Introduction
Pakistan’s legal framework recognizes only two distinct and broad
categories of individuals concerning their relationship with the state:
citizens and foreign nationals. It does not contain an adequate legal
protection framework for refugees, despite Pakistan being amongst
the largest hosts of Afghan refugees for almost half a century, nor
does it contemplate a scenario where an individual lacks citizenship
of any country and is therefore stateless.
This legislative review examines key provisions of two legislations:
the Pakistan Citizenship Act 1951 and The Foreigners Act 1946.
These two Acts govern citizens and foreigners respectively, and
constitute largely as the current legal framework applicable to both
groups. Refugees are not recognized as a distinct group from
foreigners or possible citizens (through an applicable pathway to
citizenship)1 under national law. The review seeks to assess current
gaps in the legal framework and its application pertaining to
protection of refugees and citizenship rights, in light of Pakistan
constitutional and international human rights obligations.
Foreigners vs citizens: Implications
Section 2 of the Foreigners Act 1946 (the Foreigners Act) defines a
foreigner as an individual who is not recognized as a citizen of
Pakistan. Therefore, according to this statutory definition, any person
lacking citizenship in Pakistan is categorized as a foreigner under the
provisions of this Act.
This distinction between citizens and foreigners is of paramount
importance, as Chapter 1 of the Constitution of Pakistan assigns
different fundamental rights to each category. While citizens enjoy
all the fundamental rights enshrined in the Constitution, foreigners
are entitled only to those rights specifically granted to them, as
‘persons’, within the Constitution. Articles 9 – 14 of the Constitution
1
Pakistan is not a party to the 1951 Refugee Convention and there is no national
legislation for the protection of refugees or determination of refugee status in the
country.
1