Sami Aziz, Co-ordinator of the Afghan Association of London, would like to thank Jean Lambert MEP for providing him with the opportunity to address the European Union's Afghan Co-ordination Return Group with the following statement:
It should be stressed that we are happy to work in partnership with EU states on voluntary return schemes. However, our community is deeply concerned about what it considers to be a premature process. Afghans across Europe are eager to contribute to the reconstruction of Afghanistan, but only when conditions there have improved and a certain level of security and stability has been achieved, which has yet to happen. After 23 years of conflict, it is only natural that there should be a gradual cooling-off period before Afghan refugees around the world can return home safely.
The Afghan Association of London is also concerned that the European Union's proposed return programme to Afghanistan could result in a large number of effectively 'forced' returns, despite the explanation in the proposal that return shall 'first and foremost' take place at peoples' freely expressed wish based on their knowledge of the situation in Afghanistan and any options for continued stay in the EU.
The Association is concerned that Member States are left a large amount of discretion by the plan to take their own decisions on whether a return can be made forcibly. The plan states that Afghans 'who do not have protection needs or compelling humanitarian needs justifying prolongation of their stay in Member States, but who nevertheless, after the passage of reasonable time, continue to refuse to avail themselves of a voluntary return programme, may be subjected to forced return by those Member States wishing to do so.' This leaves a large amount of leeway to Member States to interpret this point and we believe that this will be exploited by Member States to effect many forced returns. Furthermore, illegally resident Afghans or those who can no longer legally remain in the EU can be forcibly returned if Member States decide to do so.
It is extremely regrettable that, instead of concentrating on the reconstruction of Afghanistan, and keeping pledges made to the Afghan people, the European Commission and Council are spending time and resources on this plan to repatriate Afghan refugees. Such a policy is, in our professional opinion, premature, ill conceived, and contrary to the advice of many neutral, respectable NGOs and other organisations operating in Afghanistan.
The news coverage coming out of Afghanistan starkly contradicts the perception of Afghanistan as a safe place for the return of refugees and asylum-seekers. Whilst we agree that some positive developments have been witnessed there, nevertheless these are insufficient for the state of Afghanistan to be considered capable of protecting the human rights of all citizens. It is our firm and informed belief that there are serious security issues at stake which preclude the forced, or encouraged, repatriation of Afghan asylum-seekers. These include ongoing military operations across different parts of the country, the lack of infrastructure, the existence of millions of buried landmines which cause casualties on a daily basis, the consequences of serious drought in recent years, severe political instability, and human rights abuses perpetrated, in some cases deliberately, by individuals. All of these factors indicate that Afghanistan is far away from being a safe place for refugees to go back to.
Many NGOs operating in the country have warned against the forced return of asylum-seekers, not least because they are struggling to cope with the flood of refugees from the countries neighbouring Afghanistan, such as Pakistan and Iran. Indeed, the Afghan authorities themselves are not sympathetic to the forced return of asylum-seekers for this reason.
It is with great sadness that we witness the forced return of thirty Afghan asylum-seekers from Britain to Afghanistan today. We believe that the forced return of asylum-seekers, at short notice and without prior notification, will make little difference to the fair and effective operation of the British asylum system, but it is likely to have huge consequences for the returnees, including jeopardising their well-being and, in extreme cases, their lives. As such this repatriation plan would appear to be a premature decision which runs counter to the obligation to safeguard human rights enshrined in international and EU law.
It also sends a powerfully negative signal to other EU states to follow suit in this regard and we are very concerned that this is becoming a Europe-wide action. Undoubtedly, there are significant political pressures to 'resolve' the asylum issue in Europe. However, implementing such a policy of repatriation which is likely to include a significant element of forced repatriation is not only of dubious morality, but also of dubious legality, inasmuch as it would seem to contravene the EU's commitment to protecting human rights. Consequently we would like to request your assistance in making EU governments aware of this issue.
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