ISLAMABAD: As Pakistan’s federal government proceeds with its plan for the repatriation of Afghans residing in the country without valid legal documents, the provincial government of Khyber Pakhtunkhwa (KP) has chosen a sharply divergent path.
On April 4, Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur made a decisive announcement, rejecting the federal government’s push for the expulsion of illegal Afghan immigrants.
“Forced repatriation goes against our tradition and policy. It will be an inhumane act if we leave Afghan refugees at the Afghan border, where they have no place. We are setting up camps for Afghan refugees in Khyber Pakhtunkhwa where they can live till they want,” Gandapur said.
This statement signals a clear rift in the handling of one of South Asia’s most complex refugee situations, throwing down the gauntlet to the federal authorities.
Interestingly, between August 2018 and April 2022—during the tenure of Pakistan Tehrik-e-Insaf (PTI)-led federal government—a significant number of Afghan refugees was repatriated from Pakistan.
According to a UNHCR official, “Over 100,000 registered Afghan refugees returned to Afghanistan in the first eight months of 2022 alone.”
On the other hand, Afghanistan’s Ministry of Refugees and Repatriation criticised Pakistan’s forced deportation of Afghan refugees, calling it a violation of Islamic values, humanitarian principles and international law.
Forced repatriation goes against our tradition and policy. It will be an inhumane act if we leave Afghan refugees at the Afghan border, where they have no place. We are setting up camps for Afghan refugees in Khyber Pakhtunkhwa where they can live till they want.” – Chief Minister Gandapur.
In a statement, sent to WE News English, the ministry said the expulsions were unjust and harmful to families who had sought refuge in Pakistan.
It said the Taliban government was preparing for their return and urged that refugees be allowed to take their property with them.
The ministry also appealed to international organisations to assist in ensuring a safe and dignified repatriation.
KP’s refugee burden
Khyber Pakhtunkhwa (KP) hosts the largest concentration of Afghan refugees in Pakistan, both registered and unregistered. The province shares not only a 1,343-kilometer-long porous border with Afghanistan but also deep ethnic, linguistic, and tribal ties.
Pashtuns, who constitute the majority population in Khyber Pakhtunkhwa, also form the ethnic backbone of most Afghan refugee communities.
For decades, Khyber Pakhtunkhwa has borne the social, economic, and administrative burden of hosting these refugees, often with limited support.
The federal government’s fresh crackdown, framed as a national security imperative, has already led to the repatriation of over half a million undocumented Afghans since late 2023.
However, Khyber Pakhtunkhwa’s refusal to participate in the forced repatriation process flies in the face of the central policy implementation and its ethical foundation.
Dr. Hasan Askari, a leading political and military analyst says that Gandapur’s statement also reflects deeper political tensions between the PTI-led Khyber Pakhtunkhwa province and the Pakistan Muslim League-Nawaz (PML-N) led federal government.
Humanitarian or political motive?
The humanitarian framing of Gandapur’s stance is undeniably strong. By establishing refugee camps and committing to voluntary return only, Khyber Pakhtunkhwa aligns itself more closely with international norms set by the United Nations High Commissioner for Refugees (UNHCR), which has repeatedly called on Pakistan to ensure dignity and due process in repatriation efforts.
This is purely a political statement and adds to the ongoing political disputes between the federal and provincial governments, and between the PML-N and PTI.” – Dr. Hasan Askari.
Muhammad Ali Saif, spokesperson for the Khyber Pakhtunkhwa government, says Afghan refugees legally residing in the province would not be forcibly or disrespectfully expelled.
“They are all Muslims and our Pashtun brothers,” he says, adding that they have legal permission to stay.
“They pose no threat to the state and are contributing to the local economy through business and investment. Many have their families settled here. We believe they should not be humiliated or forced to leave. Those wishing to return voluntarily may do so, but no one will be expelled by force.”
Yet, the political subtext is equally visible. The Khyber Pakhtunkhwa government had earlier written to the federal authorities requesting permission to send a provincial delegation to Afghanistan—a request that was denied because it is a federal subject, not a provincial one.
This episode, coupled with a broader history of administrative friction, adds fuel to the fire of Khyber Pakhtunkhwa’s position.
“This is purely a political statement and adds to the ongoing political disputes between the federal and provincial governments, and between the PML-N and PTI,” Dr. Askari remarks.
A UNHCR official highlights the significant economic challenges posed by the presence of Afghan refugees in Pakistan. The influx has strained public services such as healthcare and education, with half a million Afghan children contributing to overcrowded classrooms.
Increased competition in the job market has led to lower wages while rising demand for housing in urban centres has driven up rental prices, he says.
Governance & refugee rights
This policy divergence raises pressing questions. Will the federal government attempt to enforce its policy in Khyber Pakhtunkhwa through federal law-enforcement agencies?
Can Khyber Pakhtunkhwa resist such efforts without triggering a constitutional crisis?
Hashmat Habib, a legal expert and senior lawyer at the Supreme Court of Pakistan, tells WE News English that Afghan refugees were initially welcomed with the understanding that they would eventually be returned to their country.
He emphasises that whether or not Pakistan is a signatory to the UN Refugee Convention or its 1967 Protocol, the government can send Afghan refugees back to their country as per its policy decisions.
However, he also stresses that on humanitarian grounds, refugees must be facilitated during the process, ensuring their safety and dignity.
Both the federal government and the establishment are on one page on this issue, and it would be hard for the PTI government in Khyber Pakhtunkhwa to keep opposing the policy for long.” – Federal government official.
“While Pakistan is not legally bound by the Convention, as a UN member, it is still expected to follow basic humanitarian principles. These include providing temporary protection to refugees and ensuring their wellbeing, even though the country lacks a formal legal framework for refugee protection.”
More urgently, for the refugees, this division may mean varying treatment depending on geography—a scenario ripe for legal ambiguity, human rights violations, and social unrest.
Refugees in Khyber Pakhtunkhwa may find temporary sanctuary, while those in other provinces continue to face deportation.
A conflict of interests
By resisting forced repatriation, Khyber Pakhtunkhwa has not only asserted its administrative autonomy but has also sought to confront the rival federal government by holding up a mirror to Pakistan’s federal policy apparatus.
Whether this move is primarily political or driven by cultural empathy—or both—it underscores a critical need for a unified, compassionate, and internationally compliant refugee policy.
Tahir Khan, an expert on regional politics and Afghan affairs, says that the announcement by the provincial government is a political move with clear dimensions of political strategy.
This matter primarily falls under the jurisdiction of the federal government,” Khan argues.
He adds that despite the announcement by the provincial chief minister, the Khyber Pakhtunkhwa police asked the refugees to prepare for repatriation.
The provincial government is essentially seeking a few weeks’ extension for the repatriation process. In my opinion, this is more of a political statement and is unlikely to significantly impact the return of Afghan refugees,” Khan observes.
Likewise, a government official in Islamabad says that the decision on repatriating Afghan refugees is mainly made by the federal government, with the establishment playing a key role due to security concerns.
“Both the federal government and the establishment are on one page on this issue, and it would be hard for the PTI government in Khyber Pakhtunkhwa to keep opposing the policy for long, as pressure from the federal government and military establishment could force a change in the provincial stance.”
An official at the Khyber Pakhtunkhwa Home Department agrees with the federal government official.
The Khyber Pakhtunkhwa government would face significant challenges in providing food and shelter to hundreds of thousands of Afghans displaced from Punjab and Sindh, he admits.
“Khyber Pakhtunkhwa already faces economic challenges and limited resources, and accommodating such a large number of refugees would put a strain on its infrastructure and social services.”
