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UN rights office urges Pakistan to halt Afghan deportations

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As November 1 deadline approaches, the Of­­fice of the United Nations High Commissioner for Human Rights (OHCHR) on Friday called on the Pakistani government to “suspend forcible returns of Afghan nationals before it is too late to avoid a human rights catastrophe”.

“We call on them to continue providing protection to those in need and ensure that any fut­ure returns are safe, dignified and voluntary, and fully consistent with int­ernational law,” OHCHR spokesperson Ravina Sha­­mdasani said in a statement.

“We believe many of those facing deportation will be at grave risk of human rights violations if returned to Afghanistan, including arbitrary arrest and detention, torture, cruel and other inhuman treatment, spokesperson said.

She said, “We are extremely alarmed by Pakistan’s announcement that it plans to deport ‘undocumented’ foreign nationals remaining in the country after Nov 1, a measure that will disproportionately imp­act more than 1.4 million undocumented Afghans who remain in Pakistan.”

There are more than two million undocumented Afghans living in Pakistan, with at least 600,000 of them leaving Afghanistan after the Islamic Emirate of Afghanistan (IEA) takeover in August 2021.

“Those at particular risk are civil society activists, journalists, human rights defenders, former government officials and security force members, and of course women and girls as a whole, who, as a result of the abhorrent policies currently in place in Afghanistan, are banned from secondary and tertiary education, working in many sectors and other aspects of daily and public life,” she said.

The UN refugee agency, UNHCR, and the International Organisa­tion for Migration (IOM) have already documented a sharp increase in returns to Afghanistan since the deadline was announced on Oct 3. A recent flash report by UNHCR and IOM placed the number of Afghans who left Pakistan in the month up to Oct 15 at 59,780 individuals.

Seventy-­eight per cent of those returning cited the fear of arrest as the reason for leaving Pakistan.

The spokesperson stated that deportations without individualised determinations of personal circumstances, including any mass deportations, would amount to refoulement in violation of international human rights law, in particular the convention against torture and other cruel, inhuman or degrading treatment or punishment, to which Pakistan is a state party, and of international refugee law.

And as winter approaches, any mass deportations are bound to deepen the dire humanitarian crisis in Afghanistan, as it grapples with the devastating impact of a series of earthquakes that struck Herat province this month, leaving at least 1,400 people dead and 1,800 injured, as per official figures, spokesperson said.

According to the United Nations Office for the Coordination of Human­itarian Affairs, close to 30 million people currently need relief assistance in Afghanistan, out of a population of 43 million, and 3.3 million are internally displaced.

“We remind the de facto authorities of the international human rights obligations that continue to bind Afghan­istan as a state and their obligations to protect, promote and fulfil human rights.” OHCHR spokesperson said.

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Canada sent 19 failed asylum seekers back to Afghanistan last year

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Canada's border guards sent 19 rejected Afghan asylum seekers back to the country last year despite Otawa’s Temporary Suspension of Removals (TSR) that has been in place for Afghan nationals since 1994.

CBC reported that none of the 19 Afghans had their cases rejected on the basis of safety or security risks. The border service did not however reveal further details.

The border agency said a TSR is meant to "halt removals to a country or place when general conditions, such as armed conflict or an environmental disaster, pose a risk to the entire civilian population."

It also said individuals who were found inadmissible "on grounds of criminality, serious criminality, international or human rights violations, organized crime, or security" can be removed despite a TSR, CBC reported.

The CBSA said the 19 who failed their refugee claims left Canada "voluntarily," and that the Afghans were "aware that they benefit from a stay of removal due to the Temporary Suspension of Removal on Afghanistan but requested to have their removal order enforced despite the legislative stay.

"In other words, the individual was advised that they can remain in Canada until the TSR is lifted and they opted to return to Afghanistan."

Canada has welcomed some 54,000 Afghans since August 2021, surpassing a commitment it made to bring in 40,000 in 2021.

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Trump team compiling list of military officers responsible for US withdrawal from Afghanistan

Trump has on a number of occasions condemned the withdrawal as a “humiliation” and “the most embarrassing day in the history of our country.” 

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The Trump transition team is compiling a list of senior current and former U.S. military officers who were directly involved in the chaotic withdrawal from Afghanistan in 2021 and exploring whether they could be court-martialed. 
 
NBC reported that the team working on the transition of power between President-elect Donald Trump and outgoing President Joe Biden are considering creating a commission to investigate the 2021 withdrawal from Afghanistan.
 
Citing a US official and a person familiar with the plan, NBC stated a commission would then gather information about who was directly involved in the decision-making for the military, how it was carried out, and whether the military leaders could be eligible for charges as serious as treason.
 
“They’re taking it very seriously,” the person with knowledge of the plan said.
 
The Trump transition team did not immediately respond to a request for comment.
 
Matt Flynn, a former deputy assistant secretary of defense for counternarcotics and global threats, is helping lead the effort, the sources said. 
 
Trump has on a number of occasions condemned the withdrawal as a “humiliation” and “the most embarrassing day in the history of our country.” 
 
NBC reports however that it is not clear what would legally justify “treason” charges since the military officers were following the orders of President Joe Biden to withdraw all U.S. forces from Afghanistan.
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Ottawa taking detention of Canadian in Afghanistan ‘very seriously’

Lavery helped an estimated 100 Afghans flee Kabul during the chaotic withdrawal of US and allied forces.

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The Canadian government is taking "very seriously" the detention in Afghanistan of a former member of Canada's elite special forces, Prime Minister Justin Trudeau said Saturday.

Retired soldier David Lavery, known in Kabul as Canadian Dave, was detained by the Islamic Emirate shortly after landing in Kabul on Monday, according to Canadian broadcaster CTV News.

His whereabouts are unknown, the outlet added, citing unnamed sources.

Asked about Lavery, Trudeau said: "I can first of all assure you that the Canadian government is taking very, very seriously the situation."

He also said consular assistance has been provided to Lavery's family.

Lavery helped an estimated 100 Afghans flee Kabul during the chaotic withdrawal of US and allied forces.

He spent decades in the Canadian military and is said to have been a key member of its elite Joint Task Force 2 special operations unit.

More recently, Lavery has reportedly operated a private security firm in Kabul.

The Islamic Emirate has not yet commented.

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