Committee: United Nations High Commissioner for Refugees

Country: Islamic Emirate of Afghanistan

Topic: Ensuring the Safety of Asylum Seekers Worldwide

The issue of protecting asylum seekers is of paramount significance as nations grapple with an
unprecedented global displacement crisis. Afghanistan recognizes the dire need for a collective and
comprehensive approach to address the protection needs of asylum seekers worldwide. As a country
that has experienced conflict and displacement, Afghanistan understands the urgency of finding
effective solutions to ensure the safety, dignity, and rights of those seeking asylum. The international
community, represented in this esteemed committee, plays a crucial role in shaping policies and
frameworks that will define the future of asylum protection.

The government of the Islamic Emirate of Afghanistan acknowledges the gravity of the challenges faced
by asylum seekers globally. In alignment with international norms, Afghanistan is committed to assist
and protect asylum seekers. The commitment to the principles outlined in the 1951 Refugee Convention
and its 1967 Protocol remains steadfast. Afghanistan also emphasizes the importance of the Universal
Declaration of Human Rights, particularly article 14 that underscores the right to seek asylum and other
relevant international treaties that underscore the rights and protections owed to asylum seekers. The
government is committed to work in tandem with the United Nations High Commissioner for Refugees
(UNHCR) and other partners to facilitate voluntary repatriation, and improve conditions for displaced
individuals.

Afghanistan emphasizes the importance of capacity-building initiatives to enhance the capabilities of

nations in addressing the needs of asylum seekers. Training programs and knowledge-sharing platforms
can contribute to more efficient and humane asylum processes. Afghanistan encourages increased
international humanitarian aid to support countries hosting large numbers of asylum seekers. Adequate
resources are essential to meet the basic needs of displaced populations and mitigate the strain on
hosting nations. Afghanistan underscores the need for the international community to strengthen legal
protections for asylum seekers. The development of standardized procedures, in line with international
conventions, ensures fair and just treatment for those seeking asylum.
General Speakers List Speech

The world grapples with an unprecedented crisis—a staggering 82.4 million people forcibly displaced,
their lives upended by conflict, persecution, and unimaginable hardship (UNHCR Global Trends, 2021). In
every statistic lies a human story of resilience, survival, and the relentless pursuit of hope. Today, we
stand at the crossroads of history, tasked not merely with addressing numbers but with answering the
desperate cries of those who seek refuge. We find ourselves in a pivotal moment where the echoes of
displacement resonate not only within our borders but reverberate globally. Afghanistan, having
endured decades of conflict, is home to 3.2 million internally displaced persons, (UNHCR) and their
stories of resilience and fortitude deserve not just our sympathy but our unwavering commitment to
action. Furthermore, we bring to your attention a matter of profound injustice—a plea for the return of
assets unlawfully taken from 450,000 Afghan refugees forcibly deported from Pakistan. These
individuals, stripped of their homes and belongings, now look to the international community for
redress. Afghanistan implores this esteemed assembly to acknowledge the gravity of this issue and
advocate for the restoration of justice for these displaced souls. We must also remember the cries of the
1.7 million (UNOCHA) internally displaced Palestinians in Gaza, whose lives have been marred by the
relentless scourge of war. As we deliberate on global solutions, let us not forget the faces behind these
statistics—human beings yearning for a glimmer of hope amidst the darkness of conflict. Afghanistan
stands firm in its expectation for concrete action. We invoke the principles enshrined in the 1951
Refugee Convention, its 1967 protocol, article 14 of the international declaration on human rights. Let us
seize this moment to forge a path forward—one that transforms rhetoric into meaningful action and
reaffirms our shared commitment to the protection of asylum seekers worldwide.

Clarifying Main Terms and Definitions

As we delve into the intricacies of this multifaceted issue, it is paramount that we establish a common
understanding of key terms, ensuring a cohesive and informed dialogue. An asylum seeker, as
articulated in international law, is an individual who has fled their home country due to a well-founded
fear of persecution based on race, religion, nationality, membership in a particular social group, or
political opinion (1951 Refugee Convention, Article 1A(2)). Establishing clarity on this foundational term
is crucial as we navigate discussions surrounding their rights, protection, and the legal frameworks that
guide our deliberations. Refugees seek protection outside their country of origin and are unable or
unwilling to return due to the genuine fear of persecution. The international definition of a refugee is
primarily established by the 1951 Refugee Convention and its 1967 Protocol. A refugee is an individual
whose asylum claim has been accepted, and they have been formally recognized as having a well-
founded fear of persecution. Refugees enjoy the rights and protections outlined in the 1951 Refugee
Convention and its 1967 Protocol, including the right to work, access to education, and freedom of
movement. They are typically granted the status of a refugee for as long as the conditions causing their
displacement persist. As we broaden our scope, let us collectively grasp the concept of Internally
Displaced Persons (IDPs). These are individuals who have been forced to flee their homes but have not
crossed an international border. Understanding the unique challenges faced by IDPs is pivotal, as their
plight often requires distinct considerations in terms of protection, assistance, and durable solutions
(Guiding Principles on Internal Displacement of the UN Commission on Human Rights). Afghans have
suffered more than 40 years of conflict, natural disasters, chronic poverty, food insecurity, COVID-19
pandemic and most recently a changeover in government authorities. The events leading up to the
Taliban’s takeover of Kabul in August 2021 intensified instability and violence in Afghanistan – causing
even more human suffering and displacement. Today, more than 8 million Afghans have been driven out
of their homes or their country by conflict, violence and poverty. At least 3.2 million Afghans are
displaced within their own country. As the humanitarian crisis continues, the resilience of Afghans and
their host communities is being stretched to the limit. Four decades of conflict and instability in
Afghanistan have left millions of people on the brink of hunger and starvation. A record 28.3 million
people are in need of humanitarian and protection assistance in 2023 - a huge spike from 24.4 million
people in need in 2022 and 18.4 million in early 2021. In 2023, 20 million people face acute hunger, with
6 million people in ‘emergency’ levels (one step away from famine) - one of the world’s highest figures.
Our discourse must also encompass the principles of forced return and non-refoulement. Forced
return, commonly known as deportation, involves the expulsion of individuals to a country where they
may face persecution. Non-refoulement, a cornerstone of international refugee law, prohibits the return
of individuals to situations where their life or freedom would be at risk (1951 Refugee Convention,
Article 33). Statelessness refers to the condition of an individual who is not recognized as a national by
any state under the operation of its law. Stateless persons lack the citizenship and nationality of any
country, leaving them without the legal bonds and protections associated with citizenship. Statelessness
can result from various factors, including gaps in nationality laws, state succession, discriminatory
practices, and arbitrary denial of nationality. Stateless individuals face significant challenges in enjoying
basic rights, such as access to education, healthcare, employment, and legal recognition. the 1954
Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of
Statelessness address the protection of individuals who are stateless. 1954 Convention and the 1961
Convention on the Reduction of Statelessness have given UNHCR a leadership role in assisting
them. Voluntary Repatriation refers to the safe and dignified return of refugees or displaced persons to
their country of origin or habitual residence. The term emphasizes the voluntary nature of the return,
meaning that individuals decide to return of their own free will, without any form of coercion or undue
pressure. Artixle 1C of the 1951 Refugee Convention acknowledges the right of refugees to voluntarily
return to their home country. Principle 28 of the Guiding Principles on Internal Displacement recognize
the right of internally displaced persons to return voluntarily to their homes as soon as the reasons for
their displacement cease. The UNHCR Handbook on Voluntary Repatriation provides guidance on the
principles and procedures for ensuring the voluntary nature of repatriation. Article 12 of the ICCPR
recognizes the right of everyone to leave any country, including their own, and to return to their
country. OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (Article II.3)
highlights the right of refugees to return voluntarily to their country of origin.

Palestine

1. During the 1948 Palestine War, around 85% of the population or 700,000[fn 1] Palestinian Arabs,
living in the area that became Israel fled or were expelled from their homes, to the West Bank,
the Gaza Strip, and to the countries of Lebanon, Syria and Jordan.[6] UNRWA’s five areas of
operation.The principal event in modern Palestinian history and memory is the Nakba, or
what is roughly translated into the “catastrophe .” The term refers to the mass displacement
of approximately 700,000 Palestinians during the Arab-Israeli War of 1948 and the creation
of the state of Israel . The mass exodus of Palestinians in 1948 resulted in two realities that
have marked the region since. The first involved about 25,000 Palestinians displaced within
the boundaries of what became Israel . Known as internally displaced Palestinians , this
community did not cross any official border and thus never received refugee status under
international law. Instead, they became Israeli citizens, distinguished by their legal
designation in Israel as “present absentees .” Through the Absentee Property Law the Israeli
state proceeded to confiscate displaced Palestinians’ properties and deny their right to
return to the homes and villages of their birth .They, and their descendants who are also
entitled to registration, are assisted by UNWRA in 59 registered camps, ten of which were
established in the aftermath of the Six-Day War in 1967 to cope with the new wave of displaced
Palestinians.[7] The second-largest displacement of Palestinians occurred in 1967 during the
Israel-Arab war known to Palestinians as Al Naksa or the “setback.” Fought between Israel on
one side and Syria, Egypt and Jordan on the other, the war ended with Israel occupying
territory in all three countries , including the remaining areas of Palestine: the West Bank and
Gaza Strip. During the war, approximately 400,000 Palestinians were displaced from the West
Bank and Gaza primarily to Jordan and housed in one of six new UNRWA refugee camps. As
of 2019, more than 5.6 million Palestinians were registered with UNRWA as refugees, [3] of which
more than 1.5 million live in UNRWA-run camps. However, UNRWA's assistance is limited to
Palestine refugees residing in UNRWA's areas of operation in the Palestinian Territories,
Lebanon, Jordan and Syria. On 11 December 1948, the General Assembly of the United
Nations (UNGA) adopted Resolution 194 which affirmed the Palestinians right to return to their
homes. (fatah leader agreed to not include in the declaration of principles/oslo accord to resolve
the crisis) Most Palestine refugees claim a Palestinian right of return. In lack of an own country,
their claim is based on Article 13 of the Universal Declaration of Human Rights (UDHR), which
declares that "Everyone has the right to leave any country including his own, and to return to his
country" Support conditions in countries of origin for return in safety and dignity global compact
on refugees UNRWA has been supporting refugee camp improvement projects through road
construction and home rehabilitation in the camps . Palestinian refugees represent the
longest protracted refugee situation in modern history. For 75 years now, they have been
forced to live as a stateless population without the ability to return to their homeland. case
Jewish, whose leaders treat the return of Palestinians as a demographic threat . the
displacement of more than 700,000 Palestinian civilians during the 1948 war contradicts the
Zionist myth of the right to “a land without people for a people without a land”. Loopholes of
unrwa: The funding system is another factor showing the fragility and the dependency of the
Agency. The funding, in fact, is guaranteed only by the voluntary contributions of donor
countries. This means that the lack of a self-generated financial base or a United Nations
assessment-based contribution system has historically set limits to UNRWA’s initiatives,
activities, and autonomy from donor countries’ political interests. Recognition of Palestinian
refugees’ right of return is also a recognition of what happened to them, their individual and
collective history, and of the injustice that they have experienced. For 63 years, Palestinian
refugees have made clear that they will not accept financial compensation instead of full
reparations, which include the right to return and property restitution. without full recognition
of the right of return to their homes of origin offers no remedy and reparations to Palestinian
refugees; it limits self-determination by restricting Palestinian nationhood and abandoning many
Palestinians to a state of permanent exile. to promote the idea of establishing a Palestine
Refugee and Displaced Persons Final Status Fund under the aegis of the United Nations to
finance the forthcoming cost of resettlement; According to the European Network on
Statelessness (ENS), several EU+ countries do not recognise Palestinians as stateless during the
asylum procedure. This has created additional obstacles for Palestinians trying to access
international protection, and it may impact the children of Palestinians if they cannot access the
 nationality of the country in which they were born. The main reason for divergence in practices
is because EU+ countries interpret Article 1(D) of the 1951 Geneva Convention on the Status of
Refugees (1951 Convention) differently. According to the article, the 1951 Convention “shall not
apply to persons who are at present receiving from organs or agencies of the United Nations
other than the United Nations High Commissioner for Refugees protection or assistance. When
such protection or assistance has ceased for any reason, without the position of such persons
being definitively settled in accordance with the relevant resolutions adopted by the General
Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this
Convention”. People whose parents were registered with unrwa but never received support
weren’t eligible for seeking asylum. Furthermore, there have been cases The applicant claimed
that she could not access appropriate education and medical assistance for her severely
disabled son in the Al Bass camp in Lebanon, where the family was registered with UNRWA. The
Secretary of State in netherlands had rejected their claim for refugee status because they were
registered with UNRWA and had received, and were likely to continue to receive, support in
Lebanon. While the Secretary of State admitted that the child had been discriminated against on
the basis of his disability, this discrimination did not reach the level required to qualify as
persecution. This means that Article 1D is relevant only to a person who was receiving
protection or assistance from UNRWA on 28 July 1951. It is not relevant to anyone else, not
even to the descendants of people who were receiving such protection or assistance on that
date. The 1954 Convention relating to the Status of Stateless Persons has a similar, although not
identical, provision to Article 1D of the Refugee Convention. This is Article 1(2)(ii). This provision
should be interpreted as meaning that a person who was receiving protection or assistance from
UNRWA on 28th September 1954 (the date that Convention was signed) is not covered by the
terms of the Stateless Persons Convention, even if they otherwise meet the definition of
statelessness set out in that Convention. 1954 Convention and the 1961 Convention on the
Reduction of Statelessness have given UNHCR a leadership role in assisting them. This
Convention shall not apply: (i) To persons who are at present receiving from organs or agencies
of the United Nations other than the United Nations High Commissioner for Refugees protection
or assistance so long as they are receiving such protection or assistance. Recent
situation( according to unrwa’s Novemberreport) Shelters are operating beyond their capacities
and many new IDPs are sleeping in the streets as current facilities are overwhelmed. The
number of IDPs in UNRWA shelters is four times more than what UNRWA had originally planned
for. On average, the shelters are about 2.7 times their designed capacity. The most crowded
shelter, at its most severe level of overcrowding, was hosting 12 times more people than its
designed capacity. Overcrowding conditions are severely constraining access to basic assistance
and essential services while increasing health and protection risks, and negatively impacting on
mental health. At the Rafah logistics base, 400 people are sharing one toilet. This is according to
october’s report On 23 October, due to the Israeli Security Forces’ search and arrest operation in
Jalazone refugee camp, and the volatile situation in the camp, the three UNRWA schools in the
camp serving over 1,700 school children, were closed. November report again Over 565,000
IDPs are sheltering in 92 facilities in the Middle, Khan Younis and Rafah areas. Almost 1.5
million people have been displaced across the Gaza Strip since 7 October. One UNRWA school in
the north of Gaza was directly hit by strikes, which resulted in one person killed and nine injured
among the Internally Displaced Persons (IDPs) sheltering in the school.

Afghanistan
The 1978 Saur Revolution followed by the 1979 Soviet invasion marked the first major wave of
internal displacement and international migration to neighboring Iran and Pakistan;More
than
1.6 million Afghans have fled the country since 2021, bringing the
total number of Afghans in neighboring countries to 8.2 million -
accounting for one of the largest protracted refugee situations in the
world. Afghans have suffered more than 40 years of conflict, natural disasters,
chronic poverty, food insecurity, COVID-19 pandemic and most recently a
changeover in government authorities. The events leading up to the Taliban’s
takeover of Kabul in August 2021 intensified instability and violence in Afghanistan –
causing even more human suffering and displacement.Today, more than 8 million
Afghans have been driven out of their homes or their country by conflict, violence and
poverty. At least 3.2 million Afghans are displaced within their own country. As the
humanitarian crisis continues, the resilience of Afghans and their host communities is
being stretched to the limit. “Afghanistan’s displacement crisis is one of
the largest and most protracted in UNHCR’s seven-decade history.
We’re now seeing a third generation of Afghan children born in
exile,’’ says UN High Commissioner for Refugees Filippo Grandi.
UNHCR also helps by facilitating voluntary repatriation for Afghan
refugees from Iran, Pakistan and other countries, once it is
established that their return is voluntary, safe, dignified and durable.
Afghan returnees are provided with cash grants to help address their
immediate needs, as well as basic health services like malnutrition
screening and vaccinations, mine risk education, information on
school enrollment and overnight transit assistance. They are also
assisted with reintegration into their communities. Between 1979 and 1992,
more than 20% of Afghanistan's population fled the country as refugees. [2] Following the Soviet
withdrawal in 1989, many returned to Afghanistan,[3] however many Afghans were again forced to
flee during the civil war in the 90s. Over 6 million Afghan refugees were residing in Iran and Pakistan
by 2000. As stateless refugees or asylum seekers, they are protected by the well-established non-
refoulement principle and the U.N. Convention Against Torture. According to the International
Organization for Migration (IOM), there are over five million internally displaced people in
Afghanistan as of late 2021.