The Peshawar High Court issued an interim order on Jan. 10 preventing the forced repatriation of around 150 Afghan singers and musicians who fled to Pakistan after the Taliban's return to power in 2021. Justice Wiqar Ahmad, who presided over the case, instructed the government to issue a decision on the musicians' asylum applications within two months. The court said that if the asylum claims are not resolved within 60 days, the interior ministry should grant permission for the petitioners to stay for a period sufficient to reach a final decision. The court also allowed the musicians to apply to the UN High Commissioner for Refugees (UNHCR) to process their asylum claims.

The musicians filed a petition last year, citing fears of persecution under the Taliban, who banned music and suppressed artists during their first period in power from 1996 to 2001. Since the Taliban's takeover of Afghanistan in August 2021, musicians in the country have expressed fears of renewed suppression.

As the UNHCR acknowledges, Pakistan has a long history of offering protection to refugees and asylum seekers. As of October 2024, an estimated 1.5 million Afghan refugees and asylum seekers in need of protection were living in Pakistan.

Pakistan, however, lacks a formal national asylum system and is not a signatory to the 1951 Refugee Convention. The UNHCR continues to advocate for improved access to basic rights for refugees and asylum seekers in Pakistan. In particular, the UNHCR has significantly expanded its protection programs in response to Pakistan's new Illegal Foreigners Repatriation Plan (IFRP), which subjects "undocumented" Afghan refugees to deportation.

Amnesty International denounced the IFRP on Jan. 8, calling on the Pakistani government to uphold its international human rights obligations and protect Afghan refugees. The rights group condemned recent reports of arbitrary detentions and harassment against Afghan refugees, stating: "All refugees and asylum seekers, regardless of documentation status, have the right to due process and protection against forced return in international human rights law."

In light of the increasing fears of deportation, Afghan musicians welcomed the court’s decision as a "ray of hope" offering relief to their community. Musician Zarwali Afghan stated: "We were in fear, but the recent decision of the court has sparked happiness among our community… We hope that the government will consider our cases on humanitarian grounds."

From JURIST, Jan. 11. Used with permission.

See our last report on the forced repatration of Afghan refugees.