Repatriation of Afghan Refugees from Pakistan: A Legal Analysis

Dr. Ahmad Khalid Hatam

Volume 1 Issue 2 | Dec 2018

DOI: 10.31841/KJSSH.2021.17

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Abstract

Refugee situations do not last forever. Therefore, international protection provided to refugees fleeing persecution ceases with restoration of national protection through voluntary repatriation, local settlement, or resettlement. However, repatriation not only needs to be voluntary, it must be conducted orderly, in safety and with dignity. Among other things, voluntary repatriation requires an overall general improvement in the situation of the country of origin. Since the Afghan government is planning to welcome refugees from all parts of the world, especially Pakistan, it is essential to evaluate if the return fulfills the criterion laid down by the international refugee law. This paper elaborates the criterion for conducting voluntary repatriation and then argues through evidence of the prevalent situation in Afghanistan that prerequisites for voluntary repatriation are not met and therefore the government of Pakistan, Government of Afghanistan and UNHCR need to work on eliminating the root causes of refuge in the first place and then encourage repatriation. Only then, it will be a lasting and sustainable solution to the problem of Afghan refugees. It also presents recommendations to the government of Afghanistan and UNHCR on how to proceed with repatriation.