Mass Deportation and Detention of Afghan Refugees from Pakistan: Focusing on the Situation of Women

About the Author
Nasiba Hamidy, the author, enjoys a decade of experience working in government, local and international non-governmental organizations (NGOs), and global organizations. She specializes in gender equality, advocacy, and research and analysis. In her work, Nasiba has cultivated extensive partnerships to support survivors of gender-based violence, vulnerable children, and those affected by conflict. She recently pursued a Master of Global Affairs in International Peace Studies at the University of Notre Dame. Her professional journey includes roles with the Human Rights and Development team at the UN Women Geneva Office, where she contributed to intergovernmental processes and gender equality initiatives, and as Assistant Secretary in the Office of the President of Afghanistan, where she played a crucial role in youth inclusion in policy-making. She has also been involved in peacebuilding initiatives, including “Mothers of Peace” with the United Nations Assistance Mission in Afghanistan (UNAMA) and the High Peace Council of Afghanistan (HPC), advocating for women’s inclusion in the peace process and decision-making. Nasiba’s leadership extends to founding and co-founding several civic and cultural initiatives, such as Afghan Volunteer Youth for Social and Cultural Reform, Café 451, the Your Smile Campaign, and Traveling Books. These initiatives foster civic engagement and educational opportunities for women and youth.

Introduction

For decades, Afghan refugees have sought shelter in Pakistan, fleeing war and conflict in their homeland. Following the fall of Afghanistan in mid-August 2021 to Taliban insurgents, 1.25 million Afghans sought refuge in neighboring countries Pakistan and Iran [1]. On July 29, 2024, the United Nations High Commissioner for Refugees (UNHCR) reported that 71 percent of the Afghan refugees who have sought protection in neighboring countries are women and children [2]. However, the situation took a distressing turn in November of 2023 when Pakistani authorities initiated mass deportations of Afghan refugees.

Simultaneously, reports from esteemed organizations like Human Rights Watch and Amnesty International outline that the Pakistani police have engaged in abusive practices, bribery, unwarranted detentions, confiscation of refugee property, and even the destruction of their homes.

The United Nations (UN) has highlighted the Taliban’s role in perpetrating arbitrary detentions and killings within Afghanistan. Additionally, the Taliban’s repressive policies have led to the restriction of women and girls from exercising their fundamental rights to education, employment, and participation in societal activities.

This paper examines the human rights violations and mass deportation and detention of Afghan women refugees by the Pakistani government. It begins with an overview of the events leading to the Taliban’s takeover of Afghanistan. It then delves into the motivations behind the Pakistani government’s actions, explores the human rights implications for Afghan refugees, and analyzes the geopolitical consequences of these events.

Why Pakistan decided to deport Afghan refugees from Pakistan

In October 2023, the Pakistani government declared its intent to deport Afghan refugees who had sought shelter in Pakistan since the 1980s during the Soviet Union’s occupation and again after the Taliban’s resurgence following August 15, 2021. Pakistan’s decision affected over four million Afghan refugees – deemed “unregistered foreigners – and a smaller number of Somalis and Yemenis residing in Pakistan [3]. According to Pakistan, its deportation order is rooted in its anti-terrorism efforts. The Pakistan-Afghanistan border, historically known as the “Durand Line” after the British diplomat who outlined it, has long harbored various extremist groups. Pakistan views the removal of refugees as a measure to combat terrorism and address security challenges along its borders. [4]

These terrorist groups include the Tehrik-e-Taliban Pakistan, also known as the Pakistani Taliban, and the Islamic State of Khorasan, an offshoot of the broader Islamic State group. Pakistani officials have blamed Afghan nationals for a sharp increase in high-profile terrorist attacks and accused Afghanistan’s Taliban-led government of harboring militants.

Some analysts say Pakistan hopes to pressure the Taliban to crack down on terrorism.  Others point to a desire to reduce the population of ethnic Pashtuns, a sizable minority of Afghan migrants, who Pakistan’s influential military sees as a separatist threat. [5]

Source: Council on Foreign Relations

Some reports blame the deportations on Pakistan’s economic crisis. Over the last few years, the Pakistani rupee plunged against the US dollar. [6]  While the economic reasons may have contributed to the decision, the deportation order seemed to result mainly from increased violence across along the border between Pakistan and Afghanistan.

Pakistani official’s abusive behaviors in deporting Afghan refugees

The deportation of Afghan refugees has been accompanied by grave human rights violations by Pakistani police and other authorities in order to coerce the repatriation of Afghans. Among the array of abuses reported are mass detentions, the confiscation of property and livestock, and the deliberate destruction of identity documents, collectively resulting in the forced expulsion of thousands of Afghan refugees and asylum-seekers.

A significant portion of those affected were born in Pakistan and have never resided in Afghanistan. [7] Moreover, there are reports highlighting the dire predicament of individuals facing severe risks of persecution upon return to Afghanistan, including but not limited to women, girls, human rights advocates, journalists, and former government personnel who fled after the Taliban assumed power.[8] Furthermore, instances of corrupt practices have been reported within the Pakistani law enforcement apparatus, with allegations ranging from extortion to bribery to the confiscation of personal belongings such as jewelry and livestock. Additionally, Human Rights Watch reported that some Afghan women and girls faced sexual harassment and were threatened with sexual assault by the Pakistani police. [9]

Forty-nine detention centers [10] have been set up across Pakistan, which have not been constructed under a specific law or legal system. According to Amnesty International, at least seven detention centers have no legal rights extended to detainees, such as having the right to a lawyer or communication with family members, thus denying detainees fundamental rights and violating international standards for fair trials and liberty. These issues raise concerns about Pakistan’s adherence to human rights standards and the rule of law. Addressing them requires aligning detention practices with international legal obligations and respecting the rights of all individuals.

Challenges deported refugees are facing

The effects of deportation on refugees, especially women who face severe restrictions from the Taliban, can have adverse social, economic, and psychological consequences for four main reasons.

First, deporting refugees to Afghanistan, especially those who have been away for decades, thrusts them into a society that has drastically changed. The Taliban’s imposition of strict rules on women and girls has severely curtailed their freedom and access to fundamental rights like education, employment, and mobility. For these women, returning to a place where their rights are severely restricted can lead to feelings of isolation, marginalization, and loss of agency. [11]

Second, women who were working or running businesses now face significant barriers to economic participation due to the Taliban’s restrictions. The ban on women working outside the home and operating companies such as beauty salons deprives them of financial independence and contributes to economic instability for their families. This can lead to poverty, limit access to essential services, and heighten vulnerability to exploitation.

Third, the loss of autonomy, coupled with the fear of reprisals for defying Taliban decrees, can lead to anxiety, depression, and trauma for women. Moreover, the uncertainty of their future in an unpredictable and conflict-ridden environment adds to their psychological distress.

Fourth, the Taliban’s systematic violations of the rights of women and girls, as evidenced by the numerous decrees [12] restricting their freedoms, raises serious human rights concerns. Deporting refugees back to a country where their fundamental rights are under threat not only disregards their well-being but also undermines international commitments to uphold human rights and protect vulnerable populations.

International reactions to the mass deportation of Afghans from Pakistan

The United Nations, the United States, and human rights organizations have criticized the Pakistani government for deporting Afghan refugees. UNHCR urged Pakistan to seek a more humane and appropriate approach. In a joint statement, UNHCR and the International Organization for Migration (IOM) called on Pakistan to halt the mass deportation of Afghan refugees. Additionally, the US State Department has emphasized the importance of all nations, with a particular focus on Pakistan, to fulfill their obligations to Afghan refugees and asylum-seekers. [13]

Pakistan has ratified the 1951 Refugee Convention, but it lacks specific domestic protections for refugees. [14] However, legal analysts argue that the deportations still contravene international human rights norms, particularly those against returning asylum-seekers to dangerous or oppressive situations. This raises questions about Pakistan’s adherence to its international obligations concerning refugee rights and protection.  Additionally, Pakistan’s mass deportation policy violates the United Nations Convention Against Torture [15] and the customary international law principle of nonrefoulment: [16] not to forcibly return people to countries where they face a clear risk of torture or other persecution. Refoulement occurs not only when a refugee is directly rejected or expelled but also when indirect pressure is so intense that it leads people to believe they have no option but to return to a country where they face a severe risk of harm. [17]

Recommendations

• The Pakistani government should end police abuses and deportation threats and work with UNHCR to resume registration of Afghan asylum-seekers.  However, on March 20, 2024, Pakistan announced the second phase of its deportation of Afghan refugees. [18] Diplomatic pressure must be applied by the UN, international organizations, NGOs, states, media and civil society organizations to halt Pakistan’s deportation of Afghan refugees.
• Pakistan must ensure that detention practices align with international legal obligations and respect the dignity and rights of all individuals, regardless of their legal status. The 1951 Refugee Convention and its 1967 Protocol outline the rights and protections of refugees. [19] Article 33, Paragraph 1 of the 1951 Convention provides: “The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.”
• On April 5, 2024, the UN High Commissioner for Refugees requested $620 million to aid Afghan refugees in Iran and Pakistan. [20] The agency noted that the 2024-2025 Regional Refugee Response Plan budget will assist 4.8 million Afghan refugees and 2.5 million members of their host communities in 2024. The UNHCR should direct this funding towards ensuring support and halting deportations.
• Pakistan should adopt a more human rights-centered approach towards Afghan refugees, especially those facing life-threatening risks upon return to Afghanistan.
• States and human rights organizations should hold Pakistan responsible for its treatment of Afghan refugees, which will reinforce the importance of adherence to international standards and the consequences of violating refugee rights. It can be done by exploring legal avenues through international human rights bodies or utilizing legal frameworks and establishing a monitoring mechanism by the UNHCR to assess the treatment of Afghan refugees in Pakistan and report the findings.
• UNHCR and destination states, such as the United States, Canada, Australia, the UK, and EU countries, should facilitate the travel and refugee and asylum cases of Afghan refugees from third countries, such as Pakistan.

Conclusion

The recent actions of the Pakistani government, ostensibly justified by anti-terrorism measures and border security concerns, have drawn widespread condemnation for their egregious human rights violations. The harsh treatment meted out during deportations, including mass detentions, property seizures, identity document destruction, and reports of misconduct, such as harassment, abuse, and bribery, have compounded the vulnerabilities of Afghan refugees and asylum-seekers, particularly women and girls.

The reintegration challenges for deported refugees, particularly with regard to access to education, employment, and overall socio-economic stability, are compounded by Taliban-imposed restrictions on the fundamental human rights of women and girls such as the right to education, employment, appearing in media, playing sports, going to parks, traveling, and access to justice. These circumstances necessitate urgent international attention and cooperation, with appeals for Pakistan to suspend deportations and collaborate with organizations such as the UNHCR to devise more humane and effective strategies for safeguarding Afghan refugees and asylum-seekers.

The UNHCR’s appeal for $620 million to assist Afghan refugees in Pakistan and Iran highlights the critical need for funding to support refugees and halt deportations. A human rights-centered approach toward Afghan women refugees in light of the life-threatening risks they face upon return to Afghanistan would underscore their need for protection by fostering their asylum cases in the host country. Holding Pakistan accountable for its treatment of Afghan refugees is crucial in upholding international standards and emphasizing the consequences of violating refugee rights.

Notes

• MMC Research Report, The Dynamics of Afghan Migration after August 2021, March 2023
• Afghanistan Refugee Crisis Explained, US for UNHCR the Refugee Agency, July 29, 2024 https://www.unrefugees.org/news/afghanistan-refugee-crisis-explained/
• Unknown, 1.7 million Afghans face deportation from Pakistan, International Rescue Committee, November 8, 2023
• Unknown, “Pakistan: Halt mass detentions and deportations of Afghan refugees,” Amnesty International, November 10, 2023
• Unknown, سازمان ملل: پاکستان یک راه کار جامع ثبت نام برای مهاحران بدون مدرک را به جای اخراج ایجاد کند, Hasht-e Subh Daily, November 2, 2023
• Megan Fahrney, Why Pakistan Is Deporting Afghan Migrants, Council on Foreign Relations, December 15, 2023 https://www.cfr.org/in-brief/why-pakistan-deporting-afghan-migrants
• Somaiyah Hafeez, Afghan Refugees Born in Pakistan Are Leaving Their Lives for the Unknown, New Lines Magazine, November 24, 2023 https://newlinesmag.com/spotlight/afghan-refugees-born-in-pakistan-are-leaving-their-lives-for-the-unknown/
• Unknown, Pakistan: Widespread Abuses Force Afghans to Leave/Surge in Expulsions, Deportations Creates Humanitarian Crisis, Human Rights Watch, November 10, 2023 https://www.hrw.org/news/2023/11/28/pakistan-widespread-abuses-force-afghans-leave
• Unknown, دلایل پاکستان برای اخراج مهاجران غیرقانونی أفغان, The Islamic Republic News Agency (IRNA), November 5, 2023 https://www.irna.ir/news/85280383/دلایل-پاکستان-برای-اخراج-مهاجران-غیرقانونی-افغان
• Unknown, BBC Persian, چرا پاکستان تصمیم گرفت پنهاجویان افغان را اخراج کند؟, October 31, 2023 https://www.bbc.com/persian/afghanistan-67273023
• Nasiba Hamidy, Bread, Work, Freedom, Capstone project, International Peace Studies
• United Nations High Commission for Refugees, https://www.unhcr.org/about-unhcr/who-we-are/1951-refugee-convention
• United Nations Network on Migration, https://migrationnetwork.un.org/resources/principle-non-refoulement-under-international-human-rights-law
• UNHCR. (1997). “Note on Non-Refoulement (Submitted by the High Commissioner).” UNHCR. https://www.unhcr.org/publications/note-non-refoulement-submitted-high-commissioner
• General Assembly resolution 39/46, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, United Nations Human Rights Office of the High Commissioner, December 10, 1984 https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruel-inhuman-or-degrading
• Fatima Framarz, The UN Requests $620 Million to Support Afghan Refugees in Iran and Pakistan, Kabul Now, April 5, 2024 https://kabulnow.com/2024/04/35279/
• Unknown, پاکستان مرحله ی دوم اخراج مهاجران افغانستان را آغاز میکند, Etilaat Rooz, March 18, 2024 https://www.etilaatroz.com/195126/پاکستان-مرحله-دوم-اخراج-مهاجران-افغان/

[1] Mixed Migration Centre, https://mixedmigration.org/wp-content/uploads/2023/03/266_Changing-Dynamics-Afghan-Migration.pdf

[2] UNHCR, Afghanistan Refugee Crisis Explained, July 29, 2024 

[3] Hasht-e Subh Daily, https://8am.media/fa/un-pakistan-to-establish-a-comprehensive-registration-system-for-undocumented-migrants-instead-of-deportation/

[4] Council on Foreign Relations, https://www.cfr.org/in-brief/why-pakistan-deporting-afghan-migrant

[5] Council on Foreign Relations, https://www.cfr.org/in-brief/why-pakistan-deporting-afghan-migrants

[6] BBC Persian, https://www.bbc.com/persian/afghanistan-67273023 

[7] New Lines Magazine, Afghan Refugees Born in Pakistan Are Leaving their Lives for the Unknown

[8] Human Rights Watch, Widespread Abuses Force Afghans to Leave/Surge in Expulsions, Deportations Creates Humanitarian Crisis

[9] Amnesty International, Pakistan: Halt mass detentions and deportations of Afghan refugees

[10] Ibid

[11] My Capstone “Bread, Work, Freedom,” International Peace Studies, MGA, 24

[12] Source my project for my capstone (Bread, Work, Freedom)

[13] Hasht-e Sub Daily, https://8am.media/fa/un-pakistan-to-establish-a-comprehensive-registration-system-for-undocumented-migrants-instead-of-deportation/

[14] Council on Foreign Relations, https://www.cfr.org/in-brief/why-pakistan-deporting-afghan-migrants

[15] United Nations Human Rights Office of the High Commissioner, General Assembly resolution 39/46, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, December 10, 1984

[16] United Nations Network on Migration, The Principles of non-refoulement under international human rights law “Under international human rights law, the principle of non-refoulement guarantees that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm. This principle applies to all migrants at all times, irrespective of migration status.”

[17] UNHCR, “Note on Non-Refoulement (Submitted by the High Commissioner) EC/SCP/2”

[18] Etilaat Rooz, https://www.etilaatroz.com/195126/پاکستان-مرحله-دوم-اخراج-مهاجران-افغان/

[19] UNHCR The UN Refugee Agency, https://www.unhcr.org/media/convention-and-protocol-relating-status-refugees

[20] Kabul Now, https://kabulnow.com/2024/04/35279/

September 17, 2024