Legal perspective on the expatriation of Afghan refugees from Pakistan

Abstract

This research focuses on the legal aspects of the expatriation of Afghan refugees in Pakistan, the dilemma between state sovereignty and international human rights policies. Although Pakistan is not a signatory to the 1951 Refugee Convention and the 1967 Protocol, non-refoulement is owed to it by customary international law and other treaties like the ICCPR and CAT. The paper examines the activities of Pakistan during the Foreigners Act, 1946, which focuses on the negative aspects of procedures and the lack of an established refugee protection mechanism. Based on UNHCR reports, judicial rulings, and international standards, the paper asserts that the current process of repatriation poses threats of breaching the constitutional obligation of Pakistan and global commitments. It ends by giving a recommendation on how a comprehensive law concerning refugees can be put in place so that migration can be managed lawfully, humanely, and within the rights context.