A family at the fenced area at Torkham | Ghulam Dastageer
Abdur Rahman Khan, who ruled Afghanistan between 1880 and 1910, was the first to make claims over certain territories now in Pakistan. In his autobiography, published in London in 1900, he stated: “… the Indian Government took all the provinces lying to the south-east and north-east of Afghanistan, which used to belong to the Afghan government in early times, under their influence and protection. They gave them the name of ‘independent,’ and … called them the neutral states between Afghanistan and India.”
A map of the ‘independent’ states, or Yaghistan as they are known in Pashto, which a viceroy of India provided to Abdur Rahman Khan, included the Waziri areas, New Chaman, Chagai, Buland Khel, the whole of Mohmand, Chitral and Asmar, the latter of which is now in Afghanistan. The Afghan amir subsequently renounced his claims over the railway station of New Chaman, Chagai, part of the Waziri areas, Buland Khel, Kurram, the Afridi areas, Bajaur, Swat, Buner, Dir, Chilas and Chitral.
The text of the Durand Line Agreement, signed on November 12, 1893, between the Afghan monarch and Henry Mortimer Durand, categorically declares these areas out of the king’s jurisdiction. “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,” reads the agreement.
But decades after the accord was signed, Afghanistan continued making territorial claims over Pakhtun lands that had become part of British India. In the early 1940s, the Afghan government sent “a series of dispatches” to the British government in India that “expressed its desire to absorb the Pakhtun areas located along the southern part of the Durand Line”. The Indian government, however, categorically turned down this demand, says Lutfur Rehman, a PhD student at the National Defence University, Islamabad who is also a radio broadcaster.
When the British announced their plan to partition the Indian subcontinent on June 3, 1947, he says, Afghanistan again sent a dispatch to London and Delhi saying that the people living in the Pakhtun regions east of the Durand Line “should be given the option of becoming independent or of joining either Pakistan or Afghanistan.”
Afghanistan also opposed Pakistan’s entry into the United Nations as an independent state without addressing Afghan claims to Pakhtun areas. Addressing the United Nations General Assembly on September 30, 1947, Afghan envoy Hussain Aziz said: “… we cannot recognize the North West Frontier Province (now known as Khyber Pakhtunkhwa) as part of Pakistan so long as the people of the NWFP have not been given an opportunity free from any kind of influence – and I repeat – free from any kind of influence, to determine for themselves whether they wish to be independent or become a part of Pakistan.”
Afghanistan’s Loya Jirga, or Grand Assembly, passed a resolution on June 30, 1949, to unilaterally revoke all treaties, conventions and agreements signed between Afghanistan and British India. During the 1950s, Pakistan and Afghanistan engaged in several border clashes, prompting Pakistan to stop the transport of petroleum shipments to Afghanistan for three months. In 1953, the Afghan government unilaterally abrogated the Anglo-Afghan Treaty of November 1921, under which Kabul had acknowledged the Durand Line as an international frontier between Afghanistan and India. In 1973, Sardar Mohammad Daud Khan became Afghanistan’s president and officially started celebrating Pakhtunistan Day to mark unity among Pakhtuns living on both sides of the Durand Line.
Lutfur Rehman claims that many of the Pakhtun areas on the Pakistani side of the Durand Line were never under Afghanistan’s political control. Those that were a part of Afghanistan were so either for a brief period or through arrangements that gave them a large amount of internal autonomy. Peshawar remained under the full control of Afghanistan only between 1747 (when Ahmad Shah Abdali defeated its Mughal governor Nasir Khan) and 1822, when Sikh emperor Ranjit Singh snatched it from Afghan king Shah Shuja, he says.
In the region that constitutes today’s Fata, he adds, the Afghan government had a limited and weak influence, if any at all. Areas such as Chitral, Bajaur, Dir and Swat, according to him, were all autonomous states which neither the Mughals nor the Afghans could ever successfully bring under their control.Pakistan-based Pakhtun nationalists have never found such arguments easy to accept.
Aurangzeb Kasi, a Quetta-based Pakhtun leader who until recently was heading the Balochistan chapter of the Awami National Party (ANP), recalls accompanying Khan Abdul Ghaffar Khan, the legendary Pakhtun nationalist leader also known as Bacha Khan, when he made a month-long visit to Balochistan in 1986. Wherever Bacha Khan talked to people, he would say that he “wanted to materialise the dream of Ahmed Shah Abdali to unite Pakhtuns from the Jhelum river [in Pakistan] to Amu Darya [in Central Asia] under the umbrella of [an independent state of] Pakhtunistan.” Abdali, who came from a Pakhtun tribe, was the first Afghan ruler to unite the tribal society of Afghanistan into a state in 1747, says Kasi who visited Kabul to attend Pakhtunistan Day in 2015.
Now that Pakistan has started fencing its border with Afghanistan, Kasi sees it as an attempt to make the Durand Line a permanent frontier. “Afghans will not accept that,” he warns. Pakistan, he says, could not convince even its diehard supporters such as the Afghan Taliban’s founding amir Mullah Omar and former Afghan prime minister Gulbuddin Hekmatyar to accept the Durand Line as a permanent border between the two countries.
Dr Khadim Hussain, a Peshawar-based political analyst and a Pakhtun nationalist, argues that the Treaty of Rawalpindi, signed in 1919 between British India and Afghanistan, has superseded the accord which brought the Durand Line into being. According to that treaty, he claims, any future arrangement regarding Pakhtun areas on the east of the Durand Line was to be negotiated with Afghanistan. The treaty does not seem to have this provision, however.
But Khadim Hussain adds that Pakhtun nationalism has nothing to do with the validity or invalidity of the Durand Line and that the geographical unification of all Pakhtuns was never the objective of Pakhtun nationalist politics in Pakistan. He sees Pakhtunistan Day as a “pressure tactic and a ploy” vis-à-vis Pakistan. “Pakhtun nationalist parties have never accepted this tactic,” he says.
He also likes to point out that the Pakistani ruling elite has always seen Pakhtun nationalism from a territorial perspective, treating it as a threat to the territorial integrity of Pakistan. “It was due to these fears that the nascent Pakistani state toppled the elected government of Dr Khan Sahib [Bacha Khan’s brother] on August 22, 1947, and arrested Bacha Khan in 1948, despite the fact that he had taken an oath [of allegiance to Pakistan] as a member of the Constituent Assembly of Pakistan.”
A senior Pakistani government representative, who has experience working with the foreign office at a senior level, acknowledges “the fact that Afghanistan does not accept this border”. Pakistan, he suggests, “should have got it accepted during the Taliban government” in Kabul. “It is our mistake” that we did not do so.
He says Afghans have protested over border fencing and have also resorted “to open[ing] heavy fire on us”. But, he adds, “we are determined to fence” the border. “We have suffered a lot during the last 20 years due to this border. All the terrorists and miscreants have been infiltrating Pakistan through this border because it was open for anybody who wanted to come to this side,” he says, without wanting to be identified by name because of the sensitivity of the issue. “If 50,000 people come from Afghanistan daily for business and jobs, we do not know how many of them go back.”
Dr Timothy Nunan, assistant professor at the Center for Global History, Free University of Berlin, and author of the 2016 book Humanitarian Invasion: Global Development in Cold War Afghanistan, believes debates about the Durand Line are laden with emotional and fundamentally political ideas about the character of the Afghan state. “Since as early as the 1930s, but especially since the 1950s, Afghan intellectuals and governments have promoted the idea of Afghanistan as a Pakhtun state with responsibilities towards Pakhtun and Baloch groups in the territories east of the Durand Line. For this reason, Afghanistan … for decades championed the formation of an independent ‘Pakhtunistan’ [consisting of] Balochistan and NWFP.”
Nunan says Pakistan has had its own specific sensitivities about the role of Pakhtuns in the state. “Consider, for example, debates before the [recent] census about the number of Pakhtuns in Karachi, Quetta or Balochistan, or about the administrative future of Fata.”
But he points out that Pakistan’s attempts to resolve a political problem with an infrastructural solution – erecting a fence on the border – will weaken its case to defend its legitimate domestic security interests. “By inflaming nationalist sentiment in Kabul, the unilateral decision to build the fence makes it impossible for elements within the Afghan government to make unpopular decisions that could lay the groundwork for improved relations — for example, a closure of Indian consulates [in Afghanistan] and recognition of the Durand Line.” The fence, he says, will likely only boost the Afghans’ conviction that closer ties with India and nationalist rhetoric are their best tools for dealing with Pakistan.
Nunan suggests the only sustainable solution that Pakistan may have will be found through engaging Afghanistan in meaningful dialogue. “However intractable the debate may seem, it is worth reflecting that in the late 1970s, Mohammad Daoud Khan made serious efforts to settle the border with [Pakistan’s prime minister] Zulfikar Ali Bhutto. This process ended with the murder of the former in 1978 and the arrest of the latter in 1977 but it does perhaps offer a precedent for high-level diplomacy.”
Additional reporting by Namrah Zafar Moti
In response to the above article the Ministry of Foreign Affairs sent the Herald the following letter:
The people of Pakistan and Afghanistan enjoy centuries old bonds of shared history, culture and religion. Pakistan has always encouraged and facilitated people to people contacts between the two countries. Our current efforts of border management do not envisage hindering the movement of legitimate travelers, rather, our efforts would encourage and ensure safety and security of people travelling between the two countries.
Our efforts of better border management are geared towards curbing the cross border movement of terrorists, clamping down on traffickers and smugglers, enhance trade, transit and facilitate movement of people. We therefore, are upgrading infrastructure at our existing custom terminals to enhance their capacity to process larger quantities of goods and transiting vehicles and swift and convenient clearance of people.
[In response to the question posed regarding] the steps that Pakistan is taking to ensure that the fencing of the border does not harm or hamper the traditional family links between the Pakhhtun tribes living on its two sides, Pakistan has always encouraged and facilitated people to people contact between Afghanistan and Pakistan as we understand that such interactions solidify our bilateral relations. We are aware of ground realities and have undertaken multiple steps to ensure that life of common citizens on both sides of the border are not adversely affected by our initiative of effective border management.
Afghan students who attend schools on Pakistani side of the border have already been issued with RFID cards and a proposal to extend similar facility to the common people along the border is currently under consideration. A system of facilitative visas for medical treatment by Pakistani missions in Afghanistan is already in place and we are also working on a proposal to introduce a visa on arrival for those requiring urgent treatment at Torkham, Chaman and other border points.
[In response to the question posed regarding whether the people living in the border regions will be] taken into confidence over the border fencing and other border management mechanism, especially considering that there are still people present on both sides who see the Durand Line as an arbitrary, controversial line drawn by the British colonial rulers, the Government is fully mindful of the sentiments of the people living in the vicinity of both sides of the border and the social connections that exist between them. Therefore, it remains our endeavour that border management measures take into account this aspect and that we try to make the legal travel and trade easy but block the movement of terrorists and other undesired elements. People living along Pak-Afghan border understand the importance of these measures and they stand-by our efforts of effective border management.
[In response to the question posed regarding talks going on between Pakistani and Afghan security forces on border management], all issues of mutual concern are discussed in our bilateral consultations with Afghanistan. As far as the security forces are concerned there exits a hotline between the DGMO’s of the two countries and the channel is utilised to address Pak-Afghan border issues. Recently, the representatives of the two security forces met in Peshawar to discuss issues related to Pak-Afghan border security to the etc. We believe that the border management measures are mutually beneficial to the two countries as they would check movement of terrorists and smugglers, encourage and enhance bilateral trade and transit of Afghan merchandise to other countries and also facilitate and make the journey between the countries safe.
[In response to the question posed regarding] Pakistan considering any options/proposals to manage/control its border with Afghanistan in such a way that it does not negatively impact bilateral trade, Pakistan hasn’t introduce any restrictions for legal trade between Pakistan and Afghanistan, rather we are reinforcing and upgrading the existing trade terminals with the aim to increase their capacity, make them more efficient, also, we are exploring new trade terminals/crossing points to facilitate trade/transit and encourage legal movement of people and goods. We have recently opened a new border crossing for trade and transit of vehicles, at Kharlachi, Kurram agency. In addition we are investing in human resource as well as technical surveillance means to increase our reach to frequented and unfrequented routes used by smugglers and other undesired elements to curb illegal trade and smuggling. With these efforts we are hopeful that the trade between the two countries would increase and the traders of the two countries would be facilitated.
This was originally published in the Herald's September 2017 issue under the headline 'The thin red line'. To read more subscribe to the Herald in print.
The writer is a staffer at the Herald.