The Peshawar High Court has issued an interim order preventing the forced repatriation of approximately 150 Afghan singers and musicians who sought refuge in Pakistan following the Taliban’s resurgence in Afghanistan in 2021. According to local media reports, Justice Wiqar Ahmad directed the Pakistani government to resolve the asylum applications filed by these musicians within two months. If the applications are not addressed within this timeframe, the court stated that the interior ministry should permit the petitioners to stay long enough to reach a final decision. Furthermore, the musicians have been allowed to appeal to the UN High Commissioner for Refugees (UNHCR) to handle their asylum requests.
Fear of persecution under the Taliban prompted the musicians to file their petition last year. During the Taliban’s first period in power from 1996 to 2001, music was banned and artists faced suppression. The return of Taliban rule in August 2021 reignited fears of similar restrictions among Afghan musicians. UNHCR data indicates that Pakistan has a history of offering refuge to those fleeing persecution, with an estimated 1.5 million Afghan refugees and asylum seekers currently residing in the country as of late 2024.
However, Pakistan does not have a formal national asylum system and is not a signatory to the 1951 Refugee Convention. The UNHCR has been advocating for enhanced access to rights for refugees and asylum seekers in Pakistan, amid recent policies like the Illegal Foreigners Repatriation Plan (IFRP), which affects “undocumented” Afghan refugees by making them subject to deportation.
Amnesty International has criticized the IFRP, urging Pakistan to honor its international human rights commitments and to safeguard Afghan refugees, pointing to reports of arbitrary detentions and harassment. The rights organization emphasized that all refugees and asylum seekers, regardless of their documentation status, are entitled to due process and protection against forced return under international human rights law.
Amidst escalating fears of deportation, the court’s recent decision was met with relief by the Afghan musical community in Pakistan. Musician Zarwali Afghan expressed that the ruling brought happiness and hope, emphasizing the community’s hope for governmental consideration of their asylum cases on humanitarian grounds, as reported by Arab News.