Following the completion of the PoR card renewal exercise at the end of 2014, all registered Afghan refugees will be in possession of renewed PoR cards; however, the post-transition period in Afghanistan and its potential implications for the security environment in neighbouring Pakistan, along with the expiry of the PoR cards at the end of 2015, are likely to result in increased pressures on Afghan refugees to return and subsequently in higher levels of police harassment, extortion and discrimination. This will require UNHCR to focus on the prevention of unlawful arrest, detention and refoulement, and advocacy on preserving asylum space, including a further extension of the validity of the PoR cards.
UNHCR and its partners will continue awareness-raising among law enforcement personnel, which, coupled with the above-mentioned documentary security, is expected to keep the number of arrests, detention and deportation of PoR cardholders under the 1946 Foreigners Act at a relatively low level. However, there has been limited access to unregistered Afghans (estimated to be around 1 million) who are arrested and subsequently deported through Chaman and Torkham borders under the 1946 Foreigners Act.
Since Afghans are not able to register with the Government of Pakistan since 2007 (with the exception of a short period in 2010 in which unregistered family members of registered families were allowed to register), UNHCR, through its legal partners, will conduct a screening at the police stations level when cases of arrest become known to identify persons with international protection needs among the arrested unregistered Afghans and provide access for them to the mandate RSD procedure.
Although refugee women do not face issues of arrest and detention due to their status as refugees, their access to justice remains a priority for UNHCR and its partners who are extending legal assistance, including in SGBV cases. Cultural and traditional barriers affect women more than men in accessing legal assistance and there remains a high need to increase refugee women’s awareness about their legal rights. Refugees generally do have access to the Family Courts, which resolve all types of family disputes, including marriage, divorce, maintenance and custody of children in accordance with the Muslim Family Law Ordinance of 1961, the Guardian and Wards Act of 1890, and other related laws.
UNHCR and its implementing partners will continue provide legal protection to its persons of concern through the network of Advice and Legal Aid Centres (ALACs) run by NGO partners. Through capacity-building activities and the provision of individual legal assistance, UNHCR will aim at ensuring that a minimum of 95 per cent of the persons of concern have access to legal assistance and legal remedies.
UNHCR in collaboration with its legal assistance implementing partners will also conduct capacity-building and awareness-raising activities for key actors, including judges, public prosecutors, police officers, implementing and operational partner staff, the civil society, academia, media and legal fraternity, which is expected - based on past experience - to indirectly benefit the persons of concern to UNHCR. Moreover, UNHCR will work with the relevant authorities to enhance protection in refugee villages, by ensuring that law enforcement authorities in those villages respect refugee rights and humanitarian principles, and that the civilian character of asylum is maintained.