Pakistan’s Deportation of Afghan Refugees: HRCP Report Highlights Flaws in Citizenship Laws
Lahore, Pakistan – The Human Rights Commission of Pakistan (HRCP) has released a report criticizing Pakistan’s deportation of Afghan refugees, many of whom were born in Pakistan or have valid ID proofs. The report highlights severe flaws in Pakistan’s citizenship laws, arguing that both the Foreigners Act 1946 and Pakistan Citizenship Act 1951 need to be revised to comply with international legal obligations and the customary law of refoulement of refugees.
The HRCP report, titled Who Belongs: The Foreigners Act 1946 and Pakistan Citizenship Act 1951, points out that the flawed definition of ‘foreigner’ in the Pakistani constitution has allowed the persecution of refugees. The Pakistan Citizenship Act 1951 grants the right to nationality to anyone born in Pakistan, but this provision has not been applied correctly in the deportation process of refugees.
According to the report, Pakistan’s legal framework recognizes only two categories of individuals: citizens and foreign nationals. It lacks adequate legal protection for refugees, despite Pakistan being one of the largest hosts of Afghan refugees for almost half a century. The report also notes that the laws predate the formation of the Constitution of Pakistan in 1973 and several international human rights commitments, making them insufficient in guaranteeing fundamental rights.
The HRCP calls for the development of oversight mechanisms to prevent arbitrary use of powers against non-citizens, especially refugees, asylum seekers, and stateless persons. The report suggests that administrative stakeholders in Pakistan must uphold the principle of non-refoulement and the prohibition of collective expulsion by developing appropriate mechanisms and allocating resources for individual assessments of protection needs.
Doubts Revealed
HRCP -: HRCP stands for Human Rights Commission of Pakistan. It is an organization that works to protect and promote human rights in Pakistan.
Afghan refugees -: Afghan refugees are people from Afghanistan who have left their country to escape war or persecution and are living in another country, like Pakistan.
deportation -: Deportation means sending someone back to their own country. In this case, it refers to Pakistan sending Afghan refugees back to Afghanistan.
Foreigners Act 1946 -: The Foreigners Act 1946 is a law in Pakistan that deals with the entry, stay, and exit of people who are not citizens of Pakistan.
Pakistan Citizenship Act 1951 -: The Pakistan Citizenship Act 1951 is a law that defines who can be a citizen of Pakistan and the rules for getting citizenship.
stateless individuals -: Stateless individuals are people who do not have citizenship in any country. This means they don’t have the legal rights that come with being a citizen.
international obligations -: International obligations are rules and agreements that countries follow to ensure fair treatment of people, like refugees, based on international laws.
arbitrary actions -: Arbitrary actions are decisions made without any fair reason or proper rules. In this context, it means treating refugees unfairly without following proper laws.
