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TABLE OF CONTENTS

TABLE OF CONTENTS

Abstract

CHAPTER 1

Introduction

Historical Background

Objectives of Research

Literature Review

Research Questions

Research Significance

Research Questions

Research Methodology

CHAPTER 2

National Scenario

CHAPTER 3

Correlation with CRC

CHAPTER 4

The Islamic concept of seeking refuge

Conclusion

recommendations

Bibliography

CRITICAL ANALYSIS OF STATUS OF AFGHAN REFUGEE CHILDREN WITH SPECIAL REFERENCE TO CRC

Since 2001, when the Taliban regime in Afghanistan was toppled, the country has been embroiled in conflict. The ongoing violence and insecurity has led to the displacement of millions of Afghans, including over a million children. This has created one of the world’s largest refugee crises. Afghan refugee children are among the most vulnerable and face a range of protection risks, including violence, exploitation, and abuse.

The Convention on the Rights of the Child (CRC) is a key international legal instrument that seeks to protect the rights of all children, regardless of their nationality or status. In this article, we will critically analyse the status of Afghan refugee children with special reference to CRC.

ABTRACT

The present study comparatively assesses the status of Afghan refugee children in Pakistan, the rights they possess under CRC, and how they are deprived of those rights in Pakistan from 1979 to 2022. This study will also focus on what steps Pakistan took for Afghan refugee children's well-being and whether those steps were enough or not? T

The legal framework in Pakistan regarding this issue is also discussed to understand the legal status of these Afghan refugee children. This research article will also try to overview the Islamic teaching regarding this issue.

There is a whole Isla Amic law regarding migration. Islam Arabic word Hijrah is used Cfor migration. In which rights of refugees and duties of hosts are elaborated. In the Islamic conception of migration, refugees seek refuge as a matter of their rights.

This article will focus on the Islamic vision of migration and when and why the first migration occurred in Islamic history. It will also discuss other essential incidents of migration in Islamic history as well as the Hadiths, Quranic verses regarding migration, rights of refugees, and duties of hosts defined in the shadow of Islam.

The historical evaluation of the Islamic Concept of migration is to find out the liabilities of Islamic states towards refugees, how they should be treated under Islamic values, and what sort of rights should be given to them under Islamic obligations.

At the same time, this article will compare Pakistan's legal system regarding migration and what status does a refugee do posses under this system. Therefore, This article is divided into four chapters. The first chapter is introductory and sets outs the research objectives and significance, whereas the second chapter discusses the refugee crisis in Pakistan in detail. The third chapter overviews obligations set out by the CRC to which Pakistan is a signatory.

This article discusses the importance of the right to education in this modern world. The right to education is the first right and the most important right. It is a right that is often violated. In Afghanistan, where there are so many problems, this right is in violation. In some areas, there is a lot of killing.

Children are afraid of going to school. Also there is a lot of sickness and disease. In those areas it is difficult to study. But there are many children who will not stay in school. In the future, if they are not educated, they will not have a bright future. So in my opinion, the right to education should be respected everywhere because education has a great value.

Keywords

Convention On The Rights of Child, UNHCR, Migration, Refugees, Refuge, Hijra, Ansar, Muhajirin.

CHAPTER:1

INTRODUCTION

The word refugee is derived from the Latin word "refugium," which means seeking refuge or asylum. Refuge, asylum, and migration are no new words. These words have a long history and can be traced back to 600AD. Mostly asylum was considered as shelter and was given in religious places like a sanctuary.

The word refugee is also defined in different legal documents. Laws like Article 1(A)(2) of the 1951 Convention relating to the Status of Refugees define a refugee as an individual who is outside their country of nationality or habitual residence and is unable or unwilling to return due to a well-founded fear of persecution based on their rac A, religion, ethnicity, political opinion, or membership in a particular social group.

A child means a person as defined under the United Nations Convention on the Rights of Child under Article 1, "A child means every human being below the age of eighteen years unless, under the law applicable to the child, a majority is attained earlier ."Afghan refugee children subject to this research are those children recently residing in Pakistan.

About 500,000 registered Afghan children are living in Pakistan. Pakistan started accepting Afghan refugees before and after the Afghan-Russian War on 24 December 1979 and ended on 15 February 1989. The war created a severe humanitarian crisis in Afghanistan. Geographically Afghanistan is of great importance, so countries like Britain, Russia, and America invaded for their interests.

Resultantly poor Afghans faced the music of their action as it is noted that under the voluntary repatriation program, 5.3 million Afghan refugees returned to their country from Pakistan in 2002. Recalling the brief history of Afghanistan makes it clear that after the Soviet invasion, refugee flux was seen in Pakistan, Iran, and other neighboring countries as Pakistan and Iran hosted a large number of Afghan refugees at that time and up until now.

Under international law, a clear difference between refugees and asylum seekers is that refugees have to return to/her country of origin as soon as the situation settles down there. But in the case of these refugees, Afghanistan is not at peace for four decades since the recent evacuation of the NATO-led economical crisis and political turmoil.

According to Human Right Watch, 95% of Afghan households face food insecurities. According to statista, Afghanistan was placed on no 1 in Global Terrorism Index, 1422 terror incidents followed by 5725 deaths in the year of 2019.

In such a situation, it becomes pretty impossible for refugees in Pakistan to return to their country of origin.

Its budget consists of foreign aid that is now cut off, and assets are frozen due to international sanctions imposed on the Afghan government. That's why Afghan refugees have been residing in Pakistan for four decades, as Pakistan is hosting many Afghan refugees.

Many schools are set up in Pakistan in various provinces of Pakistan in collaboration with UNHCR to educate these Afghans. Many international scholarships are also provided to Afghan Refugees( Italian scholarship and DAAD Germany Scholarship).

Various programs are also started, like housing schemes and vaccination initiatives, but all those projects are mainly dependent on foreign aid. When foreign aid is reduced or limited to a certain margin, these programs stand to stop until such a required figure of foreign aid is given to Pakistan. T

Being the host, Pakistan tried to reduce the vulnerability of these refugees by registering them and setting up refugee camps. But many Afghans left those camps and fled to cities for better-earning opportunities. 1.4 million Afghan refugees are registered, while more than a million are unregistered and live in Pakistan without any legal entity.

This is a point of concern as they are entirely unable to avail of certain benefits which are given to registered afghans and are also subjected to Pakistan Foreigners Act 1946, under which they are considered illegal invaders and are subjected to deportation(as the principle of non-refoulment is a cardinal and principle right of refugees is violated under this deportation).

According to the UNHCR summary of legal assistance and aid program, one January to 31 October 2019, arrests under this Act only in KPK were 885 people from January to October t 2019, Whereas 10 % of total arrests and detention are made under the Foreigners Act and 67%without any charges.

This research seemingly reflects the previous work of researchers and tries to compile all such work to create a clear and concise image of Afghan refugee children in Pakistan.

RESEARCH OBJECTIVES:

This work is built on the knowledge that Afghanistan is not in stable condition. It went through political and economic turmoil simultaneously, being isolated internationally. Its century-old history shows that Britain also invaded it, resulting in the Anglo-Afghan War (July 1839 – October 1842).

In 2002 Afghanistan was invaded by America in the name of the war against terror. Recently American forces left Afghanistan and handed over the government to the Taliban. The humanitarian crisis again occurred in a country with 75% of its budget depending on foreign aid, and the international community sanctions all such assistance.

So this made it even more unlikely that Afghan refugees residing in Pakistan would return to Afghanistan. At the same time, the host community of 1.4 million Afghan refugees does not have any national law for their governance.

No law in Pakistan provides and protects the rights of Afghan refugee children and inspection of those laws under which they are administered. Hence this research will help to find out how to provide and protect the rights of these refugee children residing in Pakistan.

Research Questions

Following are the questions that this research paper will try to answer are as follow:

1. Under what law Afghan refugee children are dealt with?

2. What are international obligations on Pakistan regarding these refugee children?

3. Are those Laws sufficient? If not, what problems are faced by Afghan refugee children in Pakistan?

4. what is the Islamic conception of seeking refuge?

Research Significance


 * This article will recognize that the future of returning Afghan refugees to Afghanistan is not evident due to the prevailing conditions of Afghanistan. It will also help the readers understand and comprehend the current status of Afghan refugees.
 * This research will also shed light on the problems Afghan refugees( especially children) have faced in Pakistan for four decades due to the lack of refugee laws.
 * It will also be trying to establish the fact that under International obligations( CRC) and religious obligations to recognize and protect the interest of Afghan Refugees.

Methodology

This synopsis is produced by writing and referencing the information gathered from research using public, specialized paper-based, and electronic sources until 20 June 2022. It is qualitative research based on available literature regarding the refugee crisis in Pakistan.

It will represent the work of other researchers on the very same topic. It will establish and emphasize the problems faced by refugees in Pakistan(predominantly Afghan refugees as they form the majority of Pakistan's refugee population.

Literature review

Being a refugee is a situation, not a choice. Today, more than 3.6 % of the world's population are migrants, and about 39% of the total refugee population is hosted by these five countries, Turkey, Uganda, Pakistan, Colombia, and Germany. [Arif Azad, Dawn editorial ]. An ongoing refugee crisis started in late February 2022 after Russia invaded Ukraine. This affected the whole of Europe. More than 7.3 million people took refuge in neighboring countries, while 8 million were internally displaced (UNHCR on June 09, 2022).

The unrest in the middle east led refugee crisis in Europe. European Union issued Temporary Protection Directive, which protects refugees and gives refugees access to the labor market. This has been a significant step. The European Union has also provided additional funds to those countries that have to shoulder the burden of the refugee influx.

However, after the Paris attack, refugees faced severe backlash and discrimination in host countries(Madeline-Sophie Abbas,2019). At the same time, 33% of the referendum voters voted in favor of Brexit just because of the migration of refugees and getting control of their borders.

Each country adopted its strategy to cope with this problem, like Turkey hosting Syrian refugees and naming them "GUESTS," even though Turkey refused to take foreign aid[OXFORD ACADEMIC, journal of refugee studies], and Iran is also hosting Afghan refugees as a symbol religious unity.

Only seeking refuge and attaining refugee status is not a solution. They face many problems like health, employment, racism, discrimination, and disrupted schooling and education. Refugees are vulnerable, but refugee women and children are even more susceptible[community organization "Road to Refuge" based in Australia].

So, considering their vulnerability, they must be given special protection and care. Therefore many international instruments consist of special clauses, sections, and provisions relating to the rights of refugee children. Different hosting countries adopt different approaches and strategies that are in the best interest of their citizens as well as for these refugees.

Pakistan hosts 1.4 million registered Afghan refugees, and about 300,000 fled to Pakistan in 2021. They are written by (Drive) and give proof of registration cards (PoR cards). Those not registered for any reason are subjected to the Foreigners Act 1946. Under this Act, refugees are considered illegal invaders and can be arrested and detained.

Pakistan has not been party to the international convention on the rights of refugees ( Geneva convention on the status of refugees 1951) and its additional protocols (1967). It has not legislated any domestic law for its administration.

Mainly the 1951 convention on the rights of refugees and 1967 protocols, whereas the Universal Declaration of Human rights also states 14(1) that everyone has a right to seek refugee. Refugee rights are also defined in the Universal Declaration of Human Rights. At the same time, it is evident that UDHR is not binging in nature. So state parties cannot be forced to fulfill their obligations.

In the same way, UNHCR doesn't have an effective mechanism as it is formed from United Nations general assembly resolutions, and resolutions are not binding. There are lacunas in international refugee laws, too, but at least it defines some core and fundamental human rights to be given to refugees.[ Research Society of International Law, Ahmer Bilal Soofi].

These principle rights can be categorized as

● Non-refoulement.

● Right to identity.

● Freedom of movement.

● Right to family.

Non-refoulement means that if a person seeks refuge country can either accept him or let him seek refuge from another country. But in no situation will he be returned to his country of origin. It is stated in article 7 of ICCPR, the fourth Geneva convention 1949(49 para 4), etc.

Right to identity means they should be given identity cards to start an everyday life again. Identity cards are the prerequisites for traveling, opening a bank account for doing a job, etc.

Freedom of movement means a person is free to move within that state and internationally, and it is directly attached to the right to identity.

But as earlier mentioned, arrests are being made under the Foreigners Act violate this right; as stated in an interview by Afghan Refugee, The police did not use to beat us much before December 16, 2014 [when the Taliban attacked a Pakistani school]. Now they [beat] us for no reason. I fear they will kill me when I don't have bribe money. None of my other family members except my brother and me leave the house now. Our children do not go to school; they do not even go to play outside anymore. But I cannot go back to Afghanistan.

―Karim (a pseudonym), an Afghan shopkeeper living in Peshawar, July 2015

The right to a family is one of those rights granted to refugees. Suppose

one family member is given refugee status. In that case, he has a right to family, so his family should also be given refugee status in the same country by applying for a Family reunification Application [Bilkent University, Prof.Tuğba Bayar].

There are technicalities to the determination of the status refugee. The country itself determines whether a person is to be given such status or not. But as a state party to CRC, Pakistan is duty-bound to protect rights elaborated under CRC for refugee children. But despite a quarter of a century since Pakistan ratified CRC till now, no enabling law has been incorporated [Dr. Aisha Mehnaz chairperson department of Pediatrics, DUHS].

Primary among many CRC provisions for refugee children is their mandated inclusion and special protection. As Article 22 singles out refugee children as due special treatment, so does Article 23 for children with disabilities, thus putting two groups of disadvantaged children on equal footing with all others.

That inclusive status is precious for children whose refugees may be used. As a result of many efforts made by social workers, activists and organizations, a seminar was held in Quetta Balochistan, where training was given to judges and some lawyers about refugee laws.

The object of this program was to spread awareness about this specific subject[UNHCR]. At the same time, political leaders and government officials considered these refugees a burden on the economy.

SAFRON Minister Mr. Abdul Qadir Baloch said Afghan refugees burdened Pakistan's economy. During my interview with Mr. Taqi Theme (National Database Registration Authority, director jhang) stated that many Afghan Refugees under a fear of repatriation to Afghanistan started registering themselves as Pakistani Citizens. Being citizens they will be able to apply for government jobs, they can travel under Pakistani visa, can start a business, get themselves admitted in schools, colleges and universities.

On inquiring what the GOP is doing on this particular issue. He answered that if a complaint is received their id cards are blocked. As they can not be deported under the principle of non-refoulement.

The refugee status includes the clause of return to a place or country of origin when such fear or threat of persecution ends. So, therefore, their repatriation is being regulated by two documents.

●  UNHCR sponsored (multi-year regional policy )known as SSAR stands for Solutions Strategy for Afghan Refugees

● Pakistan's National Policy[Evolving Migration Trends from Afghanistan: Management and honorable Repatriation of Afghan Refugees in Pakistan, Waseem

Ishaque, Shabnam Gul, Muhammad Faizan Asghar].

CHAPTER:2 NATIONAL SCENARIO

MACHINERY WORKING IN PAKISTAN FOR THE BETTERMENT OF AFGHAN REFUGEES IN PAKISTAN(CHILDREN).

Since the early 1980s, Pakistan has been hosting Afghan refugees. The number of registered Afghan refugees in Pakistan is currently around 1.4 million, according to the UNHCR. This makes Pakistan the third-largest refugee-hosting country in the world after Turkey and Lebanon. Most of these refugees are located in Khyber Pakhtunkhwa and Balochistan provinces, which border Afghanistan.

Despite their large numbers, Afghan refugees in Pakistan have not received much attention from either the Pakistani government or international aid organizations. This is particularly true for those living in remote and rural areas. In recent years, however, there has been a small but growing effort to improve conditions for Afghan refugees in Pakistan through projects that focus on education and child health.

Being the host of such a large refugee population, Pakistan has many institutions and organizations for managing its affairs and providing them facilities subject to its resources.

Following are the institutions working in Pakistan;

1. UNHCR(United Nations high commissioner for the rights of Refugees ).

2. CAR(commissioner for Afghan refugees by SAFRON). In 1979 an order passed by the Federal Government under that order CCAR was established for each province for Afghan refugees. Commissionerate Afghan Refugees was established in 1979 under the Federal Government Orders to facilitate the Afghan Refugees.

The latter were crossing the borders and coming into Pakistan to find refuge due to the ongoing war in Afghanistan. These CCAR (Commissionerates and the Chief Commissionerate ) work under the Ministry of SAFRON.

3.RAHA(refugees hosting areas and programs), in 2009, the Government of

Pakistan, through the Ministry of States and Frontier Regions (SAFRON) and the Economic Affairs Division (EAD), in partnership with UNHCR and a consortium of other UN agencies, initiated the Refugee Affected and Hosting Areas (RAHA) Programme.

UNHCR established 158 schools, 55 home based schools for girls, 48 satellite classesand 13 early childhood education centers in Refugee villages. UNHCR reduced its funding since the voluntary repatriation programme was initiated.

The RAHA projects prioritize five main sectors of interventions: education, health, livelihoods, water, and infrastructure.Individuals who benefited from RAHA projects are 15% Afghan refugees and 85% Pakistani in all education, health, infrastructure projects, etc.

As a result of many efforts made by social workers, activists, and organizations, a seminar was held in Quetta Balochistan, where training was given to judges and some lawyers about refugee laws.

The object of this program was to spread awareness about this specific subject. Drive As a result of the efforts of NGOs, social workers, and activists, PoR cards(proof of registration) were introduced. Proof of Registration was provided to Afghan refugees so they could be facilitated. PoR cards were extended after every year. The benefits of PoR cards are as follows:

● Freedom of movement

● They can register Sim cards

● According to the Punjab government, PoR card holders can apply for quota seats for Afghan refugees(seats reserved in fields of MBBS, Engineering, and MBA). In Punjab, only one MBBS seat is reserved, whereas no data is found for that seat for 2021-2022.

Whereas notification was given by saffron, according to which these cards were extended to June 30, 2020. But for, cards don't guarantee them to travel internationally.

PROBLEMS FACED BY AFGHAN REFUGEES (CHILDREN) IN PAKISTAN

● According to the UNHCR, a PoR card is not a travel document and does not allow the cardholder to cross international borders, including between Pakistan and Afghanistan. This violates freedom of movement as they are not given such rights even though they are registered.

● Whereas higher educational quota is fixed for these refugees, which means only a few can access education through selected seats.

● Unregistered Afghan Refugees are deprived of health and educational facilities and aid given to refugees under the international aid programs of UNHCR.

● Afghan refugees are facing unemployment.

● Many Afghan refugee children are facing psychological problems as well as bodily diseases like tuberculosis are also common among them.

● Most prevalent reported infections were respiratory tract infections (48.05%). Skin diseases and Diarrhea collectively affected 21.08% of Afghan refugees. Overall, the disease burden was more in females than males in the Afghan refugee population. To the best of our knowledge, this is the first comprehensive report on the health and disease status of Afghan refugees and IDPs in Pakis tan.

(Disease status of Afghan refugees and migrants in Pakistan. [Muhammad Suleman Malik, Muhammad Afzal, Alveena Farid, Fati Ullah Khan, Bushra Mirza, Mohammad Tahir Waheed].Many cases are lodged by Afghan Refugees taking plea that they were born in Pakistan although their parents and grandparents were the citizens of Afghanistan but for them Afghanistan is like estrange land and nothing.

It would be like migration to them if they were repatriated to Afganistan. By referring to Section 4 of the Pakistan Citizenship, many seek citizenship through jus soil principle but were turned down by the courts. This long stay of these Afghan Refugees made them integrated into Pakistani society. Many of them married to Pakistani citizens. When repatriation started Pakistani spouses  refused to accompany their spouse to Afghanistan.

SAFRON (Secretary of Ministry of States and Frontier Regions) in Peshawer ,Shahzad Ahmad Arbab told that GOP was considering to give legal status to those Afghan nationals who married to Pakistani women.

The repatriation of Afghan refugees, Pakistani women married to Afghan refugee men refused to accompany their husbands to Afghanistan and demanded fron GOP to give Pakistani nationality to their spouses. Many protesta and  demonstrations were held by these women for the acceptance of their demand.

Mr. Arbab said that GOP will soon give legal status to those Afghan Refugees who have married to Pakistani women and didn’t want to go to Afghanistan with their Afghan spouses. There are number of cases of inter-marriages between Pakistani women to Afghans reported in recent past in which they refused to leave Pakistan. He said that the GOP also showed flexibility towards Afghan refugee students  and Afghan traders which will further strengthen Pak-Afghan relation.

The Peshawar High Court  ordered the interior ministry to grant Pakistan’s citizenship to a Pakistani man’s Afghan spouse and process the case in three months. Pakistani citizen Mohammad Ilyas filed a petition which was accepted by bench of justice ishtiaq Ibrahim and Justice Roohul Amin Khan. In his petition he seeked court’s orders for granting her Afghan wife Pakistani citizenship on the basis of Pakistan Citizenship Act 1951.

Interior secretary was directed to complete the process of granting citizenship within three months. Although the order was issued but Mr.Illyas lawyer, Saifullah Muhib said that his applied to interior minitry and he visited interior minitry several times but his wife was not given citizenship.

The petitioner’s lawyer, Saifullah Muhib Kakakhel, said his client had married an Afghan woman in 2017 following which he had applied to the interior ministry for granting her Pakistani citizenship on the ground of marrying a Pakistani man.

CHAPTER:3 CORRELATION WITH CRC

Introduction to CRC

CRC is referred to as the International Convention on the Rights of the Child. It was Adopted on 20 November 1989 by United Nations General Assembly. To monitor the enforcement of this convention and protect the child rights committee on the rights of the child was created. Pakistan ratified CRC in 1990 as CRC makes an international obligation upon Pakistan for the rights of Refugee Children.

Such a correlation is created between Afghan Refugee children's Status and CRC because Pakistan has neither ratified nor incorporated any law concerning this subject Refugees) so far. According to Commissioner Scotland's children and young people, Scotland, Article 22 of the UNCRC is about refugees. The CRC's Preamble is as follows:

Remember the fundamental concepts that are the basis of UN and the specific provisions in specific Human Rights treaties, proclamations and agreements.

Recognizes that children, because of their vulnerability, require special attention and security. Particular emphasis is placed on the primary care and protection responsibility for the whole family. It emphasizes the importance of protecting of the child, both prior to and after birth.

Respect for the child's culture values. The crucial role played by international cooperation in protecting the rights of children. CRC defines child any person under 18 years. It clearly states that if a minor or young person leaves his country to escape any atrocity. They possess specific rights under CRC as follows.

● Shelter

● Medical treatment

● Education

This statement by CSYP indicates that whoever is a child refugee should be given above mentioned rights. The state party to the CRC is under an international obligation to fulfill these requirements. International Obligation upon Pakistan under CRC, As Pakistan is a state party to this agreement is obliged to satisfy the conditions set out by this instrument for the rights of children,

1. Civil rights and freedom

2. Family environment and alternative care

3. Health and welfare

4. Education, leisure, and culture.

5. Best interest of child.

6. Participation in social life.

7. Special protection measures:

● Emergency Situations

● Justice system

● Child Exploitation

● Minority groups.

It is enough that the state members become obliged to provision under CRC only just by ratifying this treaty. It is their duty to make laws and implement such laws for the enforcement of this convention for the best interest of child.

Article 1 -41 states the rights if child and obligations of states and its governments for enforcing and protecting such rights given under CRC.

Article   3 states that best interest of child should be secured.

Article   4 puts the state party under responsibility to be obliged under CRC.

Article   5 states the paternal care and child’s capacity to evolve.

Article 8 related to the preservation if identity of a child that includes right to family,nationality and name.

Although certain Acts are being made on provincial level for the protection of child namely:

1.The Child Protection Authority Law(sindh).

2.Child Protection and Welfare Act, 2010(Khyber Pakhtunkhwa).

3.Punjab Destitute & Neglected Children Act, 2007.

4.The Balochistan Child Protection Act (Act No. VII of 2016).

But no Act yet passed that incorporates CRC provisions solely. Whereas the implementation of these above-mentioned laws is also limited as Child right activist Kashif Bajeer said that the amendment made in the Child protection Authority Act is just an eye wash. He also added that the seriousness of the Sindh Government can be gauged that they haven't held a single meeting of the Child Protection Authority, 1 Feb 2021.

Fortunately, it assigned certain rights to parents of refugee children. The reason for giving such rights to parents is that parents are the custodians of the protection and security of their family, and the right to family is the inherent right of a refugee (whether child or adult).

There is no domestic refugee law in Pakistan, but the foreigner's Act does define refugees, and at the same time, Pakistan is hosting 1.4 million registered Afghans. As they are considered refugees, given the PoR cards, GOP becomes duty-bound under CRC to protect all such rights defined under CRC as well as the rights of their parents.

Afghan refugee Children

All rights mentioned above are inalienable and indivisible. Several reports show that Afghan refugee children in Pakistan are not given all such rights as they are entitled to (CRC). CRC, at the same time, provides rights to the parents of those children so as they can guide them as mentioned in Article 14(2), "States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child."

The reason why CRC is assigning rights to parents as they are not isolated from their children. Whatever affects them will definitely and will directly affect their children. Therefore parents are to be given such rights mentioned above.

IMPLEMENTATION OF CRC:-

Fifth periodic report of

The Fifth periodic report of the Implementation of CRC was submitted by the Government of Japan to the Committee on the Rights of the Child in November 2016. The report covers the period from January 2013 to December 2015, and provides an overview of Japan’s progress in implementing the Convention on the Rights of the Child.

In terms of child rights protection, Japan has made efforts to promote a child-friendly society by enacting various measures such as revised Act on Special Measures for Promotion of Safe and Secure Youth Society in 2013. The number of juvenile crime cases has been declining year by year, and reached its lowest level in fiscal year 2014. In addition, free compulsory education is being provided up to junior high school level, and almost all children are enrolled in schools.

1. The Committee showed concerns about the 18th Constitutional amendment 2010, which gave power of legislation to provinces, and now some federal laws on children are not adopted by provinces.

2. By referring to its comment, "Committee's general comment No. 5(2003) for available measures for the implementation of CRC and repeats its previous recommendation that Pakistan should effectively increase its budgetary allocations for children, especially for Internally displaced persons, girls, refugees, religion, children without parental care.

3. Special protection measures (arts. 22, 30, 32-33, 35-36, 37 (b)-(d), 38, 39, and 40) committee is also concerned that refugee children remain unregistered as their parents are not registered, so they are deprived of education.

RECOMMENDATIONS BY COMMITTEE

● Pakistan should consider adopting a domestic refugee law following international standards and continue to host refugees according to that law.

● Give refugees shelter and adequate housing to those who live on the streets and especially to those who have children in their families.

● Pakistan, consider ratifying the 1951 Convention relating to the Status of refugees along with its 1967 Protocol, the 1954 Convention on the Status of Stateless Persons, and the 1961 Convention on Reduction of Statelessness.

Bar in the incorporation of CRC is mainly considered as 18th amendment. After the 18th amendment, decentralization gave birth to this problem, so enforcement of these provisions is to be provincially legislated.

A huge part of the 18th amendment deals with the relationship between federation and provinces, and it strengthens the provinces by assigning them certain powers( Asian Journal of Management Cases 17(1) 61–84, 2020S).tracking down enforcement and protection of child rights became more complex.

The provincial level of the Sindh child protection authority act was amended to provide speedy justice. This Act protects children from being Exploited physically or emotionally. At the same time, child protection authorities can take suo motu upon child abuse.

CHAPTER:3

ISLAMIC CONCEPT OF SEEKING REFUGE

Early Islamic Migration, The Abyssinian Migration

The migration of Muslims to Abyssinia was not just for any other reason. The people of Quraysh used to torture the Muslims for their faith. The Muslims tried to reach the city to seek refuge from the king, Negus.

The Muslims were refugees and they were facing a lot of difficulties. The ruler stated that they were refugees and that he will not harm them and that they can live in the city peacefully.

The migration took place in 613 CE. The king gave them refuge and took care of them. He also gave them food and clothing. The king also had a personal slave who was a Muslim and he taught the Muslims the Qur'an and about the Prophet (Peace Be Upon Him). It is said that the Muslims stayed in Abyssinia for about twelve years. This is the first migration from which Islam proceeded.

The same thing happened when they reached there. The king not only gave them shelter and also treated them very well. The Quresh tried their best to extradite those refugees from Abyssinia. They made a plot to defame Muslims who Muslims are saying things that are against their religious values. But the king turned the Qureshi ambassador empty-handed. They also tried to bribe him but to no avail.

Migrations Of Prophets

In the Holy Quran, several incidents are mentioned where Prophets were ordered to move somewhere else where they could live peacefully like Prophet Ibrahim in the surah. Two persons in his family believed in his teaching; however, Abraham migrated along with Lot, his nephew, Sarah, his wife, and the other believers. So Quran 29:26 states that So Lot believed him (Abraham). He (Abraham) said: 'I will go because of my Lord. Indeed, He is the Almighty, the Wise.

It is mentioned that Allah Subhanawatala rescued the ProphetProphet Abraham and the ProphetProphet Lot to the land Allah blessed for the worlds [Quran 21:71]. Another migration of Prophet Musa was mentioned in Surah Taha in Holy Quran, in which Prophet Musa was commanded to take his people and cross the river as Pharaoh was making their lives miserable by inflicting rigorous punishment on them. As he threatened the people not to believe in one Allah; otherwise, they would face heart-drenching consequences.

Migration to Madinah

This migration is well known in Islamic history as it involves the migration of the Holy Prophet (Peace Be Upon Him). Early Muslims were facing torture and persecution in Makkah. So the Holy Prophet (Peace Be Upon Him) saw a dream of migration.

Narrated by Abu Musa that the Prophet (Peace Be Upon Him) said, "I saw a dream that I was migrating from Makkah to a land in which there are date palms, and I thought that it was Al-yamamah or Hajar, but it turned out to be Al-Madinah .narrated by Al-Bukhari,3352; Muslim,4217[Muhammad Al-Munnajid gave the reference ]. So one day, Holy (prophet Peace Be Upon Him) reached Hazrat Abu Bakar at an hour when he never used to visit him.

The Holy Prophet told Hazrat Abu Bakar that he had been permitted to migrate, and Hazarat Abu Bakar had to accompany him. They then left for migration, during which they stayed in a cave to escape their enemies.

When they reached Madina Holy Prophet bought a plot and built a masjid there. As Muslims arrived at Madinah they were treated warm-heartedly by the hosts. [al-Bidaayah wa’l-Nihaayah by Ibn Katheer, 4/168-205 KATHIR)]

Emigrants were named "Muhajir." Those who helped Muhajirin on arrival to Madinah were called Ansar(helpers).

Quranic Verses About Hijrah

The word Muhajir "مہاجر "from root "حجر "came 31 times in Holy Quran in 17 ayahs of different surahs, including Baqarah, Al-Imran, Anfal, Nisa, Tawbah, Maryam, Noor, Nahal, Mominun, Forqan, Haj, Hashr, etc.

When we read these ayahs, it becomes clear that Hijrah for the sake of Allah and to save oneself from hardship is a good deed, and those who do this will be rewarded in this world and the hereafter. At the same time, those who helped them in those times they will also be given the higher stations in the hereafter and also in this world.

● Surah Al-Anfal ayat 74 states that:

Those who believed in Allah and migrated and fought for the sake of Allah and those who sheltered them are true believers, and for them is forgiveness of the creator.

● Al-Quran Surah Tawbah verse 117 states that Allah forgave the Prophet and the Muhajireen(the refugees) and the Ansar(the helpers) those who followed Him in times of difficulty as their hearts were likely inclined [to doubt] and Allah was Kind and Merciful to them.

● Al-Quran Surah Tawbah verse 100 states that:

Those who first migrated(Muhajirun) and paved the way for others and the Helpers(Ansar) and those who followed them, Allah is pleased with them, and they are happy to with Allah,

and they will have gardens and rivers of paradise.

● Surah Nisa ayat 36,states that ;

Be kind to the parents, needy neighbors, and wayfarers, as Allah doesn't love those who are proud and boastful. In this ayat, the wayfarer means those who are emigrants.

Rights Of Refugees Under Islamic Hijrah Law

As once refuge is given to a person, he does possess all rights as the citizens of that country to possess like the right to life, right to education, right to carry out business, right to sue, health, protection, security, right to property, etc.

● In light of the Holy Quran, those who seek refuge, even among the disbelievers, must be given shelter and shall be protected for Allah's sake as stated in Al-Quran Surah Tawbah verse

● Those who are refugees must be protected and treated in the same way the muhajir Of Makkah were treated.

● They should be given all rights they do possess in their homeland.

● An American Muslim scholar named Omar Suleiman. He is the President and the founder of Yaqeen Institute for Islamic Research. While answering a question regarding refugees said, "Refugee crisis and rights of refugees should be considered under the right to life while giving reference to hadith 31 of 40." In Holy Quran, it is clearly stated that before anything, you are Muslim, and being Muslims, we all are obliged to help each other.

According to the hadith Holy Prophet(Peace Be Upon Him), Muslims are like a body; if one Muslim is in pain, the whole ummah will feel that pain-like pain in one part of the body, makingmaking the rest of the body restless.

As in the current scenario, Muslims are facing problems worldwide, whether in Syria, Yemen, Iraq, Afghanistan, Kashmir, or Palestine. All Muslims and the Muslim states must help them for the sake of Allah.

PAKISTAN AND ISLAMIC LAW OF REFUGE

Pakistan is an Islamic state hosting Afghan refugees for four decades. Being an Islamic state, Pakistan is duty-bound to treat them as if they were its citizens. The Islamic Hijrah law requires the State and its subjects to provide refuge and asylum to Muslims as well as non-Muslims who seek this refuge.

Giving shelter is not enough; they should also be protected, and their rights to life, liberty, and property should also be preserved. The State must provide and protect these rights.

But in Pakistan, there is neither Islamic Hijrah law nor any domestic or international law to safeguard the rights of refugees. They are living in a social, economic, and political vacuum. There is no law for their governance.

In Pakistan and other Muslim countries law of Hijrah is rarely invoked. Although it has a vast application and can tackle many refugee-related issues, it is not applied in the contemporary Muslim world. [Khadija, E. K. (2008, July)].

In this situation, the most vulnerable are the refugee children and women. In the review of the book "Rights of the child in Islam" by professor Munir, As a framework given by maqasid al sharia for the enforcement and protection of children's rights in Islam. He tries to interrelate the role of an Islamic state in this regard.

While discussing children's rights, he mentioned 'Durat' (necessary interests) as the meaning of the word indicates that these interests are necessary; otherwise, they will cause chaos in society if not protected.

These are the rights like the right to life, right to profess faith, rights of progeny, right of intellect, and proprietary rights. In the same book, Dr. Muhammad Munir also establishes that the State is duty-bound to provide such rights to its subjects without discriminating based on their gender.

Conclusion

Although the Government of Pakistan has taken many steps to secure Afghan refugees in the past, the political turmoil and some technical legislative gaps made it hard to implement CRC. It is concluded that all those initiatives were not enough and were not imposed as they must be. There is a need to understand, prioritize and secure the rights of these Afghan refugee children as our obligations.

It is hereby also concluded that in Islam, not only does the concept of migration exists in the form of Hijrah law, but it also assigns the certain right to refugees and certain duties to the host country and its subjects. According to this, all Muslim states being Muslim must act upon these guidelines as provided by the Holy Quran and Sunnah of Prophets.

Recommendations


 * Pakistan being Muslim State, is duty-bound to legislate migration laws, and those laws must follow the teaching of Islam, and those laws must be incorporated into its domestic legal system.


 * As far as the process of legislation is concerned, it would take a long time to make a law. So, therefore, it is recommended that the President of the Islamic Republic of Pakistan shall take due notice of this problem and issue an Ordinance to provide immediate relief to Afghan refugees(especially children).


 * Immediate action must be taken to safeguard these Afghan refugee children by making laws that define their rights and duties. They should not be dealt with under Pakistan Foreigners Act1946.


 * Government should provide them a legal permit for doing business so that the future of the children of these Afghan merchants should be secured. Laws must be incorporated into our national framework to make the implementation of CRC possible.

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