Afghan Refugees in Iran:                                                                                 16 June 2004
From Refugee Emergency to Migration Management                                                           This policy brief is
                                                                                                         written by Arne Strand
                                                                                                         and Astri Suhrke
Iran, which has patiently hosted a large Afghan refugee population for                                   (CMI), and Kristian
some time, has been preparing to adjust its refugee policy in line with                                  Berg Harpviken
                                                                                                         (PRIO).
post-Taliban developments within Afghanistan. At the core of this
adjustment is a demand that the refugees return to their country of
origin. The new Iranian policy entails difficult political choices for the
host government and possibly painful consequences for the Afghans in
Iran.
                                                                                                         Iran demands that the
To ease the transition, the Iranian government has been working on a                                     Afghans return to
regular basis with the United Nations High Commissioner for Refugees                                     Afghanistan.
(UNHCR), and it recently decided to open up a broader dialogue with
foreign refugee experts through a conference on the topic, jointly
organized by the Chr. Michelsen Institute, Bergen (CMI), the
                                                                                                         The interests of Iran,
International Peace Research Institute, Oslo (PRIO) and the Institute for                                Afghanistan and the
Political and International Studies, Tehran (IPIS).1                                                     refugees must be heard.
The conference, held in October 2003, surveyed
the existing refugee situation – on which little
information is generally available – and discussed
ways of promoting solutions that reflect the
interests of both the host state and the country of
origin, as well as the refugees themselves. In
addition, participants emphasized that the
Afghan refugee situation in Iran is also affected
by broader developments in the region (above all,
the refugee policy of Pakistan, traditionally the
other large hosting country for Afghan refugees),
and in turn affects countries that are further from
the region. (In Norway, for instance, the number
of Afghan asylum-seekers was three times higher
in 2003 than it had been in the previous year.
Most of these had previously been in Iran,
                                                                                    Returning refugees receiving mine awareness.
Pakistan or other countries before coming to                                                                (photo: Arne Strand)
Norway.)
A reasonable transition from a longstanding refugee emergency to
comprehensive migration management would therefore yield significant
1
  The participants at the conference were from Iran, Afghanistan, Pakistan, Norway and the United
Kingdom. They included government and UNHCR officials, staff members of NGOs and Afghan refugee
organizations in Iran, and experts. The event was funded by IPIS and the Norwegian Ministry of Foreign
Affairs.
                          Afghan Refugees in Iran: From Refugee Emergency to Migration Management
                          benefit. In relation to this, though, it is essential to note that the Afghan
Comprehensive             population in Iran that has generally been termed ‘refugees’ consists of
migration management      (1) refugees in the legal sense, or persons who are otherwise ‘of concern’
is beneficial.
                          to UNHCR – estimated at around 1 million, and (2) labour migrants,
                          who are presumed to constitute the remainder of the 2.3 million
Refugees and migrants     Afghans who registered with Iranian authorities last year. As refugees
have different needs      and migrants have different needs and rights, a differentiated solution is
and rights.               called for – and such a solution was initiated by UNHCR in mid-2003.
                          The Refugee Situation
                          Differences in levels of economic development between Iran and
                          Afghanistan have long contributed to significant levels of labour
                          migration from Afghanistan to Iran. This has been made easier by the
                          fact that large numbers of Afghans share a language (Dari) and religion
                          (Shia Islam) with the Iranians. The migration has mostly been officially
                          regulated and legal, particularly in the 1960s and 1970s. With the
                          Afghan Revolution, the Soviet invasion and the escalating war in
There is a long history   Afghanistan after 1978–79, networks that had already been formed in
of migration from         Iran made it easier for the new and now very mixed flow of Afghan
Afghanistan to Iran.
                          refugees and labour migrants to establish themselves in Iran. The
                          Iranian government took formal responsibility for the refugee
                          population and – in sharp contrast to Pakistan – allowed foreign
                          NGOs, international organizations and UNHCR only a marginal role.
                          Although it received a large number of refugees, Iran was generally
                          considered a supportive host country. Refugees were not required to
                          settle in camps, but could live where they found work. They also had
                          access to healthcare, basic education and subsidized food on the same
                          terms as Iranian citizens. However, there were considerable restrictions
                          on physical movement, and government permits were required for
                          travel within the country.
                          The Soviet withdrawal from Afghanistan and the fall of the communist
A smuggling network       Najibullah regime led to a large-scale process of repatriation in 1992
facilitate cross-border
                          and 1993. This period of return, facilitated through a tripartite
movement.
                          agreement between Iran, Afghanistan and UNHCR, came to a halt in
                          the face of renewed warfare among the various mujahedin groups and
                          the gradual takeover by the Taliban from 1994 onwards. A new
                          outflow of Afghans sought safety and work in Iran in the period 1994–
                          2001, though these were not granted refugee status. As a result, all non-
                          official movement across the border in these years appeared as illegal
                          labour migration. A thriving smuggling network facilitated this
                          movement.
                          With the fall of the Taliban in late 2001, repatriation resumed once
410,000 refugees          again, although not as rapidly as for Afghans in Pakistan. In the course
repatriated in 2001.      of 2002, UNHCR registered the repatriation of some 410,000 refugees.
                          Of these, 245,000 were so-called assisted voluntary repatriates, 150,000
                          were spontaneous repatriates (no UNHCR assistance) and 25,000 were
                          deportees. While there is an emphasis on voluntary repatriation, reports
                          2
Afghan Refugees in Iran: From Refugee Emergency to Migration Management
from independent experts and interviews with returnees in Afghanistan
indicate that deportation of legal refugees does take place.
By mid-2003, all Afghans residing in Iran were asked to re-register with
the authorities. Those with refugee documents were obliged to hand in
their refugee cards and received in return only temporary residence
permits, with no time for staying or leaving specified. The number of
registered Afghans at that time totalled 2.3 million. Of these, UNHCR
considers 1.1 million to be refugees or otherwise ‘of concern’ to its
mandate.
UNHCR Reported Voluntary Repatriation to Afghanistan 1988 - 2003
  1800000
  1600000
  1400000
  1200000
  1000000                                                          Iran
   800000                                                          Pakistan
   600000
   400000
   200000
         0
                  91
                         93
                                                     01
                                                            03
                                95
                                       97
                                              99
          /89
                19
                       19
                                                   20
                                                          20
                              19
                                     19
                                            19
        88
      19
Attitudes Towards Afghan Refugees
In Iran, the broad sentiment is that the Afghan refugees pose a
significant burden and that it is time for them to go back to
Afghanistan. This attitude reflects significant levels of unemployment in
                                                                                  The Afghans are now a
Iran, as well as concern over increasing drug smuggling and violence on
                                                                                  burden refugees
                                                                                  Afghan   to Iran  are and
the border, including the killing of Iranian border security personnel.           they haveasnoa rights.
                                                                                  regarded       burden to
Furthermore, politically, the refugees are less interesting than when they        Iran.
represented the victims of godless communism. At the same time,
though, Afghans continue to provide much-needed labour in agriculture
and the construction industry. Afghan refugees themselves readily state
that they feel they are no longer welcome in Iran. There is both subtle
and overt discrimination, and at times harassment. Opportunities for
higher education were closing in 2003. Little or no compensation is
paid when workers in the construction sector are killed or disabled in
accidents. Informed reports have suggested increased use of drugs to
sustain long and hard working days.
Iranian women who marry Afghan men lose their Iranian citizenship. If             Marrigae and
involuntary returns are instituted, such families risk being sent to              citizenship is a major
Afghanistan. Estimates of the number of persons who may be affected               issue.
vary markedly, but a reasonable figure suggests 30,000.
                                                                              3
                            Afghan Refugees in Iran: From Refugee Emergency to Migration Management
                            Detailed information about the life of the Afghan refugees/migrants is
                            not easily accessible for outsiders. The Iranian government agency most
                            directly responsible, the Bureau for Aliens and Foreign Immigrants
                            Affairs (BAFIA), collected basic data on the caseload in connection with
                            the re-registration in 2003. At least one Iranian humanitarian
                            organization (HAMI Association) has carried out field research.
                            International or foreign-based organizations working with refugees in
                            Iran, including UNHCR, have limited direct access to Afghan refugees
                            and rely largely on official Iranian interlocutors.
                            During the Taliban regime, with which the Iranian government had an
The tripartite
agreement expires in        antagonistic relationship, Tehran did not press for repatriation, citing
2005.                       economic and security concerns. By early 2003, however, the
                            government was promoting a different view. Most starkly, as expressed
                            by BAFIA, this is that all Afghans have to return. Other Iranian
                            agencies, however, appear less categorical. The current tripartite
                            agreement between UNHCR, Iran and Afghanistan may signal the last
                            phase of the ‘old system’ of repatriation, discussed above. The
                            agreement is due to expire in 2005, and there is growing recognition
                            among UNHCR and other concerned parties that a new strategy is
                            necessary. UNHCR has taken the lead in opening up for discussion of a
                            ‘comprehensive approach’ based on a more rigorous distinction
                            between refugees and migrants.
                            Return and Reintegration
                            The Iranian government also has an interest in developing good
Skilled refugees are
encouraged by the
                            relations with the new authorities in Kabul, and Afghan refugees in Iran
Afghan government to        are a relevant factor in this regard. The reconstruction of Afghanistan
return to reconstruct       has moved much more slowly than many Afghans – including the new
the country.                powerholders – had hoped for. Security problems persist in many areas,
Skilled refugees are        and international funding for return and rehabilitation is limited. By
encouraged by the           contrast, remittances from Afghans abroad constitute an unknown, but
Afghan government to        probably quite significant, source of income and foreign exchange. The
return to reconstruct
the country.
                            Afghan government, while encouraging skilled refugees in particular to
                            return, has not been pushing for rapid, general repatriation.
                            The drought in the southwestern part of Afghanistan has affected
Urbanisation           is   employment and production in the agricultural sector. Many returnees
increasing.                 have therefore moved to the cities, particularly Kabul, which has an
                            international security force, the highest wage levels in the country and a
                            large number of aid organizations. But Kabul also has probably the
                            highest price levels in the country, as well as a pressing housing
                            shortage. Herat, close to the Iranian border, has a high degree of
                            security and economic growth, but even here there has been a limited
                            rate of return. Many from the Herat region still migrate to seek work in
                            Iran.
                            All of these factors have had an impact on the refugees’ rate of return.
                            Economic and security concerns have left many families reluctant to
                            4
Afghan Refugees in Iran: From Refugee Emergency to Migration Management
return to Afghanistan. In addition, some families that stayed in
Afghanistan have established a security net by sending out one family          The economic and
member to work in Iran, and numerous families are completely                   security situations in
                                                                               Afghanistan are
dependent on remittances from family members working in the
                                                                               difficult.
neighbouring countries. Attempts to return the remaining Afghans
currently in Iran without establishing alternative venues for legal labour
migration will affect both family incomes and the national income as a
whole. For the refugees among them, protection issues are paramount.
International and Refugee Law Perspectives
From the perspective of refugee-receiving countries in the West, the
maintenance of large Afghan refugee populations in the neighbouring
states of Iran and Pakistan exemplifies the preferred solution: refugees
should be offered protection and basic necessities as close as possible to     The line between
their country of origin, with repatriation as the ultimate aim. This           voluntary and forced
policy entails a very unequal distribution of the international refugee        return is blurred.
burden. It also limits the opportunities for refugees to seek protection
and resettle elsewhere, which is at least an implied right under
international refugee law. Protection is not always adequate in
neighbouring countries, particularly in times of repatriation, when the
line between voluntary and forced return is often blurred.
In this respect, it seems that UNHCR may be seen as sending
contradictory signals by generally supporting (voluntary) return to
Afghanistan from Iran and Pakistan under the respective tripartite
agreements, while cautioning Western governments against returning
Afghan refugees. Many of the Afghans who now move on from Iran
and Pakistan to seek asylum in European countries evidently do so to
escape being returned to Afghanistan. If the Norwegian caseload is
indicative, most are single young men, and only a small fraction are not
found to be refugees under the terms of the Refugee Convention (520
out of 2,525). Among the rest, about half were granted permit to stay
on humanitarian grounds, while the other half were refused permit to
stay, presumably because they fell into the category of more ordinary
migrants.
From Refugee Emergency to Migration Management
As a rule, refugee situations entail difficult political and moral
decisions, because they involve conflicting rights and interests and the
stakes can be very high – often matters of life and death. Nevertheless,
over the years there has developed an increasing understanding of what
                                                                               The stakes are high in
constitute more or less imperfect solutions to difficult refugee situations.   refugee situations.
Two solutions are central to the transition from a refugee emergency to
a broader migration management, and these are particularly relevant to
the future of the Afghans in Iran:
•   When migration and refugee movements coincide, screening is
    necessary in order to identify the two as separate categories.
                                                                          5
                           Afghan Refugees in Iran: From Refugee Emergency to Migration Management
Two solutions are
central:                       Different solutions have to be devised for each group, which have
  - screening                  particular needs and require different responses. In the past, it has
  - reconstruction             been possible (usually after some time) to carry out such screening
                               and to address the migration and the refugee flows separately. This
                               type of approach also reduces the refugee population numerically.
                               Screening of this kind was eventually made with respect to refugees
                               from Eastern Europe and Vietnam.
                           •   Sustained reconstruction is necessary for return in the case of long-
                               lasting wars in poor countries. Solutions in such situations typically
                               require external assistance, a common regional approach and the
                               early establishment of a framework for reconstruction and return.
                               The classic case here is Central America.
                           There is some indication that these lessons are being absorbed. In Iran,
Return must be
gradual.
                           the hardline argument is that all refugees need to return before
                           discussions on opportunities for regularized labour migration can even
                           start. Yet, there is some recognition that Afghanistan’s absorption
                           capacity is limited and return must therefore be gradual. There is also
                           some awareness of the value of the Afghan labour force in some sectors
                           of the Iranian economy, as well as a desire to develop good relations
                           with Kabul. As a result, a more liberal visa policy was instituted in
                           2002, and regular flights have started between Tehran and Mashad and
                           Kabul. These changes encourage trade and also permit some legal
                           labour migration. The effect has been immediate in terms of a decline in
                           the smuggling of persons across the border.
                           For Afghan refugees currently in Iran, the opening up of a legal route of
                           migration may encourage repatriation insofar as they would then know
                           that return to Iran may be possible – either for work or if the security
                           situation in Afghanistan deteriorates. However, the reform of refugee
                           status in 2002, which made permission to stay time-limited and
                           dependent on renewals, introduced much uncertainty and anxiety about
                           the future.
UNHCR: Future
                           UNHCR, as noted, is moving towards a comprehensive migration
movements should be        management approach. The analysis of the agency is premised on the
lodged within              notion that future population movements between Afghanistan and Iran
normalized regional        are increasingly migratory and economic in nature, and should
and bilateral relations.   primarily be lodged within normalized regional and bilateral relations.
                           The refugee population will continue to require special attention, with
                           renewed emphasis on repatriation and protection for those – presumed
                           to be a smaller number – who cannot safely return home. If the agency
                           invokes the cessation clause of the Refugee Convention (meaning there
                           is no longer a reason to bestow refugee status), Iran would be entitled
                           to return all refugees, whether they themselves wish to return or not.
                           The agency further emphasizes the importance of regional cooperation
                           and international support in effecting a transition in this direction.
                           6
Afghan Refugees in Iran: From Refugee Emergency to Migration Management
Conclusion
A starting point for better migration management is to acknowledge
how little is known about the population in question – Afghans in Iran.       Knowledge will
This is true in relation to their socio-economic characteristics, the         contribute to informed
concerns of the host country and conditions in the country of origin.         choices.
More knowledge in these areas will assist both official stakeholders and
Afghans themselves to make informed choices. For the refugees, for
example, more schemes to provide information about conditions at
home may be useful (e.g. return visits or information exchanges).
Iranian humanitarian organizations may be encouraged or assisted to
undertake data-collection in the field.
In addition, UNHCR’s recent proposals for adjustment reflect both
realities on the ground and lessons incorporated from similar refugee         UNHCR’s initiative
movements. Consequently, the agency’s initiative to institute a               needs support.
comprehensive migration management initiative deserves broad
support. Support is also essential insofar as institutional, diplomatic and
financial assistance from the donor community will be required to bring
about the proposed transition. At the same time, Afghan refugees and
their representatives should be fully involved in the transition in order
to increase its effectiveness.
Finally, it is vital to recognize that regional and international
developments will affect attempts to develop satisfactory responses to        It is vital to recognize
Afghan–Iranian population movements. Most immediately, progress on            that regional and
                                                                              international
reconstruction and security in Afghanistan will facilitate return and a       developments affect
transition to the more managed migration regime that prevailed in             population movements.
earlier times. Dealing appropriately with the remaining refugees in
Pakistan will be an important model. Recognition of Iran’s contribution
as a long-time and patient refugee host is important, as is progress
among countries in the region in dealing with other common problems
of concern.
References
Suhrke, Astri; Kristian Berg Harpviken & Arne Strand, 2004.
Conflictual Peacebuilding: Afghanistan Two Years after Bonn. Bergen:
CMI/PRIO; available at
http://www.cmi.no/publications/2004/rep/r2004-4.pdf
Turton, David & Peter Marsden, 2002. Taking Refugees for a Ride?
The Politics of Refugee Return to Afghanistan. Kabul: Afghan Research
and Evaluation Unit; available at
http://www.areu.org.af/publications.html
UNHCR, 2003. 'Towards a Comprehensive Solution for Displacement
from Afghanistan', discussion paper, Geneva, July 2003
                                                                          7
Afghan Refugees in Iran: From Refugee Emergency to Migration Management
Selected CMI/PRIO publications on peacebuilding in Afghanistan
The website www.cmi.no/afghanistan/ is a collection of resources on
the current situation in Afghanistan and in the region. Academic work
on a range of issues relating to Afghanistan and on peacebuilding in
general, as well as links to other resources, are included. The website is
funded by the Norwegian Ministry of Foreign Affairs.
Arne Strand (2004)
The 'Mine Action for Peace' Programme Afghanistan
Workshop Report, Kabul, 29 April 2004
(http://www.cmi.no/publications/AfghanistanArneS.pdf)
Astri Suhrke, Kristian Berg Harpviken and Arne Strand (2004)
Conflictual peacebuilding: Afghanistan two years after Bonn
(http://www.cmi.no/publications/2004/rep/r2004- 4.pdf)
Astri Suhrke, with Kristian Berg Harpviken, Are Knudsen, Arve Ofstad, Arne
Strand (2002)
Peacebuilding: Lessons for Afghanistan?
(http://www.cmi.no/publications/2002/rep/r2002-9.pdf )
Kristian Berg Harpviken, Arne Strand, Karin Ask (2002)
Afghanistan and Civil Society
(http://www.cmi.no/publications/2002/afghanistan_civil_society_ver_18.pdf)
Arne Strand, Karin Ask and Kristian Berg Harpviken (2001)
Humanitarian challenges in Afghanistan: Administrative structures and gender
assistance
Bergen: Chr. Michelsen Institute (CMI Report R 2001:4) 32 p.
(http://www.cmi.no/publications/publication.cfm?pubid=921)
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