Afghan Refugees: Policy Dilemmas and Solutions
Saba Gul Khattak, Nazish Brohi, Saleem Shah, Kiran Habib and Shahbaz Bokhari
saba@sdpi.org
The impending end of the Tripartite Agreement1 provided a timely opportunity for broad based consultations among stakeholders about possible solutions for approximately 3 million Afghans in Pakistan2. In this connection SDPI organized public dialogues to solicit opinions and support an informed debate on future policy options for Afghan refugees in Pakistan. The consultations were held in two tiers: focus group discussions with Afghan and Pakistani groups; recommendations from these meetings were debated at high-level meetings among Pakistani stakeholders. Nearly 200 Afghan and Pakistani civil society representatives participated in the debates held in the federal and provincial capitals3. The following key issues and recommendations emerged from the consultations:
Policy Formulation
Afghan and Pakistani participants voiced their concerns about the ad hoc manner in which policies relating to Afghan refugee matters have been formulated in Pakistan. There were clear gaps between how Pakistani civil society and Afghan refugees themselves view the situation of Afghans in Pakistan and the stances adopted by the Pakistan government. A majority felt that policies are not transparent and are seldom debated in the forums for policy formulation such as provincial or national assembles or at the local government level. Essentially those engaged in policy formulation – the Government, the donors, and UNHCR - are not being held to account by those affected by this process.
There was also little awareness of the Government of Pakistan (GoP) and UNHCR initiatives for refugees; in fact, the negative feedback indicates that both parties need to disseminate more information about the underlying rationale for key decisions.
Legal Status of Refugees
Three main issues emerged from the dialogues: nationality for refugees; refugee status and the tripartite agreement; and the responsibility of the international community.
Pakistan has not signed either the 1951 Refugee Convention or its 1967 Protocol. The legal problems refugees face stem from the absence of any legal documents issued by the GoP. Afghans can be apprehended under the Foreigners Registration Act 1946 which makes them susceptible to police harassment. Participants underscored adherence to international and regional conventions. In the absence of any refugee convention extending to Pakistan and to SARC member states, participants advocated for principles of human rights law.
Some participants suggested that Pakistan grant all refugees civil rights though not necessarily political rights in the short and medium term. They likened it to the US “green card” system and felt that this could be combined with a process of registering all Afghan refugees.
All agreed that the Tripartite Agreement must be reviewed, revised and extended through open debate within the countries concerned. The declining flow of international aid as well as the push to return is perceived as selfish on the part of the international community.
Repatriation
While opinion was divided over where the refugee population should reside and work, there was consensus across the board that there should be no coercive repatriation.
The immediate barriers to repatriation were identified as lack of livelihood options, the presence of foreign forces and regional power politics, the lack of skills for survival, lack of personal security and social services inside Afghanistan. The systemic barriers to repatriation related to the harsh climatic conditions inside Afghanistan and the inability of second and third generation Afghans to adjust to Afghan culture and homeland conditions.
Continued stay
Diverse sets of opinions emerged with regard to the continued stay of Afghans in Pakistan. Several modalities were presented at different consultations about the extended stay of the Afghans.
Many Pakistani participants opposed the extended stay of Afghan refugees in Pakistan due to meager national resources. They blamed Afghans for keeping labor wage depressed and exacerbating pressures upon the fragile social sectors. They proposed that the international community, in particular the USA, as it had fuelled the so-called Afghan Jihad and led the recent Allied bombing of Afghanistan, should continue to shoulder responsibility for Afghan refugees and provide the option of resettlement to Afghans. Addressing the justification advanced during the 1980s that Afghans are in Pakistan due to their Muslim identity, participants pointed out that oil rich Muslim countries are better placed to absorb refugees compared to Pakistan.
In contrast to the above, some Pakistani participants suggested that according to citizenship laws and international practice Afghans were eligible to be citizens after seven years of stay in Pakistan, while others said that the children born on Pakistani soil should be entitled to citizenship.
Political parties were concerned and divided over the issue of citizenship and voting rights. Representatives from areas with a concentration of Afghan refugees (especially in the NWFP) believed that they should have the political mandate for the refugee population who consume local/provincial resources in a de facto manner. Other political parties, especially from Balochistan, argued for their speedy return to prevent new voting patterns from influencing local electoral politics.
Arguing for extended stay and even citizenship, Afghans justified their demand on economic and legal grounds. Afghans displayed bitterness over the discrimination they faced in the wage market and in the country in general. They argued that their presence would not be a burden upon the Pakistan government if the well-off Afghans would contribute to a fund for the vulnerable Afghan groups, notably widows and children and pay taxes to the Pakistan government.
Political Initiatives
A majority of participants emphasized a political solution with humanitarian principles for what they termed a political crisis arising out of interference in Afghans affairs by neighboring countries as well as western powers. The strained political relations between Pakistan and Afghanistan were also debated. The primary emphasis remained on democratically evolved consensus and out-come-oriented dialogues.
Trade and Investment
The business community emphasized the importance of trade with Afghanistan as well as the export of skilled Pakistani labor to Afghanistan. Political parties were supportive of this approach and some advocated for soft borders. Government representatives expressed concern about the lukewarm response of the Afghan government toward trade and investment with Pakistan. Afghan refugees explained that their unclear legal status and unpredictable GoP stances prevent them from making secure long-term investments in Pakistan.
The promotion of business and trade with Afghanistan is recommended not only for enhancing productive activities but also for generating goodwill and strengthening good relations and peace in the region.
Recommendations
While specific recommendations are grouped, the overall issue of attitudes and the political will to improve relations is raised upfront. Until Pakistanis and Afghans – especially at the official level - devise ways of being more amiable toward each other, tensions and misperceptions between the two communities are unlikely to ease.
Debate on Public Policy
- Channels for open debate and discussion about policies and frameworks related to Afghan refugees need to be increased. Independent civil society organizations, whether through institutional advocacy initiatives or mass media, must raise the level of debate by drawing on the views of a wide cross section of stakeholders.
- The government and the international community should systematically communicate their stances through simple and practical steps such as putting such information on their website, in newsletters or annual reports that outline programmatic priorities, holding meetings with stakeholders when changes are being proposed and devised. Other steps can include regular interaction with the print and electronic media for conveying changed stances as well as using these channels to highlight the complexity and differences in views among stakeholders, including the government, the international community, the refugee and host communities.
Political Solutions:
- Repatriation can be feasible if the Afghan people evolve their own government and governance structures rather than internationally (read: US) sponsored formulas.
- Foreign interference and assistance to armed groups inside Afghanistan needs to stop. This implies a fundamental change in regional politics.
- Pakistan’s policy towards Afghanistan and refugee hosting policy should be formulated through a transparent national debate in the different provincial and national assemblies rather than remain the sole prerogative of the foreign ministry and the military.
- The GoP should take into account ground realities of Afghans in Pakistan as its stances affects them directly. Afghan voices must be reflected in the formulation of any new approach toward refugees.
- Pakistan and Afghanistan must settle the Durand Line issue. The Durand Line should be formally declared a soft border (which it is for all practical purposes) and the flow of people and goods should be free, without hindrance.
Socio-Political Solutions:
- Consistent policies to promote tolerance rather than xenophobia in Pakistan and Afghanistan need to be devised if Afghans and Pakistanis are to coexist harmoniously.
Legal Measures:
- Pakistan must adopt a refugee policy informed by legal principles outlined in international refugee conventions.
- The Tripartite Agreement must be reviewed and revised. The Agreement should be presented and debated in the National Parliament. The GoP should renew it only after the National Assembly has approved it in its revised form.
- Legal measures for Afghan refugees should provide the options of repatriation and extension of stay under more predictable circumstances.
- All refugees must be provided with identification papers on a methodical and efficient basis, valid for a limited time period. Upon expiry the owner may reapply for extended stay/permanent residence and undertake to pay national taxes. The GoP and the UNHCR may take responsibility for this step. This would ensure protection from possible police harassment due to the ambiguous legal status of refugees. The identification papers will make refugees eligible for civic rights but not political rights. This will prevent the political demography of Pakistan from being changed in the immediate and medium term.
- During the process of issuing identification papers Afghans may be classified into categories such as workers, businesspersons, vulnerable widows and orphans, refugees, dependents, students and so on.
- The GoP may consider providing citizenship rights to second and third generation Afghans. The issue of citizenship will remain thorny; however, eventually, citizenship would have to be provided especially to the fourth and fifth generation children.
Legal Measures for Women and Children
- Afghans are potentially subject to four sets of laws: sharia (Islamic) law, pukhtunwali/rasm (customary law), Afghan law, and Pakistani law. Only one code of law, formal civil law, should apply to all, whether Afghan or Pakistani. Women usually suffer more compared to men as the most conservative interpretations of laws are applied to them, especially with regard to marriage.
- Women and children’s vulnerability to increased domestic violence, trafficking and the sex work resulting from lack of livelihood opportunities must be addressed at the state as well as local government and civil society organizations. In addition, children’s schooling is often neglected because they are required to work and earn for the family.
- Community based organizations must actively work for putting child workers into schools and conduct campaigns against negative customs and the dangers of trafficking and sex work.
Social Sectors: Equality of Opportunity and Access
Refugees’ access to healthcare, education, clean water, sanitation and employment opportunities should be equal, meaning that they should be able to access public sector services across the board. This would imply greater financial and human investments due to pressures on these sectors. Some of these concerns can be addressed in the following ways:
- Allow Afghan qualified professionals to practice in Pakistan by establishing a professional registration process and instituting criteria for equivalence of degrees. This would enable Afghan doctors, nurses and technicians as well as teachers and other professionals such as engineers and lawyers to add to local capacities in the social sectors.
- Include the teaching of Persian and Pushto as optional subjects in schools located in refugee hosting communities. This would ensure that those Afghans who wish to return would be able to reintegrate back into their country of origin. It would also provide employment opportunities to Afghan teachers and allay Afghan fears of loss of identity and complete absorption into Pakistan. At the same time, the syllabus will continue to be what is being taught in Pakistani institutions and not the syllabus of Afghan schools.
- The Afghan government would also need to establish equivalence criteria for children and young adults returning to the Afghan educational system. It is feared that a parallel system of education (one for Afghans and another for Pakistanis) would be both impractical and infeasible aside from leading to ghettoization of Afghan schools.
- The Pakistan government may encourage greater investments in these two sectors through the public private partnerships currently being pursued.
- Multi- and bilateral donor organizations could contribute to the establishment of a fund that may be channeled into running the existing Basic Health Units as well as the District Headquarter Hospitals.
- The increased investments may be channeled through government line departments and local government officials. Both the administrators and the elected representatives would have to be actively involved in the process of targeted planning, designing and implementation.
- Devise a system of health cards to keep track of disease and to ensure that proper treatment continues no matter where the patient may shift could effectively keep track of and control of public health hazards.
- Children, particularly those vulnerable to disease and illness, should be protected through special measures.
- Mass campaigns about public awareness of education, health and sanitation issues may be proactively taken.
- Equality of opportunity and access, especially for the poorest of the poor, must be assured for all.
- Specific arrangements for child workers to attend school should be given priority.
Business and Trade:
- Business and trade with Afghanistan needs to be enhanced at a faster pace than the present as officially recognized bilateral trade, and Afghanistan as a transit route for increased trade with the Central Asian Republics, would enhance Pakistan’s exports.
- Investing in Afghanistan would be to Pakistan and Pakistanis’ advantage as it would give them an added incentive for ensuring peace in Afghanistan and thereby the process of repatriation.
- Afghan investment and business must be encouraged along with bringing Afghans into the tax net. This would lead to greater trust and increased ties.
- Legal status through the provision of work permits or identification papers, implementation of equal and minimum wage and age laws would ensure uniform treatment of Afghan and Pakistani labor and raise wage levels. Such steps would generate goodwill and thereby ensure that Pakistani labor in Afghanistan also access a greater share of the labor market inside Afghanistan.
Role of the International Community:
- The international community should continue to shoulder responsibility for providing economic aid and moral support to the Afghan refugees instead of pleading donor fatigue and decreasing support.
The international community must play its due role inside Afghanistan.
1. According to the Tripartite Agreement, signed between the UNHCR, Pakistan and Afghanistan, all Afghan refugees were to repatriate in three years, by March 2006. The Agreement has been extended till December 2006 and is expected to be renewed for three more years, till 2009.
2. These consultations were conducted in 2005 with the support of the UNHCR and a final report assimilated in 2006.
3. Journalists, trade and business associations, NGO workers and human rights activists, educationists, doctors, engineers, political party representatives, local bodies and retired government officials participated in the discussions.
