[Congressional Record (Bound Edition), Volume 148 (2002), Part 3]
[Senate]
[Pages 4249-4251]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE RESOLUTION 235--EXPRESSING THE SENSE OF THE SENATE WITH RESPECT 
      TO THE PROTECTION OF AFGHAN REFUGEES, AND FOR OTHER PURPOSES

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

                              S. Res. 235

       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

[[Page 4250]]

     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.

  Mr. WELLSTONE. Mr. President, I rise today with my colleagues 
Senators Boxer and Feinstein to submit a resolution calling for 
protection and assistance for Afghan refugees, as they struggle to find 
their way home and rebuild their lives amid so much uncertainty.
  Today more than 3.5 million Afghan citizens are refugees in Pakistan 
and Iran, having been displaced by decades of civil war and conflict. 
Since the overthrow of the Taliban, thousands have continued to flee 
Afghanistan, including ethnic Pashtuns escaping persecution in the 
North. Many have been subjected to physical violence, harassment, 
extortion, and arbitrary detention because of their undocumented 
status.
  Unfortunately, many also now live under the threat of repatriation to 
Afghanistan against their will. In clear violation of international 
legal norms, authorities in Pakistan and Iran have forcibly returned 
some Afghans and have stated a desire to begin a large scale 
repatriation effort of Afghan refugees, despite the clear dangers many 
of them would face in Afghanistan.
  Like most observers, I believe that the United Nations High 
Commissioner for Refugees, UNHCR, is well-prepared for a massive 
repatriation of refugees to Afghanistan this spring and also to assist 
large numbers of internally displaced Afghans return to their farms and 
homes. That said, it is imperative that UNHCR and other U.N. agencies, 
donors, and the international security force work closely together to 
make the repatriation program as successful as possible.
  According to UNHCR, each day, more and more Afghans come forward to 
participate in the voluntary return programs. Since the start of the 
joint Afghan Government and UNHCR assisted return program on March 1, 
more than 200,000 Afghans have repatriated from Pakistan. However, 
these efforts have been and likely will continue to be hampered by a 
number of factors. The peaceful transition to normalcy requires a 
certain set of conditions for success. The main factors influencing the 
number of Afghan refugees and displaced who return home are security, 
economic opportunity, and economic ties in countries of asylum.
  As our G.I.'s in Afghanistan know all too well, many area in 
Afghanistan are still very dangerous. Military operations will 
undoubtedly continue in southeastern Afghanistan and elsewhere. In 
other areas, renewed strife among bandits, warlords and the government 
are likely to continue to break out. Accordingly, security is perhaps 
the greatest challenge for the young Afghan nation, as well as for 
those charged with the task of relief and repatriation.
  While these fears make return to Afghanistan a daunting prospect, 
Afghan refugees are also experiencing increasingly hostile treatment in 
Iran and Pakistan and pressure to leave. Mistreatment at the hands of 
Pakistani or Iranian law enforcement authorities and violence in 
refugee camps are just some of the problems Afghan refugees face on a 
daily basis.
  Refugees interviewed by Human Rights Watch in Pakistan described the 
human toll caused by that government's treatment of the refugee 
population: With borders closed, most refugees had to resort to 
dangerous and unofficial routes into Pakistan. Refugees were beaten at 
unofficial checkpoints when they could not afford to pay extortionate 
bribes. At official crossing points, families were beaten back, or 
languished in squalor without food, water or latrines, hoping to be let 
in. Once inside Pakistan, refugees were subjected to harassment and 
detention, while others endured beatings by Pakistani police when 
lining up for food in camps.
  According to Human Rights Watch, Iran also has been an egregious 
offender of international humanitarian law. Its border closure policies 
run directly contrary to international standards, most fundamentally 
because they interfere with the right to seek asylum. By closing its 
borders, conducting systematic and large scale push-backs, and by 
insisting on the establishment of camps for displaced persons inside 
Afghanistan, the Government of Iran has violated its obligations under 
numerous international conventions.
  Today, I join with human rights and refugee organizations to strongly 
urge the governments of Pakistan and Iran to identify those refugees 
who continue to be in need of protection, to provide them with 
documentation and legal status, and to end persistent abuses of the 
rights of refugees in both countries. The governments of Pakistan and 
Iran as well as UNHCR must ensure that Afghan refugees have access to 
full and objective information about conditions inside Afghanistan 
before deciding whether or not to return. Moreover, refugees should not 
be forced to return prematurely because of insecurity or lack of 
assistance in neighboring countries.
  Economic opportunity also will determine whether or not refugees and 
internally displaced persons, IDPs, return to their homes or villages. 
Jobs and economic opportunities for Afghans wishing to return home are 
sparse. In addition, many long-term Afghan refugees are earning a 
livelihood in their countries of asylum and their willingness to return 
home has not yet been determined. Despite these uncertainties, most 
refugees surveyed want to go home.

[[Page 4251]]

  A successful return program also will require long-term economic 
development assistance to help returnees and their communities become 
economically self-sufficient. Many of the returnees will be going back 
to the poorest, drought-impacted, and strife-ridden areas of 
Afghanistan. Longer-term development aid should be factored into the 
services available for returnees and their communities from the outset 
to help ensure that they become economically self-sufficient and self-
sustaining.
  I will continue to call on the United States and other donor 
governments to provide adequate funding to the Afghan Interim 
Authority's Ministry for the Return of Refugees, and for the voluntary 
return of refugees under conditions of safety and with full respect for 
their human rights. The key to success in any repatriation is 
voluntariness. Iran and Pakistan must respect this mandate.
  While the governments of Pakistan, Iran, and others have consistently 
allowed Afghan refugees to remain in those countries despite the 
enormous economic and social costs this involves, and Pakistan must be 
commended for its extraordinary efforts in the campaign against 
terrorism over the last 6 months, Iran and Pakistan should not now turn 
their backs on these vulnerable people. They must fully cooperate with 
the UNHCR in providing protection to Afghan refugees. They must allow 
open access to refugees by nongovernmental organizations and 
international agencies offering humanitarian assistance. They must also 
immediately cease any forcible return of Afghan refugees and take 
action to end their harassment, detention, and other mistreatment.
  To address these concerns, a significant refugee repatriation 
agreement was signed last week in Geneva by the governments of Iran, 
Afghanistan and the UNHCR. I am confident that the Tripartite 
Agreement, which lays down the main legal and operational framework for 
the voluntary return of Afghan refugees in Iran, will address many of 
these concerns.
  I ask that the Senate show unanimous support for Afghanistan in its 
time of greatest need. This resolution highlights the uncertain and 
dangerous situation faced by Afghan refugees and calls upon the 
President to urge countries in the region to abide by well-established 
norms of international refugee and humanitarian law. A vote for this 
resolution is a vote for the millions of displaced Afghans, and a test 
case of our willingness to secure Afghanistan's peace.

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