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Afghanistan and Refugees: Need for Humanitarian Action

Statement by Human Rights Watch to the Senate Foreign Relations Committee

Twenty years of civil war, political turmoil, continuing human rights violations and recent drought have already displaced more than five million of Afghanistan's population. Some four million refugees are displaced in neighboring countries and across the world, while another one million people are internally displaced within Afghanistan. Before September 11, severe drought had brought the country to the verge of famine and existing Taliban restrictions on relief agencies had severely hampered the delivery of assistance and civilian access to basic services.

Now that U.S. and British air strikes have begun, the humanitarian situation is even more urgent. Unfortunately, the recent strikes killed four workers involved in de-mining operations inside Afghanistan, which is considered one of the most heavily mined countries in the world. Landmines are concentrated in the border regions to which refugees are likely to flee.

If the situation was bad for Afghan civilians, displaced persons, and refugees before the September 11 attacks on New York and Washington D.C, it only worsened in the three weeks afterwards. Conditions inside Afghanistan as of early October have deteriorated dramatically and aid agencies are warning of a humanitarian disaster of epic proportions.

The withdrawal of all international relief agency staff after the September 11 attacks when the Taliban declared that it could no longer guarantee their security has exacerbated an already dire situation. Border closures have severed the supply of aid into Afghanistan. At the same time the Taliban are reported to have confiscated food supplies from the United Nations and relief agencies and shut down U.N. communication networks. Many relief agencies report that they have been unable to contact their local staff since the September 11 attacks and thus information about conditions inside the country is scant. The World Food Program (WFP) warned shortly after the attacks that food supplies inside the country could only last two to three weeks. Limited food deliveries were resumed to the borders of northern and western Afghanistan at the end of September, but as of October 8, WFP announced that all food deliveries inside and outside the borders of Afghanistan had been stopped in response to the US military air strikes. Airdrops by the U.S. military of food and medical supplies have been met with skepticism by aid agencies outside the U.N. system, because of the lack of in-country staff to deliver the supplies and to properly administer medicines to needy populations.

After the September 11 attacks, fear of retaliatory military action and forced conscription by the Taliban, politically motivated attacks by the Taliban against particular ethnic groups believed to be sympathetic to the opposition, as well as the ongoing humanitarian crisis in Afghanistan have caused tens of thousands of Afghans to flee, most of them towards Pakistan.

All six countries neighboring Afghanistan, including Pakistan, Iran, Tajikistan, Turkmenistan, Uzbekistan, and China, officially closed their borders to refugees both on security grounds and citing an inability to economically provide for more refugees. Like Pakistan and Iran, Tajikistan's borders had been closed to Afghan refugees for the past year. Pakistan's actions were reportedly in direct response to a request from the U.S. to strengthen security in an effort to apprehend those responsible for the U.S. attacks. Although tens of thousands of refugees have been able to cross into Pakistan, thousands more - most of them women and children - have been trapped at the border with no shelter, food, water, or medical care. UNHCR has reported that several women have given birth while waiting to cross the border into Afghanistan.

While countries in the region do face legitimate security concerns at this time, measures must be found to address these concerns without denying refuge to those fleeing civil conflict, human rights violations, the fear of military threats and conscription, and the looming humanitarian crisis inside Afghanistan.

Host and donor governments, in collaboration with the United Nations, should keep all borders open to fleeing refugees in line with neighboring countries' international obligations, while simultaneously developing a coordinated strategy to effectively identify and separate militants and armed elements from civilian refugees.

Pakistan:

Pakistan is host to some two million Afghan refugees, and despite having officially closed its borders, many more Afghans are crossing into Pakistan each day. Pakistan's border with Afghanistan is 1,560 miles long, making it difficult to control. The current humanitarian crisis in Afghanistan and impending U.S. military action has led to an increased influx of refugees, particularly at the Chanam border crossing near Quetta in Balochistan province. Approximately 15,000 refugees have reached the Chanam border; attempts to prevent thousands more Afghans from crossing have led to clashes between border guards and refugees. Concerned about deteriorating humanitarian and security conditions for refugees trapped at the Chanam border crossing, UNHCR was negotiating with the Pakistan authorities to allow the refugees entry into Pakistan. In a report on October 1, however, UNHCR stated that thousands of the refugees had left the border area, supposedly retreating back into Afghanistan and seeking other ways into Pakistan. Since then, each day several hundred refugees arrive in Pakistan via mountain roads, but as of October 8, Pakistan continues to officially refuse to re-open its borders. The Taliban have also established checkpoints along routes to Pakistan to prevent those without passports and visas from leaving the country.

UNHCR is preparing to provide relief to those fleeing the country and the Pakistan government has stated that it will provide assistance to those refugees who manage to enter the country. Some one hundred new refugee sites have been identified by the Pakistan authorities in the North West Frontier Province, which could accommodate up to one million people. The sites are located in what are known as Pakistan's Federally Administered Tribal Areas - largely lawless territories close to the Afghanistan border. The new sites lack adequate water supply and infrastructure and Human Rights Watch is concerned by reports that refugees may be held under detention-like conditions. Location of refugee camps in these areas could seriously endanger the well-being, safety and security of the refugees. International standards stipulate that refugee camps should be located at a safe distance from international borders to avoid cross-border attacks or military incursions and that refugees should not be held in detention-like conditions. In addition, all sites currently identified lack adequate water, an issue that promises to plague internally displaced and refugee populations throughout the region. On October 8, UNHCR offices were stoned and personnel were unable to travel to border regions because of demonstrations in Quetta and Peshawar. The UNICEF office in Quetta was burned by protesters, as were the offices of two NGOs working with refugees located in the northwest border regions.

Iran:

Iran's frontier with Afghanistan is 560 miles long. In the wake of proposed U.S. military action in Afghanistan, Iran has closed its border expecting large numbers of Afghan refugees to attempt to cross. Iran has indicated that it wishes to provide humanitarian assistance only inside Afghanistan with the consent of the Taliban. To this end, seven refugee camps have been proposed for the border region between Afghanistan and Iran, but on Afghan soil. These camps will be designed to hold a maximum of 200,000 refugees between them. Iranian newspapers have reported that the interior ministry called upon Iranian relief organizations to provide emergency aid, although relief workers have so far reported that few refugees have reached the Iranian border. The Office of the U.N. High Commissioner for Refugees (UNHCR) reported that the Iranian Red Crescent moved tons of relief items to the border in preparation for possible new arrivals. So far, Iran has not responded to calls from UNHCR or international NGOs to officially reopen its borders, although reportedly small numbers of refugees are being allowed to cross. Recent reports indicate that hundreds of Afghans seeking refuge from the military air strikes were unable to cross into Iran because of border closures. Iran has sent extra troops into the eastern border region to maintain security and keep the borders closed.

Tajikistan:

Recovering from its own 1992-1997 civil war, the situation in Tajikistan is still unstable. The war, which caused massive internal displacement, has compounded the country's problems. Tajikistan's frontier with Afghanistan has been closed since September 2000. The Tajikistan government, unable to adequately defend the border itself has been relying on thousands of Russian Federal border guards to guard its frontiers.

There are currently over 10,000 internally displaced Afghans on islands in the Pyanj River, waiting for an opportunity to cross into Tajikistan, some of whom receive assistance from aid agencies. UNHCR has estimated that as many as 50,000 Afghans in neighboring provinces close to the border may also leave their homes should the current crisis escalate. Other estimates put this figure as high as 120,000. On September 20, the President of Tajikistan, Emomali Rakhmonov, stated that the country would not be prepared to let a single refugee into the country. He cited a threat of infiltration by Islamic militants as well as serious economic problems as his major concerns.

China, Turkmenistan, and Uzbekistan:

All three other countries have also closed their borders. China's relatively narrow border with Afghanistan is the least accessible route out of the country. Uzbekistan's frontier has been reinforced, with the government citing concerns about Islamic militancy as the justification. Turkmenistan's foreign minister indicated a willingness to work with UNHCR, although it is not clear whether this means that the border would reopen in the event of an influx of refugees.

Policy Recommendations:

There is an urgent need for international cooperation to address the humanitarian crisis inside Afghanistan, to assist countries in the region to cope with large-scale refugee flows, and for western states to take their share of Afghan refugees. Countries should not use legitimate security concerns in the face of the September 11 attacks as an opportunity to close their borders or introduce legislation that further restricts the rights of all refugees, asylum seekers, migrants, or other non-citizens.

Afghanistan's neighbors should work quickly to establish procedures, in conjunction with UNHCR and donor governments, to separate armed elements from refugees. In this way they can keep their borders open and comply with their obligations under international refugee law, as well as their humanitarian obligations, while maintaining national security. Urgent steps should be taken to help these countries to cope with the potential mass influx of refugees.

Human Rights Watch makes the following recommendations.

To the Taliban authorities:

  • As a matter of urgency allow international relief and U.N. agencies full, free, and unimpeded humanitarian access to all civilians inside Afghanistan, including the internally displaced, with full security guarantees.
  • Cease immediately the confiscation of humanitarian supplies from relief and U.N. agencies and restore to the extent possible full communication networks for U.N. and relief agencies.

To neighboring countries:

  • Re-open borders to refugees from Afghanistan and provide them with adequate protection.
  • The deportation of Afghan refugees must cease immediately.
  • As a matter of urgency and in collaboration with donor governments and United Nations agencies, develop a coordinated strategy to effectively identify and separate militants and armed elements from civilian refugees. Separation should take place inside host countries at the border and involve an international monitoring presence.
  • The establishment of cross-border camps, safe havens, or humanitarian zones within Afghanistan should not be considered as an alternative to refuge in neighboring countries.
  • Refugee camps should be established in safe, accessible areas in neighboring countries and located at a safe distance from international borders in accordance with international refugee protection standards. Camps should be set up in areas with adequate infrastructure and water supply and humanitarian agencies should have full, free and unimpeded access to the camps. Refugees should not be held in camps under detention-like conditions.

To governments in industrialized countries:

  • Continue to allow asylum seekers access to fair and efficient asylum determination procedures. Tougher immigration controls, including anti-terrorist and anti-smuggling measures, should not infringe on the rights of all asylum seekers to access fair and efficient asylum determination procedures, and should in no way undermine government's international obligations prohibiting arbitrary and indefinite detention and the return of refugees and asylum seekers to territories where their lives or freedom may be threatened.
  • Urgent measures must be taken to counteract and prevent growing xenophobic and racist attacks against nationals, immigrants, asylum seekers, and refugees on the basis of their ethnic origin, nationality, religious and political beliefs and backgrounds. Increased protection should be provided to these groups, and government leaders should take the lead in countering racial, religious, or ethnic discrimination.
  • Immigration control measures must include procedural safeguards in conformity with international standards for migrants, refugees, and asylum seekers arrested, detained, and in the process of deportation.

To donor governments:

  • The Bush Administration's commitment of $320 million in immediate humanitarian aid both for refugees and the population inside Afghanistan is a good start, but clearly more is needed.
  • International responsibility-sharing measures should be urgently put in place to respond to the humanitarian crisis inside Afghanistan and potential refugee flows.
  • Immediate humanitarian assistance must be provided to civilians inside Afghanistan to prevent further humanitarian disaster and options for ensuring that assistance reaches those most in need, especially the internally displaced, must be urgently explored.
  • Urgently provide international assistance to neighboring countries and countries in the region to cope with the potential outflow of refugees from Afghanistan.
  • Governments outside the region, particularly industrialized states, should explore emergency resettlement possibilities for Afghan refugees.

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