Introduction

Currently, refugee women around the world suffer a lot more than others; they have less access to basic needs such as food, water, shelter, and medical support; they are more subject to abuse, exploitation, and violence because of gender-based discrimination and a lack of legal protection. Afghan refugee women in Pakistan are particularly vulnerable; along with limited access to basic needs, they are also subjected to exploitation, abuse, and violence. There is a contradiction between Pakistan’s policies and the reality on the ground. On the one hand, the situation for Afghan women in their country is not favorable. Meanwhile, they are suffering a lot during their asylum-seeking and refugeehood in Pakistan.

The Lack of Proper Protection for Afghan Refugee Women in Pakistan

Since 1979, Afghan refugee women and children have made up many of the refugees who have fled to Pakistan.  It means Pakistan has been hosting many Afghan refugees for the last four decades. It is claimed by the UNHCR that around 4.4 million of these refugees have returned to their country since 2002 under their Volunteer Repatriation Program. Based on the United Nations estimation, as of October 2023, nearly 3.7 million Afghans live in Pakistan, while Pakistani authorities believe this number is around 4.4 million.

Although Pakistan is not a party to the UN Refugee Convention or its 1967 additional protocol, it allowed UNHCR to give aid and assistance to refugees through an arrangement with the United Nations Development Program. Despite this, Pakistan is a party to several human rights instruments that guarantee the rights of refugees, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), etc.

Initially, Pakistan indicated its policy towards Afghan refugees from the perspective of Islamic ideology and facilitated their settlement. They even used the term muhajerin (with etymology roots in hijra, which marked the exodus of the prophet Muhammad and companion believers from Mecca to Medina) and referred to themselves as Ansar (referred to Medina hosts bestowing refuge). In practice, Pakistan’s policy towards Afghan refugees hasn’t aligned with their stated argument, as there are several situations where their approach appears to be in contradiction with Islamic guidelines. For instance, refugees are not allowed to have their own immovable property, they face racism and are often relegated to low-wage, unskilled work in fields such as construction, trade, transportation and market vending; Afghan women are often exploited as domestic servants, and many others are compelled to resort to begging as well.

Since the beginning, help for refugees has been deeply politicized, and the government of Pakistan established refugee camps to be controlled by Mujahideen organizations that were fighting against the pro-Soviet government in Afghanistan. Consequently, refugees, especially women, have been restricted, and their voice hasn’t been heard on the issues related to refugees and camp policies, even though women with their children comprise approximately 75% of all Afghan refugees. On the other hand, the authorities of Pakistan and other donors, including countries of the Arab world and Western nations, have provided aid to the refugee camps, which also allowed the culture and Islamic ideologies of Mujahideen to influence the camps and shape the determination of women’s needs aligned with political strategy in Afghanistan.

In addition, Saudi Arabia opened Islamic Madrasas for the young Afghan generation, where they learned the strict form of religion that severely affected Afghan women’s rights; in addition, mass widowhood became another factor that affected Afghan refugee women as their husbands were killed in Afghanistan because of the so-called Jihad. According to a survey done in 1995, in every three Afghan refugee women, one was a widow, and due to poverty and the lack of a breadwinner, they suffered greatly, with many forced to resort to begging to feed their children.

The current situation in Afghanistan, marked by the Taliban’s takeover in 2021, has led to a worsening situation for many people, particularly women, characterized by poverty, safety concerns, exacerbated gender-based inequalities, and a significant toll on the safety of Afghan women. Consequently, the majority of Afghans seeking protection are fleeing to the neighboring countries, Pakistan and Iran. However, the Afghan refugees in Pakistan have faced a hardened government policy that gives police a free hand to arrest, harass, beat, and deport them. According to Human Rights Commission of Pakistan (HRCP) interviews with refugees, police extortion is a common issue; they are asking for bribes in exchange for releasing them. Thus, refugee women live in constant fear of harassment.

During an interview, Afghan refugee women in a refugee camp indicated that those who returned to their country did not do so willingly but rather were forced to comply when they witnessed the mistreatment of fellow refugees by authorities. They stated that when the authorities ordered them to vacate the camp, they felt compelled to obey, indicating a lack of autonomy and an absence of free choice in their decision to return.

Hardship and violence suffered by Afghan refugee women is not limited to external threats; they are also sacrifices of abuse from within their community. However, most of this abuse goes unreported because of the weak and lack of proper protection mechanisms. Similarly, many Afghan women residing in Pakistan lack identification documents, which hinders them from reporting crimes committed against them as they fear deportation and further violence.

According to  Amnesty International, many Afghans have been living with a well-founded fear of persecution since the Taliban came to power in August 2021 and fled to Pakistan, where they suffer from harassment, arrests, and the threat of deportation. Amnesty International says that “Pakistan’s ‘Illegal Foreigners’ Repatriation Plan’ is violating international human rights law and refugee laws, particularly of non-refoulement, which puts the lives of all Afghan refugees at risk, especially women, female journalists, human rights activists, women activists, and other vulnerable groups. The organization has recorded a complete lack of transparency, due process, and accountability in the detentions and unlawful returns of Afghan refugees in Pakistan.

Conclusion

The situation for Afghan refugee women in Pakistan is complex and multifaceted. Despite Pakistan’s International Human Rights Obligations, Afghan refugee women continue to suffer from hardship and challenges, including restrictions on access to basic needs and victims of abuse, violence and exploitation. Further, the disparity between Pakistan’s policy and the reality on the ground caused inadequate protection for Afghan refugee women. The recent conflict in Afghanistan has worsened the conditions, leading to increased deprivation, safety concerns, and gender-based violence. Due to the lack of proper protection, Afghan refugee women are in hardship. Thus, it’s necessary to address the plight and rights of Afghan refugee women.