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KEYWORDS: UNHRC, Immigrants, Deportation Plan, Voluntary and Dignified, Detained

 At a press briefing, the UN Refugee Agency (UNHCR) voiced concerns regarding Pakistan’s instructions for unregistered immigrants to leave the country, claiming that the directive has created anxiety and terror among Afghan communities. Philippa Candler, the UNHCR representative in Pakistan, mentioned negative outcomes for Afghan citizens, including those who are officially registered as refugees and those who possess legitimate documentation.

Since the deportation plan was published on October 3, the UNHCR has observed an increase in the number of Afghans being arrested, detained, and deported from Pakistan. An estimated 374,000 people, according to the CIA, have returned to Afghanistan. It further says that even among registered Afghan refugees, a sense of terror has been sparked by the deportation order and the government’s subsequent actions.

We have been emphasizing our message that all returns to Afghanistan should be voluntary, safe, and dignified, regardless of one’s legal status in Pakistan, the UNCHR stated in light of the circumstances. The organization offered assistance in setting up a system that satisfies the valid concerns of the Government of Pakistan and Afghans needing safety on its territory and asked the Pakistani government to put in place a screening mechanism to identify people needing international support.

In light of Pakistan’s deportation order, a number of human rights organizations additionally expressed concerns about the possibility of human rights violations for Afghan nationals and have urged the Pakistani government to stop detaining, deporting, and harassing these refugees. Amnesty International claims that the rights of detainees to a fair trial, liberty, and legal counsel are not upheld in the deportation centers established by the Pakistani government.

Regardless of their legal status, nations are required by international human rights law and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT) to refrain from sending back migrants to any state where they would be subjected to torture, cruel, inhuman, or degrading treatment or punishment, or suffer other irreversible harm.

Due to lengthy resettlement procedures and outdated papers, a large number of Afghans who were urged to apply for resettlement programs in the US, UK, Canada, and Germany are now at risk of being detained and deported. Human Rights Watch’s associate Asia director, Patricia Gossman, urged these nations to take action, stating that they should honor their commitments to resettle at-risk Afghans overseas.

REFERENCES:

https://www.jurist.org/news/2023/11/unhcr-concerned-over-consequences-of-pakistan-deportation-orders-for-afghan-nationals/

https://www.reuters.com/world/asia-pacific/un-agency-urges-pakistan-halt-expelling-afghans-during-winter-2023-11-22/

https://www.ohchr.org/en/press-briefing-notes/2023/10/afghan-nationals-risk-deportation-pakistan

https://timesofindia.indiatimes.com/world/pakistan/mass-return-of-afghan-refugees-from-pakistan-worsens-humanitarian-crisis-unhcr/articleshow/105316224.cms?from=mdr

NAME: HARMANNAT KOUR, COLLEGE: THE LAW SCHOOL, UNIVERSITY OF JAMMU, CLASS: 3RD SEMESTER INTERNING AT LEGAL VIDHIYA

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