Petition
We, the Refugee Project Maastricht, respectfully write in request for the Tweede Kamer to reconsider the policy that calls for the immediate repatriation of the Afghan asylum seekers that are accommodated in Asylum Seeker Centres (AZCs) throughout the Netherlands and have received a negative response on their asylum applications in 2016 and 2017. It is our sincerest hope that you take this appeal into serious consideration and that we could work together to resolve this crucial matter.
Our concern specifically stands with the situation of unaccompanied minors (UAMs) and families from Afghanistan that have been rejected asylum in the Netherlands during the last months. In accordance with statistics from 2016, Afghan applicants have a rejection rate of 65% for first time asylum applications, even final decisions are still about 50% negative. A report generated by UNICEF, unaccompanied minors and adolescents from Afghanistan are a high-risk group for Post-Traumatic Stress Disorder (PTSD) as many of them have been exposed to extreme violence, physical or sexual abuse, and mentally traumatic experiences. In the particular case of UAMs, the group is subject to child-specific protection up until the point that they reach the age of 18 years when their deportation process can be facilitated.
Since October 2016 an agreement called ‘Joint Way Forward’ between the European Union and the Republic of Afghanistan allows for European countries to proceed with the repatriation of rejected Afghan asylum seekers. It has been argued that the Republic of Afghanistan, at least partly, is safe enough for the asylum seekers to be returned. We profoundly hold that this is not the case. As reports confirm 24,841 civilians were killed and 45,347 injured in the armed conflicts in Afghanistan between 2009-2016. While the number of civilian deaths decreased by 2-3% between 2015-2016, the number of civilian injuries steadily increased (i.e. 6% in 2015-2016). In the first quarter of 2017, regular violent attacks have left a documented 2,181 casualties (715 deaths, 1,466 injuries; UNAMA 2017) 34% of which concerned children. Civilian casualties have increased for women and children while attacks by anti-governmental forces intentionally target civilians, a fact that violates International Humanitarian Law. It is important to note that this report does not include the victims of the recent attacks in Kabul since April 2017. For instance, the attack in the diplomatic zone on 31 May in Kabul caused over 90 deaths and 400 injuries. Several explosions on 3 June during a funeral left 20 dead and 119 injured.
The Netherlands is bound by customary international law (non-refoulement principle as developed by case-law, recalling recent cases such as: ECtHR – Salah Sheekh v The Netherlands; ECtHR – NA v UK; ECtHR – Vilvarajah & Ors v United Kingdom) and the European Convention on Human Rights (Art. 3) which states that “No one shall be subjected to torture or to inhuman or degrading treatment or punishment”. The absolute nature of Art. 3 ECHR is not subject to any exceptions or to derogations (cf. Art. 15 ECHR). Therefore, it must be upheld even “in time of war or other public emergency threatening the life of a nation” (Art. 15 (2) ECHR), and it leaves no scope for limitations by law under any circumstances. Afghan unaccompanied minors and families are at serious risk of ill treatment in case of return – for above mentioned reasons – and therefore need international protection from The Netherlands. This is not only a moral but also a legal obligation of the country.
We call for the consideration of all the information provided above and for the Tweede Kamer to extend the humanitarian concerns to Afghan asylum seekers. Considering the inadequate security in Afghanistan, deportations of asylum seekers to Kabul or to other regions of the Afghan Republic would put them in grave danger. We ask for the Tweede Kamer of the Dutch Parliament to consider this petition that requests for the reconsideration of the asylum requests of the Afghan asylum seekers and the halt of planned repatriations.
Sincerely,
The Refugee Project Maastricht