Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law provides for freedom of internal movement and for uninhibited foreign travel, emigration, and repatriation, but the government limited these rights.
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, and other persons of concern.
Abuse of Migrants, Refugees, and Stateless Persons: The government provided temporary legal status to approximately 1.4 million Afghans formally registered and holding proof of registration cards. The PML-N and interim governments gave repeated, short-term proof of registration card extensions through September 30, which created an environment of uncertainty for proof of registration cardholders. In October the PTI-led government broke the trend of short-term extensions, approving a longer-term extension through June 30, 2019. Prime Minister Imran Khan pledged on September 16 to offer citizenship to Afghan refugees and Bengalis born in the country. The government formed a parliamentary committee to address this issue, which remained controversial.
There were reports that provincial authorities, police, and host communities harassed Afghan refugees. UNHCR reported that, from January to October, there were 828 arrests and detentions of refugees. All those arrested were released, 74 percent without charges, often following the intervention of UNHCR or its implementing partners. Arrests spiked in July, largely due to stringent security measures initiated by the government in preparation for the July 25 general elections.
In-country Movement: Government restrictions on access to certain areas of the former FATA and Balochistan, often due to security concerns, hindered freedom of movement. The government required an approved no-objection certificate for travel to areas of the country it designated as “sensitive.”
Foreign Travel: The law prohibits travel to Israel, and the country’s passports include a statement that they are “valid for all countries except Israel.” Passport applicants must list their religious affiliation and, if Muslim, affirm a declaration that the founder of the Ahmadiyya movement was a false prophet. Ahmadi representatives reported authorities wrote the word “Ahmadi” in their passports if they refused to sign the declaration.
According to policy, government employees and students must obtain no-objection certificates from the government before traveling abroad. Authorities rarely enforced this requirement for students, however.
The government prohibited persons on an exit control list from departing the country. The stated purpose of the list was to prevent departure from the country of “persons involved in antistate activities, terrorism, or related to proscribed organizations and those placed on the orders of superior courts.” Those on the list had the right to appeal to the courts to have their names removed.
Exile: The government refused the return of some Pakistanis deported from other countries. The government refused these deportees entry as unidentifiable Pakistani citizens, despite having passports issued by Pakistani embassies abroad.
INTERNALLY DISPLACED PERSONS (IDPS)
Large population displacements have occurred since 2008 as a result of militant activity and military operations in KP and the former FATA. Returns continued amid improved security conditions. According to the UN Office for the Coordination of Humanitarian Affairs, 29,000 of the total 5.3 million affected residents remained displaced as of May. The government and UN agencies such as UNHCR, UNICEF, and the UN World Food Program collaborated to assist and protect those affected by conflict, who generally resided with host families, in rented accommodations, or to a lesser extent, in camps. Several IDP populations settled in informal settlements outside of major cities, such as Lahore and Karachi.
The government required humanitarian organizations assisting civilians displaced by military operations to request no-objection certificates to access all districts in the former FATA. According to humanitarian agencies and NGOs, the certificate application process was cumbersome and projects faced significant delays. The government maintained IDP camps inside and near former FATA districts where military operations took place, despite access and security concerns raised by humanitarian agencies. Humanitarian agency workers providing assistance in the camps were exposed to danger when travelling to and within the former FATA. UN agencies maintained access to the camps and the affected areas mainly through local NGOs.
There were no reports of involuntary returns. Many IDPs reportedly wanted to return home, despite the lack of local infrastructure, housing, and available service delivery and the strict control that security forces maintained over returnees’ movements through extensive checkpoints. Other IDP families delayed their return or chose some family members to remain in the settled areas of KP where regular access to health care, education, and other social services were available. For IDPs who were unwilling or unable to return, the government coordinated support with the United Nations and other international organizations. The World Food Program distributed a monthly food ration to IDPs in KP displaced by conflict and continued to provide a six-month food ration to IDPs who returned to their areas of origin in the former FATA.
Despite large-scale recurring displacements of individuals due to natural disasters and disruptions caused by terrorist activities and counterterrorist operations, the government had not adopted specific legislation to tackle internal displacement problems. In addition, the National Disaster Management Act of 2010 does not provide any definition of IDPs or their rights.
PROTECTION OF REFUGEES
Access to Asylum: The law does not provide for granting asylum or refugee status. The country lacks a legal and regulatory framework for the management of refugees and migration. The law does not exclude asylum seekers and refugees from provisions regarding illegal entry and stay. In the absence of a national refugee legal framework, UNHCR conducted refugee status determination under its mandate, and the country generally accepted UNHCR decisions to grant refugee status and allowed asylum seekers who were still undergoing the procedure, as well as recognized refugees, to remain in the country pending identification of a durable solution.
Employment: There is no formal document allowing refugees to work legally, but there is no law prohibiting refugees from working in the country. Many refugees worked as day laborers or in informal markets, and local employers often exploited refugees in the informal labor market with low or unpaid wages. Women and children were particularly vulnerable, accepting underpaid and undesirable work.
Access to Basic Services: One-third of registered Afghans lived in one of 54 refugee villages, while the remaining two-thirds lived in host communities in rural and urban areas and sought to access basic services in those communities. Afghan refugees could avail themselves of the services of police and the courts, but some, particularly the poor, were afraid to do so. There were no reports of refugees denied access to health facilities because of their nationality.
The constitution stipulates free and compulsory education for all children between the ages of five and 16, regardless of their nationality. Any refugee registered with both UNHCR and the government-run Commissionerate of Afghan Refugees was, in theory, admitted to public education facilities after filing the proper paperwork. Access to schools, however, was on a space-available basis as determined by the principal, and most registered Afghans attended private Afghan schools or schools sponsored by the international community. For older students, particularly girls in refugee villages, access to education remained difficult. Afghans who grew up in Pakistan needed student visas to attend universities, but they qualified for student visas based on their proof of registration cards. Afghan students were eligible to seek admission to Pakistani public and private colleges and universities.
Durable Solutions: The government did not accept refugees for resettlement from other countries and did not facilitate local integration. The government does not currently accord the children of Afghan refugees Pakistani citizenship, but it did establish a parliamentary committee to evaluate the possibility of extending citizenship to Pakistani-born children of Afghan and Bengali refugees, as reported earlier.
The Ministry of States and Frontier Regions and Ministry of the Interior’s National Database and Registration Authority (NADRA) signed a memorandum of understanding in May 2017 to document unregistered Afghans in the country. The memorandum established 21 documentation centers in areas with high concentrations of unregistered Afghans. Under it, NADRA agreed to issue new identity cards, called Afghan citizen cards, over a period of six months. The Afghan citizen cards provided undocumented Afghans legal protection from arbitrary arrests, detention, or deportation under the Foreigners Act and allowed cardholders to stay in Pakistan for the duration of the cards’ validity. If cardholders leave the country, they relinquish their status. The period for Afghans to apply for Afghan citizen cards concluded at the end of January, after which only new births to existing holders of Afghan citizen cards were recorded. Any undocumented Afghans encountered in the country after the registration period were vulnerable to detention and deportation under the Foreigners Act.
Statelessness continued to be a problem. There is no national legislation on statelessness, and the government does not recognize the existence of stateless persons. International and national agencies estimated there were possibly thousands of stateless persons as a result of the 1947 partition of India and Pakistan, and the 1971 partition of Pakistan and Bangladesh. In addition, UNHCR estimated there were 300,000 Rohingya living in the country, a large percentage of whom were believed to be stateless.