Repatriation of Afghan Refugees from Pakistan: A Legal Analysis

Abstract

Voluntary repatriation is the most preferred solution to refuge situations; however, for a repatriation to be permanent, pull factors in the country of origin need to be more profound than push factors in the host country. Such pull factors should force the refugees decide to return ‘voluntarily’, in ‘safety’ and ‘dignity’. Among other things, voluntary repatriation requires an overall general improvement in the situation of the country of origin. This paper examines the return of Afghan refugees from Pakistan and finds out that the situation in Afghanistan has not improved to warrant return of millions of refugees. This is alarming; as it also appears that, the decision of refugees to return is not voluntary, Instead, they are treated as political instrument and are forced to return for becoming an economic burden or for various other perceptions. The Government of Afghanistan and the UNHCR therefore need to revisit their policy of welcoming repatriation of refugees and should ensure that Afghan refugees return only when they can be properly integrated and absorbed in Afghanistan. The paper also calls upon the UNCHR to play its role effectively and stop forced return of Afghans from Pakistan, which amounts to refoulement in violation of the principle of non-refoulement.