DAILY NEWS ANALYSIS

Recently, Pakistan government launched a nationwide deportation operation against 17 lakh undocumented Afghan refugees.

Why there is huge influx of Afghan refugees in Pakistan?

Afghanistan and Pakistan share a 2,640km long border which passes through rugged mountains, densely forested valleys and narrow rock passages. Its topography makes it porous and difficult to control.

• According to estimates, more than 95% of refugees in Pakistan, both documented and undocumented, are Afghan nationals.
• Soviet invasion- In 1979, Soviet invaded Afghanistan, resulting in steady migration of people to neighbouring Pakistan.
• US invasion- United States invaded Afghanistan after the September 11 attack.
• Rise of Taliban- Refugees International, an independent humanitarian group said that since the fall of Kabul to the Taliban in 2021, more than 600,000 Afghans have fled to Pakistan.

What is the deportation about?

• Deportation- The surge in violence this year triggered Pakistan to launch a nationwide deportation operation.
• Afghan refugees require a Proof of Registration (PoR) card to legally remain in Pakistan.
• Afghanistan’s response- Afghan government led by the Taliban called the deportation as unacceptable and asked Pakistan to reconsider the decision.
• Deportations in the past
  • 2016 - More than 600,000 Afghan immigrants, returned to their country, according to data compiled by the United Nations High Commissioner for Refugees (UNHCR).
  • 2018- Almost 50,000 Afghan citizens, both registered and undocumented, were expelled, according to the UNHCR.

What are the implications of this move?

• The alarm bells ring louder for minorities, women and journalists who are being forced to return to a country languishing under the Taliban regime.
• This move would particularly put women and girls in grave danger as they would be exposed to persecution and other human rights violations simply because of their sex and their gender.
• It would affect people who are living and studying in Pakistan as the Taliban has imposed bans on young and unmarried women from accessing health centres, schools and universities, public spaces, or pursuing means of employment.
• Those who worked for the U.S., the U.K. and other Western countries before the Taliban took control of Afghanistan are highly vulnerable.

Is deportation legal?

• Forceful detention- Mass deportation and harassment are illegal, unconstitutional and violative of people’s fundamental rights.
• Principle of refoulement- It forms an essential protection under international human rights, refugee, humanitarian and customary law.
• United Nations specifies that countries are forbidden from directly or indirectly forcing people from returning to a place of persecution.
• It states that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm.
• Applicability- It is applicable to all migrants at all times, irrespective of migration status.

What is the reaction of human rights agencies?

Human rights agencies estimate that about 60% of Afghan refugees in Pakistan are undocumented.

• Amnesty International- Afghan refugees’ lives and rights are at stake due to the collective failure of Pakistan and the international community to share the responsibility for their protection.
• United Nations- It called the decision a ‘human rights catastrophe’ which will put the refugees who fled persecution in neighbouring Afghanistan at grave risk.
• Rights group- They have urged Pakistan to stop the crackdown against, and harassment of, Afghan refugees across the country in keeping with international legal obligations.

What is the significance of RTI Act 2005?

• Informed citizenry- The right of a citizen to question the government on its various policies and measures forms the very essence of a democracy.
• Accountability- Having access to the information regarding the affairs of the government will hold the government accountable for its actions.
• Good governance- RTI is an index to measure the growth and development of a country, it will empower citizens and expose corruptions.
• Public participation- Information regarding the government affairs ensures the active participation of a citizen in the working of the democracy at all times.
• Transparency- The act creates a culture of openness that fosters public trust and confidence.
• Fundamental right- Supreme Court also held that the right of the citizens to know, and to receive information regarding matters of public concern is a fundamental right flowing from Article 19(1)(a).

What about Information Commissions?

What are the concerns in the Information Commission?

• Understaffed- The appellate bodies for RTI requests are functioning without a Chief Commissioner or with insufficient staff.
• Huge pendency- As of 2022, around 3, 15,000 complaints are pending under RTI Act in India.
• Ban on personal information- Pendency and understaffed commissions would hamper the accountability of public officials and the access to social welfare schemes.
• Dependency- The power of the Union government to decide the tenure and salary of commissioners, affect their independence.
• Lack of political will- Political unwillingness in appointing the Information Commission authorities lead to the poor implementation of RTI Act 2005.

Supreme Court has cautioned the government that the Right to Information (RTI) Act, 2005 would be reduced to a dead letter if Information Commissions are not staffed.

Recently, the draft Broadcasting Services (Regulation) Bill, 2023 was released by the Ministry of Information & Broadcasting.

What are the key features of Broadcasting Services (Regulation) Bill 2023?

• Aim- To bring a consolidated legal framework for the broadcasting sector.
• Modernization-The Bill seeks to replace Cable Television Networks (Regulation) Act, 1995 and other policy guidelines governing the broadcasting sector.
• Extension- It extends the regulatory purview to the OTT content, digital news and current affairs which are currently regulated through Information Technology Act, 2000.
• Regulation- The bill provides regulatory provisions for various broadcasting services under a single legislative framework.
• Adaptability- The bill adapts to the dynamic world of OTT, Digital Media, DTH, IPTV, and more, promoting technological advancement and service evolution.
• Comprehensive - It provides definitions for contemporary broadcasting and other important technical terms for the first time.
• Differentiated approach- It allows for a differentiated approach to Programme and Advertisement Code across various services and requires self-classification by broadcasters and robust access control measures for restricted content.
• Inclusivity- It aims to make broadcasting more inclusive and accessible to people with disabilities through the use of subtitles, audio descriptors, and sign language.
• It also has a provision for Disability Grievance Officer.
• Accessibility- It has provisions for infrastructure sharing among broadcasting network operators and carriage of platform services.
• The Bill streamlines the ‘Right of Way’ section to address relocation and alterations more efficiently
• Institutional support-

• Dispute Resolution Mechanism- The bill established a structured mechanism for dispute resolution.
• Penalty- It provides statutory penalties for operators and broadcasters, such as advisory, warning, censure, or monetary penalties.

What are the concerns of the bill?

• Affects autonomy- The regulation could affect the autonomy, as OTT platforms work on a "pull model" where consumers choose the content.
• Impact on content innovation-The stringent and subjective codes could lead to content censorship and affect the audience experience.
• Over regulations- The bill extends the regulatory purview to OTT platforms which are regulated under IT Act.
• Pricing regime- As OTT contents are regulated under the bill, the government may bring the pricing regime for OTT content as it has done for television channels.