The Administrative Law Division of the Council of State ruled on 21 March that, although the security situation in Afghanistan as a whole is "worrisome," asylum seekers are not entitled to asylum solely because they come from Afghanistan. As a result of this ruling, state authorities may expel Afghans whose requests have been rejected.

Afghanistan is not a safe country

A coalition of nine children's rights and human rights organizations is seriously concerned about the consequences of this ruling. They emphasize that expulsions to Afghanistan are dangerous and that it is completely irresponsible to continue doing this.

The ruling means that not only the country of origin, but also other factors are decisive in the asylum procedure. This applies, for example, to single women, atheists, or people who are at risk because of the vulnerable group they belong to or because of their sexual orientation.

But in practice, the Netherlands is very strict about these individual protection grounds. Moreover, insufficient attention is paid to the specific risks of children who return to Afghanistan. The coalition emphasizes that every Afghan refugee is at risk when they return.

Netherlands extremely strict

In overcrowded refugee camps, children have died because of the inhumane conditions and freezing cold. Recent research shows that three-quarters of the returned Afghans have fled again. The Netherlands is extremely strict in relation to other European countries in assessing asylum applications by Afghan refugees.

For example, Afghan refugees in Italy receive protection in 92% of all cases, and in France the figure stands at 84%. In the Netherlands, protection is granted in only 35% of cases.

According to the Global Peace Index, Afghanistan is, after Syria, the most violent country in the world. The UN Security Council has also declared Afghanistan as "a country at war" since the end of 2017. Several armed groups are active in large parts of the country. People are fleeing from all parts of the country. The newspapers are full of reports about bloody bombings and serious human and child rights violations are happening every day. Today, 29 people were killed and 56 injured in an attack in Kabul.

Look beyond what's on paper

Despite the deteriorating situation in Afghanistan and the call from civil society and the Dutch House of Representatives not to ignore to extreme insecurity in Afghanistan, State Secretary for Asylum and Migration Affairs Mark Harbers has not improved the protection policy for Afghans.

Therefore, in response to this statement, nine children's rights and human rights organizations ask the minister to look beyond the paper reality and not to send Afghans back to their country, where their lives will be in danger.

Signatories:

Defence for Children
Amnesty International
INLIA
PAX
Kerk in Actie
Save the Children
Stichting LOS
Unicef Netherlands
VluchtelingenWerk Nederland