Beyond Borders, Beneath Law: The Legal Vacuum for Refugees and Asylum Seekers in Pakistan

Abstract

The legal regime related to refugees and asylum seekers in Pakistan is a crucial but often neglected part of the national legal mechanism. As the host of millions of refugees, mainly from Afghanistan, Pakistan is not a party to the 1951 Refugee Convention or its 1967 Protocol. The lack of international commitments means that there are substantial voids in the protection and rights of refugees and asylum seekers. At home, Pakistan has no refugee protection law, so the refugees are vulnerable to arbitrary decision-making on an ad hoc basis under administrative measures. This article analyzes the available legal provisions, constraints, and lacunae with respect to refugee rights in Pakistan and underscores the vulnerable situation of refugees and their lack of access to education, health, and employment. It further addresses the role of international organizations, as well as local NGOs, in filling these gaps. The study recommends a more robust legal support framework in order to protect refugees and maintain their dignity in harmony with the norms of international human rights.