The humanitarian crisis emerging for Afghanistan and Afghan refugees
- 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 and 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 has 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, lesbian, gay, bisexual,
transgender, intersex, queer, asexual (LGBTIQA+) people 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 edicts that violate human rights. It
considers that documentary evidence exists which may justify the
consideration of gender persecution as a crime against humanity
in the International Criminal Court’s ongoing investigation into the
situation in 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, while envisioning some policy
co-ordination mechanisms beyond a humanitarian approach focused
on short-term protection.
6. The values and standards reaffirmed by the Heads of State
and Government of the Council of Europe in the Reykjavik Declaration
constitute a solid baseline for defining such an approach, based
on respect for individual human rights as enshrined in the European
Convention on Human Rights (ETS No. 5) as well as on solidarity
between member States in Europe. This approach will also be reinforced
through political dialogue with external partners, notably the United
Nations and the European Union.
7. In this context, the Assembly acknowledges
Resolution
S/RES/2626 (2022) of the United Nations Security Council
and European Parliament
Resolution
2022/2955(RSP) entitled “The human rights situation in Afghanistan,
especially the deterioration of women’s rights and attacks against
educational institutions”.
8. The Assembly notes that Afghans represent the third largest
nationality seeking asylum across Europe; many of these are unaccompanied
children and teenagers in transition to adulthood. It recalls the
commitments by the Council of Europe member States enshrined in
the Action Plan on Protecting Vulnerable Persons in the Context
of Migration and Asylum in Europe (2021-2025)
(CM(2021)67-final),
in Recommendation
CM/Rec(2022)22 of
the Committee of Ministers to member States 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
of the Committee of Ministers to member States on supporting young
refugees in transition to adulthood.
9. People fleeing persecution, hunger or insecurity, whether
or not they are recognised as refugees, cannot be blamed for seeking
safety and integration. The Assembly warns against mounting anti-migrant
and anti-refugee sentiment across Europe, including against Afghans.
10. With 95% of displaced Afghans in Pakistan and in Iran, the
Assembly acknowledges that both countries have contributed greatly
to the reception of these people and stresses that it is important
for member States to contribute to this effort as well. It regrets
that many member States have lowered their annual resettlement quotas
at a time when reception needs have never been higher, according
to the Global Trends report “Forced displacement in 2022” of the
United Nations High Commissioner for Refugees (UNHCR).
11. In line with the UNHCR’s Guidance Note on the International
Protection Needs of People Fleeing Afghanistan, updated in February
2023:
11.1 the Assembly considers
that 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 standards of the European Convention on
Human Rights and the case law of the European Court of Human Rights
on the various aspects of vulnerability to which returnees may be
exposed;
11.3 the Assembly observes that a growing number of restrictions
apply to Afghans in Iran and Pakistan, along with an increasing
risk of forced removal. It considers that member States should not return
Afghans to Pakistan and Iran as this may expose them to discrimination
when accessing their rights as well as to the risk of deportation
to Afghanistan.
12. The Assembly considers that Afghans in exile should be provided
with dignified reception and integration conditions as long as their
durable and safe return to Afghanistan is impossible:
12.1 the Assembly aligns itself 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
the efforts made by some member States to 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 the 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 honour their pledges
regarding resettlement and humanitarian aid 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 paid to unaccompanied minors and children transitioning
to adulthood. The Assembly recalls Recommendation
CM/Rec(2019)11 on
effective guardianship for unaccompanied and separated children
in the context of migration, and its explanatory memorandum
(CM(2022)81-add).
It also draws attention to the role of local and regional authorities
as well as civil society organisations in the efforts made in this
regard 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 the Recommendation for a global
approach of the rights of refugees and migrants and the role of
civil society
(CONF-AG(2023)REC2),
adopted by the Conference of International Non-Governmental Organisations of
the Council of Europe;
12.6 in instances where Afghans do not have a form of international
protection and an associated residence permit, other forms of legal
registration providing (at least temporary) leave to remain should be
made accessible (such as work or student visas). This would help
ensure that return decisions do not result from a lack of any alternative
to 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 where applicable:
13.1 in
line with rulings by 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 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 go, including border areas, as recommended by
the European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment 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 a 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 its
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 for 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 it is to be used in a country that is not a partner in the
EQPR;
14.2 the Assembly echoes the invitation to all member States
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 consider joining the Council of Europe Development Bank (CEB).
It calls on member States to maintain their support to the Migrant
and Refugee Fund, especially through grants;
14.3 the Assembly emphasises that the 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 European Union law and the
Visa Code when pertinent. Unaccompanied Afghan children should be
registered as beneficiaries of international protection to ease
family reunification;
14.4 the Assembly invites member States to maintain and increase
their support to the 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 earmarking funds for a specific nationality, which may exclude
some people from reception and support programmes for which they
might otherwise be eligible, based on vulnerability and other individual criteria.
15. With regard to 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 of resuming
their consular services in Kabul with a view to facilitating access
to protection for Afghans most at risk, especially women and children,
in cases where individuals are unable to leave or are prevented
from leaving Afghan territory;
15.3 agrees that the external representations of member States
may provide useful input for country of origin information and be
of significant help in enhancing support, including financially,
for Afghan civil society, especially in support of women and girls.
The possibility for direct scholarships for private education in
medical studies, one of the only areas of education still accessible
to women to date, could 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 United Nations Security Council Resolution
S/RES/2626 (2022), encourages member States, in co-ordination with
the European External Action Service, to increase funding for aid
and co-operation. It highlights the importance of a gradual shift
away from humanitarian assistance to a development-oriented approach
in Afghanistan.
16. With regard to Pakistan and 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 imposing
similar admissibility thresholds should harmonise their procedures
and practices. They should co-ordinate with the European Union in
order to adopt a common approach on family reunification and relocation
of Afghans whenever such relocation to a 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 not only to consulates but also to 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 United Nations Educational, Scientific and Cultural Organization
(UNESCO) Qualifications Passport for refugees and vulnerable migrants,
be used as a basis for the issuance by consulates of individually
adapted qualification assessment certificates in cases of missing
or partially 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 the attention of member States to reception and
assistance fatigue in countries hosting Afghan refugees, especially
in Iran and Pakistan, and expresses its concern at the risk that
this may result in the increased vulnerability of Afghans 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, at national level, humanitarian
aid to support access to education and healthcare 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 (2021), the Assembly
is committed to reinforcing political engagement 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 could 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
recognition, on the part of member States, of the Taliban as a legitimate
authority in Afghanistan;
18.2 any engagement with the de
facto authorities should aim to secure unconditional
respect for and protection of the human rights of women and girls.
Such engagement should also work towards respect for 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 which it is obliged to
respect;
18.3 engaging in a dialogue with all political stakeholders
in Afghanistan, including the de facto authorities,
should include 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, regardless
of the communities and minority groups in Afghanistan to which they
belong.
19. The Assembly is hopeful that this Resolution may lay the ground
for a road map on Afghanistan and will contribute to the reflections
of member States, especially ahead of the Global Refugee Forum in
December 2023 and the UNHCR’s Consultations on Resettlement and
Complementary Pathways in 2024.
20. The Assembly encourages the Council of Europe to explore avenues
for contributing to the EUAA-led Expert Platform on safe pathways
for Afghans, which brings together major partners of the Organisation
with which it would be useful to co-operate, such as EU+ countries
part of the EUAA, Canada, the European Union, the UNHCR and the
International Organization for Migration.
