Jurist UN denounces Germany over plans to deport people back to Afghanistan

[Dadparvar]

The UN criticized Germany on Friday over its plans to deport Afghans back to their country, which is still under the control of the Taliban regime. This comes after German Interior Minister Alexander Dobrindt unveiled his plans to speak directly with the Taliban to make deportations to Afghanistan possible.

Ravina Shamdasani, speaking for the Office of the High Commissioner for Human Rights, stated in a UN press briefing:

It was not appropriate to return people to Afghanistan. The Office had been documenting continuing human rights violations in Afghanistan, particularly violations of the rights of women and girls who had effectively been rendered invisible, stripped of their voices, of their rights to employment, to education, to freedom of movement

Arafat Jamal, the UNHCR’s Afghanistan Representative in Kabul, urged countries not to forcibly return Afghans, as the agency’s non-return policy remains in place for Afghans due to the conditions on the ground being inappropriate for returns. He further revealed the lack of funding for the protection of people who have returned or have been forcibly returned to Afghanistan, as the number of returnees, particularly from Iran, is significantly increasing daily.

The non-refoulement principle has long been recognized as customary international law, requiring States to refrain from returning a person to a territory where they may be exposed to persecution. This complements Article 33(1) of the 1951 United Nations Refugee Convention, which stipulates, “where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion”. Notably, this principle is recognized by the EU Agency for Asylum.

The deportation plans align with the promise made by Germany’s new government, led by Friedrich Merz, a coalition between the conservative CDU/CSU and the center-left Social Democrats (SPD), to pass tougher asylum laws as part of their coalition agreement. In particular, the agreement states the government’s aims to “take all constitutional measures to reduce irregular migration.” Earlier this year, the German parliament rejected a controversial immigration bill, the “Influx Limitation Law”, proposed by then-opposition leader Friedrich Merz.

This comes amid rising anti-migrant sentiment in Europe, with Austria becoming the first EU country to deport a convicted Syrian, and the Netherlands passing bills aiming to tighten rules on asylum seekers.

Since the return of the Taliban in 2021, it has significantly curtailed the fundamental rights of women and girls, prohibiting secondary education for girls, as well as banning women from singing or reciting poetry in public. Afghanistan still faces one of the worst humanitarian crises in the world, with more than 2 million Afghans returning from Pakistan and Iran between September 2023 and late June 2025.

Germany’s deportation plans, the US termination of Temporary Protected Status (TPS) for Afghans, and Russia’s recognition of the Taliban government will likely further exacerbate the internal displacement crisis and risk legitimizing the Taliban’s impunity.

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