Removal v. Refuge: Pakistan's Obligations Towards Afghan Children Outside the Refugee Convention

On 28 June 2026, Pakistan’s Interior Ministry directed the detention and deportation of Afghan nationals without valid documentation from 10 July. Pakistan is not a party to the 1951 Refugee Convention, and many affected children hold no recognised status. This paper argues that Pakistan nonetheless remains bound by the Convention on the Rights of the Child and by the principle of non-refoulement, and that these require an individual best-interests assessment before any child is removed. Drawing on treaty texts, Pakistani court decisions, and UN and NGO reporting, it examines two groups: children born in Pakistan to Afghan parents, whose claims under Section 4 of the Citizenship Act 1951 are unsettled across the High Courts, and unaccompanied or separated children, for whom the available reporting raises concerns that removals proceed without a documented assessment. It addresses counterarguments based on sovereignty, security and burden-sharing, and proposes a minimum procedure for removals involving children.