Repatriation of Afghan Refugees from Pakistan: Participation, Consultation and Consent in the Resettlement Process

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Repatriation of Afghan Refugees from Pakistan: Participation, Consultation and Consent in the Resettlement Process LUND UNIVERSITY • CENTRE FOR EAST AND SOUTH-EAST ASIAN STUDIES Repatriation of Afghan Refugees from Pakistan: Participation, Consultation and Consent in the Resettlement Process Author: Nauroz Khan Supervisor: Sidsel Hansson Master’s Programme in Asian Studies Spring semester 2016 Abstract Afghan refugees living in refugee camps in Pakistan are studied in this thesis. However, the repatriation and resettlement of Afghan refugees necessitate the durable solution strategy for their reintegration in home country. The previous program for the repatriation of Afghan refugees from Pakistan was subjected to complexities. This thesis analyzed the consultation and consent of Afghan refugees in relation to resettlement and repatriation. The previous repatriation program conducted by UNHCR, the Government of Pakistan and the Afghan government was critically studied. Besides the basic assistance, the consent and participation for the durable solution of Afghan refugees was critically analyzed. By reviewing academic studies and conducting interviews with Afghan refugees, it was analyzed that Afghan refugees were ignored in giving them ownership in the resettlement process. The rights of refugees are seldom addressed in the South especially in case of Afghan refugees which is highlighted in this thesis project. The findings suggested that refugees study was needed to pay attention to specific issues such as participation, consultation, consent and voices. Keywords: Repatriation, Resettlement, Afghan refugees, Consultation, Consent, Participation, UNHCR List of Abbreviations APS……………………..….. Army Public School ACSU…………………….... Afghanistan Comprehensive Solution Unit AR…………………………. Afghan Refugees ELA………………………... Emergency Loya Jirga GOP…………………………Government of Pakistan GOA…………………………Government of Afghanistan IDP…………………………. Internal Displaced Person KP………………………….. Khyber Pakhtunkhwa MORR ………………………Ministry of Repatriation and Refugees NRN…………………………National Refugee Network NGO……………………….. Non-Governmental Organization POR………………………… Proof of Registration SSAR………………………. Solution Strategy for Afghan Refugees TCRS………………………. Tanganyika Christian Refugees Services TTP………………………….Tehreek-e-Taliban Pakistan UNHCR……………………. United Nation high commissioner for Refugees UN………………………….. United Nation VRF………………………… Voluntary Repatriation Form Acknowledgment I want to thank all the staff at Lund University’s Centre for East and South-East Asian Studies. I want special thank to my Supervisor, Dr. Sidsel Hansson who give me courage and extensive support throughout the session. I am grateful to Dr. Ann Kull for academic support. I am thankful to Dr. Farhan Sarwar in Philosophy department Lund University for his concern and encouragement. I wish to thank my friend Dr. Asim Ibrahim who deepened my interest in this study. I am very much thankful, to my friend Babar Khan who make all the arrangements in Stockholm during my field work. I owe much to Babar Khan for his time and support in finding and locate my respondents. I am obliged to my friend Shehzad for his kind hospitality and invitation during my stay in Stockholm. I want to thank the Afghan community as well for hospitality, sharing their experiences and their time they give me. I am thankful to my wife Uzma Habib for supporting me in this thesis project. I wish my gratitude to my five years old son Azlaan Khan who remained cold and calm at home in my absence during my field work. Table of Contents Chapter # 1 Introduction 1 1.1 Problem Formulation … ……………………………………………………. 1 1.2 Aim of the Thesis…………………………………………………………….. 3 1.3 Research Question ………………………………………………………….. 3 1.4 Delimitation ………….……………………………………………………... 3 1.5 Thesis Disposition ….……………………………………………………….. 4 1.6 Thesis Contribution …………………………………………………………. 4 Chapter # 2 AR: Historical Background 5 2.1 In Legal Terms ………………………………………….....................………. 7 2.2 Border Situation …………...…………………………………………………. 7 2.3 Pukhtun Ethnic Ties ……….…………………………………………………. 7 2.4 Stigmatized Identity ……….…………………………………………………. 8 2.5 The Earlier Settlements ...….…………………………………………………. 8 2.6 The Current Situation of Refugees……………………………………………. 9 Chapter # 3 Methodology 10 3.1 Ontology and Epistemology ………………………………………………. 10 3.2 Qualitative Research ……………………………………………………..... 10 3.3 Case study ……….……………………………………………….………… 11 3.4 Interview site .........................................................................................….... 11 3.5 Method of Data collection …………………………………………………. 11 3.6 Interviews- primary data ...…………………………………………………. 11 3.7 Transcribing the Data.................................................................................... 12 3.8 Secondary Data...…………………………………………………………… 13 3.9 Reliability and validity …………………………………………………….. 13 3.10 Ethical consideration ………………………………………………………. 14 3.11 Challenges in the field ……………………………………………………... 14 3.12 Limitations ………………………………………………………………… 15 Chapter # 4 Literature Review 16 4.1 Introduction ………………………………………………………………… 16 4.2 Traditional assistance approach ……………………………………………. 16 4.3 Resettlement and Re-Unification ………..…………………………………. 17 4.4 AR in Pakistan ………………..……………………………………………. 18 4.5 Critical Study of (UN) Refugee Regime ….……………………………….. 19 4.6 Change in the Refugee Regime ……………………………………………. 20 4.7 The question of choice …………….………………………………………. 21 4.7 Muted voices ……………...……….………………………………………. 22 4.8 Invisibility ………………...……….………………………………………. 22 4.9 My Analytical Approach in this study ……………………….……….……. 24 Chapter # 5 Findings in the Field 25 5.1 Summary of the findings…………………………………………………… 25 5.2 Discussion on the Findings ………………………………………….…..… 28 5.3 Introduction ………………………………………………………….…..… 28 5.4 Choices, preferences and motivation …………………………….………… 31 5.5 The Emergency Loya Jirga (ELA) and AR Participation ………..………… 34 5.6 The Relationship between AR, GOP and Host Community ……..………… 37 5.7 Summing up ……………………………………………….……..………… 37 BIBLIOGRAPHY…………….………………………………………………… 39 Interviews …………….……………………………………………………….... 48 Interview guide .................................................................................................... 48 INTRODUCTION This chapter introduces the research problem following a short introduction, the aim of the thesis, research question including delimitation, thesis disposition and thesis contribution is provided in this part of the paper. Afghan Refugees (AR) mostly Pukhtun ethnic housed by Pakistan in Khyber Pakhtunkhwa (KP) province constitutes the largest protracted population of the world. Refugees are residing in camps primarily dependent on rehabilitation assistance, community support and self employment (Christensen, 1989, Sadat, 2008, Kucher, 2005:6). The repatriation of refugees to their country of origin has been considered by the international community as the durable and most feasible solution. Thus voluntary repatriation to return home is regarded as a basic human right (Stigter, 2006: 111-112). The repatriation process of AR has been assisted multiple times by the United Nation High Commissioner for Refugees (UNHCR) and Government of Pakistan (GoP). This was a forward step to obtain durable solution by repatriation, reintegration, rehabilitation, and reconstruction in the country of refugees’ origin. The largest return took place between 2002 and 2005, emphasized to prevent returnees from being displaced once again. Repatriation is promoted because of the right of an individual to go home. However, sustainable return and its implementation are less straightforward when repatriation takes place in countries with ongoing conflict and fragile infrastructure. Agencies generally pay less attention to provide a critical analysis of what they ‘conceive to be home’ and whether the return could be permanent or of a temporary nature (Stigter, 2006: 110-111). “Return may as well be an expression of an adherence to and reconfirmation of social networks that provide physical , social and legal protection and give meaning to the individual’s life” (ibid). It should be noted that the consent of the returnees was obscure and the fragile structure of Afghanistan could not absorbed the massive return of refugees. The repatriation of AR will examine the consultation, consent and resettlement in this paper. Problem Formulation: Qualitative research necessitates the need to provide a rationale or reason for studying the problem (Creswell, 2007: 102). The voluntary return in safety and dignity of all AR has always been anticipated by the GoP and UNHCR respectively. The lack of clarity about how events will unfold leaves refugees 1 uncertain about repatriating (Khan, 2014: 22). A considerable number of AR repatriated to Afghanistan in 2002 and 2005. It was considered a positive move on the part of UNHCR with contribution of Pakistan’s government. This phase of repatriation did not last long while refugees came back to Pakistan in excessive numbers. This program was lacking many important issues that needed to be addressed. Of these, the absorption capacity inside Afghanistan, the absence of prior consent from returnees, very nominal compensation, and a very poor strategy of resettlement were included. Nevertheless, the previous phase of repatriation was short term; therefore it is evident that the current influx of refugees is still exists in a considerable number. The registered and unregistered− refugees are a big challenge in the repatriation process. Therefore, it is also unclear how the next repatriation program will take place, and which group of refugees will be part of the process.
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