Voluntary Repatriation or Forced Return? Assessing Pakistan’s Approach to Afghan Refugees

This thesis critically examines Pakistan's policies and practices concerning the repatriation of Afghan refugees, investigating whether these align with the principles of voluntary return or constitute forced repatriation. Since 2002, Pakistan has facilitated the return of over five million Afghan refugees residing in the country, emphasizing its commitment to safe and dignified repatriation. However, the absence of a comprehensive national refugee law and Pakistan’s approach to Afghan refugees raise significant concerns regarding voluntariness of these returns. The analysis is structured into four chapters. Chapter 1 explores the international refugee protection framework, including the 1951 Refugee Convention and its 1967 Protocol, and assesses Pakistan’s domestic legal mechanisms. Chapter 2 provides a historical overview of Afghan migration to Pakistan, evaluates national policies such as Proof of Registration (PoR) and Afghan Citizen Cards (ACC), and evaluates the role of the UNHCR in supporting Afghan refugees. Chapter 3 critically examines Pakistan’s repatriation practices, focusing on voluntary repatriation guidelines, coercive measures such as harassment and detentions, and the implications of the 2023 Illegal Foreigners Repatriation Plan. Chapter 4 addresses Pakistan’s obligations under international law, particularly the principle of non-refoulement, and discusses potential mechanisms for international accountability. By analyzing the intersection of policy, practice, and legal obligations, this thesis highlights the challenges and contradictions in Pakistan’s treatment of Afghan refugees and the implications for refugee protection.