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Final Statement on Tripartite Commission meeting on Afghans in Pakistan

March 31, 2004

On 29 March, the Government of Pakistan hosted the fourth meeting of the Tripartite Commission on voluntary returns of Afghans from Pakistan, composed of the Islamic Republic of Pakistan, the Transitional Islamic State of Afghanistan and the UN Refugee Agency (UNHCR).

The one-day session in Islamabad was the fourth gathering of the Commission, created in March 2003 on the signing of an agreement between the same parties governing the repatriation of Afghan refugees from Pakistan. It comes three weeks after UNHCR resumed the voluntary repatriation of Afghans from Pakistan, which had been suspended following the 16 November killing of a UNHCR field worker in Afghanistan. More than 20,000 Afghans have returned this year from Pakistan, after more than 1.9 million returns in the previous two years.

The meeting was chaired by Ashfaque Mahmood, Secretary, Ministry of Kashmir Affairs, Northern Areas, and States and Frontier Regions. Mr Habibullah Qadri, Senior Advisor to the Ministry of Refugees and Repatriation led the Afghan delegation. Mr. Filippo Grandi, head of the UNHCR office in Kabul, and Mrs Guenet Guebre-Christos, head of the UNHCR office in Pakistan, led the UNHCR delegation

Under the Chairmanship of the Islamic Republic of Pakistan, the parties to the Tripartite Commission reached the following conclusions:

The parties took note of the successful resumption at the beginning of March of assisted voluntary repatriation of Afghans from Pakistan, noting that more than 20,000 individuals have returned so far. In order to encourage further returns in 2004, it was agreed that more intensive efforts will be made to inform refugee communities of improved conditions in areas of likely return. These steps will include the identification of specific areas within Afghanistan where the situation is more conducive to return, improved dissemination of information including by radio, and more contacts between communities of origin and refugee communities.

The parties underlined the need, given the expiration of the Tripartite Agreement in two years' time, to focus on enhancing repatriation during that period. At the same time, the parties emphasized the importance of a timely anticipation of evolving scenarios, which will involve a comprehensive analysis of population movements and residual caseloads. UNHCR confirmed its continued engagement on behalf of Afghan refugees while noting that its traditional role will be adapted to the new circumstances.

The parties agreed that more focused attention be paid to potential obstacles to refugee return, such as access to land, with a view to addressing a concern cited with increasing frequency by potential returnees. The Government of Afghanistan was requested to examine the options for making land available to returning Afghans, with the parties noting the need for international assistance to develop related infrastructure.

The parties welcomed the improvement in the security situation since the last meeting of the Tripartite Commission. Pakistan noted its unprecedented and ongoing military measures to ensure security in the border regions, while Afghanistan informed the Commission of the expansion of international security forces in that country. All parties acknowledged that the deployment of international forces to potential areas of return has had a positive impact on reintegration and humanitarian access. The Government of Afghanistan noted that insecurity and lack of economic development were strongly linked.

The parties reaffirmed the importance of ensuring that refugees are registered and able to vote in Afghan elections announced for September 2004. The Government of Pakistan reiterated its willingness to facilitate the process on its territory and awaits a formal announcement from the Government of Afghanistan that it wishes to conduct polling in Pakistan and Iran. The parties highlighted the short time available to conduct the registration of eligible Afghan voters in Pakistan.

It was agreed that the report by the Working Group on Census and Registration of Afghans in Pakistan (Governments of Pakistan and Afghanistan and UNHCR) should examine the possibility of incorporating the out-of-country voter registration into the planned Afghan census and registration. The local UNAMA representative in Islamabad will be invited to join the Working Group which will develop a plan of action, including budget, to be presented to all stakeholders by the third week of April 2004.

The parties noted the successful closure in March of the Shalman camps, with approximately half the population choosing assisted repatriation over relocation to an alternative camp in NWFP. The meeting was informed that the Balochistan Government has given its formal agreement to the relocation of the Chaman camps to Malgagai camp in Muslimbagh. This site was identified as the location for the population of Chaman which does not elect to repatriate.

The Government of Afghanistan shared a proposal, incorporated in the National Development Budget, describing a project that could be funded through a financial contribution by the Government of Pakistan for development in Afghanistan. The GoP reiterated its desire to support the reintegration of Afghan returnees through the provision of in-kind housing assistance. The GoA pledged to complement this aid by allocating the necessary land, preferably to new returnees.

The Commission reviewed the issue of Afghans detained in Pakistan under the Foreigner's Act. While underscoring the Government's security concerns, the GoP stated that Afghans not involved in any criminal acts would be released expeditiously pursuant to due process of law.