Refugee & Stateless Persons Law in Pakistan

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Refugee & Stateless Persons Law in Pakistan (2025)

Refugee & Stateless Persons Law in Pakistan (2025)

Pakistan has long been a host to one of the largest refugee populations in the world, especially Afghan refugees. However, its legal framework on refugees and stateless persons remains ambiguous, with no comprehensive domestic refugee law in place.

Who is a Refugee?

A refugee is defined under the 1951 Refugee Convention as someone who has fled their home country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership of a particular social group.

Pakistan's Refugee Landscape

  • Over 1.3 million registered Afghan refugees (as per UNHCR data)
  • Thousands of unregistered Afghan nationals
  • Rohingya refugees living in Karachi without formal status
  • Bengali and Bihari-origin communities in Sindh with unresolved citizenship claims

Legal Status in Pakistan

Pakistan is not a signatory to the 1951 Refugee Convention or its 1967 Protocol. Therefore, there is no national asylum law. Refugees and stateless persons are treated under the Foreigners Act, 1946, which does not distinguish between refugees and illegal immigrants.

Role of UNHCR

The United Nations High Commissioner for Refugees (UNHCR) operates under an informal agreement with the Government of Pakistan. It conducts refugee status determination (RSD) and provides documentation.

Statelessness in Pakistan

A stateless person is someone who is not considered a national by any state. Pakistan has significant stateless populations, especially among Bengali-origin and Rohingya communities, many of whom were born in Pakistan but lack legal documentation.

Causes of Statelessness

  • Discriminatory laws or policies
  • Lack of birth registration
  • Migration without formal status

Recent Policy Developments

As of 2025, the Government has introduced digital identity drives and NADRA verification campaigns to document refugee and stateless populations. However, concerns remain about deportation threats, detentions, and lack of legal safeguards.

Key Legal Challenges

  1. No domestic refugee law or procedure for asylum
  2. Refugees treated under criminal laws (illegal entry, overstaying)
  3. No protection against deportation (non-refoulement)
  4. Stateless persons face discrimination in education, jobs, and voting

What Needs to Be Done?

There is a growing demand among legal experts and civil society that Pakistan should:

  • Enact a Refugee and Stateless Persons Law
  • Become a signatory to the 1951 Refugee Convention
  • Recognize the principle of non-refoulement
  • Ensure documentation and legal protection for stateless persons

Conclusion

While Pakistan has hosted refugees for decades, its legal silence on the issue leaves millions vulnerable. A humane, rights-based, and legally sound refugee and stateless persons framework is urgently needed.

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Written by Syed Mustafa Hussain Gardezi – Advocate High Court
Visit: lets-legislate.blogspot.com

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