Afghanistan: Declaration of Amnesties and Invitation to Afghan Refugees to Repatriate
| Publisher | National Legislative Bodies / National Authorities |
| Author | Islamic State of Afghanistan |
| Publication Date | 26 June 1997 |
| Reference | AFG-210 |
| Cite as | National Legislative Bodies / National Authorities, Afghanistan: Declaration of Amnesties and Invitation to Afghan Refugees to Repatriate, 26 June 1997, available at: http://www.refworld.org/docid/3ae6b527b.html [accessed 22 September 2016] |
| Comments | This is an unofficial translation. The Declaration, Reference No. 36, dated 26 June 1997, was issued by the Office of the Chief Justice, the Supreme Court of the Islamic State of Afghanistan, after clearance of its content by the Ruling Shura. It is being viewed as valid legislation in the areas under the control of Taleban who later changed Afghanistan from "Islamic State of Afghanistan" to "Islamic Emirate of Afghanistan". |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
IN THE NAME OF THE ALMIGHTY ALLAH
Declaration of Amnesties and Invitation to Afghan Refugees to Repatriate
The Taliban Administration;
Confident that the areas under their administration are enjoying peace, stability and social and economic progress;
Underlining the right and freedom of all Afghans living outside their country as refugees to return to their places of habitual residence or to establish residence in any part under their control, and to participate in the process of national reconciliation and consolidation of peace, shura and social development; according to Sharia law;
Desirous to take further confidence-building measures to promote the expeditious voluntary return and reintegration of Afghan refugees in safety and with dignity;
Hereby,
a) Call upon, invite and encourage all Afghan refugees to return to their country and settle in a place of their choice in any part under their control and participate fully in the process of national reconciliation, reconstruction, consolidation of peace; shura and social and economic development;
b) Declare the following:
Return in Safety and Dignity
(1) The voluntary repatriation and reintegration shall take place in conditions of safety and dignity according to recognized Islamic Sharia.
(2) No returnee shall suffer any form of harassment, discrimination, persecution or any other form of punitive action on account of having fled Afghanistan and having sought and found refuge in Pakistan, Iran or any other country.
(3) No returnee shall be subject to harassment, intimidation, discrimination or persecution for reasons of race, religion, nationality, membership of a particular social group, political opinion or gender.
Amnesty
(4) All returnees, irrespective of their political affiliations, are exempted from prosecution for all criminal offences committed for whatever reason prior to, or in, exile except of those criminal offences committed against other persons. This exemption includes inter alia having left Afghanistan and having found refuge in Pakistan, Iran or any other country, joining different commanders, draft evasion and desertion as well as the act of performing military service in internationally non-recognized armed forces.
Respect for Human Rights
(5) In common with all other citizens, the human rights and fundamental freedoms of returnees will be accorded full respect.
Returnee Monitoring
(6) UNHCR and other international agencies as appropriate will be allowed and will receive full cooperation and access to monitor the treatment of returnees in accordance with humanitarian and human rights standards, including the implementation of commitments contained in this Declaration.
Access to Land
(7) Returnees will have access to land for settlement and agricultural use in accordance with Afghanistan laws.
Property
(8) All measures will be taken to facilitate, to the extent possible, the recovery and restitution to the returnees of their land or other immovable property which they may have lost or left behind. Failing this, returnees will be assisted to obtain reparation for loss of such property.
Military and other Obligatory Service
(9) In order to support their reintegration, returnees will be exempted from any outstanding military services or other obligatory service for the period of one year. Positive consideration will be given to requests for a complete exemption from military or other service obligations.
Signed by: Alhaj Abdul Satar Sanaie, Chief Justice
The Supreme Court of Islamic State of Afghanistan
