Afghanistan has been grappling with a persisting humanitarian crisis since the Soviet invasion in December 1979 that ended in mid 1989 after relentless resistance by Mujahideen [holy warriors] supported by the United States of America (USA), its Western allies and Pakistan. Internal strifes after Soviet retreat, USA and allies’ occupation after 9/11, repression by Taliban and oppression of warlords after exit of USA and allied forces, forced Afghan diaspora. In all these years, Pakistan served as a sanctuary and second home for countless Afghans who sought refuge from the perils of conflicts in their country since 1979, such as life-threatening circumstances, poverty, bigotry, repression, occupations by foreign forces, and the dread of persecution. As of today, millions of Afghan nationals, permanently settled in Pakistan, are facing a thereat of expulsion.
According to the United Nations High Commissioner for Refugees (UNHCR), an agency tasked with assisting and safeguarding refugees, there are over 3.7 million Afghans residing in Pakistan. They left Afghanistan with only 1.4 million among them holding formal registration. Pakistan recently issued directives to crack down on ‘illegal immigrants’, including Afghans. Among the 1.4 million Afghans who are legally registered (holding POR cards), approximately 50% are aged between 0-17 years, 46% are categorized as adults, and 4% are above 60 years of age. In terms of gender, 53% are male and 47% are female.
While acknowledging Pakistan’s legitimate authority over its internal policies and its responsibility for managing populations within its borders, international agencies have expressed concerns that the implementation of such policies could lead to significant consequences for those who are forced to leave the country and who may be subjected to security risks.
For over four decades, Pakistan has demonstrated remarkable generosity in providing refuge to Afghan nationals, playing a pivotal role in assisting them in rebuilding their lives. However, in recent years, Pakistan’s relationship with the Afghan government has become strained. On multiple occasions, Pakistan has voiced concerns to the Afghan government about its inability to control insurgency originating and planned on Afghan soil, affecting security in Pakistan.
In response to the recent surge in terrorist activities within Pakistan, the government has taken the decision to deport all undocumented immigrants living in the country without valid legal status. As of November 1, 2023, this policy extends to all citizens of neighbouring Afghanistan, who will be required to enter Pakistan with a valid passport and visa, as per standard entry requirements for travellers from around the world.
Implementation of this visa policy for Afghan citizens marks the end of a longstanding practice of issuing special travel permits to them. Currently, thousands of individuals and trade convoys daily cross into Pakistan through border points such as Torkham and Chaman, relying on paper documents known locally as ‘tazkira’ for their entry. Amnesty International has mentioned its concern in the following words:
Amnesty International also reiterates its calls to the United Nations High Commission for Refugees (UNHCR) to expedite registration and reviews of applications from Afghans seeking international protection in Pakistan; to the Government of Pakistan to stop the crackdown against and the arrests and harassment of Afghan refugees; and to third countries offering relocation to Afghans abroad to expedite the issuance of their visas. The international community must act immediately to keep up their initial promises of providing protection to those fleeing persecution in Afghanistan.”
Nadia Rahman, Amnesty International’s Interim Deputy Regional Director for research in South Asia has also urged the Government of Pakistan “to continue its historic support for Afghan refugees by enabling them to live with dignity and free from the fear of deportation to Afghanistan where they face persecution by the Taliban”.
Though international community’s appeals are on humanitarian grounds and Pakistani government should acknowledge that Afghans have resided in the country for decades, established families, livelihoods, and businesses and invested their earnings in the country. They must be provided with the opportunity to register with the appropriate authorities, allowing the government to maintain a comprehensive database of its residents. Once registered, they should have the right to live and earn in accordance with Pakistan’s legal and regulatory framework. There has been a widespread grievance that Pakistani authorities have displayed reluctance in renewing refugee cards, resulting in their categorization as ‘illegal’ despite their sincere efforts to register themselves.
However, it is essential to acknowledge shortcomings in our governance and border control mechanisms. Pakistani authorities should also investigate how these undocumented Afghan individuals managed to cross the borders and establish residence without acquiring legal status. There should be an inquiry leading to the accountability of border control officials who failed to fulfill their responsibilities and allowed unauthorized individuals to breach territorial controls, thereby subjecting the country to significant security risks.
The ineffectiveness of our civilian and security authorities has forced the country to host these undocumented Afghans and their unrestricted access to resources. This not only poses a national security risk but also draws international attention due to recent display of impatience and crackdown on illegal Afghan residents, which is casting a negative perception of Pakistan despite suffering huge economic and security losses.
International organizations are making appeals to Pakistan, calling on the country to maintain its historical commitment and generosity towards Afghan refugees. Additionally, Afghans are eagerly anticipating increased and immediate support from Pakistan and global authorities, in the wake of Taliban’s return to power. Of utmost importance is addressing the challenges and delays they face while attempting to register as refugees or pursue relocation to third countries, which has placed them in a precarious legal position, posing a risk to their valid identities resulting in difficulties and uncertainties.
Rather than pursuing an isolationist approach, Pakistan should actively involve the international community and engage with the Afghan government highlighting current difficulties and security challenges it faces. Together, a way forward should be determined to facilitate the return of Afghans to their homeland. Pakistan is already contending with various security issues on its eastern border, therefore displacement of settled Afghan families may not only breed resentment but could also perpetuate threats along its northern and northwestern borders.
Additionally, there is ongoing discussion among analysts in the media regarding Afghan transit trade, which is viewed as a significant economic challenge resulting in losses. Pakistan should initiate discussions with the Afghan government to renegotiate this trade agreement. Furthermore, Pakistan should seek support from the international community, emphasizing our economic problems and the difficulties of accommodating refugees within limited available resources. Collaborative endeavours between Pakistan and the international community will not only secure global cooperation but also enhance our relationships with neighbouring countries. At this juncture, taking unilateral actions on this issue may not yield long-term favourable results for us.
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Dr. Ikramul Haq, Advocate Supreme Court, specialises in constitutional, corporate, media, ML/CFT related laws, IT, intellectual property, arbitration and international tax laws. He was full-time journalist from 1979 to 1984 with Viewpoint and Dawn. He served Civil Services of Pakistan from 1984 to 1996. He established Huzaima & Ikram in 1996 and is presently its chief partner as well as partner in Huzaima Ikram & Ijaz. He studied journalism, English literature and law. He is Chief Editor of Taxation. He is country editor and correspondent of International Bureau of Fiscal Documentation (IBFD) and member of International Fiscal Association (IFA). He is Visiting Faculty at Lahore University of Management Sciences (LUMS) and member Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE).
He has coauthored with Huzaima Bukhari many books that include Tax Reforms in Pakistan: Historic & Critical Review, Towards Flat, Low-rate, Broad and Predictable Taxes (revised & Expanded Edition, Pakistan: Enigma of Taxation, Towards Flat, Low-rate, Broad and Predictable Taxes (revised/enlarged edition of December 2020), Law & Practice of Income Tax, Law , Practice of Sales Tax, Law and Practice of Corporate Law, Law & Practice of Federal Excise, Law & Practice of Sales Tax on Services, Federal Tax Laws of Pakistan, Provincial Tax Laws, Practical Handbook of Income Tax, Tax Laws of Pakistan, Principles of Income Tax with Glossary and Master Tax Guide, Income Tax Digest 1886-2011 (with judicial analysis).
He is author of Commentary on Avoidance of Double Taxation Agreements signed by Pakistan, Pakistan: From Hash to Heroin, its sequel Pakistan: Drug-trap to Debt-trap and Practical Handbook of Income Tax.
He regularly writes columns/article/papers for many Pakistani newspapers and international journals and has contributed over 2500 articles on a variety of issues of public interest, printed in various journals, magazines and newspapers at home and abroad.
Twitter: DrIkramulHaq
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Abdul Rauf Shakoori, Advocate High Court, is a subject-matter expert on AML-CFT, Compliance, Cyber Crime and Risk Management. He has been providing AML-CFT advisory and training services to financial institutions (banks, DNFBPs, Investment companies, Money Service Businesses, insurance companies and securities), government institutions including law enforcement agencies located in North America (USA & CANADA), Middle East and Pakistan. His areas of expertise include legal, strategic planning, cross border transactions including but not limited to joint ventures (JVs), mergers & acquisitions (M&A), takeovers, privatizations, overseas expansions, USA Patriot Act, Banking Secrecy Act, Office of Foreign Assets Control (OFAC).
Over his career he has demonstrated excellent leadership, communication, analytical, and problem-solving skills and have also developed and delivered training courses in the areas of AML/CFT, Compliance, Fraud & Financial Crime Risk Management, Bank Secrecy, Cyber Crimes & Internet Threats against Banks, E–Channels Fraud Prevention, Security and Investigation of Financial Crimes. The courses have been delivered as practical workshops with case study driven scenarios and exams to insure knowledge transfer.
His notable publications are: Rauf’s Compilation of Corporate Laws of Pakistan, Rauf’s Company Law and Practice of Pakistan and Rauf’s Research on Labour Laws and Income Tax and others.
His articles include: Revenue collection: Contemporary targets vs. orthodox approach, It is time to say goodbye to our past, US double standards, Was Due Process Flouted While Convicting Nawaz Sharif?, FATF and unjustly grey listed Pakistan, Corruption is no excuse for Incompetence, Next step for Pakistan, Pakistan’s compliance with FATF mandates, a work in progress, Pakistan’s strategy to address FATF Mandates was Inadequate, Pakistan’s Evolving FATF Compliance, Transparency Curtails Corruption, Pakistan’s Long Road towards FATF Compliance, Pakistan’s Archaic Approach to Addressing FATF Mandates, FATF: Challenges for June deadline, Pakistan: Combating the illicit flow of money, Regulating Crypto: An uphill task for Pakistan. Pakistan’s economy – Chicanery of numbers. Pakistan: Reclaiming its space on FATF whitelist. Sacred Games: Kulbhushan Jadhav Case. National FATF secretariat and Financial Monitoring Unit. The FATF challenge. Pakistan: Crucial FATF hearing. Pakistan: Dissecting FATF Failure, Environmental crimes: An emerging challenge, Countering corrupt practices .
Twitter: Adbul Rauf Shakoori
The recent publication, coauthored by these writes, is Pakistan Tackling FATF: Challenges & Solutions, available at: https://www.amazon.com/dp/B08RXH8W46 and https://aacp.com.pk/
