High Court Jurisprudence on the Applicability of Local Law
toward Afghan Refugees
Establishing clarity and confirmation of the applicability of domestic law toward refugees,
particularly when it comes to employment law and family law, is an important first step in
recognizing, accessing, and realizing their rights in host country jurisdictions. In this regard, the
Islamabad High Court ruling that non-citizens in Pakistan fall within the jurisdiction of family
courts and can bring suits to family court is significant.
PAKISTAN
A 1996 judgment declared that family courts have plenary jurisdiction to hear cases
brought by non-citizens and citizens alike, so long as the matter occurred within the
territorial jurisdiction of the relevant court (Anil Mussarat Hussain v. Muhammad
Anwar Naseem,78 further upheld in Majid Hussain v. Farrah Naz79). These rulings clarify
that the nationality of plaintiffs is immaterial to the question of the jurisdiction of
Pakistan’s family courts, and it is possible that Afghan refugees and other non-citizens in
Pakistan may be similarly impacted by these rulings.
Administrative Policies and Actions
Country-Level Prioritization of Civil Registration
Ensuring that the births of all children, including refugee children, are registered and certified
is an important first step in increasing the ability of those children to access their fundamental
rights. Legal proof of identity can help children access legislative protections, as well as help
secure access to education, social assistance, and health care services. Civil registration also
protects children from violence and exploitation, against family separation and illegal adoption,
and through providing official proof of age also reduces the risk of children being forced into
early marriage or recruited into armed forces.
INDONESIA
In Indonesia, a national strategy for improving civil registration procedures and coverage
incorporates cross-sector collaboration, including across health and education, to support
the civil registration office with regards to birth registration. As a result, the percentage of
children under the age of five whose births were registered almost doubled between 2007
and 2018.80 Indonesia’s Medium-Term National Development Plan includes a target to
ensure that 100 percent of children have their birth registered immediately by 2024, and a
number of legislative acts have provided a framework for implementing this plan.81
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UND OING PRECARIT Y: ELE VATING P OSITIVE PR ACTICES FOR REFU GEE PROTECTION IN SO U TH AND SO U THE AST ASIA
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