GUIDELINES FOR THE TREATMENT OF AFGHAN
ASYLUM SEEKERS & REFUGEES IN EUROPE -
February 2002
Introduction
1.
In this
paper, the European Council on Refugees and Exiles (ECRE) has compiled the
views of its member agencies, consisting of more than 70 organisations
throughout 28 European countries, with regard to the treatment of Afghan asylum
claimants and refugees in European countries of asylum and repatriation to
Afghanistan in the aftermath of the establishment of the Interim Administration
for Afghanistan.
2.
Throughout
Europe, the treatment of Afghan persons seeking international protection varies
considerably. Some countries have suspended the examination of asylum
applications awaiting developments in Afghanistan. In most countries where asylum
processing continues, Afghans are granted protection from refoulement in the
form of complementary or other protection statuses rather than Convention
status. At present, no returns are taking place due to the uncertainty of the
situation in Afghanistan as well as for practical reasons. Notwithstanding, a number of countries
are currently reviewing their position with the pace and number of returns
likely to increase in the following months.
3.
Reports from
NGOs and international organisations have underlined that the situation in the
region is unsafe. ECRE believes that the Interim Administration chosen to run
Afghanistan following the demise of the Taliban, is not in a position to
provide protection from persecution by remnants of former regimes or local
power holders affiliated to the Interim Administration.
4.
ECRE wants to
remind European States where Afghan refugees are present, that notwithstanding
the demise of the Taliban regime,
they are bound by a duty to protect individuals with continuing protection
needs which are not addressed by recent political developments.
5.
This paper
should be read in conjunction with ECRE’s Positions on the Interpretation
of Article 1 of the Refugee Convention and on Complementary Protection and in
the light of other ECRE policy statements[1].
I – THE DUTY OF PROTECTION FROM PERSECUTION
6.
Despite the
establishment of an Interim Administration on the basis of the Bonn talks and
the beginning of major reconstruction efforts by the international community,
Afghanistan remains politically unstable and subject to major disruptions in
law and order. Reports[2]
on the situation in the country show that the country with the possible
exception of Kabul has been reverting to the power holding partners that
existed prior to the emergence of the Taliban, with former commanders and
tribal leaders slipping back into their old leadership positions. Despite the
establishment of a UN-mandated International Security Assistance Force to
assist the Afghan Interim Authority in the maintenance of security in Kabul and
its surrounding areas, arbitrary action and high levels of insecurity in most
parts of the country represent major problems with individuals being at risk
from local inter-ethnic conflicts and tribal disputes, bandits or from power
holders seeking to extract revenge/money. A number of areas are classified by
the UN as no-go zones. The
Taliban, although deposed from power, are still present in many localities.
7.
European
States should give all Afghan asylum claimants the opportunity to lodge an
application and have it processed with minimum delay.
8.
ECRE urges
European governments to provide clear indications with regard to the steps they
are taking to obtain the accurate and up to date information on the situation
in Afghanistan that is necessary for fair asylum decision making. These might include fact-finding
government missions or commissioning reports by independent sources such as
UNHCR, non-governmental organisations and academic institutions. Governments
should also commit themselves to a reasonable timeframe within which such
information is to be obtained.
9.
ECRE
considers that certain categories of individuals amongst the Afghan
population have ongoing protection
needs that might not be substantially affected by political developments
currently taking place in Afghanistan. The list below is not exhaustive.
It includes:
-
intellectuals at risk of
being targeted by remnants of Taliban forces or other elements;
-
minority
Pushtuns from the North perceived to have supported the Taliban;
-
former
cardholding members of the former Socialist Parties{this category should
include persons who held senior positions in the Khalqi or Parchami Parties and
the People's Democratic Party of Afghanistan and in Khad (the Afghan
Intelligence Service)};
-
other persons
for whom compelling reasons apply (i.e. they are survivors of
torture/trauma, unaccompanied
minors, persons who are seriously ill and cannot be treated in Afghanistan,
single women or female-headed households without effective male support).
10.
ECRE urges
European states to give immediate consideration to the asylum applications of
persons falling within the aforementioned categories in order to identify and grant them an appropriate status at
the earliest possible. This should include either refugee status in accordance
with the 1951 Convention Relating to the Status of Refugees or complementary
protection status for those who fear persecution but fall outside a full and
inclusive interpretation of the terms of the 1951 Convention.
11.
The lack of
corroboratory evidence due to the uncertain situation in Afghanistan should not
represent sufficient ground for rejecting or granting a lesser protection
status to claimants who are able
to demonstrate that their fear of persecution is a reasonable one.
12.
In view of
the uncertainty of the political situation in Afghanistan, the risk of
arbitrary action and high levels of insecurity, ECRE urges European states not
to forcibly return Afghan nationals to their country of origin at the present
moment. As an interim measure and until the political situation stabilises,
Afghan asylum claimants who are not able to establish a well-founded fear of
persecution should be granted a form of international protection that
guarantees full socio-economic rights including unlimited access to the labour
market.
II – THE NEED FOR CO-ORDINATED AND STAGED RETURNS
13.
In the event
of the political situation stabilising and the basis for fears of persecution
being fundamentally removed, returns to Afghanistan must be dealt with on the
basis of lessons learned from previous conflicts. ECRE warns European
governments of the fact that many of the reasons why predicted returns in
relation to other countries/regions could not be enforced[3]
also exist in the context of returns to Afghanistan.
14.
The absence
of law and order and basic physical infrastructure, (such as roads, schools,
electricity and hospitals) the lack of functioning institutions including a
military and a judiciary, limited water availability and food supply due to
years of drought, high dependency on international food aid, the presence of
millions of mines in homes, fields and irrigation systems, together with the
problems faced by voluntary agencies due to security concerns in providing
basic social services and assistance
– all point to the need for an eventual careful and staged approach by European
countries to returns to Afghanistan.
15.
European
governments need to be aware that the situation on the ground differs widely
from one part of the country to another, in security and political terms as
well as with regard to availability of water and food supplies. Returnees must
be given the possibility and the means to return to their pre-war place of
abode and reintegrate into their own communities.
16.
Repatriation
should be voluntary and take place in safety and dignity in conditions
"which will be sustainable, non-discriminatory and respectful of the
rights of the returnees". As stated by UNHCR, the concept of "return
in safety" includes "the
need to assure that return takes place under conditions of legal safety (such
as amnesties or public assurances of personal safety, and non-discrimination),
physical safety including mine-free routes and material safety (access to means
of livelihood)".[4] ECRE urges States to fully observe UNHCR's
recommendations as to the number and profile of individuals to be returned.
17.
The
international community, and in particular the EU, must play a full and active
role in the reconstruction of Afghanistan. Within this context, ECRE welcomes
the commitment made by the European Commission at the Tokyo Conference to
provide EURO 200 million per year over the next four years towards
Afghanistan's reconstruction. Such monies should be used to assist the
reintegration into Afghan society and economy of some 4 million Afghan refugees
living outside Afghanistan and more than 1.3 million internally displaced
persons.
18.
European
states must be made aware of the impact of their returns policies on the ground
in Afghanistan and on countries in the region hosting the majority of Afghan refugees (Pakistan and Iran).
Appropriate planning and coordination are essential for ensuring that returns
from European states do not trigger forced returns to Afghanistan from
countries in the region or further destabilisation within Afghanistan.
19.
Returnees
should be given the necessary information to make an informed choice. They
should also be entitled to undertake "look and see" visits to
Afghanistan to assess whether it is realistic to return without putting at risk
their Convention or complementary protection status in the country of asylum.
They should be given time to commit to the repatriation process and prepare to
return.
February 2002
For further information contact the
European Council on Refugees and Exiles (ECRE) at:
Stapleton House 205 rue Belliard
Clifton Centre –
Unit 22 Box
14
110 Clifton Street 1040
Brussels
London EC2A 4HT Belgium
United Kingdom
Tel +44 (0)171 729 51 52 Tel +32 (0)2 514 59 39
Fax +44 (0)171 729 51
41 Fax
+32 (0)2 514 59 22
e-mail ecre@ecre.org e-mail
euecre@ecre.be
http://www.ecre.org