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Pakistan is currently host to over 3 million Afghan refugees with various forms of legal status. For some Afghans, they have resided in Pakistan for decades, with many born and raised in the country. The level of protection afforded to Afghan refugees in Pakistan is contingent upon their legal status. Almost two-thirds of all Afghans in Pakistan live outside of camps and are socially and economically interwoven into all parts of Pakistani society.
Afghan refugees may be Proof of Registration (PoR) cardholders, Afghan Citizen Card (ACC) holders, undocumented, in irregular status, or holding an ordinary visa (student, work, medical, marriage etc).
Since August 2021, there have been an estimated 600,000 new Afghan arrivals reported by the Government of Pakistan, although the actual figures are likely much higher. Of this number, approximately 303,000 have approached UNHCR for registration, however, UNHCR have not been permitted to register new arrivals.
At present, recent Afghan refugee arrivals in Pakistan have been categorised by the government into the following three groups:
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Temporary migrants (those residing in border towns, with extended families, or camps)
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Transit refugees (those arrived based on the reasons of being settled in other countries)
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Resident Card Holders
Under the new directive – as outlined below - all groups would be subject to repatriation through a phased approach.
Imminent forced returns from Pakistan to Afghanistan
On 26 September 2023, the Ministry of the Interior of the Government of Pakistan issued the Illegal Foreigners Repatriation Plan. According to the proposed plan, it is intended to “regulate the foreigners in Pakistan and to ensure that the foreigners staying illegally or overstaying their visa validity are deported back to their parent countries.”
This Plan outlines the proposed return / deportation procedures for non-citizens who reside in Pakistan and do not hold a valid visa. According to media reports, the Plan was created in response to “growing terrorist threats, engagement by foreigners in criminality, and negative associated impacts to the economy”. It is estimated that nearly 1.7 million Afghans are likely to be affected by the decision which will come into effect on 1 November 2023.
Returnees from Pakistan primarily return to Afghanistan via the Torkham border in Nangarhar province and Spin Boldak border in Kandarhar. According to data from IOM, since 1 January 2023, 84,000 Afghan returnees have passed through the two border crossings, excluding those forcibly returned.
Since September 2023, the rate of return is approximately 300-400% above the average monthly levels for the first half of the year. Many are in need of livelihoods, shelter, health and protection assistance. In September this year 14,807 undocumented Afghan returned from Pakistan through the Torkham and Spin Boldak border crossing points, almost doubling the return figures seen in August (7,578). NRC’s team working at the border have corroborated that there has been a stark increase in Afghans returnees since the announcement in September. At present, this increase in returns is being reported as largely spontaneous, however, the increases in the number of people returning ‘voluntarily’ to Afghanistan each day are likely linked to the threat of forced deportation made by the Pakistan Government.
The Illegal Foreigners Repatriation Plan – already approved by Federal Cabinet – suggests that the process of repatriation shall be carried out in phases. The first cohort of returnees (“Phase I”) is slated to be ‘illegal’ / unregistered foreigners and those who have overstayed their visa validity periods. This will include all foreigners but will primarily be Afghans. In the next phases, Pakistani authorities propose to repatriate / deport Afghan Citizen Card (ACC) holders (“Phase 2”), followed by the repatriation of Proof of Registration (PoR) card holders (“Phase 3”).
It is unclear what if any protections ACC or PoR cards may hold.
Background to the various legal statuses of Afghans in Pakistan
Historically, Afghan refugees residing in Pakistan did not necessitate legal documentation. However, starting in 2006 the Pakistani government introduced Proof of Registration (PoR) cards. Until now, these cards provide a degree of safeguard against deportation and harassment, as well as access to certain rights. As of October 2023, approximately 1.3 million Afghans possessed PoR cards (which expired in June 2023).
Since their inception in 2006, the PoR cards have been subject to periodic renewal, with multiple ad hoc extensions to their validity. This lack of permanence in the PoR status, at times renewed for merely six months, has fostered a perennial sense of insecurity and uncertainty among Afghan refugees regarding their prospects in exile.
In 2017, the Government of Pakistan facilitated the issuance of Afghan Citizen Cards (ACC) for unregistered Afghans in the country. These cards were issued for authorities to better understand who was on their territory, as well as to ensure more Afghans could access some form of identity documentation. ACC card holders can only access limited services and it remains hard for them to access formal livelihood opportunities.
Finally, unregistered Afghan refugees are not officially considered as refugees neither by the Government of Pakistan, nor by the United Nations High Commissioner for Refugees (UNHCR). As such, they do not have access to any services, benefits or protections.
All new Afghan arrivals to Pakistan since August 2021 have been unable to formally register with UNHCR or with the Pakistani authorities. As such, they have all remained unregistered and are therefore susceptible to arrest, detention, and return.