Author Topic: Durand Line Agreement... Another fact from history  (Read 6428 times)

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Offline Zahida Raees Raji

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Durand Line Agreement... Another fact from history
« on: October 22, 2006, 08:35:57 AM »
Durand Line Agreement
November 12, 1893
http://www.khyber.org/pashtohistory/treaties/durandagreement.shtml

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:

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.
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.
H. M. Durand,
Amir Abdur Rahman Khan.

Kabul, November 12, 1893.
   
   
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Offline Wadareeg وداریگ

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Re: Durand Line Agreement... Another fact from history
« Reply #1 on: October 22, 2006, 05:31:27 PM »
On 1993 Pakistan had to return Pukthonistan (NWFP) Back to Afghanistan,Ghaffar khan was the first pukthon who fought for his identity and now many pukthons are already awared because of waziristan and this agreement and like Baluch they are also waiting for right time,Pakistan itself is just Punjab and sindh.

Offline Zahida Raees Raji

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Map showing Durand Line ... Another fact from history
« Reply #2 on: October 22, 2006, 08:41:02 PM »
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Re: Durand Line Agreement... Another fact from history
« Reply #3 on: October 22, 2006, 10:38:16 PM »
Sister can you give me the description and source of this map?
In 1960's many pukthons claimed that Baluchistan is the part of afghanistan and i can see its shade here in this map as well but now they understand Baluch is a different nation then Pukthons and let them live in their own territory(Baluchistan) but still they are willing to do some thing for Baluch nation as a small pukthonistan is in Baluchistan(zhob,qila saifullah,pishin,loralai) and they want that area to merge with Afghanistan as well Nwfp


Now keeping all these things we should not forget the US ARMED FORCE JOURNAL'S map.


Offline Zahida Raees Raji

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Re: Durand Line Agreement... Another fact from history
« Reply #4 on: October 24, 2006, 08:49:15 AM »
braat I got these stuf in my emails via a balochi_culture group.

So many other people asked the same question to the author/compiler of the document. He provided the following link.
I think it would be much helpful for you to understand the true situation.

http://afghanland.com/history/durrand.html




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Offline Zahida Raees Raji

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Re: Durand Line Agreement... End of Imaginary Durand Line
« Reply #5 on: October 24, 2006, 08:53:59 AM »
Ref: http://afghanland.com/history/durrand.html

End of Imaginary Durand Line
The Durand Line

Afghanland.com - The British presented a signed document with the person of King Abdul Rahman Khan in 1893 referring to the borders between Afghanistan and British India. This document was in English and the person of Abdul Rahman Khan did not understand the English language, therefore leads the suspicious nature of forgery and or false documentation. The Dari or Pashto translation of this document or agreement has never been signed by Amir Abdul Rahman Khan, suggesting that he nullified this agreement. But the following researchers have provided arguments to the contrary that this document was signed and has expired. in either scenario, the Durand line does not exist today and the agreement was nullified the day it was written..


The argument between Afghanistan and Pakistan centers on the issue of Durand Line Agreement and its validity. But, the Government of Balochistan (GOB) in Exile challenges the “legality” of the Durand Line Agreement between Afghanistan and British India in 1893, not its “validity”. We believe that the Durand Line Agreement is an illegal agreement, and therefore, it is null and void.
 
DURAND LINE AGREEMENT
 
In 1839, the Afghan and British governments agreed to demark a 2,450-kilometer (1,519 miles) long border dividing British India and Afghanistan. The signatory of the document, known as The Durand Line Agreement, were His Highness, Amir Abdur Rahman Khan, ruler of Afghanistan, and Sir Henry Mortimer Durand, the foreign secretary of the British Indian government.
 
Since British India ceased to exist in 1947 with the independence of India, Pakistan, and princely States, it was assumed that the Durand Line Agreement will be automatically upheld by the International Court of Justice as a binding agreement under uti possidetis juris, i.e, binding bilateral agreements with or between colonial powers are "passed down" to successor independent states.
 
AFGHANISTAN-PAKISTAN CONFLICT
 
The Durand Line has been a source of contention between Afghanistan and Pakistan. On September 30, 1947, at the UN General Assembly meeting, Afghanistan even caste a vote against the admission of Pakistan to the United Nations.
 
International Law states that boundary changes must be made among all concerned parties; and a unilateral declaration by one party has no effect. So, when in 1949, Afghanistan’s “Loya Jirga” (Grand Council) declared the Durand Line Agreement invalid, it was considered a unilateral declaration, and therefore, could not be enforced. Furthermore, Durand Line, like virtually any international boundaries, has no expiration date, nor is there any mention of such in the Durand Line Agreement, which is contrary to the popular beliefs of certain Afghan scholars that the Agreement lapsed in 1993 which is after a hundred years of its signing.
 
To this date, the relations between Afghanistan and Pakistan are characterized by rivalry, suspicion and resentment. The primary cause of this hostility rests in the debate about the validity of the Durand Line Agreement. But, so far, it appears that Pakistan’s position in this debate is legally correct, and the Government in Afghanistan has never challenged Pakistan in the International Court of Justice.
 
BALOCH-BRITISH RELATIONS
 
In 1839, when the British army advanced through Balochistan towards Afghanistan, they battled with the Baloch for the first time. During this conflict, 400 Baloch were killed along with Mehrab Khan (ruler of Balochistan), and the British took 2,000 Baloch prisoners of war. After recognizing Mehrab Khan’s young son, Nasir Khan II, as his successor, the Baloch and British signed their first treaty in 1841 that dealt with “Military Offensive and Defensive” matters. The British vacated Balochistan after the treaty was signed, and until 1854, there were no major diplomatic interactions between the Baloch and the British.
 
On May 14th, 1854, a new Treaty was signed which annulled the 1841 Treaty. The new Treaty focused on “Alliance, Defensive and Offensive” matters. It also demanded the Baloch rulers to oppose all enemies of the British government; required British consent prior to any Baloch ruler could negotiate with any other state; and it permitted the British to station troops within selected parts of Balochistan.
 
When the Baloch ruler broke certain provisions of the 1854 Treaty, diplomatic relations between Balochistan and British were discontinued in 1874. But, after two years, in 1876 the Treaty of 1854 was rectified with minor modifications allowing the British government to mediate any Baloch tribal disputes, and lease Quetta valley to establish a military cantonment. Although the Baloch ruler’s writ still ran over Balochistan, but now it was under the watchful eye of a British Indian government.
 
From 1890 to 1891, to contain the Pashtun tribes of the Suleman Mountains from conducting border raids, the British carried out a series of military expeditions that resulted in the occupation of Zhob valley. Soon afterwards, they constructed a cantonment at Fort Sandeman along with extensions of a line of outposts.
 
In 1893, serious differences arose between the ruler of Balochistan, Mir Khodadad Khan and the British. Soon after, on instigation of the British, Mir Mahmud Khan deposed his father and became the new ruler of Balochistan in November 1893. By July 1899, the Baloch administration had negotiated perpetual lease and transfer of management to British agency of the Nushki district and Niabat with all rights, jurisdiction and administrative power, in lieu of perpetual rent. This secured direct British control of the great highway connecting Quetta to Taftan. This arrangement prevailed till August 1947 when British India was dissolved.
 

SOVEREIGNTY OF BALOCHISTAN
 
On August 11, 1947, the British acceded control of Balochistan to the ruler of Balochistan, His Highness Mir Ahmad Yar Khan - the Khan of Kalat. The Khan immediately declared the independence of Balochistan, and Mohammad Ali Jinnah signed the proclamation of Balochistan’s sovereignty under the Khan.
 
The New York Times reported on August 12, 1947: “Under the agreement, Pakistan recognizes Kalat as an independent sovereign state with a status different from that of the Indian States. An announcement from New Delhi said that Kalat, Moslem State in Baluchistan, has reached an agreement with Pakistan for free flow of communications and commerce, and would negotiate for decisions on defense, external affairs and communications.” The next day, the NY Times even printed a map of the world showing Balochistan as a fully independent country.
 
According to the Indian Independence Act 1947, all treaties and agreements between the British Government and the rulers of States were terminated as of August 15, 1947. On that day, the Khan addressed a large gathering in Kalat and formally declared the full independence of Balochistan, and proclaimed the 15th day of August a day of celebration. The Khan formed the lower and upper house of Kalat Assembly, and during the first meeting of the Lower House in early September 1947, the Assembly confirmed the independence of Balochistan.
 
Jinnah tried to persuade the Khan to join Pakistan, but the Khan and both Houses of the Kalat Assembly refused. The Pakistani government took an aggressive stance against Balochistan, and in March 1948, the Pakistani armed forces started their operation against the Balochistan government. They invaded Balochistan on April 15th, 1948, and imprisoned all members of the Kalat Assembly.
 

LEGALITY OF THE DURAND LINE AGREEMENT
 
Throughout the period of British rule of India, the British never occupied Balochistan. There were treaties and lease agreements between the two sovereign states, but neither state invaded the other. Although the treaties signed between British India and Balochistan provided many concessions to the British, but none of the treaties permitted the British to demark the boundaries of Balochistan without the consent of the Baloch rulers.
 
The Durand Line Agreement of 1893 divides boundaries between three sovereign countries, namely Afghanistan, Balochistan and British India. According to International Law, all affected parties are required to agree to any changes in demarking their common borders. In reality, the Durand Line Agreement was a trilateral agreement and it legally required the participation and signatures of all three countries. But, the Agreement was drawn as a bilateral agreement between Afghanistan and British India only, and it intentionally excluded Balochistan. Hence, under the rules of demarking boundaries of the International Law, the Agreement was in error, and thus, it was null and void as soon as it was signed.
 
The British, under false pretenses, assured the Afghan rulers that Balochistan was part of British India, and therefore, they were not required to have the consent of anyone from Balochistan to agree on demarking borders. Meanwhile, the British kept the Baloch rulers in the dark about the Durand Line Agreement to avoid any complications. This policy helped the British to concentrate on fortifying their military positions in the region without causing any tensions between Afghanistan and Balochistan about demarking their boundary lines, otherwise this could have resulted in a war between Afghanistan and Balochistan.
 
To ascertain that Balochistan and Afghanistan were not discussing the legality of the Durand Line Agreement among themselves, the British continued to reaffirm the Durand Line Agreement by each of the successive Afghan rulers who followed His Highness, Amir Abdur Rahman Khan. King Habibullah (1901-19), King Amanullah (1919-29), King Nadir Shah (1929-1933), and King Zahir Shah (1933-1973) reaffirmed the Agreement during their reign.
 

A FACADE
 
The British ruled parts of Afghanistan without any legal authority, but through treacherous use of a piece of paper, the Durand Line Agreement, which did not have any legal standing in any court of law. As long as the British kept Afghanistan and Balochistan in the dark and apart from each other to discuss the Agreement, the British could continue to rule Afghan territory.
 
But, in 1947, the British Indian government was dissolved, and hence, there was no reason for the British to continue this façade. But, Mohammad Ali Jinnah and his legal team immediately found out after Pakistan’s independence that the Durand Line Agreement was not a legally admissible/binding document. To continue the illegal occupation of territories belonging to Afghanistan, it was important for Pakistan to keep the flaw in the Agreement a secret. But, the dilemma was that Balochistan was an independent country, and one day the truth might be reveled to Afghanistan about the Agreement. This truth could result in Pakistan losing its Pashtun dominated areas to Afghanistan.
 
It was very important for Pakistan to either annex or invade Balochistan to continue with their illegal occupation of Afghan territories. When Jinnah failed to convince the Baloch government to annex with Pakistan on basis of the two sovereign states being predominantly Muslim countries, he ordered his armed forces to invade Balochistan and, under duress, forced the His Highness, the Khan of Kalat to sign legal documents to merge Balochistan with Pakistan. This simple act of aggression against a sovereign nation assured Pakistan that their secret about the Durand Line Agreement would remain intact.
 
Once Balochistan was secured, the Pakistanis deceptively used the law of uti possidetis juris to their advantage and continued occupation of territories belonging to Afghanistan.
 

CURRENT AFFAIRS
 
Pakistan is in illegal occupation of territories belonging to Afghanistan under false pretenses. To maintain its current territorial integrity, it is in Pakistan’s interest to have a weak and destabilized government in Afghanistan so there is no one to challenge the authenticity of the Durand Line Agreement. Therefore, Pakistani intelligence agencies have provided shelter for members of Al-Qaeda and Taleban who are committing acts of terrorism within Afghanistan to destabilize the democratically elected government of President Hamid Karzai.
 
US armed forces in Afghanistan are eradicating remnants of terrorists from Taleban era. The Americans are also helping to rebuild Afghanistan and strengthen the democratic process of government to get a strong foothold in the country. But, Pakistan has waged a proxy war against the United States, and continues to terrorize the Afghan nation in hopes to frustrate the US to leave Afghanistan and weaken the Afghan government.
 
Meanwhile, the Baloch have launched their “War of Independence” in Iran and Pakistan. Three tribal Sardars (chieftains) have united their forces and are engaged in a guerilla war against the well-equipped Pakistani armed forces. The Baloch freedom movement is gaining momentum, and people from all walks of like are joining in droves.
 

SOLUTION
 
Afghanistan and Balochistan should form a legal team to challenge the illegal occupation of Afghan territories and Balochistan by Pakistan in the International Court of Justice. Once the Durand Line Agreement is declared illegal, it will result in the return of Pakistan-occupied territories back to Afghanistan. Also, Balochistan will be declared a country that was forcibly invaded through use of force by the Pakistanis; and with international assistance, Balochistan can regain its independence. It is the right time to act now because the US and Allied forces in Afghanistan are positioned to facilitate the enforcement of the Court’s judgment.
 
After Pakistan vacates territories belonging to Afghanistan and Balochistan, a new boarder should be demarked amicably to determine Baloch dominated areas to become the new Balochistan, and Pashtun dominated areas to be merged into Afghanistan. And, with the help of the US and Allied forces, the Afghans and the Baloch forces can flush out members of Al-Qaeda and Talebans from their respective countries.
 
A wise observer once said, “Pakistan is a completely superfluous and artificially created spot on the world map that has become a breeding ground for extremism, and trouble that would be best done away with.”
 
Mir Azaad Khan Baloch

In 1948 Pakistan began the arrest, imprisonment and execution of prominent NWFP Pashtun leaders who did not want to be ruled by Pakistan. Also Pakistan does not have any educational, social and economic plans for the NWFP. Children of Pashtun are thought urdu in schools and businesses are forced to deal with Karachi so that Pashuns of the NWFP never reach powerful status.

Its Time to Raise National Flag of Afghans in Peshawar and Queta
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Offline Wadareeg وداریگ

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Re: Durand Line Agreement... Another fact from history
« Reply #6 on: October 24, 2006, 09:02:23 AM »
Menat war