Paving pathways for refugee inclusion: Pakistan case study
Country context
Pakistan is a lower-middle-income country with a population of over 235 million (World Bank, 2021). It faces challenges, including an oversaturated education system and an out-of-school rate of 44% – the second-highest rate globally (UNICEF Pakistan, n.d.). Regional political instability and conflict have generated high levels of forced displacement, alongside internal displacement spurred by deteriorating climatic, security, and economic conditions. In 2022, an estimated 3.7 million Afghans were living in Pakistan, half of whom are under 18 years old (GoP & UNHCR, 2022).
In September 2023, the Government of Pakistan issued a directive ordering all Afghans without documentation – an estimated 1.7 million individuals – to leave the country before November 1, 2023, or face deportation (Asia Displacement Solutions Platform, 2023[LC1] ). As research for this project was completed prior to the announcement of the order, the statistics and findings presented in this study do not reflect this decision or its impact on the Afghan refugee population.
Policy and data overview
Pakistan has not ratified the 1951 Refugee Convention or its 1967 Protocol, nor has it adopted national refugee legislation. Refugees are treated as provided by the Foreigners Act (1946). While the national response is primarily based on support for voluntary repatriation, the government has committed to strengthening access to social services, including health care and education (UNHCR, 2022b).
Policy pathway for refugee education in Pakistan
While refugees are granted access to education in Pakistan, limited data is available to monitor their progression, and options for local integration are restricted.
In 2006, the government and UNHCR conducted a joint biometric campaign to issue cost-free Proof of Registration (PoR) biometric cards issued by the National Database and Registration Authority (NADRA) (GoP and UNHCR, 2022). Cards were renewed in 2010–2012 and 2014–2015, with validity extended until 2020. In 2022, a Documentation Renewal and Information Verification Exercise (DRIVE) was conducted to issue new PoR cards, valid until 30 June 2023, to former cardholders (UNHCR, n.d.b). Children of PoR cardholders may receive their own at the age of 5 (UNHCR, n.d.c). PoR holders enjoy the right to remain in Pakistan, freedom of movement, and exemption from Foreigners Act regulations. Under the National Action Plan (2014), Afghans entering Pakistan must follow regular visa regulations, and may seek asylum with UNHCR upon arrival (UNHCR, 2022b). In 2017, 840,000 Afghans received an Afghan Citizen Card (ACC), which regularized their stay but provided less protection than the PoR (EUAA, 2022). Afghans without a PoR or ACC are undocumented.
Access to early childhood, primary and secondary education
The Constitution of Pakistan (2010) guarantees free and compulsory education for all children between the ages of 5 and 16, to be provided by provincial authorities. Afghan refugees may enrol in school upon presenting a valid birth certificate or a PoR or ACC card (Hervé, 2018). Provincial laws reaffirm the universal right to education, including the Free Compulsory Primary and Secondary Education Act (2017) in KP, the Compulsory Education Act (2014) in Balochistan, and the Free and Compulsory Education Act (2014) in Punjab. Provincial ESPs, including the KP ESP 2020/21 – 2024/25 and the Balochistan ESP 2020-2025, have included measures to improve access to education for refugees.
Safe learning environment
The Pakistan School Safety Framework (PSSF), developed in 2017 by the National Disaster Management Authority (NDMA) with support from UNICEF, provides for the implementation of a School Safety Plan and establishes guidelines for the MoE to incorporate safety and DRR measures in schools, including through safety sensitization and trainings. KP and Balochistan’s ESPs include measures to improve WASH facilities, although no refugee-specific provisions are included.
Quality learning conditions
KP and Balochistan’s ESPs both establish plans for the phased implementation of the Minimum National Standards for Quality Education (2016), which include measures related to teacher training, facilities, examinations, and textbooks. In Balochistan, the ESP included the provision of textbooks in Pashto and Dari in its strategy. KP provides for the implementation of the Single National Curriculum to improve education quality, including in refugee schools.
Access to transitions
The Federal Board of Intermediate and Secondary Education (FBISE) regulates two exams for learners in Pakistan: the Secondary School Certificate (SSC) in Grade 10 and the Higher Secondary School Certificate (HSSC) in Grade 12. Students must pay fees to sit SSC exams (FBISE, n.d.). Afghan refugees may sit for the SSC and progress to higher secondary education upon receiving a passing grade (provided they met the documentation requirements for enrolment).
Certification of learning
The 18th Amendment of the Constitution (Art. 25) guarantees education provision to refugees, thereby ensuring access to exams. As such, Afghan refugees can sit the HSSC at the end of Grade 12 upon paying fees, and obtain certification of learning upon receiving a passing grade.
Access to technical, vocational and tertiary education
Tertiary education is regulated by the Higher Education Commission (HEC). The HEC Vision 2025 aims to increase tertiary enrolment, including for disadvantaged students and girls. The KP Universities Act (2012) provides that education shall be 'open to all' and grants institutions autonomy in admissions. Similar provisions are made under the Balochistan Universities Act (2022). Public sector universities have allocated quotas for refugees (UNHCR, 2021). However, refugees are required to present a valid ID and visa to enrol in higher education, which in practice hinders access. HEC provides scholarships for Afghan refugees, including the Afghanistan Scholarship Programme (ASP) at Lahore University of Management Sciences (LUMS)-Lahore and the Allama Muhammad Iqbal Scholarships for Afghan Nationals, with recipients selected jointly by HEC and the Embassy of Pakistan in Kabul (HEC, 2017; ibid., 2020). Afghans may also apply for Scholarships for Nationals of Least Developed Countries of OIC (HEC, 2021). UNHCR provides DAFI scholarships to refugees in Pakistan.
Per the Foreigners Act of 1946, undocumented refugees may not work. Likewise, PoR holders do not have the right to work in Pakistan (EUAA, 2022). Thus, 2.8 million Afghans do not have access to the formal labour market and are confined to work primarily in the informal sector. Access to legal status beyond the PoR is limited for most Afghans.
Trajectory of inclusion of refugees in policy and data
Pakistan has followed a positive trajectory for the inclusion of refugees in education policy. Progress on data is less clear: while KP and Balochistan provide for further refugee data inclusion in EMIS, initiatives at the national level remain limited. Enablers and barriers to further policy and data reform are outlined below.
Enabling and Constraining Factors
In Khyber Pakhtunkhwa and Balochistan, political will has enabled inclusion of refugees in ESPs and paved the way towards greater inclusion in data systems.
Collaboration with UNHCR and other data partners has helped advance progress towards refugee inclusion in data systems.
Insufficient access to documentation hinders full inclusion. Undocumented refugees are not reflected in national data systems and are unable to access higher education.
A lack of resources and capacity for national and provincial EMIS impedes data collection, processing, and dissemination processes.
Recommendations
- Establish systematic exchanges of information between central and local levels to favour multilevel learning. Provincial policies and practices, such as KP’s integration of disaggregated refugee data in its ASC, can help inform federal policy-making for the inclusion of refugees in education policy and data systems.
- Integrate variables on refugee educational attainment and school safety in national EMIS to improve evidence-based interventions.
- Direct funding and capacity-building efforts towards enhanced data collection and dissemination efforts.
- Systematize collaboration with the Government of Pakistan in conducting reviews of refugee populations’ needs. UNHCR should support the expansion and systematization of DRIVE going forward.
