The Plight of Afghan Return Migrants from Pakistan

by: Hideyat Siddiqi | BILIM Organization for Research and Social Studies

While strategists, policymakers, and scholars around the world are overwhelmingly concerned about the humanitarian crisis in the Middle East (Israel-Gaza war) and the war in Ukraine, Afghan refugees have once again become a top agenda item for the foreign policies of Pakistan and Afghanistan. Home to the second-largest population of Afghan refugees worldwide (over 4.4 million), Pakistan ordered an ultimatum for forced deportation of 1.7 million undocumented Afghan refugees on November 1, 2023.

Enforced Return: Pakistan’s Tougher Stance on Afghan Refugees

As the ultimatum passed (November 1, 2023), the government initiated a crackdown that subjected Afghan refugees to arbitrary detention, harassment, extortion, demolished homes, beating, and forced deportation . Amidst an unparalleled humanitarian crisis, Afghan refugees are encountering another challenging phase in their five-decade-long history of seeking asylum in Pakistan.

The interim Afghan government's response to Pakistan's deportation of Afghan asylum seekers has demonstrated a resolute and uncompromising position. Acting Minister of Defense, Mullah Mohammad Yaqoob, unequivocally criticized Pakistan's decision to forcibly repatriate Afghan refugees, denouncing it as "unjust" and "violent". Prime Minister Mullah Mohammad Hassan Akhund issued a strong appeal to the Pakistani government, urging them to cease the undignified practice of forcibly deporting Afghan asylum seekers. Moreover, the Prime Minister sternly cautioned Pakistani officials, questioning their authority to forcibly enter the homes of Afghan asylum seekers, as well as their right to seize refugees' assets.

In response to the significant surge of deportations from Pakistan, with an estimated daily arrival of approximately 9,000 to 16,000 individuals, the interim Afghan government has instituted a High-Level Commission. This Commission, under the stewardship of Acting Deputy Prime Minister for Political Affairs, Mullah Abdul Salam Hanafi, is entrusted with the task of addressing the multifaceted challenges encountered by returnees within the country. The Ministry of Refugee and Repatriation has established two temporary refugee camps, each with a capacity to accommodate 5,000 individuals . Moreover, returnees receive essential food items, such as 100 kilograms of flour, 10 liters of cooking oil, and a cash allowance of 3,000 Afghanis per head (1 USD = 73.5 AFG).

Historical trajectory of Afghan Return Migration from Pakistan

To gain comprehensive insight into the circumstances of Afghan refugees in Pakistan, it is imperative to conduct a thorough examination of the historical trajectory of Afghan migration to Pakistan, along with an in-depth analysis of Pakistan’s policies and management strategies governing this population.

Although not a signatory to the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees, Pakistan generously hosted over a million Afghans who sought refuge amidst political instability in the 1970s and in the wake of the Soviet invasion of Afghanistan in 1979. As the conflict spread, the population of Afghan refugees surged dramatically, reaching a peak of 3.2 million between 1981 and 1990. Pakistan adhered to an open-door policy throughout the 1980s.

President of Pakistan, General Zia-ul Haq, invoked the term "Muhajirin" (recognised refugees in Islamic law) when referring to Afghans, urging Pakistanis to extend religious compassion towards them. This faith-centric approach to refugee diplomacy was a strategic political choice, aimed at exerting control over the refugee crisis rather than merely managing it, and served both Pakistan's domestic and international interests. On the domestic front, faith-based initiatives sought to garner public support and facilitate the integration of Afghan refugees through shared religious affinity. The terms "Muhajir" and "Ansar" (meaning "the one who helps") were employed within political discourse not only to engender sympathy towards Afghan refugees but also to underscore the religious duty of aiding in their livelihoods and economic opportunities, thereby reinforcing social cohesion and solidarity.

Pakistan’s refugee policy underwent a significant change in the 1990s. Following the collapse of the last communist regime in Kabul in 1992, return became a top agenda of Pakistan’s refugee diplomacy. Jointly with the UNHCR, Pakistan launched an Assisted Voluntary Return program (AVR) which was successful in returning about 1.4 million refugees to Afghanistan within one year. Pakistan's policies regarding Afghan refugees were significantly shaped by its internal socioeconomic circumstances and the broader context of its relationship with Afghanistan. For example, in the wake of a worsening economic situation, Pakistan formally declared that Afghan refugees (including those who had been granted a priori refugee status) in the country were subject to the 1946 Foreign Act and therefore subject to deportation and fines for living in Pakistan without a proper visa and documentation. This situation left nearly three million Afghan refugees in a severe humanitarian crisis. Given the fact that Afghan men were traditionally responsible for physically guarding their families and ensuring their economic well-being, the arbitrary detention and forced deportations of (mostly) men left Afghan households vulnerable to dire security and economic situations.

At the meso-level, statutory provisions encompassing legal and policy frameworks have been subject to influence from both domestic and broader regional political dynamics. For instance, the processes of registration and the determination of legal status and rights for Afghan asylum seekers have often experienced fluctuations and uncertainties in response to shifting political landscapes within the country.

At the micro-level, socio-economic hardship and heightened insecurity due to rising sectarianism and terrorist attacks have emerged as pivotal factors influencing public perceptions of Afghan refugees. The deteriorating security situation in the country, marked by 47,500 casualties between 2003 and 2013, predominantly at the hands of al-Qaeda and its affiliates, including Tehrik-e Taliban Pakistan (TTP), has significantly contributed to shifts in Pakistan's approach towards Afghan refugees. The 2014 attack on the Army Public School in Peshawar by the TTP, resulting in the tragic loss of 145 lives, including 132 children, fundamentally altered both public and state attitudes towards Afghan refugees.

Conclusion

The recent stringent measures imposed upon Afghan refugees have been significantly influenced by the escalating sectarianism and acts of terrorism directed against Pakistan's security forces by the TTP. Pakistan's Army Chief, General Asim Munir, articulated serious apprehensions regarding the safe havens and operational freedom enjoyed by the TTP within Afghanistan.

While the Afghan government bears the sovereign responsibility of determining the fate of returnees within its borders, intergovernmental and international refugee regimes play pivotal roles in formulating enduring solutions to this crisis. The prolonged period of conflict and political turmoil in the country underscores the challenges faced by the state in managing returnee crises. Therefore, the Afghan government urgently requires socioeconomic and institutional assistance from the international community, including international migration regimes.

Contact:

Hideyat Siddiqi | BILIM Organization for Research and Social Studies, Afghanistan | siddiqi.h@bilim.af