The humanitarian crisis emerging for Afghanistan and Afghan refugees

Resolution 2522 (2023)

Author(s):

Parliamentary Assembly

Origin

Assembly debate on 13 October 2023 (24th sitting) (see Doc. 15831, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Mr Birgir Thórarinsson). Text adopted by the Assembly on 13 October 2023 (24th sitting).

1. The Parliamentary Assembly reiterates its deepest concern at the ongoing situation in Afghanistan as well as the protracted Afghan refugee crisis as expressed in its Resolution 2403 (2021) “The situation in Afghanistan: consequences for Europe and the region”. It acknowledges that the situation dramatically worsened since August 2021.

2. The Assembly strongly condemns the exclusion by the de facto authorities, of ethnic and religious minorities as well as particular groups in society – especially the Hazaras, the Tajiks, Christians, LGBTIQA+ communities and women – from the management of public affairs and their exposure to discrimination and targeted violence.

3. The Assembly forcefully condemns the systemic violence against women and girls enshrined in rights-violating edicts. It considers that documented evidence exists which may justify the consideration of gender persecution under crimes against humanity in the International Criminal Court’s ongoing investigation on Afghanistan pursuant to Articles 5(b) and 7.1(h) of the Rome Statute.

4. The Assembly expresses its solidarity with the Afghan people and salutes the courage of all Afghans, not least women and girls, who strive to claim their rights in extremely dangerous and adverse circumstances inside Afghanistan and in exile.

5. The present resolution aims to explore concrete avenues for the Council of Europe and its member States to further address the immediate protection needs of Afghans whilst envisioning some policy co-ordination mechanisms beyond the humanitarian and short-term protection approach.

6. The reaffirmed values and standards by the Heads of State and Government of the Council of Europe in the Reykjavík Declaration constitute a robust baseline to delineate such an approach based on the respect of individual human rights as enshrined in the European Convention on Human Rights (ETS No. 5) as well as on solidarity across member States in Europe. This approach is also reinforced through political dialogue with external partners notably the United Nations and the European Union.

7. In this effort, the Assembly acknowledges Resolution S/RES/2626(2022) by the United Nations Security Council as well as the European Parliament Resolution 2022/2955(RSP) on “The human rights situation in Afghanistan, especially the deterioration of women’s rights and attacks against educational institutions.”

8. The Assembly notes that Afghans are the third largest nationality seeking asylum across Europe among them many unaccompanied children and teenagers in transition to adulthood. It recalls the commitments by the Council of Europe member States enshrined in the 2021-2025 Action Plan on Protecting Vulnerable Persons in the Context of Migration and Asylum in Europe (CM(2021)67-final), in Recommendation of the Committee of Ministers to member States CM/Rec(2022)22 on human rights principles and guidelines on age assessment in the context of migration and its explanatory memorandum, as well as in Recommendation CM/Rec(2019)4 on supporting young refugees in transition to adulthood.

9. People fleeing persecutions, hunger, or insecurity, be they recognised as refugees or not, cannot be blamed for seeking safety and integration. The Assembly warns against anti-migrant and anti-refugee sentiment mounting across Europe, including against Afghans.

10. With 95% of displaced Afghans in Pakistan and in Iran, the Assembly acknowledges that both countries have contributed an important share to the reception of these people and stresses the importance for member States to contribute to this effort as well. It regrets that many member States lowered their annual resettlement quotas at a time when reception needs have never been higher according to 2022 Global Trends Report on forced displacement of the United Nations High Commissioner for Refugees (UNHCR).

11. In line with UNHCR’s Guidance Note on the International Protection Needs of People Fleeing Afghanistan issued in February 2023:

11.1 the Assembly considers deportations to Afghanistan are not acceptable under the current circumstances and that forced removals should be immediately halted;

11.2 any voluntary return of Afghans including via state-sponsored programmes should be monitored in co-ordination with the UNHCR in line with applicable the European Convention on Human Rights standards and European Court of Human Rights case law on the various aspects of vulnerability to which returnees may be exposed;

11.3 the Assembly observes that growing restrictions apply for Afghans in Iran and Pakistan with increasing risks of forced removal. It considers that member States should not return Afghans to Pakistan and Iran as it may expose them to discrimination in accessing their rights and to deportation to Afghanistan.

12. The Assembly considers that Afghans in exile should be provided with dignified reception and integration as long as durable and safe return to Afghanistan is impossible:

12.1 the Assembly aligns with the European Union Agency for Asylum (EUAA) which considers that women and girls are at risk of persecution and that their fear of persecution is in general well-founded and substantiated. It welcomes efforts made by some member States which facilitate access to protection for Afghan women and girls, and encourages all member States to harmonise their practices accordingly;

12.2 the Assembly welcomes the adoption by the Committee of Ministers of Recommendation CM/Rec(2022)17 on protecting the rights of migrant, refugee and asylum-seeking women and girls, and calls for a fast and effective implementation of this important instrument across Europe;

12.3 the Assembly recalls that the Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS No. 210) requires that signatory States take the necessary measures to prevent, investigate, punish and provide reparation for acts of gender-based and domestic violence. Such measures should be implemented without discrimination on any ground, including on the basis of migrant or refugee status;

12.4 the Assembly urges member States to commit to the resettlement and humanitarian pledges they have announced for Afghans and to increase their quotas. Concrete relocation and family reunification mechanisms must be enacted rapidly and should involve co-ordination with the relevant European Union authorities and the UNHCR. The Assembly welcomes the establishment in 2021 by the EUAA of the Expert Platform on safe pathways for Afghans in the framework of its Resettlement and Humanitarian Admission Network;

12.5 ensuring that Afghans are provided with a form of registration should be considered a priority by all member States. Particular attention should be given to unaccompanied minors and children transiting to adulthood. The Assembly recalls Recommendation CM/Rec(2019)11 and Explanatory Memorandum CM(2022)81-add on effective guardianship for unaccompanied and separated children in the context of migration. It draws attention to the role of local and regional authorities as well as civil society organisations in these efforts and recalls Resolution 487(2022) and Recommendation 481(2022) of the Congress of Local and Regional authorities of the Council of Europe “Reception of women and children refugees in Europe’s cities and regions”, and Recommendation CONF-AG(2023)REC2 for a Global Approach of the Rights of Refugees and Migrants and the Role of Civil Society, adopted by the Conference of international non-governmental organisations of the Council of Europe;

12.6 in instances where Afghans do not hold a form of international protection and associated residence permit, other forms of legal registration providing (at least temporary) leave to remain should be made accessible (such as work or student visa). This would help ensure that return decisions do not result from a lack of any alternative to a an ultimately non-durable and potentially dangerous return.

13. The Assembly is very concerned about the obstacles faced by asylum-seekers, including Afghans, to access fair, effective, and individualised procedures in Europe, as well as obstacles to family reunification when applicable:

13.1 in line with rulings from the European Court of Human Rights, as well as Assembly Resolution 2462 (2022) “Pushbacks on land and sea: illegal measures of migration management”, pushbacks preventing individuals from seeking asylum on European territory, whether perpetrated by State or non-State actors, must immediately cease. Allegations of pushbacks must be fully investigated and those responsible be held to account. Effective complaints mechanisms for victims should be in place to allow such investigations;

13.2 all efforts should be made by State authorities to facilitate access to independent monitoring bodies in areas where people on the move are known to arrive, including border areas, as recommended by the Committee for the Prevention against Torture in its 32nd General Report of March 2023;

13.3 safe third country clauses cannot be used as a justification for providing lesser procedural safeguards to asylum-seekers. The burden of proof should not be heavier when assessing the admissibility of asylum requests against such clause for it often results in blocking access to protection for people in need.

14. The Assembly reasserts its commitment expressed in Resolution 2379 (2021) “Role of parliaments in implementing the United Nations global compacts for migrants and refugees” to operationalise the principles of burden and responsibility-sharing:

14.1 in line with Resolution 2502 (2023) “Integration of migrants and refugees: benefits for all parties involved”, the Assembly calls on member States to engage in the European Qualifications Passport for Refugees (EQPR) programme which comprises a tailor-made module on Afghan refugees and asylum-seekers, targeting credential evaluators. All member States are encouraged to recognise the EQPR as a valid assessment of the holders’ qualifications to enrol in higher education across Europe, even if to be used in a country that is not part of the EQPR;

14.2 the Assembly echoes the invitation made by the Committee of Ministers in its reply to the Assembly’s Recommendation 2248 (2023) “European solidarity in the context of asylum and international protection” to all member States to consider acceding to the Council of Europe Development Bank (CEB). It calls on member States to maintain their support to the Migrants and Refugee Fund especially through grants;

14.3 the Assembly emphasises that lack of a harmonised approach across States may increase the risk of unaccompanied children going missing. It encourages member States to co-ordinate on resettlement and relocation procedures, in line with the European Union law and Visa Code when pertinent. Unaccompanied Afghan children should be registered as international protection holders to ease family reunification;

14.4 the Assembly invites member States to maintain and increase their support to UNHCR especially through unearmarked funding so that UNHCR programmes in support of Afghans displaced in Afghanistan and in neighbouring countries can be sustained;

14.5 the Assembly is hopeful that member States, but also local authorities, will continue allocating sufficient funding to support their reception efforts. It stresses the importance of refraining from nationality-specific earmarking which may exclude some people from reception and support programmes which they might otherwise be eligible for, based on vulnerability and other individual criteria.

15. In Afghanistan, the Assembly:

15.1 calls on member States whose consular services have been suspended to explore the possibility of co-ordinating some part of the visa request processes with member States whose consular services are still functioning in Kabul, provided that they share similar eligibility criteria for humanitarian or family reunification visas;

15.2 calls on member States to explore the possibility to resume their consular services in Kabul with a view to facilitating access to protection for Afghans most at risk especially women and children, in the case where individuals are unable to or prevented from exiting Afghan territory;

15.3 agrees that the external representations of member States may inform country of origin information reports and be instrumental in enhancing support, including financially, to Afghan civil society especially in support of women and girls. The possibility for direct scholarship for private education in medical studies, one of the only areas of education still accessible to women to date, may be explored. Such efforts should be co-ordinated with United Nations programmes deployed in Afghanistan, the European External Action Service and the European Civil Protection and Humanitarian Aid Operations field office in Kabul;

15.4 in line with UN Security Council Resolution S/Res/2626(2022), encourages member States, in co-ordination with the European External Action Service, to increase aid and co-operation funding. It highlights the importance of a gradual shift from humanitarian assistance to a development-oriented approach in Afghanistan.

16. In Pakistan and in Iran, the Assembly:

16.1 encourages member States to streamline visa processes and to alleviate some of the eligibility and administrative requirements for visa requests. Member States should harmonise procedures and practices whenever imposing similar admissibility thresholds. They should co-ordinate their approach with the European Union to adopt a common approach on family reunification and relocation of Afghans whenever such relocation into an European Union member State involves elements falling under the European Union Visa Code requirements;

16.2 aligns itself with Recommendation CM/Rec(2022)17 and calls on member States “to fund specific assistance and humanitarian resettlement programmes for women and girls who are victims, or at risk, of violence against women or trafficking in human beings”;

16.3 urges member States to allocate greater human and financial resources in consulates but also in the capitals of member States to effectively increase access to resettlement and alternative pathways for Afghans and ensure that cases are processed in a timely fashion;

16.4 suggests that the EQPR programme, in co-ordination with the UNESCO Qualifications Passport for Refugees and Vulnerable Migrants programme, be used as a canvas for tailor-made education assessment certificates to be issued by consulates in cases of partial or missing documentation as a means of proving and validating the educational background of Afghans who submit applications from Kabul, or, alternatively, from Islamabad or Tehran;

16.5 draws attention of member States to the assistance and reception fatigue in countries hosting Afghan refugees especially in Iran and Pakistan and expresses its concern at the risk that this may result in increased vulnerability and possibly human rights violations in first countries of asylum. Echoing principles stated in its Resolution 2380 (2021) “Humanitarian action for refugees and migrants in countries in North Africa and the Middle East”, the Assembly reiterates the need to provide national humanitarian aid to support access to education and to health care for Afghan children and teenagers, boys and girls in co-ordination with the United Nations agencies and their implementing partners.

17. In line with Resolution 2487 (2023) “European solidarity in the context of asylum and international protection” and with Resolution 2379 (2023), the Assembly is committed to reinforcing political leadership to support the Afghan people through parliamentary co-operation especially with the European Parliament and with the Inter-Parliamentary Union. Exchanges between the Assembly and former members of the Afghan Parliament now in exile may be explored.

18. The Assembly reiterates its position expressed in Resolution 2403 (2021), namely that it considers that isolating the de facto authorities has led to the further suffering of the Afghan people. It stressed that:

18.1 engaging in targeted political dialogue with the de facto authorities does not imply a recognition on the part of member States of the Taliban as a legitimate authority in Afghanistan;

18.2 highlights that any engagement with the de facto authorities should aim to secure the unconditional respect and protection of the human rights of women and girls. Such engagement should also work towards respect of the rights of all ethnic, religious and minority groups in Afghanistan. In this regard, the Assembly recalls that Afghanistan remains a party to several international human rights treaties by which it is obliged to abide;

18.3 engaging a dialogue with all political stakeholders in Afghanistan, including the de facto authorities, should be inclusive of members of all communities and minority groups within Afghanistan. In addition, the voices of Afghans in exile willing to contribute to such dialogue should be duly heard, including former members of the Afghan Parliament, judges, and lawyers, coming from all communities and minority groups of Afghanistan.

19. The Assembly is hopeful that this resolution may lay the ground for a roadmap on Afghanistan and will contribute to the reflection of member States especially ahead of the Global Refugee Forum in December 2023 and the Annual Tripartite Consultations on Resettlement in 2024.

20. The Assembly encourages the Council of Europe to explore avenues for contribution to the EUAA-led Expert Platform on Afghanistan which brings together major partners of the Organisation worth co-ordinating with such as EU+ countries, Canada, the European Union, UNHCR, and the International Organization for Migration.