This is project is co-funded by the European Refugee Fund and the Austrian Federal Ministry of the Interior Conference Reader Conference on asylum related questions regarding Afghanistan Vienna, 31.03/01.04.2011 Conference Reader Conference on asylum related questions regarding Afghanistan Vienna, 31.03/01.04.2011 Acknowledgements The publication of this conference reader has been financially supported by the European Refugee Fund and the Austrian Federal Ministry of Interior. The articles compiled in this reader represent a selection of contributions prepared for the c onference on asylum related questions regarding Afghanistan, held between March 31 and April 1, 2011 in Vienna. The publication has been jointly edited by ICMPD and the County of Origin Information Unit of the Austrian Federal Asylum Office. Disclaimer The views expressed in the Conference Reader are those of the authors only and do not necessarily reflect those of the European Union, its Member States, the Austrian Federal Ministry of the Interior or those of ICMPD. Contents Part 1. Afghanistan: Background Information ........................ 5 Historical Development of Afghanistan ......................................... 7 The security situation in Afghanistan ........................................... 19 Quantitative overview of asylum seekers from Afghanistan in European countries ........................................................................ 25 Part 2. Afghanistan: Refugee Protection ................................ 35 Groups at risk - Employees of the government .......................... 37 Groups at risk - Afghan women .................................................... 43 Part 3. Afghanistan: Subsidiary Protection ........................... 49 Subsidiary Protection - Afghanistan ............................................. 51 Hungarian State Practice in determining Subsidiary Protection applications of Afghan Asylum Seekers ...................................... 55 Part 4. Afghanistan: Unaccompanied Minors ........................ 63 Unaccompanied Asylum Seekers from Afghanistan at Risk .... 65 Unaccompanied minor asylum seekers from Afghanistan – the situation in Sweden ........................................................................ 75 Separated, asylum-seeking children in European Union Member States ................................................................................ 81 Part 5. Afghanistan: Return ...................................................... 91 Enforced Return and Assisted Voluntary Return to Afghanistan in Germany ...................................................................................... 93 Assisted Voluntary Return and Reintegration to Afghanistan 101 Annex 1: Agenda Afghanistan Conference ............................ 107 Annex 2: Description of Panelists ............................................ 113 Opening Speech Good Morning, Ladies and Gentlemen, I am honoured to welcome you in the Federal Ministry of Interior. First, let me say a few words about the organizational details of this conference. It is organized by the Country of Origin Information Unit of the Austrian Federal Asylum Office, the Staatendokumentation, and the International Center for Migration Policy Development. We are very delighted that so many experts on asylum issues accepted our invitation to attend this conference. I am convinced that it will be a very worthwhile meeting for all of us. Let me now address the topic of the conference. Afghanistan has been the top country of origin of asylum seekers in the Western industrialized countries in 2009 and 2010. We expect that this trend will continue this year. Germany, Sweden, United Kingdom, Belgium, Austria, Netherlands, Denmark and Norway have been the main destinations. Between 1999 and 2009 there were approximately 35 000 asylum applications by Afghan citizens in Austria. Today about 7700 Afghans live in Austria - most of them in Vienna. It has to be considered that the situation in Afghanistan is subject to ongoing change concerning security, aspects of subsidiary protection and so on. Hence, we have to react to these changes in a timely manner. This is our task and we all have gathered vast knowledge of Afghanistan in our specific type of work. Nonetheless, it is necessary to collect more accurate information on this important country of origin. Afghanistan is a particular challenge in this respect. It is essential for all of us to share and exchange information and experience. This conference is also for you an opportunity to establish or intensify ties to other experts and institutions in order to ensure the information flow even after the end of the conference. The aim of the conference is to gather the knowledge and experience from a variety of professions that are involved in asylum affairs. It is also an opportunity to improve communication between a number of institutions from across Europe: Today country of origin information 1 experts, judges of asylum law, international organisations and migration experts from Austria, Germany, Switzerland, United Kingdom, Sweden, the Netherlands, Hungary, Norway and Finland meet to discuss the current situation in Afghanistan and its implications on national decision practices in European countries. Upon all I hope this conference will provide a better understanding of Afghanistan for all of us. Thank you very much for showing your interest by attending this conference. I hope that you will find the scheduled presentations and discussions useful for your work. I wish you a very interesting and inspiring conference and a nice stay in Vienna. Thank you very much for your attention. Mathias Vogl, Director-General Legal Affairs, Austrian Federal Ministry of Interior 2 Preface The Conference on asylum-related questions regarding Afghanistan set its goal on looking at one of the main countries of origin of asylum seekers in European countries – Afghanistan – from different perspectives: Firstly, for decades, the history of Afghanistan has been dominated by armed conflicts and insecure political, economic, social and humanitarian situations within the country itself. Undoubtedly knowledge about Afghanistan is of great importance for the examination of asylum applications submitted by Afghan asylum seekers. Over the past few years, COI units in the main receiving countries have specialised in this particular country. During the Conference, COI experts from Austria, Finland, Germany, Norway and Switzerland shared their experiences based on extended research and fact-finding missions to Afghanistan. Secondly, the courts develop case law by ruling on different aspects of asylum claims during the appeals procedure. The various interpretations of the situation in Afghanistan, as well as the different national protection mechanisms in place, were presented by refugee judges from Austria, Germany, Hungary, the Netherlands, Sweden and the UK during the course of the Conference. Thirdly, over the years, international and national stakeholders have observed the situation in Afghanistan, as well as the situation of Afghan asylum seekers and refugees in countries of asylum. The results of this observation, the experience of their research, their practical experiences, conclusions and recommendations have additionally complemented the overall picture the Conference intended to offer. I would like to extend my gratitude to all panelists who shared their experience and knowledge within the framework of this Conference, as well as for their input during the preparation of the event, which have contributed to the present publication. The publication is thus a collection of contributions from several experts who participated in the Conference on asylum-related questions regarding Afghanistan . Peter Widermann, Director General, ICMPD 3 4 Part 1. Afghanistan: Background Information 5 6 Historical Development of Afghanistan by Christoph Erismann, Country Analyst at the Federal Office for Migration, Switzerland The hetero-ethnic character of the country and its geographical features have had impact on the history of Afghanistan. Time and again there have been conflicts between the various tribes as well as between these tribes on one hand and the central government on the other. Since the 19 th century Afghanistan has gained in strategical importance, which in turn has attracted the interest of foreign powers. The Durrani Empire In the middle of the 18 th century Ahmad-Shah founded in Kandahar what was later proclaimed to be the Kingdom of Afghanistan. His family clan, which belonged to the chief Pashtun tribal confederation called the Durrani, remained the ruling group of the state until the revolution in 1978. Around 1760, at the height of its power, the kingdom encompassed the whole of Kashmir, the Punjab, the Indus valley, Sindh and Baluchistan. Hence, it had access to the Indian Ocean. In 1773, after the death of Ahmad Shah Durrani, the capital was moved from Kandahar to Kabul, a city situated on the high plateau and inhabited by Tajiks. The following decades were marked by constant disputes within the king's family about the throne as well as by rivalry among the Durrani tribes themselves. To top it all there was a traditional hostility between the Durrani and the Ghilzai, the other tribal confederation of significance. The kingdom was thus unable to maintain the supremacy over the Islamic princes in the Sindh and in Baluchistan. In addition, by 1830 Kashmir and the territory of Punjab as far as Peshawar were lost in battles against