In a landmark move, the Judicial Activism Panel (JAP), a leading human rights and public interest litigation association, has taken legal action against the Pakistani government’s recent policy regarding asylum seekers. This policy, detailed in a notification dated June 5, 2024, and identified as No.1/6/2022-Policy, restricts Pakistani citizens who seek asylum abroad from obtaining passports and blocks their national identity cards. The JAP argues that this policy is “patently illegal, unlawful, whimsical, and against the Fundamental Rights” guaranteed by the Constitution of the Islamic Republic of Pakistan, 1973.
The JAP’s application, spearheaded by its Chairman Muhammad Azhar Siddique, addresses several constitutional violations, citing Articles 9, 10A, 14, and 25, among others. The organization contends that the policy undermines fundamental human rights, including the right to life, liberty, and the pursuit of happiness.
### Background of the Policy
The policy, introduced by Interior Minister Mohsin Naqvi, was purportedly enacted to protect national security. According to the directive issued by the Directorate General of Immigration and Passports, any Pakistani citizen who seeks asylum in another country will be denied a passport. Additionally, their national identity cards will be blocked. This directive has been circulated to the Ministry of Foreign Affairs and other relevant authorities, reinforcing the government’s stance.
However, the policy has been met with widespread criticism. Legal experts and human rights advocates argue that it infringes on basic human rights and could have severe economic repercussions. Countries such as the United Kingdom, the United States, Germany, and Norway, which are popular destinations for Pakistani asylum seekers, do not share data with Pakistan, making it challenging for the state to track these individuals. This lack of data sharing complicates the government’s justification for the policy.
### Economic Impact
Asylum seekers contribute significantly to Pakistan’s economy through remittances. These financial transfers are a crucial lifeline for many families and play an essential role in bolstering the national economy. The JAP’s application underscores that depriving asylum seekers of their nationality and the ability to work abroad could have devastating economic consequences.
The policy’s economic implications were highlighted in various media reports and analyses. For instance, sources such as The Express Tribune, Business Recorder, The Nation, and Aaj News have reported extensively on the potential fallout from this policy, emphasizing the substantial contributions asylum seekers make to Pakistan’s economy.
### Legal and Human Rights Concerns
The JAP’s application emphasizes that the policy contradicts the principles laid out in Pakistan’s Constitution, particularly those related to fundamental rights and the principles of policy. Articles 9 to 28 of the Constitution ensure the protection of fundamental rights, while Articles 29 to 38 outline the principles of policy that guide the state.
The application also references a recent press release from the Pakistani Embassy in Greece. On June 21, 2024, the embassy announced measures to facilitate passport issuance for Pakistani citizens living in Greece who have sought asylum. This press release highlights inconsistencies in the government’s approach to handling asylum seekers.
Legal experts have noted that asylum seekers are generally issued temporary travel documents by their host countries, allowing them to travel internationally except to their home countries. This provision renders the denial of Pakistani passports largely symbolic and potentially counterproductive.
### Call for Action
The JAP’s application calls for the immediate withdrawal of the notification, urging the government to reconsider measures that could undermine the contributions of asylum seekers to the national economy and violate their fundamental rights. The organization stresses that any law or custom inconsistent with the rights conferred by the fundamental rights shall be void to the extent of such inconsistency.
The outcome of this legal challenge could have significant implications for Pakistan’s policies on asylum seekers and its adherence to constitutional protections and international human rights standards. The JAP’s intervention seeks to ensure that the government’s policies align with the fundamental rights enshrined in the Constitution and that the economic and human rights of Pakistani citizens are safeguarded.
