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Afghanistan

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, foreign travel, emigration, and repatriation, which the government generally respected, although it sometimes limited citizens’ movement for security reasons.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration, and other humanitarian organizations in providing protection and assistance to internally displaced persons (IDPs), refugees, returning refugees, and other persons of concern. Government ability to assist vulnerable persons, including returnees from Pakistan and Iran, remained limited, and it continued to rely on the international community for assistance.

In-country Movement: Taxi, truck, and bus drivers reported security forces or insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers.

The greatest barrier to movement in some parts of the country was the lack of security. In many areas insurgent violence, banditry, land mines, and IEDs made travel extremely dangerous, especially at night.

Armed insurgents operated illegal checkpoints and extorted money and goods. The Taliban imposed nightly curfews on the local populace in regions where it exercised authority, mostly in the southeast.

Social custom limited women’s freedom of movement without male consent or a male chaperone.

Emigration and Repatriation: Refugee returns to the country rose in the last half of the year. As of mid-November UNHCR had assisted the return of more than 370,000 registered refugees (99 percent of whom returned from Pakistan), greatly surpassing the 58,460 returns in 2015. According to UNHCR surveys of returnees at arrival centers, many returnees claimed they left Pakistan due to increased rates of harassment and extortion and because they no longer believed they could stay in their homes safely or find jobs. Other reasons they cited included maintaining family unity with undocumented Afghans following their deportation, enhanced border controls, and uncertainty about legal status. Former refugees constituted more than 20 percent of the total country population, yet the government lacked the capacity to integrate large numbers of new arrivals due to continuing insecurity, limited employment opportunities, poor development, and budgetary constraints.

Undocumented Afghan refugees also returned in large numbers. The International Organization for Migration reported that about 230,000 had returned from Pakistan as of mid-November and projected that approximately 300,000 undocumented Afghans would return by the end of 2016. Approximately 391,000 undocumented Afghans returned from Iran during the same period; most of these returns resulted from deportation by Iranian authorities.

INTERNALLY DISPLACED PERSONS (IDPS)

Internal population movements increased, mainly triggered by increasing armed conflict. The United Nations estimated there were 1.2 million IDPs in the country. According to the UN Office for Coordination of Humanitarian Affairs, 486,000 new IDPs fled their homes from January to November. Most IDPs left insecure rural areas and small towns seeking relatively greater safety and government services in larger towns and cities in the same province. All 34 provinces hosted IDP populations.

Limited humanitarian access caused delays in identifying, assessing, and providing timely assistance to IDPs and led to estimates of the total number of IDPs that were significantly larger than official figures. IDPs continued to lack access to basic protection, including personal and physical security and shelter. Many IDPs, especially in households with a female head, faced difficulty obtaining basic services because they did not have identity documents. Many IDPs in urban areas reportedly faced discrimination, lacked adequate sanitation and other basic services, and lived in constant risk of eviction from illegally occupied displacement sites, according to the Internal Displacement Monitoring Center. Women in IDP camps reported high levels of domestic violence. Limited opportunities to earn a livelihood following the initial displacement often led to secondary displacement, making tracking of vulnerable persons difficult. Even IDPs who had access to local social services sometimes had less access than their non-IDP neighbors, due to distance from the services or other factors.

PROTECTION OF REFUGEES

Access to Asylum: Laws do not provide for granting asylum or refugee status, and the government has not established a system for providing protection to refugees from other countries. Nonetheless, the government worked closely with the international community to protect and respond to the needs of Pakistani refugees, including an estimated 100,000 refugees who remained in UNHCR camps in Khost and Paktika Provinces after being displaced in 2014 following Pakistani military operations against insurgents across the border.

Pakistan

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: Pakistan is host to more than 1.3 million Afghan refugees. The government provided temporary legal status to Afghans formally registered and holding Proof of Registration (PoR) cards. In July, the government extended the validity of PoR cards until December 31, and in September, extended the cards an additional three months until March 31, 2017. There were reports, however, of harassment and extortion of Afghan refugees by provincial authorities, police, and host communities. According to UNHCR reports, from January to August, there were 4,150 arrests and detentions, compared with 3,595 for all of 2015. Of those arrested, 99 percent were released, 70 percent without any charges, often following the intervention of UNHCR or its implementing partners. Arrests spiked in August, largely due to security operations and arbitrary actions by the Frontier Corps apprehending Afghans at various checkpoints in Balochistan. There were firsthand accounts of members of the intelligence services harassing refugees. Refugees faced discrimination from local communities. Provincial officials in Khyber Pakhtunkhwa and nationwide cited the presence of Afghan “refugees”–without differentiating between proof of registration (PoR) cardholders, migrants, and temporary visitors–as the cause for deteriorating law and order in major cities. In June the government released press statements that labeled refugee camps safe havens for terrorists and urged the early return of Afghan refugees to their homeland.

In-country Movement: Government restrictions on access to certain areas of FATA, KP, and Balochistan, often due to security concerns, hindered freedom of movement of persons. The government required an approved NOC 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 Muslims, affirm a declaration that the founder of the Ahmadiyya movement was a false prophet. Ahmadi representatives reported the word “Ahmadi” was written on their passports if they refused to sign the declaration. Government employees and students must obtain NOCs from the government before traveling abroad. Authorities rarely enforced this requirement for students.

The government prohibited persons on the 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.

Emigration and Repatriation: During the year the government refused the return of immigrants deported from Europe. One European mission reported several deportees were refused entry as unidentifiable Pakistani citizens despite having passports issued by Pakistani embassies abroad. Some NGOs commented the government increased restrictions on the issuance of identity and proof of nationality documents, such as passports, from its missions abroad.

INTERNALLY DISPLACED PERSONS

Large population displacements continued as a result of militant activity and military operations in FATA. . The government and UN agencies such as UNHCR and the UN Children’s Fund (UNICEF) collaborated to assist and protect those affected by conflict. Once evacuated, internally displaced persons (IDPs) received immunizations, with many of the children receiving them for the first time in five years. The state and relief organizations placed special emphasis on polio, as many IDP children had been vulnerable to the disease due to the Taliban-imposed ban on immunizations in their home regions. In some areas an estimated 50 percent of the IDP population had been displaced five years or longer, according to the Internal Displacement Monitoring Center. Those displaced by conflict 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 return of IDPs displaced by Operation Zarb-e-Azb in North Waziristan Agency, Operations Khyber I, II, and III in Khyber Agency, and other military activities continued, with 114,511 families returning to FATA and 76,507 families still displaced, according to the UN Office of the Coordinator of Humanitarian Affairs (OCHA). Since 2015, 75 percent of the total IDP population had returned to FATA. OCHA reported that 89 percent of IDPs had returned to Khyber Agency with 9,524 families still displaced; 72 percent had returned to North Waziristan Agency with 29,360 families still displaced; 64 percent had returned to South Waziristan Agency with 23,879 families still displaced; 77 percent had returned to Khurram Agency with 5,457 families still displaced; and 66 percent had returned to Orakzai Agency with 7,965 families still displaced. The average family size in FATA was six. Approximately 16 percent of all returns were female-headed households.

The government required humanitarian organizations assisting civilians displaced by military operations to request NOCs to access all agencies in FATA. According to humanitarian agencies and NGOs, the NOC application process was cumbersome. The government maintained IDP camps inside and near the FATA agencies 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 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 via 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 UNHCR and other international organizations. The World Food Program distributed food rations to IDPs displaced by conflict and continued to provide rations for extendable periods of six to nine months to IDPs who returned to their areas of origin.

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.

Refoulement: In general the government did not forcibly return PoR cardholders, refugees, or asylum seekers to countries where their lives or freedom may be threatened. In August, five PoR cardholders were deported to Afghanistan but were able to return to Pakistan the following day.

Beginning in July there was a sharp increase in UNHCR-assisted returns of PoR cardholders to Afghanistan. In 2015, 58,460 PoR cardholders returned to Afghanistan; between January and June 2016, approximately 8,000 had returned. The returns increased in July, and by early September more than 229,000 Afghan PoR cardholders had returned to Afghanistan. In its emergency funding request, OCHA stated, “The spike in returns is motivated by different factors, including an apparent drastic deterioration of the protection/political space in Pakistan with increasing incidents of detention, forced evictions, police raids, and harassment.” Additional factors reported by UNHCR included stricter border management, calls by the Afghan government for refugees to return, harassment and extortion by local authorities and host communities, and the increase of UNHCR’s repatriation grant from $200 to $400 per person.

For most of the year, two voluntary repatriation centers operated in Quetta and Peshawar; a third center was opened in Peshawar in September to process the increase in repatriations.

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 courts, but some, particularly the poor, were afraid to do so. There were no reports of refugees denied access to a health facility because of their nationality.

The constitution stipulates free and compulsory education for all children between ages five and 16 years 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. In practice access to schools 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 females 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 PoR cards. Afghan students were eligible to seek admission to Pakistani public and private colleges and universities. In public statements, including at the Leadership Summit on Refugees on September 20, the government reaffirmed the right of all children, regardless of status, to public primary education.

Durable Solutions: The government did not accept refugees for resettlement from other countries and did not facilitate local integration. The government does not accord Afghan refugees Pakistani citizenship.

STATELESS PERSONS

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 and 1971 partitions of India and Pakistan, and of Pakistan and Bangladesh, respectively.

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