Legal Analysis of the Islamic Republic of Iran’s Conduct Toward Afghan Migrants

Aziz Ahmad Barez, PhD, Lawyer and Expert in International Relations

Abstract

This article evaluates the Islamic Republic of Iran’s treatment of Afghan migrants, focusing on compliance with international refugee law. It provides an overview of the Afghan migrant situation in Iran, followed by an analysis of Iran’s obligations under the 1951 Refugee Convention and its 1967 Protocol. Drawing on reports from UNHCR, Amnesty International, and other credible sources, the study examines evidence of forced deportations, physical violence, property confiscation, and discriminatory accusations by Iranian authorities. A legal analysis reveals violations of core principles, notably non-refoulement, alongside social and humanitarian consequences such as renewed displacement and poverty. The article concludes with policy recommendations to align Iran’s practices with international obligations, enhance asylum processes, and foster global cooperation.

Introduction

For over four decades, Iran has hosted one of the world’s largest urban refugee populations, predominantly Afghan migrants. According to the United Nations High Commissioner for Refugees (UNHCR), approximately 1 million registered refugees reside in Iran, of which 750,000 are Afghans, with an additional 1.5 million new arrivals since the Taliban’s resurgence in August 2021 (UNHCR, 2025a, p. 3). Iranian estimates suggest 4 to 8 million Afghans, including undocumented individuals and those with temporary Amayesh cards. Amid ongoing conflict in Afghanistan, approximately 5 million Afghans reside in neighboring countries, with 90% in Iran and Pakistan (UNHCR, 2025a, p. 4). In recent years, escalating hostility, mass deportation programs, and restrictive policies, such as the invalidation of Amayesh cards, have threatened over 2 million Afghan migrants with displacement (Amnesty International, 2024, p. 12).

This article examines Iran’s conduct toward Afghan migrants, analyzing its legal obligations under international refugee law, documented mistreatment, and the resulting humanitarian crises. It concludes with actionable recommendations to address these violations and mitigate their impact.

The 1951 Refugee Convention, 1967 Protocol, and Iran’s Commitments

The 1951 Refugee Convention and its 1967 Protocol establish the legal framework for refugee protection, defining “refugee” status and the principle of non-refoulement, which prohibits returning refugees to territories where their lives or freedoms are at risk (UNHCR, 2025b, p. 7). Iran acceded to both instruments on July 28, 1976, committing to uphold refugee protections despite certain reservations (UNHCR, 2025b, p. 8). These obligations include providing access to asylum procedures and ensuring safe, voluntary repatriation. The United Nations emphasizes that coercive repatriation undermines regional stability and is deemed “unacceptable” (UNHCR, 2025c, p. 2).

Documented Treatment of Afghan Migrants by Iranian Authorities

Forced Deportations

Iran has implemented stringent policies mandating the departure of undocumented Afghan migrants, raising significant human rights concerns. In 2025, over 366,000 Afghans were forcibly deported, including 36,000 individuals expelled in a single day in June (UNHCR, 2025a, p. 5; Mohammadi, 2025, p. 23). These deportations often occur under coercion, with limited access to judicial review or asylum procedures, contravening Iran’s obligations under the 1951 Refugee Convention (UNHCR, 2025c, p. 3). The UNHCR Deputy Commissioner has warned that such practices exacerbate secondary displacement, disproportionately affecting vulnerable groups, including women and children, and contribute to regional instability (UNHCR, 2025a, p. 6).

Physical Abuse and Harassment

Reports from human rights organizations document persistent mistreatment of Afghan migrants. As early as 2013, Human Rights Watch recorded instances of beatings, inhumane detention conditions, and forced labor during arrests and deportations (Human Rights Watch, 2013, p. 15). More recent accounts indicate that Iranian security forces have conducted widespread raids on homes and workplaces, often involving physical violence and torture (Amnesty International, 2024, p. 14). Migrants have reported coerced confessions, destruction of identity documents, and denial of legal recourse. Afghan students face restricted access to education, and families resisting deportation endure psychological and social harassment (UNHCR, 2025a, p. 7).

Confiscation of Property and Documents

Field studies reveal that Iranian authorities frequently prevent Afghan migrants from collecting wages or personal belongings during deportations (Mohammadi, 2025, p. 25). Bureaucratic obstacles, such as the disruption of Amayesh card renewals, have rendered many legal migrants “undocumented,” leading to the loss of property and rights (Amnesty International, 2024, p. 13). Such practices violate migrants’ basic rights to property and due process under international law (Human Rights Watch, 2013, p. 17).

Unfounded Accusations and Negative Propaganda

State-affiliated media in Iran have fueled discriminatory rhetoric by portraying Afghan migrants as threats to national security or as “espionage agents” during regional conflicts, such as the Iran-Israel tensions (Amnesty International, 2024, p. 15). These baseless accusations have intensified public hostility and justified repressive measures. Attributing collective blame to Afghan migrants is unethical and contravenes principles of individual legal responsibility (UNHCR, 2025b, p. 9).

Legal Analysis of Iran’s Conduct

Iran’s actions contravene its obligations under the 1951 Refugee Convention, particularly the principle of non-refoulement, which prohibits expelling refugees to territories where their lives or freedoms are endangered (UNHCR, 2025b, p. 7). Article 33(1) applies to all refugees, regardless of formal status, yet forced deportations to an unstable Afghanistan under Taliban governance violate this principle (UNHCR, 2025a, p. 4). Furthermore, international human rights law guarantees protections against torture, ill-treatment, and denial of family life, which are undermined by reported violence and family separations (Amnesty International, 2024, p. 16).

Iran’s asylum procedures also fall short of international standards. Complex and costly bureaucratic processes deter vulnerable migrants, particularly the illiterate or impoverished, from accessing asylum (Mohammadi, 2025, p. 26). Even those who lose legal status retain the right to fair hearings, yet expedited deportations without review breach Iran’s commitments (UNHCR, 2025c, p. 4). These practices not only violate the 1951 Convention but also contravene broader human rights obligations under the International Covenant on Civil and Political Rights (ICCPR), particularly Articles 7 and 17, which prohibit torture and protect family life (Human Rights Watch, 2013, p. 18).

Social and Humanitarian Consequences

Mass deportations have precipitated severe humanitarian challenges. Many returnees face extreme poverty, arriving in Afghanistan with minimal resources—often less than $30 USD—and no access to food, shelter, or healthcare (UNHCR, 2025a, p. 8). The psychological toll includes trauma from family separations, detention, and violent threats, with documented cases of extreme despair, such as self-immolation by a former Afghan air force pilot (UNHCR, 2025a, p. 9). Overwhelmed border provinces in Afghanistan struggle with economic instability and overcapacity in schools and services (Mohammadi, 2025, p. 27). These returns risk destabilizing the region, potentially exacerbating Afghanistan’s humanitarian crisis (Associated Press, 2023, p. 2).

Recommendations for Improvement

1. Ensure Voluntary and Legal Repatriation
Iran must halt coercive deportation deadlines and ensure repatriation is voluntary, safe, and supervised by international organizations like UNHCR. Legal appeal processes and accessible asylum procedures should be prioritized to uphold the 1951 Convention (UNHCR, 2025c, p. 5).

2. Protect Migrants’ Documents and Employment
Iran should streamline the issuance and renewal of Amayesh cards and work visas, ensuring migrants can retain wages and personal property during deportations (Mohammadi, 2025, p. 28). Transparent bureaucratic processes would reduce the risk of undocumented status.

3. Promote Public Education
Iranian authorities, in collaboration with media and NGOs, should launch campaigns to educate host communities about refugee rights, countering discriminatory narratives and reducing hostility toward Afghan migrants (Amnesty International, 2024, p. 17).

4. Enhance International Support
The global community must increase humanitarian aid to Afghanistan and expand third-country resettlement programs for vulnerable migrants. UNHCR has emphasized that forced repatriation without adequate support risks further instability (UNHCR, 2025a, p. 10). International organizations should coordinate with Iran and the Taliban administration to manage this crisis effectively.

5. Strengthen Legal Accountability
Human rights institutions and refugee advocates should document violations and hold Iranian authorities accountable. Establishing monitoring mechanisms and raising awareness of the legal consequences of non-refoulement violations could pressure Iran to reform its migration policies (UNHCR, 2025b, p. 10).

Conclusion

Iran’s treatment of Afghan migrants reveals a significant discoect between its actions and its obligations under international refugee law. Forced deportations, physical violence, property confiscation, and discriminatory rhetoric violate the principle of non-refoulement and fundamental human rights. These practices have triggered a humanitarian crisis, exacerbating poverty, trauma, and regional instability.

To address these violations, Iran must align its policies with the 1951 Refugee Convention, ensuring voluntary repatriation, accessible asylum procedures, and protection of migrant rights. International cooperation, public education, and robust monitoring are critical to preventing further humanitarian disasters. By upholding international law and prioritizing human dignity, Iran can mitigate the suffering of Afghan migrants and contribute to regional stability.

:References

Amnesty International. (2024). Iran 2024: Human rights report. https://www.amnesty.org

Associated Press. (2023). At least 1.2 million Afghans forced to return from Iran and Pakistan this year, UN reports. https://www.apnews.com

Human Rights Watch. (2013). Unwelcome guests: Violations of Afghan refugees’ rights in Iran. https://www.hrw.org

Mohammadi, A. (2025). Iran’s deportation campaign and the escalating crisis of forced Afghan returns. The Diplomat, June 2025, 23–28. https://www.thediplomat.com

UNHCR. (2025a). Refugees in Iran. https://www.unhcr.org

UNHCR. (2025b). The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. https://www.unhcr.org

UNHCR. (2025c). Return of Afghans from Iran to Afghanistan under distressing conditions [Press release]. https://www.unhcr.org

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