Pakistan is one of the world’s largest refugee-hosting countries, with the majority of refugees coming from Afghanistan. The country has not implemented a national asylum system and it is not a party to the UN Refugee Convention. There have been numerous reports of refugees being arrested during raids, arbitrarily detained, and summarily deported. In 2023, […]
Afghan Refugees Ordered to Leave Pakistan, or Face Deportation
Amidst a crackdown against undocumented Afghans residing in the country, Pakistan’s authorities have ordered all undocumented Afghans to leave by 1 November or face deportation. In recent weeks, hundreds of refugees have been arrested and detained on the grounds that they do not have adequate paperwork. According to reports, at least four refugees have died […]
Pakistan: Covid-19 and detention
There are reports indicating that Pakistani authorities have taken some steps to mitigate the impact of the virus on the country’s prison population, which includes non-citizen detainees imprisoned under the 1946 Foreigners Act. The government has suspended visits to penitentiaries and court hearings. On 16 March, the Sindh provincial government began screening inmates and prison […]
Last updated: June 2024
Pakistan is one of the world’s largest refugee-hosting countries, with the majority of refugees coming from Afghanistan. The country has not implemented a national asylum system and it is not a party to the UN Refugee Convention. There have been numerous reports of refugees being arrested during raids, arbitrarily detained, and summarily deported. In 2023, the Ministry of Interior implemented a new “Illegal Foreigners' Repatriation Plan," which led to a sharp increase in the numbers of people detained and deported from the country.
In response to this mass crackdown on undocmented foriengers in the country, UNHCR and the IOM began systematically documenting and reporting arrest and detention data in Pakistan, published in UNHCR-IOM Flash Updates. Below we provide excerpts from the 7 June 2024 Flash Update.
UNHCR-IOM FLASH UPDATE #21
INTRODUCTION
In response to the Ministry of Interior's (MoI) decision of 26 September 2023 to enact an “Illegal Foreigners' Repatriation Plan”, UNHCR, the UN Refugee Agency and IOM, the UN Migration Agency, have collated their data on the arrest, detention, and deportation of Proof of Registration (PoR) holders, Afghan Citizen Card (ACC) holders, and undocumented Afghan nationals as well as on the outflows of Afghan nationals at the Torkham and Chaman border crossing points, to better understand the protection environment and movements of Afghan nationals returning to Afghanistan from Pakistan.
While the Government of Pakistan has yet to halt the “IFRP”, the rate of arrest, detention, deportation, and returns has decreased significantly since its peak in October and November 2023. Furthermore, on 26 April 2024, the Ministry of States and Frontier Regions (SAFRON) issued a notification that the validity of the POR card has been extended until 30 June 2024.
KEY FINDINGS AND LIMITATIONS
It is important to note that prior to 2023, there was no data collected on the arrest and detention of ACC holders or undocumented Afghan nationals. Since January 2023, IOM has started to collect this data, which should be considered indicative at this point. The figures, particularly of undocumented Afghan nationals, should be considered underreported.
The period from 19 May to 1 June 2024 saw the overall reported rate of arrest and detention increase by 39 per cent, compared to the period from 5 to 18 May 2024.
From 19 May to 1 June 2024, ACC holders and undocumented Afghans represented 92 per cent of the total rate of arrests and detentions.
Since the start of October 2023, the overall reported rate of arrest and detention remains highest for the province of Balochistan. During the period from 19 May to 1 June 2024, approximately 85 per cent of the reported arrests and detentions occurred in Balochistan.
Across Pakistan, the top three districts for arrest and detention between 1 January and 1 June 2024 are Chagai (Balochistan), Pishin (Balochistan), and Karachi (Sindh).
KEY FINDINGS
- During the last two weeks, UNHCR and IOM’s Displacement Tracking Matrix (DTM) estimate 21,031 Afghans returned through the Torkham, Ghulam Khan (located in Khyber Pakhtunkhwa), Chaman, Badini and Bahramcha (located in Balochistan) border crossing points to Afghanistan.
- Cumulatively, from 15 September 2023 to 1 June 2024, 610,751 individuals have returned.
- The number of returns in the last two weeks (19 May - 1 June; 21,031) increased by 43 per cent compared to returns in the two weeks prior to that (5 May - 18 May; 14,692). The number of returns during this reporting period has seen an increase compared to the previous report and continues to surpass the weekly return figures recorded since January 2024.
- Most of the returnees were undocumented Afghans (89%), followed by PoR holders (9%) and ACC holders (2%). Majority of the POR returns are facilitated by UNHCR.
- Vulnerable persons including chronically ill people, elderly individuals, persons with disabilities, and others account for 3 per cent of the population.
- Fear of arrest (89%) remains the most common reason to return to Afghanistan among undocumented/ACC holders while PoR holders cite social economic challenges.
- Returnees were most likely to return from Quetta (20%) and Peshawar (17%) in Pakistan and intend to go to Nangarhar (25%), Kandahar (23%) and Kabul (17%) in Afghanistan.
For more information:
DETENTION STATISTICS
DETAINEE DATA
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
SOCIO-ECONOMIC DATA & POLLS
Net Official Development Assistance (ODA) (in Millions USD)
3,611.9
2014
LEGAL & REGULATORY FRAMEWORK
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
GROUNDS FOR DETENTION
LENGTH OF DETENTION
DETENTION INSTITUTIONS
Custodial Authorities
Agency
Ministry
Typology
Year
PROCEDURAL STANDARDS & SAFEGUARDS
COSTS & OUTSOURCING
COVID-19 DATA
TRANSPARENCY
MONITORING
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOS)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratification Year
Observation Date
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2010
2010
Ratio of relevant international treaties ratified
Ratio: 8/19
Relevant Recommendations or Observations Issued by Treaty Bodies
Treaty Body
Human Rights Committee
Recommendation Year
2024
Recommendation Excerpt
37. Treatment of aliens, including migrants, refugees and asylum-seekers
.....The State party should also ensure that immigration detention is used only as a measure of last resort and in the most restrictive manner, increase the use of alternatives to detention that are respectful of human rights, and ensure that those in detention have access to legal aid services and language interpretation and that their living conditions and treatment are in conformity with international standards.....
.....The State party should also ensure that immigration detention is used only as a measure of last resort and in the most restrictive manner, increase the use of alternatives to detention that are respectful of human rights, and ensure that those in detention have access to legal aid services and language interpretation and that their living conditions and treatment are in conformity with international standards.....
Sources
Human Rights Committee, "Concluding observations on the seventh periodic report of Ecuador", 05 November 2024, United Nations General Assembly, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=8&DocTypeID=5
Treaty Body
Committee on the Elimination of Racial Discrimination
Recommendation Year
2024
Recommendation Excerpt
32. (b) Take measures to mitigate the risk of trafficking in and exploitation of unaccompanied or separated children;
(c) Implement and enforce strict guidelines for law enforcement agencies to prevent harassment, intimidation and excessive use of force against Afghan migrants, refugees and asylum-seekers;
(d) Establish safe and accessible channels by which migrants, refugees and asylum-seekers can report harassment, intimidation and excessive use of force without fear of reprisal;
(e) Ensure that the detention of non-citizens complies with international human rights standards and is used only as a last resort;
(c) Implement and enforce strict guidelines for law enforcement agencies to prevent harassment, intimidation and excessive use of force against Afghan migrants, refugees and asylum-seekers;
(d) Establish safe and accessible channels by which migrants, refugees and asylum-seekers can report harassment, intimidation and excessive use of force without fear of reprisal;
(e) Ensure that the detention of non-citizens complies with international human rights standards and is used only as a last resort;
Sources
Committee on the Elimination of Racial Discrimination, "Concluding observations on the combined twenty-fourth to
twenty-sixth periodic reports of Pakistan", 19 August 2024, United Nations General Assembly, (paragraph 32), https://uhri.ohchr.org/en/document/f00d992c-950a-4c09-a804-5774b82cce55
Treaty Body
Committee on Economic, Social and Cultural Rights
Recommendation Year
2017
Recommendation Excerpt
25. the Committee concernes about well-documented reports of police abuse, including beatings, seizures of proof of residence cards, demands of bribery, threats of deportation and arbitrary detention, against Afghan refugees (art. 2). 26. The Committee recommends that the State party ensure that all registered Afghan refugees are allowed to stay in the country until it is safe for them to return or resettle in another country.
Sources
Committee on Economic, Social and Cultural Rights, "Concluding observations on the initial report of Pakistan", United Nations General Assembly, 13 June 2017, https://uhri.ohchr.org/en/document/31508091-847e-44cd-8f47-7d06dde37af3
Treaty Body
Committee on the Rights of the Child
Recommendation Year
2016
Recommendation Excerpt
§ 66. "The Committee recommends that the State party take all necessary measures to:
(a) Consider adopting a national refugee law in accordance with international standards and continue to host refugees, especially families with children and unaccompanied children;
(b) Ensure that all children born to refugees, including those who do not hold proof of registration cards, asylum seekers and stateless persons, are registered at birth;
(c) Integrate refugee and asylum-seeking children into national and provincial education systems on equal terms with nationals of the State party;
(d) Provide refugees, in particular families with children, with adequate housing and provide shelter to those who live in the streets;
(e) Enforce legal measures against child and bonded labour involving refugee, asylum-seeking and stateless children;
(f) Prevent and protect refugee, asylum-seeking and stateless children from falling victim to early marriage, abuse, trafficking or religious radicalization;
(g) Ensure the equal implementation of its citizenship laws with a view to extending citizenship to Bengali, Bihari and Rohingya children;
(h) Consider ratifying the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, as well as the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness."
(a) Consider adopting a national refugee law in accordance with international standards and continue to host refugees, especially families with children and unaccompanied children;
(b) Ensure that all children born to refugees, including those who do not hold proof of registration cards, asylum seekers and stateless persons, are registered at birth;
(c) Integrate refugee and asylum-seeking children into national and provincial education systems on equal terms with nationals of the State party;
(d) Provide refugees, in particular families with children, with adequate housing and provide shelter to those who live in the streets;
(e) Enforce legal measures against child and bonded labour involving refugee, asylum-seeking and stateless children;
(f) Prevent and protect refugee, asylum-seeking and stateless children from falling victim to early marriage, abuse, trafficking or religious radicalization;
(g) Ensure the equal implementation of its citizenship laws with a view to extending citizenship to Bengali, Bihari and Rohingya children;
(h) Consider ratifying the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, as well as the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness."
Sources
Committee on the Rights of the Child, "Concluding Observations on the Fifth Periodic Report of Pakistan," CRC/C/PAK/CO/5, 11 July 2016, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fPAK%2fCO%2f5&Lang=en
Treaty Body
Committee against Torture
Recommendation Year
2017
Recommendation Excerpt
34.While commending the State party for hosting millions of refugees, many of them Afghans, the Committee is concerned about recent documented reports of coercion, including threats of deportation and police abuse, extortion, raids and arbitrary detention, to return Afghans, including registered refugees, to their country of origin where they could be at risk of persecution, torture or ill-treatment. The Committee regrets the lack of a legal framework for refugees and asylum seekers (art. 3).
Sources
Committee Against Torture, "Concluding observations of the Committee against Torture on the initial report of Pakistan," CAT/C/PAK/CO/1, 1 June 2017, https://uhri.ohchr.org/en/document/a78d3f49-640b-4514-9506-a6c817a55a2e
> UN Special Procedures
> UN Universal Periodic Review
Relevant Recommendations or Observations from the UN Universal Periodic Review
Recommendation Issued
No
Year Issued
2023
UPR Cycle
4th
Sources
Human Rights Council, "Report of the Working Group on the Universal Periodic Review* Pakistan", 01 February 2023, United Nations General Assembly, https://documents.un.org/doc/undoc/gen/g23/036/54/pdf/g2303654.pdf
Recommendation Issued
No
Year Issued
2008
Sources
Report of the Working Group on the Universal Periodic Review Pakistan, A/HRC/8/42, 4 June 2008, https://www.upr-info.org/sites/default/files/document/pakistan/session_2_-_may_2008/ahrc842pakistane.pdf
Recommendation Issued
No
Year Issued
2012
Sources
Report of the Working Group on the Universal Periodic Review Pakistan, A/HRC/22/12, 26 December 2012, https://www.upr-info.org/sites/default/files/document/pakistan/session_14_-_october_2012/ahrc2212pakistane.pdf
REGIONAL HUMAN RIGHTS MECHANISMS
HEALTH CARE PROVISION
COVID-19
Country Updates
There are reports indicating that Pakistani authorities have taken some steps to mitigate the impact of the virus on the country’s prison population, which includes non-citizen detainees imprisoned under the 1946 Foreigners Act. The government has suspended visits to penitentiaries and court hearings. On 16 March, the Sindh provincial government began screening inmates and prison staff for Covid-19, while the Punjab government announced that it was creating isolation centres for prisoners.
However, critical concerns remain and there is increasing pressure to implement additional measures as the crisis becomes more acute. On 19 March, Human Rights Watch amplified calls to protect prisoners, urging the country’s authorities to take urgent steps to ensure that prisoners and detainees have access to adequate medical care and protective measures against Covid-19. Amnesty International and Justice Project Pakistan also urged authorities to take measures to protect prisoners. The Justice Project Pakistan urged the government to “devise a coherent approach to protecting its prison population, currently at over 77,000 individuals. Should the government fail to act now, Pakistani prisons and detention centres will become epicentres for the transmission of Covid-19.”
On 24 March 2020, the first case of Covid-19 within a prison was confirmed. On the same day, the Islamabad High Court ordered the release of hundreds of prisoners involved in petty crimes on bail, in a bid to reduce the hazards of the Covid-19 outbreak in jails. Since then, several provincial governments have ordered the release of prisoners: on 28 March, the Punjab government’s Home Department announced that it would be releasing 20,000 prisoners out of 46,000 from the 41 jails across the province (and bail applications have been made for prisoners who committed petty crimes and for those over the age of 60); and on 30 March, the Sindh government approved the temporary release for three months of around 4,000 prisoners. (Government officials hinted that drug smugglers and those convicted of terrorism may not be released. Prisoners convicted of “minor” crimes would be eligible for temporary release. It was reported that there were around 16,024 prisoners for 13,538 places in all prisons across the Sindh). The Khyber-Pakhtunkhwa also announced that they would release prisoners 60 days early.
Government Agencies
Ministry of Human Rights: http://www.mohr.gov.pk/
Ministry of Law and Justice:https://molaw.gov.pk/index
International Organisations
UNHCR Pakistan: http://unhcrpk.org/
IOM Pakistan: https://www.iom.int/pakistan
NGO & Research Institutions
Refugee Rights Network Pakistan: https://sharp-pakistan.org/about-us/networks-and-alliances/rrn-pakistan/
Pakistan International Human Rights Organization (PIHRO): http://pihro.org/
