Pakistan is not a signatory party and party to the 1951 Refugee Convention and the 1967 Protocol on the Subject thus not bound by any international agreements or treaties but unquestionably, it has been providing millions of Afghans with refuge for over 40 years while upholding the greatest levels of safety and care in all areas since the Russian invasion, despite many social, economic and security challenges. Thanks to Pakistan’s extraordinary generosity, refugees and holders of Afghan Citizen Cards are granted free admission to government elementary institutions, access to generously funded higher education, bank accounts, and a plethora of employment prospects.
o Historically, legal documents were not required for Afghan refugees living in Pakistan. Nonetheless, the Pakistani government started introducing Proof of Registration (PoR) cards in 2006 for further facilitation to Afghans. These cards grant access to certain rights and offer some protection from deportation and harassment up until this point. In 2017, the Pakistani government made it further easier for Afghans who were not registered to obtain Afghan Citizen Cards (ACCs). These cards were distributed to ensure that more Afghans could obtain identity documentation and to help authorities better recognize who was on their territory. Over 4 million Afghan migrants and refugees are thought to be living in Pakistan, with over 1.7 million of them being undocumented. Furthermore, 0.74 million Afghan nationals living in Pakistan have never gone to renew their Proof of Residence (PoR) cards About 1.3 million Afghans have PoR cards as of October 2023; these cards expired in June 2023. The government of Pakistan has currently divided the influx of Afghan refugees into three categories: transit refugees (those who came to settle in another country), permanent migrants (those who live in border towns, with extended families, or in camps) and holders of residency cards.
The federal government has the authority to hold someone in custody who illegally entered Pakistan until they are deported under the Foreigners Act of 1946.
o The Ministry of the Interior recently approved the Illegal Foreigners Repatriation Plan in September 2023 with the approval of the federal government and Apex committee after detailed deliberations by considering Pakistan’s best national security and economic interests. A deadline of November 1st was allocated for all illegal migrants to leave Pakistan. This deadline applies to all “unregistered/illegal foreigners” and those who have overstayed their visas. These people have to go back to their home nations. They risk deportation for violating Pakistan’s immigration regulations if they don’t. The plan suggests that local governments, law enforcement, and other officials will have the authority to detain and deport any foreign nationals who are residing in the nation unlawfully. According to the plan, anyone who is accused of or in court for infractions will be deported. The plan suggests that local governments, law enforcement, and other officials will have the authority to detain and deport any foreign nationals who are residing in the nation unlawfully. According to the plan, anyone who is accused of or in court for infractions will be deported. Additionally, it states that anybody accused of or on trial for “serious crimes” will not be repatriated to Afghanistan.
The federal government has the authority to hold someone in custody who illegally entered Pakistan until they are deported back to their place of origin under the Foreigners Act of 1946. Although this Act was passed before Pakistan’s independence, it was subsequently adopted. The Act was amended by the Foreigners Amendment Ordinance, 2000 and the (Amendment) Act, 2016.
* According to section 3, the Federal Government may by orders make provisions either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed Class or description of a foreigner, for prohibiting, regulating or restricting the entry of foreigners into Pakistan, or their departure therefrom or their presence or continued therein. A person who is not a citizen of Pakistan is referred to as a “foreigner” in section 2 of the Act. Section 5 states that no foreign national present in Pakistan on the day this Act became operative may, while in the country after that date, pretend to take on, use, or assume for any reason any name other than the one by which he was commonly recognized just before the said date.
Furthermore, by section 9, it is the responsibility of the individual in question to establish whether or not they are a foreigner if their nationality is not obvious based on section 8 before it. Section 13-B of the Act states that it is illegal for anybody to intentionally hire or offer work to someone who does not have authorization to be in Pakistan. Furthermore, by section 14, anyone who violates this Act’s provisions, any orders made under it, or any directions given by it faces up to five years in prison and a fine., and if the offender entered into a bond by clause (f) of sub-section (2) of section 3, that bond will be forfeited, and anyone who is bound by it must either pay the penalty or provide convincing evidence to the convicting court as to why it should not be paid.
Although Pakistan has been giving refugees to Afghan nationals for many years, the country has faced numerous security and economic difficulties as a result of the long-term presence of a sizable Afghan population, particularly that of illegal immigrants. It is imperative now to give top priority to addressing the security and economic challenges resulting from the presence of unauthorized illegal migrants including Afghans, many of whom law enforcement services have discovered involved in many terrorist operations in recent months which resultantly caused deaths to our soldiers and citizens. Now, it becomes more challenging to identify and monitor those who might pose a security concern or are engaged in illicit and terrorist activities, and this state of affairs cannot be allowed in any part of the world.
* True implementation of the Foreigners Act, 1946 is the need of time for controlling and managing the illegal migrants’ matters in Pakistan. Through the present, illegal repatriation plan approved by the federal government and Apex committee represented by all stakeholders and provincial governments, Pakistan can regulate its immigration regulations and will make sure that the people will only come through authorized and legal channels through legal documents and not otherwise at all which resultantly improve the law and order and economic situation in the country. The control of illegal immigration will further not only aid in the good distribution of financial resources, but the majority of these public resources and services will be provided to citizens and lawful residents, which will ease the burden on infrastructure and social services, and finally keeping tabs on illegal entrants will lessen the national security threats brought on by unauthorized people. Finally, there is no cavil and Pakistan has no option except that true implementation of the Illegal Foreigners Repatriation Plan is the need of time and in the larger interest of Pakistan both on national security and economic sides.
The writer is a practicing lawyer at Supreme Court and has served as Chairman, Federal Excise & Sales Tax Appellate Tribunal and Senior Advisor Federal Ombudsman. He can be reached at: hafizahsaan47@gmail.com