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). 23

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