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VII. REFUGEE PROTECTION AND ASSISTANCE IN IRAN

Background: Governmental Focus on Sending Afghan Refugees Home
The year 2000 marked a legal turning point for Afghan refugees when Iran passed a law known as "Article 48" as part of the government's five-year development plan. The law established the parameters for the repatriation of Afghan refugees, through a process administered by the Iranian Bureau of Aliens and Foreign Immigrants Affairs (BAFIA). All Afghans without work permits were required to leave, unless they could demonstrate that they would face physical threats on return.50

In order to prevent forced repatriation and safeguard against refoulement, UNHCR negotiated a repatriation plan in conjunction with BAFIA, which began on April 8, 2000. By the end of 2000, 130,000 Afghans had repatriated, and 80,000 had been recognized as refugees by UNHCR and allowed to remain in Iran. However, those who had been found to be in need of protection were only "permitted to remain temporarily in provinces determined by the Iranian government until such a time as the situation is conducive for their return."51 The permits issued in pursuit of this policy restricted the movements of refugees to one province.

This repatriation scheme raised a series of concerns. UNHCR asked Iran to apply the Refugee Convention definition of who was in need of refugee protection. Instead, certain groups, in particular the educated and politically active were singled out for protection, excluding many uneducated farmers subject to persecution in Afghanistan on religious or ethnic grounds.52 NGO observers charged that Afghans who repatriated outside the UNHCR program were coerced into leaving, although the government insisted these were "spontaneous returns."53 UNHCR statistics indicated that 82,000 Afghan men and 8,300 families were forcibly returned to Afghanistan between January and July 2001,54 and push-backs of Afghan refugees at the border were frequent, although there were no exact figures. During the same time that these returns were occurring, the effects of prolonged drought in Afghanistan were becoming increasingly severe, causing many Afghans to leave for Iran in the first months of 2001.

Despite attempts by the government of Iran to seal the border, UNHCR estimated that 700-1,000 Afghans were entering Iran each day during the first half of 2001.55 In July and August, Afghans in Iran organized protests against the continuing deportations and denial of the right to work; Iranians who believed that Afghans were responsible for unemployment and economic problems met the protests with a xenophobic and violent backlash.56 In August, further demonstrations by Afghans called upon the government and UNHCR to delay repatriation. Following September 11 all formal repatriation programs were suspended, but deportations and push-backs continued.

Border Closures and Establishment of Camps inside Afghanistan
In March 2001, Iran announced that it had spent more than 18 million dollars in a year to seal its border with Afghanistan to prevent drug smuggling and further influxes of refugees.57 Afghans compelled to flee during this period therefore had to enter Iran illegally.

Instead of allowing refugees to enter its territory, Iran (and later Pakistan) supported the establishment of camps on the Afghan side of the border. Iran indicated that it would provide humanitarian assistance to refugees, but only inside Afghanistan. Despite initial statements indicating that a series of camps would be established inside Afghanistan, by December 2001 only two camps had been set up with the assistance of the Iranian Red Crescent. These camps posed serious risks for the security of the refugees. Mile Forty-Six camp was established in an area under the control of Northern Alliance forces, while Makaki camp was, until Northern Alliance advances in mid-November, in a Taliban controlled area. UNHCR raised concerns about the safety of displaced people and aid workers, particularly in Makaki camp. It was feared that the presence of Taliban fighters and heavy artillery inside and around the camps could result in civilians being caught in the middle of fighting between warring Taliban and Northern Alliance forces. There were also fears that the refugees would be used as human shields or that the Taliban would forcibly recruit men and boys.

November brought increasing numbers of arrivals to the border areas with Iran, and in the first week of that month, local Red Crescent officials stated that Makaki was unable to take in any more refugees.58 Despite this, Iran's interior minister, Abdolvahed Musavi-Lari, asserted that it was ". . .practically impossible to accept new refugees. It is better and more efficient to provide the refugees with assistance inside their home country for humanitarian reasons."59 Deteriorating conditions inside Makaki camp and elsewhere inside Afghanistan, however, suggested that the provision of assistance inside Afghanistan was neither better nor efficient.

The lack of security in the camps made it extremely difficult for aid agencies to operate with the required degree of safety. Only a few, including the Iranian Red Crescent and Medécins Sans Frontieres, were able or willing to work in the camps. By mid-November, several thousand Afghans were camped in the open around Makaki camp, which was already filled beyond capacity with seven thousand displaced persons.60 As winter approached, aid agencies expressed concern about the health of the displaced people. Respiratory infections, dysentery and malnutrition were widespread. Although the Iranian Red Crescent had offered to relocate those outside Makaki camp to Mile Forty-Six, many declined, as they were ethnic Pashtuns who feared being relocated to Northern Alliance-held territory. Border closures made it difficult for aid agencies to efficiently deliver aid stockpiled inside Iran, while the camp itself was between two warring armies.61 On November 5, a twelve-year-old boy was caught in the crossfire and later died in the then Taliban-controlled Makaki camp.62

On November 12, 2001, UNHCR reported that Makaki camp was caught between Taliban troops, who still controlled the camp, and advancing Northern Alliance troops pushing to take control of the area. The imminent conflict put those inside the camp at risk and caused aid workers reluctantly to withdraw. Makaki camp was also infiltrated by armed Taliban fighters and stockpiled with military hardware. On November 14, 2001, there were clashes in and around Makaki camp, after which the area fell under the control of the Northern Alliance.63 This situation at Makaki camp demonstrated the problems associated with attempting to provide in-country protection to refugees in a situation of armed conflict that could have been avoided if camps had been established inside Iran.

Conditions at Mile Forty-Six camp were also desperate by December 5, 2001, especially because the initial population of one thousand had swelled to over five thousand.64 Particularly affected were children and families trapped outside the camp because of overcrowding. UNHCR reported that six children died of cold at the beginning of December.65 Thousands of displaced Afghans were initially unable to gain access to the overcrowded camp, although eventually, after pressure from relief agencies, the Iranian Red Crescent agreed to allow the displaced Afghans stranded outside Mile Forty-Six to register, which gave them access to humanitarian assistance.66

Lack of Registration and Forced Returns from Iran to Afghanistan
Contrary to UNHCR ExCom Conclusion No. 91 on the registration of refugees,67 Iran refuses to register any new arrivals from Afghanistan, referring to them as "economic refugees." As such they are not considered eligible for any economic assistance from the government and are left to subsist only with the help of aid organizations. Since they are neither registered nor afforded any other legal status in Iran, Afghan refugees are vulnerable to summary return by the government.

Despite official statements to the contrary from Tehran, Iran returned Afghans who had managed to cross the border during the last months of 2001. These returns also undermined previous assurances that Iran had given to UNHCR that refugees who were in need of protection would be allowed to remain temporarily in Iran.68 On November 9, 2001, UNHCR reported that the Iranian authorities had deported at least 350 refugees in a matter of days.69 U.N. officials also reported that in one day in late January, 2002, sixty-four Afghans were forced back. UNHCR also reported a rise in spontaneous returns, particularly of Afghans who were ethnic Uzbeks, Tajiks and Hazaras who had fled conscription and abuses by the Taliban, to areas captured by the Northern Alliance.

Representatives of the International Organization for Migration (IOM) and UNHCR visited Iran in mid-November to discuss the voluntary repatriation of two million refugees to Afghanistan.70 UNHCR suggested that a large-scale program could begin in the spring of 2002, but strongly advised against any returns before that time.71 On November 20, 2001, UNHCR announced that it had reached an agreement with Iran to carry out an organized voluntary repatriation program in early 2002.72 Even if such a program is put in place, however, protection must be available to individuals who are refugees and who are unable or unwilling to return voluntarily, in accordance with international standards and Iran's obligations under the Refugee Convention.73

Governmental Attitude towards Refugees
Iran's interior minister stated on November 13, 2001, that Afghan refugees were provided with "educational, health and medical requirements [and] enjoy subsidized services and commodities such as telecommunications, public transportation and food, as well as legal procedures and law enforcement."74 However, many of these benefits were suspended in the mid-1990s.75 First, contrary to international standards and Iran's obligations, most undocumented Afghan refugee children living in urban areas inside Iran are denied access to education.76

Second, in the last two years, government statements have repeatedly associated unemployment, crime and drug problems in Iran with Afghan refugees in the country. Most Afghans do not have work permits and often feel obliged to work illegally in order to subsist. In March 2001, an Iranian labor ministry official was quoted as saying that the repatriation of Afghans would solve "a major part of the existing unemployment problem for unskilled workers" in Iran.77 Even those accepted as refugees in Iran have been denied the right to work, and Iran has entered a formal reservation against Article 17 of the 1951 Refugee Convention, which sets out this right. Iran's interior minister said that "the Afghans have taken away some 900,000 job opportunities, while Iran is confronted with an unemployment rate of 14 percent."78 Given the difficult living conditions for Afghans in Iran, as well as discrimination and public and government hostility, "spontaneous" returns to Afghanistan are more connected to push-factors inside Iran than to any genuine assessment that safe return to Afghanistan is possible.

Iran's International Obligations to Refugees
Iran's obligations to refugees stem primarily from the Refugee Convention, to which Iran became a state party in 1976. Particularly important is Article 33, the prohibition against refoulement, which is the cornerstone of refugee protection. Under this provision Iran has agreed not to return a refugee in any manner whatsoever to a territory where his or her life or freedom is threatened. This encompasses border push-backs, as well as return of those who are in need of international protection, and applies to prima facie refugees before their status has been formally determined.79 The Refugee Convention also provides recognized refugees with significant rights, such as public relief, the right to work, freedom of movement, and access to the courts.

Iran has a seat on UNHCR's Executive Committee (ExCom)80 and in this capacity has supported an array of conclusions designed to strengthen refugee protection.81 Iran is also party to the two international human rights covenants, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Both covenants provide a significant range of rights to refugees within Iran's jurisdiction.

50 See UNHCR, Iran Mid-Year Report, 2001.

51 "Focus on Returnees from Iran," IRIN News Release, October 2, 2000.

52 U.S. Committee for Refugees, Iran Country Report, 2001

53 "Focus on Returnees from Iran," IRIN News Release, October 2, 2000.

54 UNHCR, Mid-Year Progress Report, Iran, 2001.

55 Ibid.

56 Agence France Presse, "UNHCR Reports anti-Afghan Violence in Iran," July 24, 2001.

57 Agence France Presse, "Iran Spends Eighteen Million Dollars to Tighten Afghan Border," March 8, 2001.

58 Agence France Presse, "Afghan Refugees Protest Lack of Tens, Food at Camp Near Iran Border," November 2, 2001.

59 "Interview with Iranian Interior Minister," IRIN News Release, November 13, 2001.

60 Dow Jones International News, "Afghan Refugees Gather Near Iranian Border," November 12, 2001.

61 UNHCR, Briefing Notes, November 13, 2001

62 UNHCR, Humanitarian Update No.41, at www.unhcr.ch. As of the time of writing, this incident appeared to be an isolated occurrence.

63 It was reported that the humanitarian situation had improved in the camp by mid-January. However, Medécins Sans Frontieres emphasized that "the fact that more men had joined their families had raised some tension in the camps." BBC News, "Conditions Improve at Afghan Refugee Camps Run By Iran," January 10, 2002.

64 BBC News, "Iran's Refugee Camps in Afghanistan Reportedly Filled to Capacity," December 5, 2001.

65 Agence France Presse, "Children Die of Cold in Afghan Refugee Camp," December 10, 2001.

66 U.N.O.C.H.A., "Afghanistan: Iranian Red Crescent Accepts Unregistered Refugees," December 11, 2001.

67 ExCom Conclusion No. 91, Registration of Refugees and Asylum-seekers, 2001 specifically requests States "to take all necessary measures to register and document refugees and asylum seekers on their territory as quickly as possible." This request is made after ExCom "acknowledges the importance of registration as a tool of protection, including protection against refoulement."

68 IRIN, "Focus on Returnees From Iran," October 2, 2000; Radio Free Europe, "Iran: Laws Threaten Afghan Refugees," January 15, 2001.

69 UNHCR, Afghanistan Update No. 31.

70 Iran became a full member of the IOM on November 27, 2001.

71 Agence France Presse, "Iran, UNHCR Agree on Return Plan for Afghan Refugees," November 20, 2001.

72 Ibid.

73 See section of this report entitled "Fear of Return to Afghanistan," The discussion in this section is based on interviews with refugees in Pakistan. However, the fears of return may be quite similar for refugees in Iran.

74 "Interview with Iranian Interior Minister," IRIN News Release, November 13, 2001, at www.reliefweb.int.

75 U.S. Committee for Refugees, Iran Country Report, 2001.

76 Ibid. UNHCR recognizes the importance of working with NGOs and host governments to provide, at a minimum, basic primary education in literacy and numeracy to refugee children. See UNHCR, Refugee Children: Guidelines on Protection and Care, 1994, p. 111. Iran, as a member of ExCom, in its Conclusion No. 47, Refugee Children, 1987, called for the intensification of "efforts. . .to ensure that all refugee children benefit from primary education of a satisfactory quality." Finally, Article 22 of the 1989 Convention on the Rights of the Child, to which Iran is a Party requires that refugee children should receive appropriate protection and humanitarian assistance in the enjoyment of the rights enumerated in the Convention. Articles 28 and 29 set forth the rights to education that Iran should ensure. Article 28 states that parties shall "make primary education compulsory and available free to all."

77 Agence France Presse, "Iran Hopes Refugees' Repatriation Will Create 1.8 Million Jobs," March 9, 2001.

78 "Interview with Iranian Interior Minister," IRIN News Release, November 13, 2001, at www.reliefweb.int.

79 See discussion of prima facie refugee status in the text accompanying notes 44-46.

80 See description of ExCom, note 11, supra.

81 See text accompanying notes 170 and 171, infra, which describes some of the most relevant ExCom Conclusions.

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