CIVICUS speaks with human rights lawyer Moniza Kakar about Pakistan’s controversial campaign to expel Afghan refugees.

Pakistan’s large-scale crackdown aims to deport over a million Afghan refugees, including many who’ve called Pakistan home for decades. Thousands are being detained, homes are being demolished and families forcibly returned to Taliban-controlled Afghanistan. Human rights organisations condemn these actions as violations of international refugee protections, but despite global humanitarian appeals, deportations continue unabated.

What’s driving Pakistan’s mass deportation policy?

The Pakistani government is using security concerns as a pretext for what appears to be politically motivated deportations. It frames this as a national necessity based on three justifications: alleged security threats, the economic burden and state sovereignty. Officials claim Afghan nationals are involved with militant groups such as Tehrik-i-Taliban Pakistan, but provide no credible evidence for these accusations.

As a lawyer, I’ve represented countless Afghan nationals charged as ‘undocumented foreigners’. The government’s narrative collapses under scrutiny. Over 80 per cent of these detainees hold valid documentation: either Proof of Registration cards, Afghan Citizen Cards issued by Pakistan’s National Database and Registration Authority, or documentation issued by the United Nations (UN) Refugee Agency. Courts consistently order their release, undermining the government’s claims.

Faced with these legal defeats, authorities dramatically changed tactics in November 2023. They now bypass judicial oversight entirely and pick up Afghan refugees from homes, schools and marketplaces, then transport them directly to detention facilities without allowing them legal representation. This systematic denial of due process precedes immediate deportation to Afghanistan.

The economic rationale is equally suspect. While Pakistan faces genuine economic challenges with inflation and unemployment, scapegoating refugees diverts attention from governance failures. These deportations appear designed to exploit anti-refugee sentiment rather than address actual economic concerns.

How is this affecting Afghan refugee and Pakistani host communities?

The human cost is immeasurable. Afghan refugee communities now live in constant fear. Families who have built lives in Pakistan over generations have been ripped apart. Parents have withdrawn their children from schools, disrupting their education and future prospects. Many avoid seeking essential medical care for fear of detention. The psychological trauma – particularly for women and children who witness raids and experience family separations and official harassment – is profound.

Yet even under these conditions, refugee communities demonstrate extraordinary resilience. They’ve developed sophisticated communications networks using social media and encrypted apps to warn of impending raids, share information about safe locations and connect vulnerable people with legal assistance. This community solidarity provides critical protection where official safeguards have failed.

The response from Pakistani communities reveals a societal divide. State-controlled media has systematically portrayed refugees as threats to security and economic stability, fostering public hostility. This propaganda campaign has succeeded in turning many Pakistanis against long-term refugee residents.

However, this isn’t universal. In areas where Pakistanis and Afghans have lived as neighbours for decades, many locals reject the government narrative and offer support – though often quietly, fearing official reprisal. This community-level solidarity highlights the artificial nature of the government’s manufactured crisis.

What awaits those forcibly returned to Afghanistan?

Deportees face many dangers under Taliban rule. Women, girls, LGBTQI+ people, journalists, ethnic minorities, particularly Hazaras, and anyone with connections to the former government or international organisations face immediate danger.

The Taliban regime has systematically dismantled women’s rights, banning secondary and higher education for girls, severely restricting mobility and prohibiting most forms of employment. Women without male guardians are particularly vulnerable, facing forced marriages, arbitrary detention and pervasive gender-based violence with no legal recourse.

Persecution extends beyond gender. Those perceived to have connections with civil society organisations, foreign military forces or media outlets face detention, interrogation and forced cooperation with the Taliban. Ethnic and religious minorities encounter systematic discrimination.

Pakistan’s deportation policy ignores these life-threatening realities. There is no screening process to identify those at heightened risk, no mechanism for asylum claims and minimal coordination with the UN Refugee Agency. This blanket approach to deportation violates the fundamental principle of non-refoulement in international refugee law – the prohibition against returning people to places where they face persecution or death.

What has been the international response so far?

The international response has been woefully inadequate. States that participated in Afghanistan’s recent history have abandoned their moral and legal obligations. The countries that led military interventions or supported the post-2001 government bear direct responsibility for the current crisis. Having shaped Afghanistan’s trajectory, they now have a clear obligation to protect those endangered by the Taliban’s return to power.

The resettlement schemes established after the Taliban returned to power in 2021 have proven grossly insufficient, hampered by bureaucratic obstacles, arbitrary quotas and unrealistic documentation requirements. Countless Afghan allies who worked alongside international forces and organisations remain stranded in Iran, Pakistan and other countries, their evacuation promises unfulfilled.

While some international response has materialised, it remains fragmented and inadequate. Under international law, including the 1951 Refugee Convention, states must ensure deportations uphold human dignity, provide due process and protect people from persecution.

What actions should key international stakeholders take now?

The UN Refugee Agency should dramatically expand its presence at the Afghanistan-Pakistan border, increase refugee status determination operations and demand Pakistan halt deportations until proper screening mechanisms are established. The UN Assistance Mission in Afghanistan should intensify monitoring of returnee treatment and publicly document human rights abuses.

Countries with historical involvement in Afghanistan – Australia, Canada, Germany, the UK and the USA – should accelerate resettlement programmes, simplify visa processes for at-risk Afghans and provide substantial humanitarian assistance.

Regional powers such as Iran should maintain open borders and develop temporary protection frameworks for refugees. Regional organisations such as the Organisation for Islamic Cooperation and the South Asian Association for Regional Cooperation should advocate forcefully for refugee rights and condemn forced deportations.

The global civil society response requires coordination and persistence. Refugee rights groups, legal aid networks and humanitarian organisations should maintain consistent pressure through documentation, advocacy campaigns and strategic media engagement to ensure this crisis remains visible.

This crisis demands an urgent, coordinated approach based on human rights principles rather than political expediency. Protecting vulnerable Afghan refugees is not merely a humanitarian gesture; it is a legal obligation under international refugee law and a moral imperative for states that helped create the conditions leading to this displacement.