Conclusion and recommendations
This review of the Foreigners Act 1946 and the Pakistan Citizenship
Act 1951 reveals clear gaps in protection of refugees and citizenship
rights, which merits a critical review of the current legal framework
and its implementation by all relevant stakeholders. The following
key recommendations are proposed as a starting point:
§
Review and revise the Pakistan Citizenship Act 1951 and the
Foreigners Act 1946 to align them with Pakistan’s constitutional
and international obligations. Both laws predate the
Constitution of Pakistan 1973 as well as several of Pakistan’s
international human rights commitments (such as under CAT,
ICCPR, CEDAW, Convention on the Rights of the Child (CRC),
etc.). Therefore, they fall short in encompassing commitments
to guaranteeing fundamental rights granted in the Constitution
and international law. For example, the definition of a foreigner
under Section 2 of the Foreigners Act 1946 is a broad one that
needs revision; it currently includes refugees, leading to their
persecution under this legislation.
§
Ratify the 1951 Refugee Convention, its 1967 Protocol and
develop a comprehensive legal protection framework for
refugees and asylum seekers in Pakistan at the national level.
§
Recognize and promote the understanding amongst all
stakeholders that fundamental rights for all persons guaranteed
in the Constitution of Pakistan 1973 are applicable to refugees,
asylum seekers, stateless persons and other marginalized
groups.
§
Ensure all relevant stakeholders uniformly understand and apply
Section 4 of the Pakistan Citizenship Act 1951, which
unequivocally grants the right to nationality to anyone born in
Pakistan (irrespective of origin of their parents), through
capacity-building and development of effective oversight
mechanisms for implementation of the birthright citizenship
provision (Section 4).
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