SOUTH ASIA - House Foreign Affairs Committee Democrats

2307ties at times prevent political party leaders and religious leaders from traveling tocertain parts of the country (see Sections 2.b. and 2.c.). Travel to Israel is prohibitedby law. Government employees and students must obtain ‘‘no objection’’ certificatesbefore travelling abroad, although this requirement is rarely enforced against students.Citizens regularly exercise the right to emigrate. However, an Exit Control List(ECL), which is made public but is constantly revised, is used to prevent the departureof wanted criminals and individuals under investigation for defaulting on loans,corruption, or other offenses. At the end of 1999, the HRCP estimated that therewere more than 5,000 entries on the ECL, including 400 PML leaders, all 45 MQMlegislators and their family members, 20 journalists, and as many as 3,000 allegedbank defaulters. The Musharraf Government increased the use of the ECL reportedlyto prevent those suspected of loan defaults or corruption from leaving the country.The focus apparently was on potential loan defaulters as part of the MusharrafGovernment’s emphasis on accountability. According to a press report, theMusharraf Government added approximately 3,000 names to the ECL. No judicialaction is required to add a name to the ECL; however, those named have the rightto appeal to the Secretary of Interior and, if refused, to the Advocate General of thesenior judiciary. In practice courts have directed the Government to lift restrictionson some politicians on the ECL. For example, Benazir Bhutto, former Prime Ministerand leader of the PPP, was placed on the ECL and was prevented from leavingthe country in December 1998. Bhutto was allowed to leave later that month followinga court order to lift the travel restrictions against her.Pakistan has not signed the 1951 Convention Relating to the Status of Refugeesor its 1967 Protocol and has not adopted domestic legislation concerning the treatmentof refugees. In December 1999, the office of the U.N. High Commissioner forRefugees (UNHCR) noted a change from the practice of granting ‘‘prima facie’’ statusto all Afghans in the country; under the new policy, all refugee determinationsare to be made on a case-by-case basis. However, means for screening Afghan refugeeshave not been established, and Pakistani law makes no provisions for asylum.The absence of legalized asylum, coupled with sharp economic competition, led toa more restrictive admissions policy and a deteriorating quality of life for some refugees.The Government cooperates with the UNHCR and other humanitarian organizationsin assisting refugees. First asylum has been provided to refugees from Afghanistansince 1979, when several million Afghans fleeing Soviet occupation pouredacross the border. There remain an estimated 1.2 million Afghan refugees in thecountry who have been granted first asylum. There also are an estimated 2 to 3 millionunregistered Afghans in urban areas throughout the country.The Government has not granted permanent legal resettlement to Afghan refugeesbut allows them to live and work in the country. Many are self-supporting andlive outside refugee camps, which has resulted in some hostility among local communitieswhose residents resent the economic competition and believe that the refugeescontribute to high crime rates. The Government occasionally harasses refugeesand threatens them with deportation. For example, authorities in Quetta detaineda number of newly arrived Afghans, mostly non-Pashtun minorities, with plans todeport them. In December 1999, the UNHCR proposed that the Government establisha formal joint screening mechanism to determine whether or not the intendeddeportees are refugees according to internationally accepted standards. No such formalmechanism was established during the year, and the Government deportedsome persons without notifying UNHCR officials. However, the Government sometimesallowed the UNHCR to attempt to find solutions other than deportation forrefugees, such as arranging for resettlement in a third country.Most refugee camps are well established, and living conditions resemble those inneighboring villages, even though most direct assistance to the camps ended in theearly 1990’s. Most recent arrivals have gone to urban areas like Peshawar orQuetta, but some have settled in the new Akora Khattak camp (since 1996) and theShamshatoo camp (since 1999). Conditions for newly arrived Afghans generally areworse than conditions in the well-established camps. For example, sanitation, healthcare, shelter, and fresh water are ongoing problems in the new camps. Some of themost recent arrivals still reside in makeshift tents. In 1999 874 Afghan refugeesfrom Nasir Bagh camp were relocated to make room for construction of a new highwayand housing development. Some were taken to Akora Khattak camp; however,many reportedly returned to Afghanistan or moved to other locations in Pakistan.Relocations declined in late 1999 and did not occur during the year.According to Amnesty International, there was one report of the forced return ofa person to a country where he feared persecution during the year. Professor MohammadRahim Elhan, a prominent Afghan scholar who had accused the Govern-VerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00151 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1