Written by: Popal Sameem
Around the world, there are quite numerous frontier disputes which are challenges to the world’s current security concerns. One of those disputes is the Durand Line dispute, the frontier between Afghanistan and Pakistan. Most of the world leaders and Afghan people blame this frontier for all of Afghanistan’s current problems. On the other hand, most of Pakistan leaders and people also blame the Durand Line as the major problem for Pakistan. Durand Line is one of an international border between Afghanistan and Pakistan.
The Durand Line was established in the year 1893 between Afghanistan and British India. The Duran Agreement of 1893 made an explicit separation of the frontier between British India and Afghanistan. Furthermore, after the negotiations between King Abdur Rahman Khan and the British Foreign Secretary of India Henry Mortimer Durand the line was named the Durand Line. However, the Amir of Afghanistan, Abdur Rahman Khan started demanding of a clearly defined border with India in the late of 1880s. On the other hand, the British also wanted to make a clear border and state. At the time of Abdur Rahman Khan, allowed the British to control Afghanistan’s foreign policy, and, in return, the Amir of Afghanistan demanded a zero interference from the British in Afghanistan’s internal affairs. At that time the Amir and the British thought that a clearly defined border would be an appropriate solution for both states.
The Durand Line divided the Pashtun tribes living in the areas, as well as Baloch and other ethnic groups, who lived on both sides of the borders. The Durand Line separates Khyber Pashtunkhwa, the Federally Administered Tribal Areas, Balochistan, and Gilgit-Baltistan of northern and western Pakistan from the northeastern and southern provinces of Afghanistan. However, it is recognized as one of the most dangerous borders in the world from geopolitical and geostrategic perspectives. Although the Pakistani government recognizes, it as their western border, in Afghanistan, it has still remained unrecognized.
Since 1893 there have been numerous and endless debates on every aspect of Duran Line agreement among the politician, intellectuals, people, and media from both sides. Moreover, these controversial debates from both sides made the relationships between Afghanistan and Pakistan very difficult and worse. The Pakistani government recognizes the Durand Line as an official border with Afghanistan. On the other hand, the Afghan government refuses to recognize the Durand Line as an official border with Pakistan.
Still, there are a lot of conflicts between the two countries on the Agreement of Durand Line. No Afghan government ever accepted the Durand Line as an international border between Afghanistan and Pakistan. Furthermore, more than a century, there has been the refusal of Durand Line and the Afghan government and its people called for the reincorporation of the territory into Afghanistan. But, Pakistan always insisted that the Durand Line is recognized as an international border between Pakistan and Afghanistan.
History:
The Durand Line is one of the contentious issues in both countries Afghanistan and Pakistan. This issue emerged since the birth of Pakistan in the year 1947. Furthermore, the Durand Line was established in the Hindu Kush in 1893 between the tribal lands of Afghanistan and British India.This Line was established due to the control of their respective spheres of influence. The Durand Line dispute has roots in the nineteenth century. It was a time when Pakistan was part of India and India was under the British control. Moreover, the Durand Line is 2,640 kilometer (1,640 Mile), which is now a border between Afghanistan and Pakistan. This line was imposed by the British on the Amir of Afghanistan in 1893 because to strengthen the former control over the northern parts of India. This agreement was signed by the Indian Foreign Secretary, Mortimer Durand, and Amir Abdur Rahman Khan at that time in Kabul. The line was named Durand Line and this runs through the Pashtun people areas. At that time, the Durand Lind was served as the official border between the two nations for more than a hundred years. In addition, when the agreement of the Durand Line was signed in 1893, Pakistan was still part of India. Indian was under the colony of British. The United Kingdom ruled India from 1858 until India’s independence in 1947. In addition to that, Pakistan also became a nation in 1947.
Mortimer Durand, the Foreign Secretary of British India, persuaded the Afghanistan Amir, Abdur Rahman Khan to accept a border of demarcation between Afghanistan and British India. The Durand Line agreement was made in the return for subsidies from the British to the Afghan government at that time. In addition to that, this line had immediate impacts on Afghanistan territory and had removed a number of historical territories from Afghanistan. The most important impact of the Durand Line was the division of the Pashtun inhabitants of the region between the two states. Most of the inhabitants of those areas were the Pashtun tribes. The Pashtun people were living in a wide range of territory, from Peshawar Valley to Kabul in the east and from Kandahar and Helmand Valley to Quetta in the south. Furthermore, Pashtuns had been the dominant ethnic group in Afghanistan. However, the terms “Afghan” and “Pashtun” is used interchangeably during the 19s century. The Afghans viewed the Durand Line as an illegitimate because it divided the nation into two parts. In fact, Afghanistan had failed to establish its own political authority over most of its territory at that time and most of its territory fell under the British control.
After Afghanistan became an independent state in 1919, it accepted the Durand Line as its border with British India. However, when Pakistan was created in 1947, there were objections from the Afghan government on the line’s legitimacy. In addition to that, Afghanistan main objection was that the regions should be given back to Afghanistan or there should be an additional independent state. After the British left South Asia, the Afghans argued that the Durand Line agreement was an illegitimate agreement because the British forced the Afghan government to accept the agreement. All the regimes in Afghanistan (Monarchist, Republican, Communist, Islamist, and Democratic) have maintained the policy of rejecting to officially recognize the existing border with Pakistan. On the other hand, Pakistan has always claimed that the Durand Line position is a formal international boundary and further claims that, it is a legal border between Pakistan and Afghanistan.
The Legality of the Durand Line:
About the legality of Durand Line, there are three major arguments from the Afghan government. The first argument that is raised by Afghanistan is that the Durand Line agreement was signed with the British Indian authority, not with Pakistan. In addition to that, before Pakistan came to existence, the Afghan Prime Minister, Shah Mahmood Khan, declared that all agreements which were signed between Afghanistan and British Indian authorities in 1893 would be null and void. Furthermore, this official viewpoint of the Afghan government was announced before Pakistan officially became independent. But, Pakistan claimed that the Durand Line is a legal border between Pakistan and Afghanistan based on the (Article 11 of VCSSRT). VCSSRT refers to Vienna Convention on Succession of States In respect Of Treaties. Thus, the Pakistan government claimed that, under this agreement, the cessation of British India and birth of Pakistan as its successor in the northwestern region of the Indian subcontinent does not affect the legality of the border.
Secondly, Afghanistan has claimed that Pakistan violated the Durand Line Agreement. After Pakistani Air-force plane bombed a village in Afghanistan in 1949, at that time the Afghan government convened a “Loya Jirga” (Grand Council) and it was announced that, it recognized neither the imaginary Durand nor any similar line and that all agreements which were made in 1893 about the Durand Line were void. Furthermore, according to the government of Afghanistan, Pakistan had violated the term of the Durand Line agreement, that no side will exercise interference on the other side of the line.Pakistan, on the other hand, again is highlighting the International Law by stating that Afghanistan, in any case, could not unilaterally repudiate an executed binding agreement.In addition to that, the argument made by Pakistan rests on the presumption that the agreement of the Durand Line was executed and binding in nature.
The third argument made by Afghanistan is that the Durand Line agreement expired after 100 years in 1993. According to Afghan scholars and leaders, they argued that the Durand Line agreement signed in 1893 and expired after 100 years of being in force. Moreover, this claim is based on the narration of the Durand Line agreement. The Afghan scholars said that, after signing the agreement, it was manipulated by the British and certain terms and clauses were removed especially the clause of the expiration of the agreement. They further argue that the translated version of the Durand Line agreement which was given to the Amir was different from the one which the British declared later. According to Khalilur Rahman, the governor of the NWFP, he was interviewed by journalists in 2005; he said that the Durand Line agreement had expired after 100 years of its signing and he further said; he had already spoken with President General Pervez Musharaf to request an arrangement for its renewal. However, some Pakistani scholars and politicians said that it is a very weak reason and there is no evidence about the expiration of the Durand Line.
