Settlement of the Af-Pak Border Along the Durrand Line

The Taliban, Al Qaeda and other extremists operate with relative impunity along the border of Afghanistan and Pakistan.  This combined with the fact that NATO forces are forbidden from crossing the border, even in cases of “hot-pursuit” has led some US Generals to complain about the so-called safe-haven that Pakistan, in essence, provides.

This safe-haven is formed in part because the Pakistani Government does not exercise sovereignty over all of its land, likewise the Afghani Government, and furthermore, the two do not cooperate over border security.  The border is still that which the British Indian Empire negotiated in 1893 to create a buffer against Russian expansion.   

The Durand Line (and its continuation as the present border) resulted from an internationally recognized treaty between the British Government and the Emir of Afghanistan.  Problems with the Durand Line as a formal border arise in part because portions of the border were not demarcated, and furthermore in “1949 a Loya Jirga (Council of Tribes) repudiated all treaties with the British, including the Durand Line, (Mekenkamp, 2002: 254).  Afghanistan voted against including Pakistan in the United Nations, arguing that “as long as the ‘pashtunistan’ question [between Pakistan and Afghanistan] remains unresolved,” (Barnett, 2006: 7), Pakistan should not be recognized.  The objection was withdrawn a month later, but the animosity remains.  On the other hand Pakistan’s argument is much more a legal one:

[The] Durand Line delineated in the 1893 treaty is a valid international boundary subsequently recognized and confirmed by Afghanistan on several occasions. The drawing of this international border terminated any Afghan sovereignty over the territory or influence over the people east of [the] Durand Line. Pakistan as a successor state to British India derived full sovereignty over this region and its people and has all the rights and obligation of a successor state. In addition, the question of self-determination for Pashtuns was foreclosed by the British supervised plebi­scite held in 1947 in NWFP in which 99 percent of votes cast were in favor of joining Pakistan.  The Tribal Areas too expressed their assent through special Jirgas.  (Rubin, 2006: 13)

This is not a bold new strategy; this is exactly the dispute between India and Pakistan in 1965 over the border in the Rann of Kutch.  When submitted to the International Court of Justice with a binding resolution two parties can arrive at a solution acceptable to all.  See the Appendices for maps of the disputed Rann of Kutch area, before and after.  The Durand Line dispute between Pakistan and Afghanistan presents a golden opportunity.  Unlike the Rann of Kutch the Durrand Line follows Mountain ranges and rivers, making for a natural boundary.



View Larger Map


The existence of old treaties allows the rule of law to come into play, while pressure from international society will force the governments to talks, allowing for a multi-level approach to this conflict.  In short a successful conclusion to this dispute will go a long way towards reconciliation between the states, which will, in turn, lead to a more effective and coherent strategy against extremists in the area.

Appendices

Pre-ICJ Ruling on the Rann of Kutch

Post ICJ Ruling and Subsequent Demarcation

Sources for this article:

Chirico, Pete and Michael Warner.  2005.  “Sheet: I 42-6.”  Mosaic of digital raster Soviet topographic maps of Afghanistan.  [Reston, VA:  US Department of the Interior, US geological Survey.]

Ganguly, Sumit.  2001.  Conflict Unending.  [New York: Columbia University Press.]

The Geographer.  1998.  “India-Pakistan Boundary: the Rann of Kutch Sector.” International Boundary Study.  [Washington D.C.: Department of State, Office of Strategic and Function Research, Bureau of Intelligence and Research.]

Friedman, Thomas L.  2005.  The World is Flat.  [New York: Farrar, Straus and Giroux.]

Khattak, Iqbal.  “The circumstances are propitious for a final settlement of the border between Pakistan and Afghanistan.”  The Friday Times July 18-24, 2003 Vol. XV, No. 21

 “Islamkot, Pakistan; India.”  1981.  Combined Joint Operations Graphic.  Series: 1501C. Sheet: NG 42-15.  [Washington D.C.:  Defense Mapping Agency Hydrographic/Topographic Center.]

“Islamkot, Pakistan; India.”  1955.  Edition-1 AMS.  Series: U502. Sheet: NG 42-15.  [Washington D.C.:  US Army.]

Mekenkamp, Monique, Paul van Tongeren, and Hans van de Veen, eds.  2002.  Searching for Peace in Central and South Asia.  [Boulder: Lynne Rienner Publishers.]

Rao, H. S. Gururaja.  2002.  Legal Aspects of the Kashmir Problem.  [New Delhi:  Minerva Press.]

Rubin, Barnett R. and Abubakar Siddique.  2006.  Resolving the Pakistan-Afghanistan Stalemate.  [Washington D.C.:  United States Institute of Peace.]  [http://www.usip.org/pubs/specialreports/sr176.pdf]

“Satellite Image of Section of ‘Durand Line’ Vicinity of Chitral, Pakistan.”  2008.  Coordinates:  35º40’29.94”N 71º37’07.56”E.  Google Earth.

Thakur, Ramesh and Oddny Wiggen eds.  2004.  South Asia in the world: Problem solving perspectives on security, sustainable development, and good governance.  [New York: United Nations University Press.]