Declaration of Leadership council of the Afghan Lawyers Association    in Europe (ALAE) In defense of Afghan Asylum seekers rights, in the Netherlands. 

January 2010.

The ALAE as a social and professional foundation thinks that this is its responsibility at this time to speak out its serious worries and anxieties related to difficulties and complexities created to a group of Afghan’s Asylum seekers in Netherlands.

ALAE while condemns the way of this conducts of Netherlands’ related Authority specially the Netherlands respectable Ministry of Justice, which accordance to unsound, far from reality, false and based upon personal motives, Report has one part of Afghan Asylum seekers regardless to the principles of individuality of Crime and Punishment , on reliance of suspicion, doubt, skepticism , mistrust and exceptional misinterpretation of some of Articles of national Laws and International Conventions specially paragraph F Article 1 ,known as (1F) United Nations Geneva  Convention of 1951 .Therefore this standpoint is confused the opinion of high ranking Authorities . As a result these group of Afghans do not only enjoy the rights of Refugee Status but also being jailed and then were sent to Afghanistan, while the steadily deteriorating situations in there at this moment is the sole engagement of International Community including European Countries, which they are busy to fight against terrorists, with acceptance of great losses of human lives and materials, bringing peace and security there.

Must be pointed out that the unacceptable difficulties imposed on these and being deprived from the greatest parts of fundamental rights of living and heath care and repeatedly being sent to detention centers for months, for the purpose of taking their acceptance to unwilling repatriation. These abnormal situations and conducts are influenced to unity of families and resulted the falling apart of the families. Moreover the detention of these Afghans is deteriorated the psychological and living state of their families.

According to the assessments of the Organizations of protecting of child’s rights a number of children and youths of these families because of the uncertainty of their future and the disunity of their family structure are struggling with serious psychological problems. Obviously is against to the preserving and defending the rights of child and family. While safeguarding and securing the rights of children in all the European Countries is the prime tasks of governments, political parties and human rights institutions of European Countries and they confirmed these principals in their national laws. For sure for the government of Netherlands are not exceptional too.

Therefore the ALAE consider these series of conducts violation of Refugee Laws, which are confirmed in the international Conventions such as Geneva Convention of 1951and other related International Documents. Because we join with the assessments of some professional juristic and human rights institutions of Netherlands and other European Countries and support their positions and viewpoints in this respect.

ALAE respectfully requests from the respectable ministry of foreign affairs of Netherlands to revise with factual revision of the matter and revision of untrue reports based on allegations of year 1997, which is the guidance of some Authorities of  Netherlands ministry of justice on the Afghan’s refugees cases.

By the way it must be said that we are in favor of rational, legal solving of this problem in the democratic country of Netherlands.

From our view of point turning the attention of legal and juristic institutions of Netherland and European Community’s Countries, International Institutions such and United Nations and Amnesty International to the matter is essential.

Besides we ask the solemn and serious attention of Afghan Government’s Authorities such as Ministry of foreign affairs in this case and respectfully ask them to consider this problem serious and safeguarding the Afghans citizens interests in the foreign countries   as a legal responsibility of Afghan State. They should be paid attention and take proper action.

We hope that   the government of Afghanistan finds a reasonable solution and starts discussions over the problem with Netherlands government.

ALAE while repeatedly defends the legitimate cause of Afghan refugees , requests from all Afghans that in backing and protecting of all fellow Afghan citizens rights fulfill their legitimate responsibilities .

With hope for adjudication of legitimate rights of Afghan’s refugees

 

Professor Doctor Gulam Sakhi Massun

President of ALAE