05.2004 - Source: European Council on Refugees and Exiles

Guidelines for the Treatment of Afghan Asylum Seekers & Refugees in Europe ("Guidelines for the Treatment of Afghan Asylum Seekers and Refugees in Europe") [#22462],  [ID 1509]

"17. ECRE considers that certain categories of individuals amongst the Afghan population may have ongoing protection needs that remain unchanged despite recent political developments in Afghanistan. These groups include:
- Pushtuns, who have suffered violence and harassment in the northern provinces because of their perceived allegiance to the Taliban. Some 60,000 Pushtuns are said to be present in the southern provinces refusing to move back for fear of persecution.
- Many former members of the former ruling communist party PDPA and the agents of the secret service KhADD who still fear violence, harassment and discrimination for their roles in the communist government, despite the co-operation of many with the new administration.
- Former members of the Taliban, many of whom will have been forcibly recruited, who may be at risk from the Northern Alliance.
- Religious groups in areas where they constitute minorities at risk of persecution including Hindus, Sikhs, Shiites, Sunnis and Ismailis.
- Groups at risk of forced recruitment, which is still being carried out by militia groups in the North, with reports of executions of those refusing recruitment.
- People at risk of persecution on grounds of sexual orientation.
- Journalists who have been receiving anonymous threats, for example in Kabul and Herat.
- Others who fear that they would be victims of violence, in a situation in which there is no law or order, on the basis of a settling of old scores.
- Women and girls who suffer gender-based persecution such as forced marriages."

Document(s): Open document

15.04.2003 - Source: European Council on Refugees and Exiles

ECRE: Pashtuns, former communists, religious and sexual minorities, as well as journalists considered to be at risk; no means of support for single women; internal flight alternative not an option ("Guidelines for the Treatment of Afghan Asylum Seekers & Refugees in Europe") [#12087],  [ID 1510]

"15. European States should give all Afghan asylum claimants the opportunity to lodge an application and have it processed with minimum delay. ECRE considers that certain categories of individuals amongst the Afghan population may have ongoing protection needs that remain unchanged despite recent political developments in Afghanistan. These groups include:

• Pashtuns, who have suffered violence and harassment in the northern provinces because of their perceived allegiance to the Taliban. Some 60,000 Pashtuns are said to be present in the southern provinces refusing to move back for fear of persecution.
• Many former members of the former ruling communist party PDPA and the agents of the secret service KhADD still face violence, harassment and discrimination for their roles in the communist government, despite the co-operation of many with the new administration.
• Religious minorities are at risk of persecution including Hindus, Sikhs, Shiites, Sunnis and Ismailis.
• Groups endangered by forced recruitment which is still being carried out by militia groups in the North, with reports of executions of those refusing recruitment.
• People endangered by persecution on grounds of sexual orientation.
• Journalists have been receiving anonymous threats; for example in Kabul and Herat.

16. It should also be noted that position of women has changed little despite the lifting of formal legal restrictions on their movement by the Kabul government. There is frequent harassment in public places, affecting access to education, health facilities, jobs and leisure, in a number of areas women rarely go out in public. Domestic violence is widespread and there are no effective mechanisms to seek assistance or redress. Despite its illegality, girls as young as nine years old are married without intervention by the government. Returning female head of households or single females without family to return to will have no means of supporting themselves in Afghanistan.
[...]
18. For people facing persecution an internal flight option is not a viable alternative to granting asylum, as has been suggested by some governments. Considering the unsafe situation on the roads and general lawlessness and total lack of respect for human rights in our view this does not constitute effective protection."

Document(s): Open document

15.04.2003 - Source: European Council on Refugees and Exiles

Forced return should only take place after the passage of reasonable time ("Guidelines for the Treatment of Afghan Asylum Seekers & Refugees in Europe") [#12087],  [ID 2535]

"The European Councils’ Return programme recommends that forced return should only take place “after the passage of reasonable time” . We would recommend that the reasonable time for such returns would be when a basic infrastructure is in place in Afghanistan to uphold the rule of law and protect the human rights of Afghans, and when the country is in a stable enough position to absorb the number of people who have already returned. These conditions do not exist at present. Furthermore in order to ensure the success and sustainability of return programmes all attempts must be made to elicit the individuals consent and co-operation prior to the return process taking place."

Document(s): Open document

21.02.2002 - Source: European Council on Refugees and Exiles

ECRE: Groups in need of international protection ("Guidelines on the treatment of Afghan asylum seekers and refugees in Europe") [#5622],  [ID 1511]

"Despite the establishment of a UN-mandated International Security Assistance Force to assist the Afghan Interim Authority in the maintenance of security in Kabul and its surrounding areas, arbitrary action and high levels of insecurity in most parts of the country represent major problems with individuals being at risk from local inter-ethnic conflicts and tribal disputes, bandits or from power holders seeking to extract revenge/money. A number of areas are classified by the UN as no-go zones. The Taliban, although deposed from power, are still present in many localities.
ECRE considers that certain categories of individuals amongst the Afghan population have ongoing protection needs that might not be substantially affected by political developments currently taking place in Afghanistan. The list below is not exhaustive. It includes:
o intellectuals at risk of being targeted by remnants of Taliban forces or other elements;
o minority Pushtuns from the North perceived to have supported the Taliban;
o former cardholding members of the former Socialist Parties {this category should include persons who held senior positions in the Khalqi or Parchami Parties and the People's Democratic Party of Afghanistan and in Khad (the Afghan Intelligence Service)};
o other persons for whom compelling reasons apply (i.e. they are survivors of torture/trauma, unaccompanied minors, persons who are seriously ill and cannot be treated in Afghanistan, single women or female-headed households without effective male support)."

Document(s): Open document

21.02.2002 - Source: European Council on Refugees and Exiles

ECRE urges European states not to forcibly return Afghan nationals in light of uncertain political situation ("Guidelines on the treatment of Afghan asylum seekers and refugees in Europe") [#5622],  [ID 2536]

"12. In view of the uncertainty of the political situation in Afghanistan, the risk of arbitrary action and high levels of insecurity, ECRE urges European states not to forcibly return Afghan nationals to their country of origin at the present moment. As an interim measure and until the political situation stabilises, Afghan asylum claimants who are not able to establish a well-founded fear of persecution should be granted a form of international protection that guarantees full socio-economic rights including unlimited access to the labour market."

Document(s): Open document

21.02.2002 - Source: European Council on Refugees and Exiles

ECRE: Need for coordinated and staged returns in the event of political stabilisation, taking into account differences on the ground, continuing protection needs and absorption capacity ("Guidelines on the treatment of Afghan asylum seekers and refugees in Europe") [#5622],  [ID 2537]

"1. In the event of the political situation stabilising and the basis for fears of persecution being fundamentally removed, returns to Afghanistan must be dealt with on the basis of lessons learned from previous conflicts. ECRE warns European governments of the fact that many of the reasons why predicted returns in relation to other countries/regions could not be enforced also exist in the context of returns to Afghanistan.

2. The absence of law and order and basic physical infrastructure, (such as roads, schools, electricity and hospitals) the lack of functioning institutions including a military and a judiciary, limited water availability and food supply due to years of drought, high dependency on international food aid, the presence of millions of mines in homes, fields and irrigation systems, together with the problems faced by voluntary agencies due to security concerns in providing basic social services and assistance – all point to the need for an eventual careful and staged approach by European countries to returns to Afghanistan.

3. European governments need to be aware that the situation on the ground differs widely from one part of the country to another, in security and political terms as well as with regard to availability of water and food supplies. Returnees must be given the possibility and the means to return to their pre-war place of abode and reintegrate into their own communities.

4. Repatriation should be voluntary and take place in safety and dignity in conditions "which will be sustainable, non-discriminatory and respectful of the rights of the returnees". As stated by UNHCR, the concept of "return in safety" includes "the need to assure that return takes place under conditions of legal safety (such as amnesties or public assurances of personal safety, and non-discrimination), physical safety including mine-free routes and material safety (access to means of livelihood)". ECRE urges States to fully observe UNHCR's recommendations as to the number and profile of individuals to be returned.[...]"

Document(s): Open document