Are Afghan Nationals Seeking Court Protection Against Forced Repatriation from Pakistan?
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Synopsis
In a significant legal move, around 400 Afghan nationals, including artists, are appealing to the Peshawar High Court to stop their forced deportation to Afghanistan, citing fears of persecution. This case highlights the ongoing struggles faced by Afghan refugees and the implications of international refugee agreements.
Key Takeaways
- Approximately 400 Afghan nationals are petitioning for refugee status in Pakistan.
- The principle of non-refoulement is central to their case.
- The Taliban's takeover has increased risks for artists and musicians in Afghanistan.
- Pakistan's policy towards Afghan refugees is under scrutiny.
- The situation highlights the need for international intervention.
Islamabad, Nov 20 (NationPress) Nearly 400 Afghan nationals, including numerous artists and their families, have turned to the Peshawar High Court, urging the judge to mandate the government to cease their forced deportation back to Afghanistan based on the principle of non-refoulement, as they would face persecution in their homeland, local media reported on Thursday.
The Afghan nationals submitted a collective petition to the court, requesting directions for the government to permit their continued stay in Pakistan as refugees. Among the petitioners are Zakiya Dunya Ghazal and many other Afghan artists and their families, as reported by Pakistan's prominent daily, Dawn.
The petitioners cited a previous ruling from the high court delivered on December 13, 2024, regarding other artists and transgender individuals, asking the court to render a decision consistent with that earlier judgement.
Respondents named in the petition include Pakistan's Federal Interior Ministry, Federal Secretary of Cabinet Division, directors of the National Database and Registration Authority (Nadra), immigration and passport authorities, FIA, as well as Khyber Pakhtunkhwa’s Chief Secretary and Home Secretary.
The petitioners argued that it has become perilous for artists and musicians to reside in Afghanistan following the Taliban's resurgence, as they have vocally opposed activities such as music concerts. They stated that they relocated with their families to Peshawar after fleeing Afghanistan.
They emphasized that Pakistan's policy of forced repatriation contradicts existing agreements with the United Nations High Commissioner for Refugees (UNHCR) and Pakistan's own international obligations.
On Tuesday, Afghanistan's Foreign Minister Maulvi Amir Khan Muttaqi refrained from directly criticizing Pakistan but condemned “some countries” for treating Afghan refugees “inhumanely” due to political motives.
In his speech at the Fifth Coordination Meeting between Afghanistan and United Nations (UN) agencies in Kabul, Muttaqi harshly criticized the neighboring nation for violating international standards and forcibly removing Afghan refugees from their homes.
Calling for immediate action from the international community, Muttaqi subtly criticized Pakistan for the forced deportations of Afghan refugees in recent months as diplomatic relations between the two countries deteriorate.
“The inhumane treatment of Afghan refugees in some nations persists due to political agendas. This harsh winter, they are being forcibly removed from their residences and subsequently denied entry at border crossings. Is this not a blatant infringement of international refugee principles? Is this not a severe injustice against women, children, and the elderly?” the Taliban minister questioned.
As per the UN, Iran and Pakistan are the two largest host nations for Afghan refugees. While Iran recently hosted around 3.5 million Afghan refugees, Pakistan had approximately 1.6 million refugees from Afghanistan.
Up to September 2025, an estimated 126,800 Afghan refugees and individuals in a refugee-like situation returned to Afghanistan from Pakistan over the past year.
Point of View
It's crucial to recognize the plight of Afghan nationals facing forced deportations. The Peshawar High Court's role in addressing these concerns is vital, and aligning with the international commitments regarding refugee rights is paramount. The situation underscores the need for compassion and adherence to humanitarian principles.
NationPress
20/11/2025
Frequently Asked Questions
What is the principle of non-refoulement?
The principle of non-refoulement is a fundamental part of international refugee law that prohibits countries from returning refugees to places where they may face serious threats to their life or freedom.
Who are the petitioners in this case?
The petitioners include around 400 Afghan nationals, notably artists and their families, who are seeking to remain in Pakistan due to fears of persecution in Afghanistan.
What was the basis of their petition?
Their petition was based on the fear of persecution they would face upon return to Afghanistan, particularly following the Taliban's takeover.
What has been the response from Pakistan's government?
The petition names various governmental bodies, including the Federal Interior Ministry, but specific responses from the government regarding the petition have not been detailed.
What international obligations does Pakistan have regarding refugees?
Pakistan is bound by international agreements, including those set forth by the United Nations High Commissioner for Refugees (UNHCR), which dictate the treatment and rights of refugees.
