23.06.2008 - Source: UN High Commissioner for Refugees

UNHCR update on security situation relating to complementary forms of protection ("Afghanistan Security Update Relating to Complementary Forms of Protection") [ID 24236]

"In the context of Afghanistan, UNHCR advocates for complementary forms of protection being considered for persons originating from areas where any or several of the following features have been reported or observed within the past months:
• Intensified counter insurgency activities, including aerial bombings, by ISAF/NATO which have escalated into open warfare in the south, south east. eastern, and partly in western and central provinces and which affect safe movement to and from these provinces;
• Possible military operation in places where the AGE have established their presence;
• Indiscriminate attacks by anti-government elements, inter alia through the consistent use of indiscriminate types of warfare (IED on the roads, missile attacks, bombs and suicide bomb attacks) including attacks on “soft targets” such as schools, teachers, and religious figures;
• Systematic acts of intimidation, involving arbitrary killings, abductions and other threats to life, security and liberty, by anti-government elements and by regional warlords, militia commanders and criminal groups, including on the highways;
• Illegal land occupation and confiscation with limited possibilities for redress;
• Religious and tribal conflicts, conflicts over the use of pasture land and inadequate responses by the central government to address violence and protect civilians."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Due to the particular situation in Afghanistan, the UNHCR is against the return of persons to areas other than their places of origin or previous area of residence ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22929]

"In this regard, given the differences particular to the situation in Afghanistan, UNHCR advises, against the return of persons to areas other than their places of origin or previous area of residence where they do not have effective family or tribal links. This position is in line with Executive Committee Conclusion No. 40, which states that:

“UNHCR facilitates voluntary repatriation only when return is possible to previous places of residence in the country of origin. In UNHCR’s experience, return to areas other than the refugee’s place of origin or previous residence may impact adversely on the protection situation of the returnees themselves, which of others in the place of return, and more generally on the processes of stabilization, reintegration, and reconciliation”.

The same principle applies to the return of persons found not to be in need of international protection. The Executive Committee in its Conclusion No. 96 (LIV) of 2003 on the return of persons found not to be in need of international protection “[s]tresses the importance of ensuring the sustainability of returns and of avoiding further displacements in countries emerging from conflict, and notes that phasing returns of persons found not to be in need of international protection can contribute to this”."

Document(s): Open document

06.09.2005 - Source: Integrated Regional Information Network

Repatriation operation for Afghan refugees from Pakistan suspended until after Afghanistan's parliamentary election ("UNHCR suspends repatriation operation ahead of Afghan election") [#36290],  [ID 2520]

Document(s): Open document

17.01.2005 - Source: UN High Commissioner for Refugees

UNHCR seeking assurance that all returns to Afghanistan must be voluntary ("Lubbers warns against speeding up refugee returns to Afghanistan") [#28317],  [ID 2521]

Document(s): Open document

30.11.2003 - Source: ReliefWeb

UNHCR called for reconsideration of forced repatriation of failed Afghan asylum seekers after it scaled back operations following the murder of a French worker ("UN call for countries to reconsider forced repatriation to Afghanistan (AFP)") [#17952],  [ID 2523]

"The UN's refugee agency Sunday called for countries to reconsider forced repatriation of failed Afghan asylum seekers after it scaled back operations following the murder of a French worker two weeks ago.
Spokeswoman Maki Shinohara said the United Nations High Commissioner for Refugees (UNHCR) said existing difficulties in guaranteeing safety of returnees had been exacerbated by lower staff numbers.

"We appeal to asylum countries to consider seriously our reduced capacity to monitor situations in many provinces in the country and to exercise caution when sending Afghans back to locations especially outside Kabul at this time," she told reporters.

Shinohara said many European countries felt under pressure to return Afghans, despite UNHCR's insistence that many parts of the country remain unsafe.
[...]"

Document(s): Open document

11.2003 - Source: ReliefWeb

UNHCR not able to adequatly monitor conditions of returnees; asylum countries should exercise caution when sending Afghans back ("BAAG Afghanistan Monthly Review; November 2003"), Autor: British Agencies Afghanistan Group (BAAG) [#18299],  [ID 2522]

"[...] In a statement issued on 30th November, UNHCR expressed its concern that, due to the adverse security situation, it would not be able to adequately monitor the conditions of returnee communities and internally displaced people inside Afghanistan and thus undertake a vital part of its protection work. It added that this included the north and west where, it feared, its reduced presence might “open up space for increased abuse of the population by local commanders”. The organisation appealed to asylum countries to consider seriously its reduced capacity to monitor situations in many of the provinces and exercise caution when sending Afghans back to locations outside Kabul at this time. UNHCR thus indicated that it would be able to continue monitoring the protection of returnees in Kabul, albeit at the limited level previously prevailing. [...]"

Document(s): Open document

29.07.2003 - Source: UN High Commissioner for Refugees

Situation remains volatile; profiles of persons who could be at particular risk of persecution or discrimination (former members of Communist Party PDPA; certain profiles of women, ethnic and religious minorities; alleged supporters of the Taliban regime) (German) ("UNHCR-Stellungnahme zur Frage der Flüchtlingseigenschaft afghanischer Asylsuchender (aktualisierte Zusammenstellung)") [#14757],  [ID 1502]

Document(s): Open document

29.07.2003 - Source: UN High Commissioner for Refugees

Situation remains volatile; profiles of persons who could be at particular risk of persecution or discrimination (former members of Communist Party PDPA; certain profiles of women, ethnic and religious minorities; alleged supporters of the Taliban regime) (German) ("UNHCR-Stellungnahme zur Frage der Flüchtlingseigenschaft afghanischer Asylsuchender (aktualisierte Zusammenstellung)") [#14757],  [ID 2524]

Document(s): Open document

22.07.2003 - Source: UN High Commissioner for Refugees

Report focused on repatriation (returnee reintegration, sustainability of return, legal safety, physical security) ("UNHCR returnee monitoring report; Afghanistan repatriation, January 2002 - March 2003") [#14571],  [ID 2525]

Document(s): Open document

17.04.2003 - Source: UN High Commissioner for Refugees

UNHCR: High Commissioner says deteriorating security situation hampers support for return ("Lubbers: Insecurity threatening Afghan return programs") [#12091],  [ID 2526]

"UN High Commissioner for Refugees Ruud Lubbers on Thursday expressed serious concern over the deteriorating security situation in parts of Afghanistan, saying it was hampering efforts to support returning refugees and internally displaced people.

"UNHCR and its partners have worked hard to help more than 2 million people return home over the past year, but the sustainability of those and future returns is now being jeopardised by insecurity in parts of Afghanistan," Lubbers said. "It is absolutely crucial that Afghan authorities and the international community take measures to strengthen security in the country, particularly in rural areas."
[...]
UNHCR urged that concrete action be taken to improve the security situation in southern Afghanistan. It warned that lack of security could trigger a vicious cycle of reduced humanitarian access, less development aid, fewer returns and further instability - all in an area that is already suffering the effects of half a decade of drought.

Following the recent murder of Ricardo Mungia, a staff member of the International Committee of the Red Cross, more than 10 international non-governmental organisations pulled staff out of Kandahar, at least on a temporary basis. UNHCR's Spin Boldak field unit has been closed since the start of the war in Iraq on March 20. Operations at the Chaman border with Pakistan have also been restricted or stopped.

Large areas of south-eastern Afghanistan - including the whole of Uruzgan and Zabul provinces - remain off-limits to aid agency staff because of the dangers. Other areas can only be accessed using armed escorts. Security concerns in eastern Afghanistan have delayed the establishment of a new iris recognition centre in Khost to screen returnees for repeated assistance claims. In Nangarar, UN activities have been on hold since January. The freeze was imposed following the killing of two guards who were escorting a UNHCR team.

UN activities have also been curtailed in the north-west, following a new outbreak of inter-factional fighting near Maimana, west of Mazar-i-Sharif.

There are an estimated 350,000 internally displaced persons in southern Afghanistan, most of them in six settlements in Kandahar and Helmand provinces. People are still arriving in these settlements after fleeing harassment and insecurity in the north - from Faryab, Jawzjan and Badghis provinces."

Document(s): Open document

03.01.2003 - Source: UN High Commissioner for Refugees

Overview of developments 2002 (more than 1.8 millions returnees, assistance for returnees and IDPs) ("Afghanistan Humanitarian Update No. 67") [#10457],  [ID 2527]

Document(s): Open document

24.09.2002 - Source: UN High Commissioner for Refugees

UNHCR: Continuing protection concerns for Afghan nationals - further considerations ("Aktualisierte Darstellung der Situation in Afghanistan und Überlegungen zum Internationalen Schutz für Afghanen (Stand 10. Juli 2002)") [#8770],  [ID 2528]

English summary: While many people have voluntarily returned to Afghanistan, a number of Afghans are still forced to leave their places of origin in fear of persecution. The current situation results in insufficient national protection for many Afghans who therefore continue to be in need of international protection and humanitarian aid. In order to determine refugee status or the need for other forms of international protection, it is crucial to consider the current instability and unpredictability of the situation. At the moment, no one knows how long it will take until an efficient judicial system can be built, how the current central authority will deal with certain categories of persons, and whether it will be able to protect persons at risk of persecution by non-state agents, in particular given the fact the large parts of the territory of Afghanistan are beyond the control of the Transitional Authority as well as that some of the actors currently in power have committed human rights violations in the past.

"Während zur Zeit sehr viele Menschen freiwillig nach Afghanistan zurückkehren, sind dennoch Afghanen gezwungen, ihren Wohnort aus Furcht vor Verfolgung zu verlassen.
In der aktuellen Situation gilt für viele Afghanen, dass sie keinen wirksamen nationalen Schutz in Afghanistan genießen und deshalb weiterhin internationalen Schutz und humanitäre Hilfe benötigen. Bestimmte Gruppen von Afghanen haben weiterhin eine begründete Furcht vor Verfolgung aus Gründen, die in Artikel 1 A (2) des Abkommens über die Rechtsstellung der Flüchtlinge von 1951 aufgeführt sind. Andere, die aus besonders betroffenen Teilen des Landes stammen, könnten auf Grund der Auswirkungen verbreiteter Gewalt und Unordnung internationalen Schutz benötigen.
Bei der Bestimmung der Flüchtlingseigenschaft und der Schutzbedürftigkeit von Afghanen zum jetzigen Zeitpunkt ist der provisorische und instabile Charakter der gegenwärtigen Situation wichtig. Die Regierung wurde gerade gebildet, und die Vereinbarung über die gegenwärtigen vorläufigen Einrichtungen gilt nur für einen Zeitraum von 18 Monaten, bis im Jahr 2004 Wahlen stattfinden. Deshalb ist nicht bekannt, wie der Staat (die Zentralbehörden) im Hinblick auf bestimmte Kategorien von Personen oder Gruppen handeln wird und ob es bald ein rechtsstaatliches System geben wird, das Schutz gegen Maßnahmen örtlicher Behörden und anderer Urheber von Verfolgung bieten kann.
Die gegenwärtige Übergangsphase ist durch die Aufsplitterung bestimmter Landesteile in De-facto-Einflusszonen (Verteilung der Macht auf eine Reihe von „Kriegsherren“), ein Machtvakuum in anderen Landesteilen und Spannungen auf Grund des Wettstreits um Einfluss zwischen unterschiedlichen Akteuren gekennzeichnet. Außerdem kontrolliert die ernannte Interimsregierung nicht das gesamte afghanische Territorium.
Im Hinblick auf die Urheber von Verfolgung muss unter diesen Umständen die Möglichkeit der Verfolgung durch nichtstaatliche Akteure weiterhin in Betracht gezogen werden. Die in der Vergangenheit begangenen Menschenrechtsverletzungen durch Mitglieder von an die Macht zurückgekehrten Gruppen (einschließlich der Dschamiat-i-Islami, der Hisb-i-Wahdat und der Dschombesch-i-Melli-i-Islami) zeigen, dass eine solche Möglichkeit weiterhin besteht."

Document(s): Open document
hcr-afg-poslong0702de.pdf

21.08.2002 - Source: BBC News

UNHCR warned that Afghanistan may not be able to sustain mass returns ("Caution urged over Afghan returns scheme") [#28866],  [ID 2529]

"Earlier in August, the United Nations' Refugee Agency warned that Afghanistan may not be able to sustain mass returns if they continue at the current rate.
Tens of thousands of refugees are already re-entering the country after spending years in camps in Pakistan and Iran. The agency has warned that after 20 years of war, Afghanistan may not have the infrastructure yet to sustain the returns, leaving many living in tented cities.
Simon Taylor, London spokesman for the agency, said that in principle it supported returns if they were voluntary.
"If anyone wants to stay [in the UK] then they should have that right to do so," he told the BBC.
"I don't think that anyone would claim that Afghanistan us completely safe. But the number of people who do want to return is quite high.""

Document(s): Open document

23.07.2002 - Source: Human Rights Watch

HRW: Critique of UNHCR's position that in general the situation in Afghanistan is conducive for safe return ("Afghanistan Unsafe for Refugee Returns/ U.N. Refugee Agency Sending "Misleading" Message") [#7932],  [ID 2519]

"The Office of the United Nations High Commissioner for Refugees (UNHCR) should reverse its newly-announced policy of promoting voluntary repatriation to Afghanistan, Human Rights Watch said today. […]
In recent statements, UNHCR has cautioned governments not to rush repatriation before conditions are stabilized in Afghanistan - in direct contrast to its most recent position. On July 2, UNHCR announced that it was suspending assisted returns from Herat to Faryab and Samangan provinces and to parts of Balkh province in northern Afghanistan, because of continued insecurity. In May 2002, the UNHCR spokesperson in Kabul, Yusuf Hassan, called on governments not to put undue pressure on Afghanistan by prematurely promoting repatriation.
"UNHCR has itself admitted that conditions are unsafe in parts of Afghanistan. So why advocate for refugees to return now?" said Reilly.
UNHCR has suggested that if Afghans with pending asylum claims are encouraged to voluntarily repatriate, it would relieve the pressure on asylum systems. But Human Rights Watch said this argument plays into the hands of governments such as Australia and the United Kingdom that are already putting pressure on Afghan refugees to return. [...]
In addition to the security problems facing returnees, many were not in fact returning to their homes but merely becoming internally displaced in urban centers like Kabul and Herat, contributing to the existing strain on infrastructure and resources, Human Rights Watch said.
"There are serious doubts about the absorption capacity of Afghanistan and whether humanitarian agencies have the funding and resources to cope with the large-scale returns that UNHCR is promoting," said Reilly.[…]
Human Rights Watch called on UNHCR to postpone its promotion of voluntary repatriation to Afghanistan. UNHCR's own guidelines state that voluntary repatriation should not be promoted unless "the large majority of refugees" can return "in safety and with dignity" and the country of origin has "provided a formal guarantee, or adequate assurances for the safety of repatriation refugees."
"These preconditions clearly have not been met in Afghanistan," said Reilly."

Document(s): Open document

10.07.2002 - Source: UN High Commissioner for Refugees

UNHCR: Considerations on return: continuing protection concerns ("UNHCR Note on Basic Considerations Regarding Returns to Afghanistan from Non-Neighbouring States") [#8238],  [ID 1503]

"Current changes are indeed generally conducive to safe return; remaining protection concerns for parts of the country with very real security concerns (particularly in the north and some parts of the central region) and members of certain groups with protection vulnerabilities. [...] only voluntary return advised; return process for Afghans without protection needs should be phased, coordinated, orderly and humane and under consideration of accomodation facilities; Afghans with legal status should maintain that status; resettlement programmes should continue."

"4. Claims still deserving of particular attention are those emanating from parts of the country where there are still very real security concerns (particularly in the north and some parts of the central region), information about which will need to be updated on a regular basis. Also deserving of particular attention are asylum applications of members of certain groups with protection vulnerabilities.
[…]
9. The current phenomenon of large scale returns should not be considered a justification for the suspension of all resettlement processing from neighbouring countries. Resettlement will remain a solution for some individuals with a particular protection profile, such as women at risk, refugees with specific protection problems in countries of first asylum and traumatized victims of torture."

Document(s): Open document

10.07.2002 - Source: UN High Commissioner for Refugees

UNHCR: Current conditions generally conducive for safe return; return should be orderly, protection concerns and existing legal status should be respected ("UNHCR Note on Basic Considerations Regarding Returns to Afghanistan from Non-Neighbouring States") [#8238],  [ID 2530]

"2. According to UNHCR estimates some 150,000 Afghans applied for asylum in some 90 States, other than Iran and Pakistan, during the past three years alone. Perhaps up to half this number could still be awaiting a decision. Given the above developments and the stabilizing situation in large areas of the country, clearly it is no longer appropriate to maintain UNHCR’s earlier call for suspension of processing to finality of claims already in train.
3. As the current changes are indeed generally conducive to the safe return of a broad spectrum of Afghans, the Office advises that asylum-seekers be actively counselled about the situation, as well as on possibilities for assisted return. Exercise of the voluntary repatriation option and/or a withdrawal of asylum applications would tangibly relieve asylum systems in a number of States, pre-empting the need to process many of the claims, especially those related to the rule of the Taleban, where international protection is no longer an issue. […]
6. UNHCR also advises that the return process for Afghans without protection needs should be phased, coordinated, orderly and humane and accomplished, to the extent possible, in manageable numbers where accomodation facilities are in place. […]
8. As regards Afghans who have been granted a legal status of some sorts, UNHCR encourages States to allow them to maintain that status, and particularly so in relation to those who are well on their way towards durable integration into their new societies. In some cases protection considerations, but more generally the demands of international burden-sharing clearly support this position."

Document(s): Open document

10.07.2002 - Source: UN High Commissioner for Refugees

UNHCR: Continuing protection concerns: persons originating from insecure areas, women at risk, persons with "specific protection problems", traumatized victims of torture ("UNHCR Note on Basic Considerations Regarding Returns to Afghanistan from Non-Neighbouring States") [#8238],  [ID 2531]

"4. Claims still deserving of particular attention are those emanating from parts of the country where there are still very real security concerns (particularly in the north and some parts of the central region), information about which will need to be updated on a regular basis. Also deserving of particular attention are asylum applications of members of certain groups with protection vulnerabilities. […]
9. The current phenomenon of large scale returns should not be considered a justification for the suspension of all resettlement processing from neighbouring countries. Resettlement will remain a solution for some individuals with a particular protection profile, such as women at risk, refugees with specific protection problems in countries of first asylum and traumatized victims of torture."

Document(s): Open document

02.07.2002 - Source: BBC News

BBC: UNHCR suspends return to "extremely volatile" Northern Afghanistan ("UN halts Afghan repatriation") [#8592],  [ID 2532]

"The United Nations has suspended its programme of returning refugees to northern Afghanistan because of the "extremely volatile" security situation. [...]
The suspension came amid reports of continuing tensions between forces loyal to rival warlords Abdul Rashid Dostum and Atta Mohammad.
The number of refugees affected by this move is not certain but they include people hoping to return to the northern and central provinces of Faryab, Jozjan, Balkh and Samangan.
Factional tensions between rival warlords are known to be high in these provinces despite the recent establishment of President Hamid Karzai's new government in Kabul. [...]
Both General Dostum, an Uzbek, and Mr Mohammad, a Tajik, support Mr Karzai's administration.
But clashes between fighters from their militias have badly affected the security situation across much of northern Afghanistan in recent weeks.
"The UNHCR is extremely concerned about the escalating violence and the worsening human rights situation in northern and central Afghanistan," Mr Hassan told the Associated Press news agency. [...]
Mohammad's forces say Dostum's militia captured 16 of their Tajik villages 50 miles from Mazar.
Mr Hassan says the violence has been compounded by an increase in criminal activity including robbery, rape and murder across the region."

Document(s): Open document

07.06.2002 - Source: UN High Commissioner for Refugees

UNHCR warns Afghans about the security situation, the lack of basic services and the land-mine threat facing many areas ("Afghanistan Humanitarian Update No. 62") [#7431],  [ID 2533]

"More than 900,000 refugees have voluntarily repatriated to Afghanistan since March 1 when the Afghan Interim Administration and UNHCR started to assist returnees. More than 100,000 returned this week alone. Another 200,000 Afghans have gone back spontaneously since the Taliban fell, with most arriving from Pakistan and Iran. More than 160,000 internally displaced persons (IDPs) have also been assisted home while many others have gone back on their own.
UNHCR is not promoting return to Afghanistan, and warns Afghans about the security situation, the lack of basic services and the land-mine threat facing many areas."

Document(s): Open document

30.05.2002 - Source: UN High Commissioner for Refugees

UNHCR does not promote return to Afghanistan nor encourage widespread repatriation; the agency assists voluntary returnees ("Afghanistan Humanitarian Update No. 61") [#7288],  [ID 2534]

"UNHCR does not promote return to Afghanistan, but assists only those Afghans who themselves opt to return home. The security situation in many parts of the country is very fragile, while access to food aid, health care, shelter and adequate water supplies remain limited in many regions. The agency believes that countries in the region and states further afield should not force Afghans home at the present time, nor encourage widespread repatriation without ensuring adequate funding for the relief effort.
The pace of the spontaneous returns to Afghanistan, against a backdrop of enormous needs inside the country, is putting great demands on the relief community, and all humanitarian agencies are running short of funds."

Document(s): hcr-hum.update0502.doc

02.2002 - Source: UN High Commissioner for Refugees

UNHCR : Preliminary Position Paper on the Return of Afghan Refugees ("Preliminary Position Paper: Considerations relating to the return of Afghan nationals who are currently outside their country of origin, in countries of asylum not in the immediate region") [#6493],  [ID 1504]

"Notwithstanding the positive changes and the efforts of the international community, there remain individuals or groups of Afghans, who could face serious problems, including physical danger, were they to return at this time. Currently available information on Afghanistan indicates that, among others, persons of the following profiles might be at risk of violence, harassment or discrimination:
• Persons at risk of persecution on political grounds by groups now in control of their area
of origin;
• Persons originating and returning to areas where they constitute an ethnic minority;
• Persons who have sympathised with or are perceived to have been associated with the
Taliban regime which came to power in Kabul in 1996;
• Persons associated or perceived to have been associated with the Communist, premujaheddeen regime which was overthrown in 1992, as well as others who have campaigned for a secular state.

Vulnerable Groups

UNHCR considers that persons finding themselves in particularly vulnerable circumstances should not be required to return but rather should be allowed to prolong their stay on humanitarian grounds until special and co-ordinated arrangements can be put in place, on a case by case basis, to facilitate their safe and orderly return and appropriately receive them in Afghanistan. This includes individuals in the following categories:
• handicapped and ill individuals, or families with handicapped or ill members;
• female-headed households and women without effective male protection in Afghanistan;
• the unaccompanied elderly;
• unaccompanied minors;
• landless Afghans, particularly those originating from food-insecure areas.
attention.
In addition, the claims of traumatised individuals, such as victims of torture or particularly egregious forms of violence (for example, ex-detainees, or women who may have suffered sexual abuse), or witnesses to crimes against humanity, will require special attention.”

2002.02.00 UNHCR - Originaltitel: "Preliminary Position Paper: Considerations relating to the return of Afghan nationals who are currently outside their country of origin, in countries of asylum not in the immediate region"

Document(s): hcr-afg-pos02.pdf