Repatriating illegal aliens

Hundreds of thousands of undocumented Afghan refugees are returning to their homeland, which is a common practice for any country across the globe as illegal foreign nationals are not allowed to remain within its borders.

Pakistan, as a sovereign nation, also possesses this right. The 1951 Convention relating to the Status of Refugees, along with its 1967 protocol, is the primary document addressing the rights and obligations of refugees and establishing the globally acknowledged definition of the term ‘refugee’. While Pakistan has not formally ratified this convention, specific parts of it hold formal status in customary international law, providing guidance even to countries not party to the convention. Within this context, certain articles of the convention become relevant. Article 1 of the convention specifically defines a refugee as an individual who, due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group or political opinion, is outside their country of nationality and is unable or unwilling to seek protection from that country. This means that no contracting state should expel or return (refouler) a refugee in any manner to the frontiers of territories where their life or freedom would be endangered on the grounds of race, religion, nationality, membership in a particular social group, or political opinion.

The reports from the UN Interregional Crime and Justice Research Institute and the UN Secretary-General/General Assembly on the situation in Afghanistan have demonstrated that Afghan refugees currently in Pakistan can safely return to their home country. The circumstances outlined in Article 1 of the convention, which justifies their protection as refugees, no longer exist in Afghanistan. Consequently, there are well-founded reasons to assert that Afghan nationals residing in Pakistan face no “serious” or “credible” threats of persecution, given the stability and safety prevailing in their country.

Despite Pakistan’s sincere efforts to host four million Afghan refugees since the Soviet invasion in 1979, the country has never been appreciated by the world powers. In fact their presence in Pakistan added to issues related to national security, economy and politics, thereby making it difficult for the country to sustain the millions of refugees who, according to international law, are also no longer entitled to protection and refugee status. The principle of non-refoulment protection, particularly in the aftermath of the 2001 terrorist attacks in the US, is no longer broadly used to address the situation of thousands of illegal migrants.

Several countries including Australia through their domestic legislation have used “national security” as an exception to limit the broad application of the said principle.

The forced return of Afghan refugees has coincided with a significant rise in terrorism in Pakistan. Consequently, a perception has developed among the public that expelling Afghan refugees is Pakistan’s response to the Taliban government’s lack of cooperation on the issue of TTP-sponsored terrorism.

Throughout the past decades, Pakistan provided crucial assistance to Afghans in expelling Soviet forces, extended humanitarian assistance during the US-led war on terror and recently opened its borders to provide safe land to millions of Afghans, escaping the tyrannical rule of the Taliban. But regrettably, the Afghans have remained ungrateful. Despite pressure from the US, Pakistan refrained from taking military action against the Afghan Taliban leadership, which frequently visited Pakistan for family reunions and medical treatment. In return for all the favours over the years, Pakistan has earned literally nothing. While Pakistan is accused by the US and other world powers of playing a double game on the Afghan issue, the country even failed in its pursuit of a friendly western border.

Published in The Express Tribune, November 21^st, 2023.

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