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Revision as of 13:06, 17 September 2006 by Lollywood (talk | contribs)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)The Durand Line is a term for the poorly marked 2,640 kilometer (1,610 mile) border between Afghanistan and Pakistan.
After being defeated in two wars against Afghans, the British succeeded in 1893 in imposing the Durand Line dividing Afghanistan and what was then British India (now the North-West Frontier Province, Federally Administered Tribal Areas and Balochistan areas of Pakistan). Named for Sir Mortimer Durand, the foreign secretary of the British Indian government, it was agreed upon by representatives of both Afghanistan and the British Empire, but deeply resented by the Afghan Emir Abdur Rahman Khan. One of the two representatives of the Afghan government was the Ahmadi Sahibzada Abdul Latif of Khost. The border was drawn intentionally to cut through the Afghan tribes whom the British feared and may have tried to disunite.
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. 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 and is recognized as such by nearly all nations. Despite pervasive internet rumors to the contrary, U.S. Dept. of State and the British Foreign Commonwealth Office documents and spokespersons have recently 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.)
Today, the line is often referred to as one drawn on water, symbolizing the porous border between Afghanistan and Pakistan. Nevertheless, 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 quite clearly demarcated from the 1894-95 demarcation reports and subsequent mapping, so the legal location of the line is not in doubt and is quite accurate on readily available mapping such as the detailed (1:50,000 scale) Russian maps of the 1980s.
The line has come under special attention of late, as the area has become notorious for Taliban fighters freely traveling back and forth, finding safety and shelter in the autonomous Pashtun regions of northwestern Pakistan.
The September 2005 statements by the Pakistan's President Pervez Musharraf calling for the building of a fence delineating the Afghanistan/Pakistan border have been met with opposition from Pashtuns political groups and Afghanis who view the border as illegitimate.
The Durand Line continues to be a source of tension between Afghanistan and Pakistan due to the Afghan belief that the people of the Pakistani provinces of NWFP, Balochistan and FATA want to separate from Pakistan and are the property of Afghans. This belief is viewed as good result from Pakhtuns and Baloch living in Pakistani provincies who view themselves as Afghan nationals and who view the land as afghanistan.
Durand Line / Treaty of Agreement
As long as Afghanistan refuses to accept the Durand Line as the permanent international boundary between Pakistan and Afghanistan, there is no reliable way to combat extremism and terrorism in the region.
Durand Line – the present border between Afghanistan and Pakistan – was agreed to as official boundary line between British India and Afghanistan on 12 November 1893. Sir Henry Mortimer Durand from the British side and Amir Abdul Rahman Khan from the Afghan side signed the historical document.
Pakistan and Afghanistan, as successor states, are bound to honour this agreement.
The present spread of religious intolerance and extremism in the region is, in great part, attributable to the fact that the successive and successor governments of Afghanistan have declined to accept the Durand Line as permanent boundary between the two countries. Uncertainty of the boundary rules and impermanent nature of the physical border are playing in favour of extremist elements on both sides of the dividing line.
Moreover, there was a whisper campaign a while ago that the Durand Line agreement was valid for 100 years and after that the document is legally null and void now. The original text shows that there is no time-expiry clause in the agreement.
Here is the complete text of the agreement:
Agreement between His Highness Amir Abdul Rahman Khan, G.C.E.I Amir of Afghanistan and its Dependencies, on the one part, and Sir Henry Mortimer Durand, K.C.I.E., C.S.I., Foreign Secretary to the Government of India, representing the Government of India, on the other part 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 a 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 agree as follows:
1. The eastern and southern frontier of High Highness’s dominions, from Wakhan to the Persian border, shall follow the line shown in the map attached to this agreement.
2. The British 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 High 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 Government 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 Khwaja Amran range near the Pasha 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 southwards, will rejoin the Khwaja Arman 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 good-will 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 High 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.
(Signed) H. M. Durand
(Signed) Amir Abdul Rahman Khan
Kabul, the 12 November 1893
Note: Original agreement is available in the national archive of Pakistan. This report has been produced from the copy available at the Area Study Centre, Peshawar University.
Published with permission.
One Lakh = 100000
External links
- Large Map of the Durand Line
- Text of the Treaty Creating the Durand Line
- Links collection for images of the border
- Sahibzada Abdul Latif of Khost
