As a result of the events that occurred on August 15, 2021 in Afghanistan, the Government of our country, in the words of Marcelo Ebrad, Mexican Foreign Secretary, indicated that it would accept refugee requests from any citizen of the Afghan country who wished to receive asylum in Mexico. In this way, our country joins the list of countries that have offered their support to receive political refugees derived from the war against the Taliban. But what does this offer on the part of the Mexican authority imply?
A little history
Although the history of the war in the Afghan country begins before the rise of the Taliban and the entry of the United States into the dispute, we can point the coming to power of the extremist group as the main event that generated the current exodus of Afghans.
In 1996, the radical group calling itself the Taliban ("the studied" in Pashto) captured the country’s capital, establishing a government guided by an extremist interpretation of Islamic law, Sharia. This law is characterized by imposing behaviors and prohibiting others; For example, during its short tenure, this extremist government introduced laws that required men to pray in mosques, grow long beards, and wear a cap or turban. He also prohibited parties other than those marked by religion and any expression against his government.
However, the treatment of women was what caused the most international rejection against the regime, as they were forced them to leave their homes only if they were accompanied by a close male relative, they were forbidden to study and finally the use of the burka was imposed on them. which is the traditional veil that completely covers the woman. All this under the premise of hiding the daily life of the woman in order to ensure her chastity and purity at all costs.
All this series of behaviors generated a constant lack of basic human rights, opening a space for more extremist groups to emerge and spread their ideologies to the rest of the world. This is where the role of the United States in the war conflict comes in.
The American responsibility
After years of funding the Islamic Mujahideen resistance - the main opponents of the Taliban - the United States was attacked by the terrorist group Al-Qaeda in the famous attack on September 11, 2001 in which two planes hit the twin towers in the World Trade Center, an act that caused the US government to send troops to Afghanistan to fight terrorism. The US military force managed to contain the Taliban government, ousting it from power and achieving a certain peace for citizens who were against the extremist regime.
Over the course of 20 years, the American occupation lost less meaning in the eyes of citizens around the world and the deaths of at least 2,448 American service members, 3,846 American military contractors, and millions of dollars used to fund troop transfers, war resources and financing the reconstruction of the Afghan country also made it meaningless to continue participating in an armed conflict outside the country.
The conversation about withdrawing US troops from Afghanistan began with the Barack Obama administration, who confirmed that he planned to leave only 9,800 US troops in Afghanistan; However, it was during the Donald Trump administration that an agreement was signed with the Taliban forces in which the latter pledged not to attack US troops while they were withdrawing, an agreement that was respected by the current government of Joe Biden and which began the final stage of the return home last May 2021.
As a result, the Afghan military force, which was initially considered to be able to resist the Taliban attack, lost ground until the Taliban army took possession of Kabul, the country’s capital, ending the war with a new Taliban victory which its said that will restore the regime based on Sharia principles.
Refugees: when you should flee your country
After the victory, important figures of the Taliban movement have declared their intention to establish the regime of the Islamic Emirate, seeking a peaceful and safe transition for all the citizens, respecting the rights of women within the norms of the Sharia. This expression, as well as the changes that have occurred in other lands previously won by the Taliban, provoke distrust in the population.
Sher Jan Ahmadzai, Director of the Center for Afghanistan Studies at the University of Nebraska in the United States, wrote an article in July this year pointing out the extremist ideas still held in the extreme Islamic ideology and noted that in some regions they called on families to marry one girl per family to Taliban army fighters, prohibited women from going out without the company of a male relative and ordered men to grow beards and pray in mosques.
The looming outcome is disheartening for Afghans, especially Afghan women and girls who will have to lose the rights they had regained during the 20 years of US occupation. All of these circumstances led to a massive flight of families seeking to escape the country before it is too late.
The role of Mexico and refugee-receiving countries
Although there is no obligation for our country - or any other - to accept these people within its borders, the moral basis that motivates us as human beings to accept receiving refugees could have a great influence on the process of accepting or not accepting them. However, these moral bases are not sufficient to carry out the asylum processes. It is necessary to attend to certain national laws created for these cases.
The foregoing is based on the 11th article of the Mexican Constitution, which provides that everyone has the right to seek and receive asylum. The recognition of refugee status and the granting of political asylum will be carried out in accordance with international treaties. Understanding that, for a person to be recognized as a refugee, they must have been forced to leave their country for violence or gender reasons.
For an Afghan citizen to aspire to be considered a refugee in Mexico, they must arrive in Mexican territory and request registration. In case of not being able, you can appeal through diplomatic channels, that is, requesting political asylum to the Mexican Government from Iran.
The devastating numbers
It is estimated that almost 500,000 people have been displaced within Afghanistan since the beginning of the armed conflict and at least 250,000 of them began their displacement in May 2021, seeking a way out of its borders. Of the latter, 80% are women and girls.
The unfortunate situation caused its neighboring country, Iran, to be forced to temporarily close its borders as it was unable to attend to the flow of migrants arriving at its doors. In this way, Iran and Pakistan concentrate 90% of the refugees who have managed to escape from Afghanistan.
How can I apply for asylum in Mexico?
If you wish to apply for refugee protection in our country, you can initiate your asylum application for free and with confidentially.
Below we offer you detailed information about the procedure to become a refugee in Mexico:
Step 1: Submit application
You can request refugee status at the Mexican Commission for Refugee Assistance (COMAR) in Mexico City, Acayucan (Veracruz), Tenosique (Tabasco) or Tapachula (Chiapas), or at the Immigration Regulation Offices of the National Migration Institute (INM) in the rest of the country. Within a period of 30 business days after your entry to Mexico.
If you have more than 30 days in Mexico, approach the authority and explain the reasons why it was not possible for you to present yourself earlier.
The COMAR will ask you to fill out a form explaining why you left your country. If your family accompanies you, do not forget to include them in your request; if they are in the country of origin you must indicate it.
When submitting the application, it must be accepted by the COMAR, who issues a certificate, proof that you have started the procedure.
By requesting protection as a refugee, you have the right to not be returned to your country. With your proof, you can also ask the INM for your visitor’s card for humanitarian reasons, which allows you to work during the process.
You can also contact COMAR from an immigration station and make your request from that place. Ask to be contacted by COMAR.
You have the right to have a lawyer during the entire procedure.
Step 2: Interview
COMAR interviews you to find out the reasons why you left your country. Also, you must state the reasons why you do not want or can return. It is important to give as many details as possible.
If you have any document or information related to your case, you must provide it, but it is important that you know that you do not need proof of what happened in your country
The interview must be conducted individually. You can also choose whether to be interviewed by a man or a woman. Also, if you don’t speak Spanish, you have the right to an interpreter or translator during the process.
Step 3: Request response
COMAR studies your case and will give you the result up to 55 business days (Monday through Friday, not counting weekends and holidays in Mexico) after the date marked on your record. They have 45 business days to make a decision, plus 10 days to inform you of the result. In some cases, COMAR may extend the term for another 45 business days.
Step 4: What to do after receiving the reply
If it is positive: in coordination with COMAR you will have to go to the National Migration Institute (INM) to process your permanent residence in Mexico as a refugee
All your relatives included in the application will be recognized as refugees.
If it is negative: you have the right to file an appeal within 15 business days (Monday through Friday, excluding holidays in Mexico) following notification. Later, COMAR will review your case a second time. This can take up to 90 calendar days (Monday through Sunday). If you do not have a free lawyer, you can go to any office of the Federal Institute of Public Defense. If COMAR denies your case a second time, you have the right to receive support from a lawyer to continue your appeal before a judge.
If you do not want a second review of your case, you could return to your country.
Take into account that during the refugee status recognition procedure you must
Stay in the state where you applied. If you want to move to a different state, you must request authorization from COMAR. Take into account that, if you move without COMAR authorization, your case is considered abandoned.
Go weekly to the COMAR or INM offices where you submitted your application to sign a proof that you remain in the state.
Attend all interviews that are requested by COMAR.
We also invite you to find more information on the official page of the UN Refugee Agency where you can find information to request asylum in Mexico: https://help.unhcr.org/mexico/
If you want to know more about this and other issues of political and legal events in the world, subscribe to our monthly newsletter and follow us on our social media: Defend Abogados Facebook, Instagram, YouTube, LinkedIn.
Let us know what other topics interest you!
Send us an email to hola@defendabogados.com or leave us your information in our contact form at the bottom of this blog.
SOURCES:
Animal Político, primeros cambios para las mujeres en Kabul
The Conversation, los talibanes no han cambiado
BBC ¿Cuánto ha gastado EUA en la guerra en Afganistán?
Cronología del conflicto en Afganistán
BBC News ¿Sirvió de algo la guerra más costosa de la historia?
Compilación de tratados Internacionales en función del asilo, México
Committed to:
©2021 Defend® Abogados. All rights reserved.
Web Design and Development by: Genotipo®
Español
