5. CONCLUSION AND RECOMMENDATIONS
The conflict gripping Afghanistan is widespread and volatile. Tens of thousands of civilians have been killed or injured, and a wide range of people are at additional risk of other serious human rights violations such as persecution or torture. No part of the country can be considered safe. European countries and the European Union have remained wilfully blind to these dangers, and are putting tremendous pressure on Afghanistan to accept large numbers of returns. Returns are increasing, even as dangers in the country have become more severe. To effect these returns, European countries have arbitrarily called some areas of Afghanistan “safe,” including Kabul, which is currently the most dangerous part of the country for civilians. The returns from Europe, happening despite the evidence on the ground in Afghanistan, amount to refoulement – that is, transfers to a risk of serious human rights violations. At present, given the grave security and human rights situation across the country, all returns violate the international legal principle of non-refoulement. In light of these findings, Amnesty International makes the following recommendations:
EUROPEAN GOVERNMENTS
Implement a moratorium on returns to Afghanistan until the situation in the country permits returns to take place in safety and dignity; and
Ensure that age assessments of asylum-seekers are based on respect for a child’s dignity and his or her best interests.
EUROPEAN UNION
Recommend the suspension of deportations to Afghanistan until the situation in the country permits returns to take place in safety and dignity;
Suspend return flights to Afghanistan coordinated and/or financed by the European Border and Coast Guard Agency (Frontex);
Ensure effective monitoring of, and reporting on, the situation of returnees by the Joint Working Group on the EU-Afghanistan Joint Way Forward; and
Give to the statistical office of the EU (Eurostat) the resources and authority to track the types of returns (forced returns and AVRs) from European countries to countries of origin, disaggregated by age and gender.
FORCED BACK TO DANGER ASYLUM-SEEKERS RETURNED FROM EUROPE TO AFGHANISTAN Amnesty International
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