Legal remedies and legal assistance

2019
UNHCR’s nine Advice and Legal Aid Centers (ALAC) provided legal assistance to a total of 32,147 people of concern. This included 973 direct interventions to secure the release of 1,405 people of concern who were arrested and detained by law enforcement agencies across the country.

Throughout the country, the arrest and detention situation remained largely unchanged, with a slight increase (4%) compared to 2018. At the provincial level, reported arrests and detentions remained higher in Khyber Pakhtunkhwa (52%) and Islamabad Capital Territory/Punjab/Sindh/Azad Jammu Kashmir (38%), compared to Baluchistan (10%).

ALAC teams represented a total of 702 people of concern (557 in Khyber Pakhtunkhwa; 129 in Islamabad Capital Territory/Punjab/Sindh/Azad Jammu Kashmir; and 16 in Baluchistan) in court cases pertaining to arrests and detentions and other matters involving protection concerns. ALAC’s effective and efficient responses resulted in securing the release of all those who were not formally charged, thus effectively lowering the number of cases requiring court representation.

ALAC partners trained a total of 1,552 officials including law enforcement agencies, judiciary and public prosecutors in 49 training sessions across Khyber Pakhtunkhwa, Islamabad Capital Territory/Punjab/Sindh/Azad Jammu Kashmir, and Baluchistan. All trainings planned for law enforcement agencies and public prosecutors were conducted successfully. These advocacy initiatives and capacity-building sessions represented major contributing factors to reducing instances of arrest and detention, and to improving the protection environment for refugees.

The Office did not witness any major constraints towards freedom of movement of Afghan refugees, nor did UNHCR witness reported cases of refoulement; however, challenges related to inter-provincial movement, particularly from Balochistan to other provinces, remained.

A total of 674 legal camps/shura meetings were held, in which some 14,190 people of concern participated. ALAC staff provided individual legal counselling to 7,774 people of concern. In addition, 7,102 were counselled through ALAC helplines and out-of-court individual assistance was provided to 960 individuals country-wide. Counselling assistance related mainly to police harassment, Proof of Registration (PoR) card renewals and modifications, rental agreements and affidavits. In Quetta, 12 radio programmes were broadcasted on available legal assistance programmes for refugees.

Additionally, two capacity-building workshops were organized for ALAC and pro bono lawyers to strengthen their legal and managerial knowledge on refugee-related cases. A total of 59 lawyers were trained. UNHCR’s legal team in Quetta developed a capacity development plan for partner staff and conducted five trainings in July 2019. These training sessions were attended by four ALAC partner staff members.

In Peshawar, UNHCR organized two consultative meetings and one roundtable discussion with Khyber Pakhtunkhwa Provincial Assembly members in a bid to sensitize them on the status of Afghan refugees, the role of UNHCR and advocate for improved treatment and inclusion of Afghan refugees in national social services, with a specific focus on health and education sectors. These initiatives contributed to an improved understanding of the Afghan refugee situation among Parliamentarians, leading to enhanced protection space and collaboration. Furthermore, the Office contributed to the consultative meetings organized by the Khyber Pakhtunkhwa Commission on the Status of Women, along with the Law Department of Peshawar University, aimed at reviewing the draft Khyber Pakhtunkhwa Domestic Violence Bill. The draft Bill aims to provide protection to women, including refugees and other foreigners, against domestic violence, including sexual, psychological and emotional abuse, as well as stalking.

UNHCR in Quetta signed a project partnership agreement with the International Center for Refugees and Migration Studies (ICRMS) at the Balochistan University of Information Technology, Engineering and Management Sciences (BUITEMS), under the title ‘Advocacy activities through ICRMS to maintain asylum space for refugees in Baluchistan.’ The project was implemented from August to December 2019.