[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 235 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
S. RES. 235

 Expressing the sense of the Senate with respect to the protection of 
                Afghan refugees, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2002

 Mr. Wellstone (for himself, Mrs. Boxer, and Mrs. Feinstein) submitted 
   the following resolution; which was referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the Senate with respect to the protection of 
                Afghan refugees, and for other purposes.

Whereas more than 3,500,000 Afghan citizens are currently refugees in Pakistan 
        and Iran, displaced by decades of civil war and conflict, and at least 
        1,000,000 Afghans are internally displaced within their own country;
Whereas, since the overthrow of the Taliban, thousands have continued to flee 
        Afghanistan or have been displaced inside the country, including ethnic 
        Pashtuns escaping persecution in the north, and others are fearful of 
        returning home due to unstable, violent conditions in various parts of 
        Afghanistan;
Whereas only the creation of a secure, stable Afghanistan that protects the 
        rights of all citizens, including women and ethnic minorities, can 
        provide the conditions in which refugees and displaced persons can 
        safely and voluntarily return to their home communities;
Whereas, until conditions warrant the safe, voluntary return of Afghans, 
        neighboring countries should uphold their international humanitarian and 
        legal obligations to provide refugees with adequate protection and 
        humanitarian assistance, and to uphold the right of refugees to cross 
        international borders in order to seek asylum;
Whereas the Governments of Pakistan and Iran have allowed Afghan refugees to 
        remain in those countries of asylum, despite the enormous economic and 
        social costs this involves;
Whereas the United States and other members of the international community 
        should continue to offer expanded financial and other assistance to 
        internally displaced Afghans and to governments hosting large Afghan 
        refugee populations;
Whereas in November 2000, Iran and Pakistan officially closed their borders to 
        new incoming refugees, and as of February 2002, at least 10,000 Afghans 
        were stranded in camps near the Iran border inside Afghanistan and were 
        blocked from gaining entry into Iran, and several thousand were awaiting 
        entry to Pakistan at the Chaman border crossing;
Whereas authorities of Pakistan and Iran have forcibly returned some Afghans in 
        violation of international legal norms of nonrefoulement, and both 
        governments began repatriating refugees in March 2002, despite the clear 
        dangers many of them face in their home areas;
Whereas Australia, Indonesia, Tajikistan, and Dubai have expressed their desire 
        to begin returning refugees as soon as possible or, in the case of 
        Dubai, have already deported hundreds of Afghans;
Whereas law enforcement authorities in Pakistan have subjected Afghan refugees 
        to physical violence, harassment, extortion, and arbitrary detention 
        because of their undocumented status;
Whereas some refugee camps in the Federally Administered Tribal Areas of 
        Pakistan are located close to the Afghan border in unsafe and unhealthy 
        locations; and
Whereas the United Nations High Commissioner for Refugees (UNHCR) and the 
        interim authority of the Afghan government established in December 2001, 
        are responsible for developing a repatriation program that fully meets 
        international standards, working with governments in the region, when 
        conditions are appropriate: Now, therefore, be it
    Resolved, That it is the sense of the Senate that the President and 
the Secretary of State should--
            (1) urge the Government of Pakistan and other governments 
        in the region--
                    (A) to fully cooperate with the United Nations High 
                Commissioner for Refugees (UNHCR) in providing 
                protection to Afghan refugees; and
                    (B) to allow open access to refugees by 
                nongovernmental organizations and international 
                agencies offering humanitarian assistance;
            (2) call on the governments of Pakistan and Iran to 
        immediately cease any forcible return of Afghan refugees and to 
        take action to end the harassment, detention, and other 
        mistreatment of Afghan refugees;
            (3) strongly condemn any actions by Pakistan, Iran, or 
        other governments to prematurely return refugees to Afghanistan 
        against their will;
            (4) support the provision of detailed, impartial 
        information about human rights, the presence of landmines, and 
        humanitarian conditions in their areas of origin to all 
        refugees, and especially to women, to ensure that any decision 
        to return is truly voluntary;
            (5) fully support repatriation of Afghan refugees only when 
        conditions in Afghanistan allow their voluntary return, in 
        safety and dignity, with full respect for their human rights 
        and an adequate screening process in place to identify those 
        who are still in need of protection; and
            (6) establish a resettlement program for Afghans whose 
        needs for protection require resettlement in a third country.
                                 <all>