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Monday, July 28, 2008

Durand Line

The Durand Line is the term for the poorly marked 2,640 kilometer (1,610 mile) border between Afghanistan and Pakistan.

After reaching a virtual stalemate in two wars against the Afghans (see Great Game, First Anglo-Afghan War and European influence in Afghanistan), the British forced Amir Abdur Rahman Khan of Afghanistan in 1893 to come to an agreement under duress to demarcate the border between Afghanistan and what was then British India (now North-West Frontier Province (N.W.F.P.), Federally Administered Tribal Areas (F.A.T.A.) and Balochistan provinces of Pakistan).
The Durand Line is named after Sir Mortimer Durand, the foreign secretary of the British Indian government, and the treaty also granted the Amir of Afghanistan (Abdur Rahman Khan) an annual salary from Britain along with shipments of weaponry. One of the two representatives of the Government of Afghanistan was the Ahmadi Sahibzada Abdul Latif of Khost.
The Durand Line is sometimes referred to as the "Zero Line". Excluding the desert portion southwest of 66 degrees 15 minutes east longitude, 84% of the line follows clear physical features (rivers or watershed divides). The precise route of the remaining 16% straight line segments is also demarcated from the 1894-95 demarcation reports and subsequent mapping such as the detailed (1:50,000 scale) Russian maps of the 1980s.

Territorial Dispute

Afghanistan's loya jirga of 1949 declared the Durand Line invalid as they saw it as ex parte on their side (since British India ceased to exist in 1947 with the independence of Pakistan). This had no tangible effect as there has never been a move to enforce such a declaration due to long periods of constant wars with other neighbors in the region. And most importantly, there was no time limit mentioned in the Durand Treaty. Additionally, world courts have universally upheld uti possidetis juris, i.e, binding bilateral agreements with or between colonial powers are "passed down" to successor independent states, as with most of Africa. A unilateral declaration by one party has no effect; boundary changes must be made bilaterally. Thus, the Durand Line boundary remains in effect today as the international boundary between Afghanistan and Pakistan, and is recognized as such by most nations. Despite pervasive internet rumors to the contrary, US Department of State and the British Foreign Commonwealth Office documents and spokespersons have confirmed that the Durand Line, like virtually all international boundaries, has no expiration date, nor is there any mention of such in any Durand Line documents. The 1921 treaty expiration refers only to the 1921 agreements.
Because the Durand Line artificially divides the Pashtun people, it continues to be a source of tension between the governments of Afghanistan and Pakistan. Frequent press statements from 2005 to 2007 by Pakistan's President Pervez Musharraf calling for the building of a fence delineating the Afghanistan/Pakistan border have been met with resistance from numerous political parties within both countries. Leaders of Pashtuns on both sides of the border do not recognize the Durand Line.


Text of the Durand Line Agreement

Agreement between Amir Abdur Rahman Khan, G. C. S. I., and Sir Henry Mortimer Durand, K. C. I. E., C. S. I.Whereas certain questions have arisen regarding the frontier of Afghanistan on the side of India, and whereas both His Highness the Amir and the Government of India are desirous of settling these questions by friendly understanding, and of fixing the limit of their respective spheres of influence, so that for the future there may be no difference of opinion on the subject between the allied Governments, it is hereby agreed as follows:1. The eastern and southern frontier of his Highness’s dominions, from Wakhan to the Persian border, shall follow the line shown in the map attached to this agreement.2. The Government of India will at no time exercise interference in the territories lying beyond this line on the side of Afghanistan, and His Highness the Amir will at no time exercise interference in the territories lying beyond this line on the side of India.3. The British Government thus agrees to His Highness the Amir retaining Asmar and the valley above it, as far as Chanak. His Highness agrees, on the other hand, that he will at no time exercise interference in Swat, Bajaur, or Chitral, including the Arnawai or Bashgal valley. The British Government also agrees to leave to His Highness the Birmal tract as shown in the detailed map already given to his Highness, who relinquishes his claim to the rest of the Waziri country and Dawar. His Highness also relinquishes his claim to Chageh.4. The frontier line will hereafter be laid down in detail and demarcated, wherever this may be practicable and desirable, by joint British and Afghan commissioners, whose object will be to arrive by mutual understanding at a boundary which shall adhere with the greatest possible exactness to the line shown in the map attached to this agreement, having due regard to the existing local rights of villages adjoining the frontier.5. With reference to the question of Chaman, the Amir withdraws his objection to the new British cantonment and concedes to the British Governmeni the rights purchased by him in the Sirkai Tilerai water. At this part of the frontier the line will be drawn as follows:
From the crest of the Khwaja Amran range near the Psha Kotal, which remains in British territory, the line will run in such a direction as to leave Murgha Chaman and the Sharobo spring to Afghanistan, and to pass half-way between the New Chaman Fort and the Afghan outpost known locally as Lashkar Dand. The line will then pass half-way between the railway station and the hill known as the Mian Baldak, and, turning south-wards, will rejoin the Khwaja Amran range, leaving the Gwasha Post in British territory, and the road to Shorawak to the west and south of Gwasha in Afghanistan. The British Government will not exercise any interference within half a mile of the road.6. The above articles of' agreement are regarded by the Government of India and His Highness the Amir of Afghanistan as a full and satisfactory settlement of all the principal differences of opinion which have arisen between them in regard to the frontier; and both the Government of India and His Highness the Amir undertake that any differences of detail, such as those which will have to be considered hereafter by the officers appointed to demarcate the boundary line, shall be settled in a friendly spirit, so as to remove for the future as far as possible all causes of doubt and misunderstanding between the two Governments.7. Being fully satisfied of His Highness’s goodwill to the British Government, and wishing to see Afghanistan independent and strong, the Government of India will raise no objection to the purchase and import by His Highness of munitions of war, and they will themselves grant him some help in this respect. Further, in order to mark their sense of the friendly spirit in which His Highness the Amir has entered into these negotiations, the Government of India undertake to increase by the sum of six lakhs of rupees a year the subsidy of twelve lakhs now granted to His Highness.



Amir Abdur Rahman Khan.Kabul, November 12, 1893.


By: Feroz Nikzad

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