Pakistan: Information on whether the United Nations High Commissioner for Refugees (UNHCR) provides protection in Pakistan to people who have left Iran claiming persecution, and if so, information on the details of such protection

The following information was contained in a letter to the DIRB by the Deputy Representative of the United Nations High Commissioner for Refugees (UNHCR) (24 Apr. 1996):

Because Pakistan is not a signatory to the 1951 Refugee Convention or the 1967 Protocol, it has no refugee status determination procedure for non-Afghan refugees (for whom it provides special treatment). Asylum seekers are treated as illegal migrants by the government. The UNHCR therefore provides protection in Pakistan to asylum seekers, including those from Iran, in a number of ways.

The UNHCR, on the basis of the goodwill extended by the Pakistani government, grants mandate status to asylum seekers who fulfill the UNHCR statute's definition of a refugee. When asylum seekers are arrested for illegal entry and detained by the government, UNHCR protection officers are permitted to visit detention centres to interview asylum seekers and assess their claims. Pakistani authorities respect this procedure, and usually release detainees following UNHCR's intervention.

While refugees are not accorded any legal status in Pakistan, they benefit from UNHCR's protection from refoulement, deportation and expulsion pending UNHCR's identification of a durable solution (voluntary repatriation or resettlement to a third country). Although they receive no material assistance before their recognition under UNHCR's mandate, once recognized, they are issued with an identity card by UNHCR. Most receive material assistance from UNHCR and professional counselling from the Pakistani NGO, SAVERA, which functions as UNHCR's implementing partner. The government does not provide work permits or favourable fees in public universities to refugees.

UNHCR has protected the physical safety of non-Afghan refugees by relocating them to other areas of Pakistan when necessary for security reasons. UNHCR has been unable to promote refugees' human rights in a formal manner, due to their status as illegal migrants in Pakistan.

On the question of resettlement, UNHCR Pakistan was processing Iranian refugees automatically for resettlement for the past several years. This was motivated by the serious security situation prevailing for these refugees, in particular in Karachi. Upon closure of Sub-office Karachi in September 1991 and transfer of residual caseload to Islamabad, the security situation for Iranians no longer appeared to be so different from that of other non-Afghan refugees. In light of this, it was decided in consultation with Headquarters to amend the resettlement policy in Pakistan as from 1 January 1993 and the non-automatic, non-discriminatory policy is still in force. After 1 January 1993, UNHCR processes only the following cases for resettlement: close family reunion, vulnerable groups; and those facing serious security risk.

In addition, UNHCR continues to process those who were in the pipeline for resettlement as of that date. This policy is applied regardless of nationality. Family reunification cases are generally handled by the concerned countries' embassies. UNHCR facilitated certain cases of family reunification (ibid.).

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

United Nations High Commissioner for Refugees (UNHCR), Ottawa. 24 April 1996. Letter from Deputy Representative faxed to DIRB.