The Plight of Afghan Women and their Children in City Prisons

Islamabad, Tuesday, December 20, 2022: The National Commission for Human Rights (NCHR), in collaboration with the Legal Aid Office, conducted an on-site visit to Karachi Central Jail following a recent combing operation by Law Enforcement Agencies in Sindh targeting Afghan nationals residing in the country illegally. A report has been prepared detailing the conditions of the Afghan women and their children who are currently being held in detention facilities.

NCHR’s team was led by Chairperson Rabiya Javeri Agha, and the Legal Aid Office was represented by Legal Aid Society’s CEO, Haya Zahid. They met with the detained Afghan women and children, and listened to their ordeals. The Legal Aid Office’s team later conducted interviews with inmates. A questionnaire was administered, which aimed to gather information on demographics, whether these Afghans possessed Proof of Registration (PoR) cards, and if they had legal representation.

Of the total 143 interviews conducted in YOIS, Women’s Prison and Central Prison in Karachi, 44% are juveniles, 39.8% women and 16% men. Of these, an overwhelming majority i.e., 75.5%, arrived in Pakistan in 2022. The most commonly cited reason for arrival in Pakistan for Afghan women was access to better medical facilities whereas, adult males and juveniles stated that the availability of better work opportunities was their primary reason for coming to Pakistan.

The on-site visit revealed that the large number of Afghan Women and children being held is overwhelming for the prison, and it is functioning beyond its capacity of 300. Furthermore, interviews indicated that a significant majority of Afghans wished to return home. The report prepared by the LAO and NCHR has put forth a number of policy recommendations to aid the foreign nationals being detained, and to provide relief to prisons that are operating above capacity.

On the basis of the report, the following is recommended: a strong relationship must be established between the Prison Administration and the Afghan mission in Pakistan to ensure the safe and immediate return of the people, as stipulated by section 14-B of the Foreigners Act, 1946. Secondly, greater sensitivity towards the plight of the Afghan prisoners must be displayed by the Government authorities. The police must show compassion when exercising their power, and the judiciary must ensure speedy trials for such persons. Where sentences are to be awarded, they may be within a minimum time period, or they may be token sentences, such as being detained until the rising of the court.

NCHR is an independent, federal statutory body established under the National Commission for Human Rights Act, 2012. It is the outcome of Pakistan’s Constitutional commitments and its international treaty commitments to promote and protect human rights. Section 9 (a) of the NCHR Act, 2012 endows the Commission with the power to inquire suo motu or upon petitions by victims or any person on their behalf, into complaints of (i) violation of human rights or abetment thereof; or (ii) negligence, in the prevention of such violation, by a public servant.