Firstly, the economic migrants- The Convention does not extend its scope in the case of economic migrants whose movement for the financial or personal reasons . By describing them as the people who are in another country for their “better life” the convention enumerates that these category of the people can not be equated with those fled due to the war and persecution. (UNCHR, 2007)(5) Secondly, the provisions of the Convention is silent for those people internally displaced, i. e. the refugees remain inside their home country .
Because of these reason such refugees are liable to obey the laws of their own country rather than International refugee Law. It is the responsibility of UNHCR to protect the interest of such people. The UNCHR has already urged the states that it is the duty of all state to cooperate and share the burden of the people from forced displacement. Now there are 139 member states to uphold the interest of the displaced people under UNCHR. (6) UNCHR ,2005). In 1998 the population concern of such refugees under UNCHR was 20. 047,700 but as per 2007 statistics it is increased to 32,900,000.
Thirdly, the Convention does not entertain the category of those people who have committed a crime against the peace, a war crime, or serous political crime outside the asylum country. Moreover a soldier can not apply for the status of refugee as the Convention defines the refugee as a civilian. The convention does not ensure interests of any individuals of equal countries. The Convention itself is not molded in order to solve the root causes of the problems such as the problems arise from either on individual basis or on the basis of political reform or military rules in their home country.
Apart from this, In the case of an individual/organization which compel the people to flee from their home country, the convention shall not take such identity of the agent as decisive factor to impart the refugee status. (7). Now we consider the stand view of the Convention regarding the countries like Afghanistan and Iraq. Refugee status of Afghanistan The massive break out from the Afghanistan began in 1978 when the Marxist People of Democratic Party of Afghanistan overthrew the government of Mohd. Dauod.
In later stages Afghanistan observed the wound of invasion led by Soviet Union in 1979 to restore the order in the country. After this, in the wake of political reforms Soviet started vanquish the Afghan population which ultimately led to the continuous torture and punishment. (Hassan,1995)(8) and it eventually led to the flee of 3. 7 million refugees to the neighboring countries of Pakistan and Iran. A small number of Afghans agreed to return their home country once the Soviet Union withdrew from Afghanistan in 1988.
But majority of Afghans fled back only after the soviet appointed leader Najibulla threw out of the power. Unfortunately the later years also witnessed armed disorder in Afghanistan as the Mujahiddin started fighting for the control of the capital, Kabul. As a result a large scale of people had to be fled from Afghanistan and they remained in the border as internally displaced people (9). ( UNCHR Research and Evaluation Division, 1994)Later around 300,000 left the Afghanistan during US led invasion in 2001. But after the talk of UNCHR majority agreed to return home.
The statistic report of 2006 shows that around 2. 46 million Afghans are still living in Pakistan and more than 900,000 refugees are in Iran. (10)(UNCHR, 2006) Now we shall scrutinize whether the Afghanistan can be given refugee status under refugee convention 1951. For this we shall revise the definition of refugee under Convention. The convention declares that a person should meet following requirements to apply for the refugee status. - the person should face a threat which must be founded in fear or maltreatment
Such maltreatment should be from his/her religion, race, nationality etc -such maltreatment prevents him to return his country The Afghans were expelled from their home country due to such awakes of incidents. They may be termed as internally displaced person which is exclusion part of the Refugee convention. But the Afghans qualify the meaning what the convention 9. UNCHR Research and Evaluation Division, 1994, Repatriation under conflict: A review of the encashment program for Afghan refugees in Pakistan, Geneva: 10. UNCHR, 2006, Afghan situation: Operational Update,