowed as refugees prior to documentation18.
14 Rhoda Margesson, Afghan Refugees: Current Status and Future Prospects (Washington, DC: Congressional
Research Service, January 26, 2007).
15 Carrera, Sergio. "Identity Determination Dilemmas: Whose National Are You?." Implementation of EU
Readmission Agreements. Springer, Cham, 2016. 13-21.
16 Susanne Schmeidl and William Maley, “The Case of the Afghan Refugee Population: Finding Durable
Solutions in Contested Transitions,” in Howard Adelman, ed., Protracted Displacement in Asia: No Place to
Call Home (Aldershot: Ashgate, 2008), pp. 131–179
17 Song, Jay. "Labour migration as complementary pathways for refugees in the Asia-Pacific." (2018).
18 Frances Nicholson and Judith Kumin, A Guide To International Refugee Protection And Building State
Asylum Systems (2017) <http://www.unhcr.org/publications/legal/3d4aba564/refugee-protection-guide-
international-refugee-law-handbook-parliamentarians.html>.
6

The reason to take these approaches
Pakistan has been dealing with Afghani Refugees since decades and it started becoming a
problem lately when the populations of these refugees started growing above the radar and
the locals started feeling frightened about their own land and space. This also started causing
issues between the host communities and the refugees due to the shortage of basic necessities
that were promised to the refugees but the hosts were now unable to provide due to their
growing populations and longer duration of stay. These issues led to conflicts between the
hosts and the refugees which had to be managed as soon as possible. There were other issues
such as the protection of such a large number of refugees as many of them started living
outside the camps in search of food and better infrastructure. A crime is increasing due to
friction between the growing population and their demands. Pakistan also noticed that the
refugees still do not wish to return to their home country even though the reasons that led
them to flee have been resolved. This directly affected the already falling economy of
Pakistan. Therefore, Pakistan decided to consult the UNHCR and the Afghanistan
government to find out solutions in order to help the refugees sustainably as well as retain the
composure of Pakistan as a country19.
Laws applied at the camp
There are certain laws that are applied at the refugee camp for Afghani refugees in Pakistan
which ensure the safety, dignity and protection of the refugees and also helps in avoiding
criminal activities at the camp such as the ones mentioned below20.
Forbidding employers to use foreign labour
This is a new law that forbids employers to use foreign labour therefore not allowing refugees
to work at unregistered employment options such as private jobs. This is to ensure the
refugees are not exploited by the locals of the host country.
Human Rights Laws
19 Ghufran, Nasreen. "The Role of UNHCR and Afghan Refugees in Pakistan." Strategic Analysis 35.6 (2011):
945-954.
20 Hussain, Ijaz. "Pakistan's International Law Practice on Afghan Refugees." Pakistan Horizon 38.1 (1985): 85-
98.
7

The human rights laws set by the international refugee law are followed at the camp which
prohibits discrimination, injustice and violence or hostile treatment of the refugees in the
camp. Discrimination or hostility towards the refugees are an offence of the law and are duly
punishable if anyone found guilty. This law falls under the Humanitarian act for the refuses
which states that the refugees should be treated as equal humans.
Prohibition of forced deportation
This law ensures that the host community takes care of the fact that there is no forced
deportation of the refugees to either their own country or as an act of human trafficking. This
guarantees the safety and protection the refugees while at the camp21. Women and children
the usual victims of such acts should feel protected and safe in the camp and therefore this
law has been enforced.
Prohibition of enslavement or abuse
This law takes care of the refugee’s dignity and save them from enslavement by the host
community or any kind of abuse by the locals or other refugees. Such activities are
punishable by the law and anyone found guilty will be taken under custody.
Policies introduced for protection and assistance of Afghan
refugee
There are several policies that are undertaken by the government of Pakistan to deal with the
Afghan refugee issues. The Comprehensive policies on Voluntary Repatriation and
Management of Afghan National and Solution Strategy for Afghan refugees (SSAR) are two
of the most prominent policies that are adopted by the government of Pakistan.
Comprehensive policy on voluntary Repatriation and Management of Afghan nationals:
This policy that is formulated by the government has held tripartite commission that
formulates strategies of helping the afghan nationals to move back to their home land. This
policy is evaluated each year through a tripartite commission meeting. The 29th Tripartite
meeting has ensured that the refugees are provided with land, housing and basic facilities on
return to their home land. It has also increased the PoR cards till the end of the year 201822.
21 Nancy Hatch Dupree, “The Demography of Afghan Refugees in Pakistan,” in Hafeez Malik, ed., Soviet-
American Relations with Pakistan, Iran and Afghanistan (Basingstoke: Macmillan, 1987), pp. 366–395
8

Solution strategy for Afghan refugee: This policy as well helps in the wilful repatriation of
the refugees to host countries like providing food security and livelihood opportunities, social
support and cooperation with the host nationals and capacity development activities.
Role of UNHCR
UNHCR is the United Nation High Commissioner for Refugee. This is a mandate that is
issued by the United Nation which is aimed at helping those refugees who have been forced
to become stateless. This mandate help the refugees is either helping to voluntarily repatriate,
integrate the employees locally or help the employees to settle in a third country apart from
the home country or the country of refuge. This office has been created in the year 1950 to
deal with the refugee issues formed as a result of the Second World War. The headquarters of
this office is stated in Geneva. Large scale wars or civil wars across the globe have always
resulted in displacement of large number of population. This population becomes a headache
to the nations in which they enter. The quality of life of the refugees in the host country
becomes pathetic. This becomes an issue of humanitarian concern as a result the United
Nation has taken up this issue by the formation of this office. The United Nation High
Commissioner for Refugee deals with the refugee issue faced by any country across the
globe23. The international agency has won Nobel Prize for peace because of its contribution in
maintaining peace in countries dealing with refugee issues.
The UNHCR plays a vital role in dealing with the Afghan refugee issues in Pakistan. The
number of Afghan refugee in Pakistani soil is one of the largest refugee issues that are faced
by a country in long time. The role of UNHCR has worked in cooperation with the
government of Pakistan in dealing with the refugees in the country. The humanitarian
approach of UNHCR has been notable in dealing with the Afghan refugee issues in Pakistan.
The organisation has used voluntary repatriation of almost 3.6 million refugees till the year
2002. The credibility of the organisation has been recognised by the government of both the
22UNHCR Supports Pakistan, Afghanistan To Secure Sustainable Solutions For Afghan Refugees - Pakistan (2018)
ReliefWeb <https://reliefweb.int/report/pakistan/unhcr-supports-pakistan-afghanistan-secure-sustainable-solutions-afghan-
refugees>
23Sheikh, Mona Kanwal, "Islamic State Enters Al-Qaeda’S Old Hotbed: Afghanistan And Pakistan" (2017)
16(1) Connections: The Quarterly Journal
9

countries24. The estimation of the number of refugee is one of the key activities that are to be
conducted by a country for the purpose of formation of policies. The UNHCR played a vital
role in conducting the census of the number of refugees in Pakistan in less than a year time
during 2006-07. This activity has helped Pakistan to successfully form regulations or policies
to address the refugee issues. It is worth mentioning that the organisation has been facing
challenges from different angles for conducting protective activities for the Afghan refugees
in Pakistan. There have been questions raised regarding the voluntary repatriation of the
Afghan refugees because of the situation of unrest existing in the Afghanistan25. There have
been accusations made against this organisation as well for having ulterior motives other than
helping with the refugee situation because of the prolonged period of stay in Pakistan. The
ulterior motive that has been accused has been the lack of intention of solving the refugee
situation because it helps in generation of employment for UNHCR.
The UNHCR was formed with the intention of being an independent body with no political
alliance. The expenses of the running of the organisation are funded by the donors and it has
been observed that the opinions of the donors and the international politics have played a
vital role in the functioning of the organisation. The integrity of UNHCR has been tested in
the particular case dealing with the Afghan refugee as the cause of the displacement of
Afghan population has been because of the invasion of the Soviet troop in the year 1979. The
USA by using the Afghan Mujahedeen fought the Soviet Russia. Pakistan played a part as an
ally to USA. There has been several Afghan population as well that has taken sides with the
USA in fighting the Soviet forces. The issue was highly politically sensitive in this case and
the involvement of the UNHCR in the refugee politics cannot be denied in this case. Even
though it was supposed to only deal with the humanitarian aspect in perform in protecting the
Afghan refugees. The organisation has been in involvement from the beginning of the influx
of the refugee in Pakistan26. The activities regarding the protection of the refugees by the
organization has been done in an environment that is highly politicised in nature.
24Solutions Strategy For Afghan Refugees (2014) UNHCR
<http://www.unhcr.org/en-us/562a44639.pdf>
25Ghufran, Nasreen, "The Role Of UNHCR And Afghan Refugees In Pakistan" (2011) 35(6) Strategic Analysis
26Refugees, United, Pakistan (2018) UNHCR <http://www.unhcr.org/pakistan.html>
10

The recent data also suggest that around 1.4 million refugees are officially registered to be
present in Pakistan. This data has been taken by the UNHCR in the year 2018. In the year
2018 the function of UNHCR in Pakistan still involves dealing with health and educational
needs of the Afghan refugees in Pakistan. The organisation is still trying to make sure that
social cohesion can be developed among the Afghan refugee and the local population of
Pakistan. At the same time there has been efforts made still to help the refugee population
who intend to return back home. There are some basic human rights that everyone across the
world should enjoy regardless of their political stand point. The UNHCR has helped enrolling
54000 refugee children in primary school in the year 2018.
The UNHCR is also responsible for developing a solution that is sustainable in solving the
refugee problem for Pakistan. The organisation has assured the government that even though
there has been long time that has been spend by the organisation in solving the problem but it
is going to propose a sustainable solution to Pakistan. The UNHCR has helped theinclusion
of Proof of Registration card for the Afghan refugees in Pakistan to be completed by the year
2018. This has served as a temporary relief to the refugees. The refugee issued has to be dealt
with till a permanent solution is achieved in terms of return of the refugees to their homeland
in a safe sound and dignified manner. The UNHCR has helped in raising fund for the purpose
of supporting the Afghan refugees living in Pakistan. The UNHCR has helped the Afghan
refugees in Pakistan by helping them to generate Afghan passport while being in Pakistan. At
the same time they have also helped the Afghan refugees to obtain visas under flexible visa
regimes that are provided by the government of Pakistan to the Afghan refugees. The
UNHCR has also helped the refugees to be properly informed regarding the situation in their
homeland before they take the decision of returning back. This has been one of the key
functions of the organisation as well. The organisation has also assured in the journey of
return to many of the refugees. This has reduced the burden of the government to a huge
extent. There have been several policies that have been developed by the government of
Pakistan like the Comprehensive policy on Voluntary Repatriation and Management of
Afghan Nationals which has been executed with the help of the UNHCR. The SSAR of
Solutions Strategy of Afghan Refugees undertaken by the government has been aided by the
government of Pakistan, Afghanistan and UNHCR on a tripartite partnership basis27. The
27Services, United Nations Department Of General Assembly Affairs And Conference, Report Of The United Nations High
Commissioner For Refugees (United Nations, 2016)
11

highly controversial voluntary repatriation has been continued to be undertaken by UNHCR
which has helped the government of Pakistan in reducing the financial burden for supporting
the refugees for a time period of four decades.
Conclusion
Conclusively, this essay has argued that Pakistan has been hosting refugees for a period of 4
decades. This puts a toll on the economy of the country. There are several strategies that are
adopted by the country to solve this issue. This involves voluntary repatriation, citizenship
etc. There are several legislation and policies that are developed by the government of
Pakistan in this regard. The role of United Nation in this is to be acknowledged as well. The
United Nation High Commissioner for Refugee or UNHCR plays a vital role in aiding the
government in formulating solution.
12

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13

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14

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15