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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> RG (Risk Return, Sikh) Afghanistan CG [2002] UKIAT 02130 (24 June 2002) URL: https://www.bailii.org/uk/cases/UKIAT/2002/02130.html Cite as: [2002] UKIAT 02130, [2002] UKIAT 2130 |
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RG (Risk – Return - Sikh) Afghanistan CG [2002] UKIAT 02130
HX/41461/2001
Date of hearing: 21 May 2002
Date Determination notified: 24 June 2002
RG | APPELLANT |
and | |
Secretary of State for the Home Department | RESPONDENT |
"The country's small Sikh and Hindu communities, once totalling some 50,000, continued to dwindle as their members emigrated or became refugees in the wake of the intense religious violence to which they were subjected in some urban areas following the destruction of the Iodia Mosque in India in December 1992."
"Although the Mudareen wished us to convert religion, we could still practice our religion, but since the Taliban took control 3½ years ago, matters worsened."
Since then, he has expanded on his claim. He says that he was subject to treatment which amounted to persecution on grounds of his religion, both in December 1992 and December 1993. He has also given an account of his experiences under the Taliban, but it is right to say that he did not arrive in the United Kingdom until some time apparently shortly before 13th January 2000.
"Re: Sikhs in Afghanistan
We are in receipt of your facsimile of 21 May in which you request information on the return of unsuccessful asylum applicants of the Sikh minority in Afghanistan.
At the outset, it should be stated that UNHCR advocates a case-by-case approach to asylum applications and to questions of return, with due weight being given to the individuals merits of each case.
UNHCR is closely observing the developments in Afghanistan. The situation remains complex and several factors need to be taken into account in assessing the safety of returns. As Afghanistan, after so many decades of conflict, takes its first steps towards peace under the interim government, the security situation remains unstable and it is not readily apparent whether the international community along with international organisations are able to satisfactorily guarantee the protection of those returning to Afghanistan. Nor is it certain, the extent to which tribal affiliations and ethnic affinities that have been a prime cause for discord in Afghanistan, will impact upon issues of return. In light of the situation on the ground, UNHCR takes the view that there should be no enforced returns to Afghanistan at the present time. It is our understanding at this stage that the Home Office holds the same view.
We hope that you find this of assistance."
"Afghanistan's Interior Minister designate Younus Qanooni in the post-Taliban interim government scheduled to assume office in Kabul on December 22 has impressed upon the displaced Sikh and Hindu community to return to their hearth and homes assuring 'equal rights to all non-Muslims'.
Mr Qanooni told a delegation of the Sikh community, which had fled to India from Kabul and other parts of Afghanistan because of the troubled and unsettled conditions in that country, that they would have proper representation of at least two members in the Loha Jirga or the Grand Council.
Mr Qanooni, who spent considerable time here yesterday with a deputation of the displaced Sikh community in the presence of the Afghanistan Ambassador to India Masood Khalili before departing for Kabul, emphasised that 'things will be put back on the rails'.
He had some good tidings for the uprooted Sikh community that the interim government in Kabul would move expeditiously in returning the property owned by them. Simultaneously, it would consider providing necessary financial assistance to them in the wake of the foreign inflow for the reconstruction of war-ravaged Afghanistan.
Aware of the industriousness of the Sikh community, Mr Qanooni said it was imperative to restart business and trade along with other industrial activity to kickstart the battered economy of Afghanistan. In this context he said the Sikh community could play the role of a catalyst and the interim administration would not be found wanting as a facilitator."
"The ouster of the Taliban already has brought signs of a more tolerant brand of Islam entering Afghan society.
Two weeks ago, a government official told Singh [that is to say a person around whom the article is based] that Sikhs, who believe in one God and reject the caste system, would have an office of their own in the Bureau of Islamic Affairs."
And later:
"In his inauguration speech, Prime Minister Hamid Karzai pledged to protect the laws of Islam, but he also backed the freedom to practice all religions in Afghanistan and supported the rights of women, who were oppressed under Taliban rule."
"Afghanistan's interim Head of Government Hamid Karzai found time to assure a group representing the Hindus and Sikhs of Kabul that they would be restored their religious and civic rights and the properties seized from them by the former Taliban regime would be returned.
The group met the Afghan leader at a reception hosted by the Afghans, one of a series of engagements on a tight nine-hour schedule here after arrival from Washington."
C M G OCKELTON
DEPUTY PRESIDENT