ISLAMABAD: The Cabinet is said to have been informed about serious complaints against enforcement agencies, including those of harassment and extortion in the name of foreigners’ repatriation, well-informed sources told Business Recorder.
Sharing the details, sources said, on October 30, 2023, the caretaker Federal Cabinet was informed that the Federal Government had approved the “Illegal Foreigners Repatriation Plan” for repatriation/deportation of illegal foreigners from Pakistan to their countries of origin.
It was further stated that the Federal Cabinet had also approved rolling out the first phase of the plan, which entails repatriation /deportation of illegal/unregistered foreigners and those who were overstaying their visa validity periods.
Repatriation of illegal foreigners including Afghans continue
The Ministry further noted that views on the legal aspects of the plan had been sought from the Law and Justice Division, which had opined: “as far as the third and last category of persons is concerned, section 14 of the Foreigners Act 1946 provides the penalties to a person who contravenes any provisions of the Act but this contravention will necessitate the legal process to be adopted by the relevant agency of Pakistan.”
Para 10 states: “it is therefore, advised that the referring Ministry may initiate the process of repatriation of illegal foreigners by issuance of Order under section 3 read with section 10 of the Foreigner Act, 1946. This Order may be called a ‘Repatriation / Deportation Order,’ providing a detailed procedure therein for each category of persons who are currently residing in Pakistan. Moreover issuance of Order under the ibid Act will have the legislative backing as mentioned above instead of the proposed Plan.”
According to Ministry of Interior, in the light of the Law Ministry’s opinion and the consultations made with all the provincial/ regional governments, Ministry of Interior argued that it was imperative to issue a Repatriation Order under the relevant provisions of Section 3 of the Foreigners Act, 1946 for arrest, detention and repatriation of illegal foreigners, during implementation of first phase of the Plan. It was also noted that in terms of Section 14 (B) of the Act ibid., directions of the Federal Government were required for repatriation of foreigners undergoing trial or sentence for violation of provisions of the Act ibid.
During discussion on this issue, it was observed that there were serious complaints against the enforcement agencies, including those of harassment and extortion. The need to take the provincial governments on board was emphasised to make sure that the action they take is in conformity with the true spirit of the federal policy for repatriation of illegal foreigners.
Ministry of Interior clarified that the repatriation drive was only targeted against illegal foreigners, who had failed to produce any documents to support their identity. It was added that unfortunately, majority of the illegal residents were from Afghanistan and the deportation might create an impression that it is not in line with the intended objectives. It was also stated that deportation centres were being set up in all provinces to detain the foreigners until they are sent back and all such measures were being taken to allow an honorable exit. It was also emphasized that the need to maintain the basic norms of decency during the repatriation drive and to respect the dignity of the persons being deported must be ensured, but to remain firm in case of any defiance.
Ministry of Foreign Affairs shared that some foreign countries have raised concerns about the modus operandi and that the Ministry was preparing a list of concerns, along with responses, to be shared with Ministry of Interior. It was proposed that there was a need to build a narrative emphasizing why the repatriation was being carried out, that the process itself shall be carried out with due care and diligence, that the human dignity of the deportees will be maintained, and that the spirit of the policy will be respected.
It was observed that Pakistan was sympathetic to the cause of the immigrants but that they must come lawfully with complete documents. The Cabinet also considered devising a strategy in consultation with all concerned Ministries and agencies, including the Ministry of Interior, NADRA, Ministry of Information, and Ministry of National Health Services, Regulations & Coordination.
A Complaint Cell is functional from November 1, 2023 besides using means of electronic and print media for proper communication of the main contours of the policy. It was suggested to adopt digitization and technology-based solutions to monitor the repatriation. Regarding the Repatriation Order, it was observed that the time for deportation had not been mentioned, which may be added under section 14 (c).
Ministry of Interior proposed that to legally empower and enable police, prosecution, jail administrations and all other concerned agencies in the Provincial and Federal Governments, a Repatriation/ Deportation Order may be issued under Section 3 and 14 (B) of the Foreigners Act, 1946 and place draft Repatriation/Deportation Order before the Cabinet.
After detailed discussion, the Cabinet approved proposal of Inter-Ministry. The Cabinet further directed that the Ministry of Interior shall be responsible to ensure that the repatriation order is implemented in its true letter and spirit, that no implementational gaps or loopholes are left, and that the dignity of the persons to be repatriated is fully maintained.
Copyright Business Recorder, 2023