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NHRC urged to protect the Afghans fleeing Taliban’s persecution by granting refugee status

New Delhi : The Rights and Risk Analysis Group (RRAG) has urged the National Human Rights Commission (NHRC) to protect the Afghan nationals who have fled to India in the wake of the Taliban takeover of the country by granting them refugee status.

In its complaint, the RRAG urged the NHRC to set up a division within the NHRC to process the refugee claims of the Afghan refugees who have fled to India following the Taliban takeover of Afghanistan or who were in India but are unable or unwilling to return; issue direction to the Government of India to not repatriate any Afghan refugee without prior sanction of the NHRC, and direct the Government of India to formulate a policy on the Afghan refugees and provide all basic relief assistance as well as cash at par with the Tibetan and Sri Lankan refugees.

In a statement issued on Wednesday, Director of RRAG, Suhas Chakma said, “It would be a historic blunder if India fails to grant refugee status and protection to the Afghan nationals who have fled to India irrespective of their religion.”

Stating that the Afghans who fled to India including the members of parliament had worked with the Government of India in the last 20 years, which makes them special targets of the Taliban, Chakma said, “India cannot abandon them by granting only e-visas.”

The Afghans who fled to India in the wake of the Taliban take over include Member of Parliament (MP) from Wardak, Wahidullah Kaleemzai, MP from Parwan Abdul Aziz Hakimi, Abdul Qadir Zazai; Senator Malem Lala Gul, Jamil Karzai, the former MP and second cousin to former Afghan President Hamid Karzai, MP from Baghlan, Shukria Esakhail, Senator Mohamamd Khan, former Finance Minister, Abdul Hadi Arghandiwal, Mohammad Sharif Sharifi, the brother of former Vice-President Younus Qanooni; Ms Mariam Solaimankhail, MP and Senior Advisor to Afghanistan’s Upper House, Qais Mowafaq.

Taking cognizance of the very volatile situation in Afghanistan, Chakma said, India on Tuesday introduced a new category of electronic visa called “e-Emergency X-Misc Visa” intending to fast-track visa applications from Afghans for entry into India.

“The grant of “e-Emergency X-Misc Visa” is highly inadequate to address the needs of the Afghans fleeing to India. Visa comes with an expiry date which can be denied at any time. Visa by definition also excludes extension of any humanitarian assistance by the Government and any possibility to work or engage in activities necessary for survival ”.

“The grant of emergency visa, therefore, does not take into account the needs of the Afghans who fled to India and the fact that they are not in a position to return to Afghanistan as the Taliban has taken over the entire country and refoulement means certain torture or even death,” he pointed out.

Having entered the territory of India, Chakma said the Afghan nationals have protections under Article 21 of the Constitution of India relating to the right to life.

“The Afghans require humanitarian assistance such as shelter, food, clothing, schooling for their kids, health and medical facilities and cash doles or opportunity to work or engage in activities for survival,” the RRAG Director said.

According to Chakma, the Government of India has been already extending similar humanitarian assistance to about 73,404 Tibetan refugees living in different states in India and 59,506 Sri Lankan refugees staying in 107 camps in Tamil Nadu and one camp in Odisha.

Quoting the Home Ministry’s annual report 2019-2020, Chakma said, “India had spent Rs. 40 crores on the Tibetan refugees from 2015-2016 to 2018-2019 and Rs.1021 crores on the upkeep of the Sri Lankan Tamil refugees in India as of December 2019.

“Therefore, there is no reason as to why India must not formulate a policy on the Afghan refugees,” RRAG Director stated.

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