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Jurist UN Chief denounces returns of Afghan asylum seekers and refugees as violation of international law

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Dadparvar

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Nov 11, 2016
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UN High Commissioner for Human Rights Volker Türk on Friday condemned the forced repatriations of refugees and asylum-seekers to Afghanistan by countries citing national security and economic strain, deeming it a clear violation of international human rights law.

In emphasizing the urgency of the humanitarian crisis affecting this marginalized group, Türk stated:

Returning individuals at serious risk of human rights violations involuntarily to Afghanistan runs contrary to the core international law principle of non-refoulement. I urge States to abide by their international legal obligations and protect Afghans by not taking any action that exposes them to irreparable harm upon return.
More than four decades of continuous conflict, a pattern of documented human rights violations, and severe economic instability driven by the Taliban’s 2021 takeover of the government of Afghanistan, effectively dissolving the country’s democracy, has led to thousands of civilians fleeing to seek refuge. Afghan refugees living in Pakistan who are already vulnerable due to minimal access to food, healthcare, and education, have been further subjected to door-to-door raids, late-night home searches, and arrests without warrants.

Despite holding valid visas, they are still being detained in holding centers, and refugees find it very difficult to access proper documentation, due to the Pakistani government halting its renewal of Proof of Registration cards in 2023. Statistics further consolidate the dire situation in the country, with over 146,000 Afghans being deported from Pakistan in 2026 alone. Iran, which hosts one of the largest Afghan refugee populations in the world, has also followed suit and has been accelerating its deportation rates, recently driving out 1.5 million Afghans from the country.

Most recently, the European Union has faced strong criticism from human rights activists due to its invitation of Taliban officials to Brussels to discuss the topic of the deportation of Afghan refugees. Plans to deport the 35 per cent of the Afghan population in Europe who have not been granted asylum have been denounced as violating international humanitarian law standards. It also exists in contravention with the Court of Justice of the European Union’s 2024 judgment in the Joined Cases AH and FN, that determined that the Taliban’s systemic oppression of Afghan women is a form of persecution, thereby making nationality and gender sufficient grounds for refugee status, without having to prove an individualized risk of harm.

Women, girls, and human rights defenders will face an unprecedented influx of gender-based sexual violence, torture and arbitrary detention, with the possibility of death, if they are returned to the country. This is against the principle of non-refoulement, codified under Article 33 of the 1951 Refugee Convention which stipulates that individuals cannot be returned to their country if they will face cruel and degrading treatment.

The post UN Chief denounces returns of Afghan asylum seekers and refugees as violation of international law appeared first on JURIST - News.

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