The issue of Durand Line has been plaguing Pakistan’s relationship with Afghanistan since its independence from the British rule. Pakistan recognizes the Durand Line as an international border, a stance backed by international law and all countries of the world, while Afghanistan does not recognize it saying it was a decision forced on them by the British government under duress.
It would have been okay had the disagreement on Durand Line been purely an academic one, however, it is not. Emotions have overshadowed reason. It is the main source of animosity and hatred between the people of both countries. The recent clash on Torkham Border is a clear example of this.
So who is right or rather what’s the right thing to do? It is important for the students of both nations to understand the issue and educate themselves about their history.
First of all, the argument that Durand Line was forced upon Afghanistan by a colonial power does not hold ground because the negotiations on Durand Line spanned many years. The second Anglo-Afghan war had ended in 1880 and the British forces had withdrawn from Afghanistan by 1881. The Durand Line treaty however, was agreed upon in 1893 after many years of difficult negotiations.
Additionally, the Afghan King Abdur Rahman appears to be quite satisfied with the result and exhibits no sign of coercion when writes about this treaty in his diary. He writes:
“At the time when I was occupied in breaking down the feudal system of Afghanistan and moulding the country into a strong consolidated Kingdom, I was not unaware nor neglectful of the necessity of defining my boundaries with the neighbouring countries. I well knew that it was necessary to mark out the boundary lines between my dominions and those of my neighbours, for the safety and protection of my Kingdom, and for purpose of putting a check on their advances and getting rid of misunderstandings and disputes.”
Also, through the same agreement, Afghanistan received an annual payment of 1.8 million rupees and shipments of weapons until the 1920’s, which would make it hard to believe that it was a treaty signed under duress.
Not only this, but the Durand Line agreement was reconfirmed many times by subsequent Afghan governments. King Haibatullah Khan accepted in 1905, through Dane Treaty, that he would honor all treaties agreed upon by his late father King Abdur Rahman. He continued to accept the annual subsidy of 1.8 million rupees and weapons as part of the agreement. The Dane treaty stated:
“In the words of His Majesty Amir Habibullah Khan: I hereby honor all the articles of Durand Treaty including all the other agreements and pacts that my late father signed with Britain’s representatives. I’ll act according to them and I’ll honor the pact of the Durand Line now and in the future.”
After the third Anglo-Afghan war in 1919, a team of diplomats headed by King Amanullah Khan’s brother-in-law Ali Ahmad Khan, signed a peace treaty with Britain in Rawalpindi. The treaty, famously known as Treaty of Rawalpindi, termed all previous treaties between the two sides as null and void, including the 1.8 million annual payment and shipment of weapons. However, the treaty recognized the Durand Line as the legitimate border between Afghanistan and British India through its article 5. It read:
“The Afghan Government accepts the Indo-Afghan frontier accepted by the late Emir [Habibullah Khan].”
The two sides met again in Kabul in 1921 as part of the commitment made through the Treaty of Rawalpindi. After months of deliberations, the establishment of commerce and declaration of friendly relations between Afghanistan and Great Britain was signed. The Afghan side was led by the legendary Mahmud Tarzi who was King Amanullah’s foreign minister as well as his father-in-law.
Interestingly, the 1921 treaty contained a clause that if any party wished to invalidate the treaty or any part of it, they would have the power to do so within three years of the signing of the treaty. However, no such move was made by King Amanullah or even his successor Nadir Khan. In fact, during Nadir Khan’s reign, his brother Shah Wali, serving as Nadir’s ambassador in Great Britain, signed a diplomatic agreement with British government in 1930 stating that it was their honor to officially declare their understanding and full acceptance of the treaties of 1921 and of 1923.
In light of all these historical developments, it becomes hard to accept Afghanistan’s claim that the Durand Line agreement was forced upon them.
Some Afghans believe that the Durand Line agreement had an expiry date of 100 years and should have expired in 1993, just like the British-Chinese agreement on Hong Kong. However, this argument is the result of misinformation because the Hong Kong agreement had an explicit clause of 100 year expiry date while the Durand Line agreement had no such mention of an expiry date.
As far as Pakistan is concerned, its position on Durand Line has been consistent. Under the international law principle uti possidetis juris, Pakistan retains the same borders as its predecessor state held and does not need to conclude another treaty with Afghanistan for this purpose. The Vienna Convention on Succession of States also upholds uti possidetis juris by declaring that bilateral agreements are handed down to successor states.
Pakistan’s stance is supported by all countries of the world, including USA. In 1949, two years after independence of Pakistan, the British House of Commons officially reconfirmed their position declaring that the Durand Line was the legal border between Afghanistan and Pakistan. The following year in 1950, the Queen of England also recognized that the Durand Line was Pakistan’s international western border according to international law.
The people of Afghanistan have to see the bigger picture beyond false mirage created by war mongers in the garb of nationalism. That picture is of economic development and prosperity. The empty rhetorics of the likes of Mahmood Khan Achakzai can only increase hatred and animosity between the two brotherly nations.
Pakhtuns don’t have to remain in one country to remain brothers. Similarly, living in Afghanistan or Pakistan does not make someone lessor or more Pakhtun. Pakhtunwali is more than that. It is a code of ethics through which one lives one’s life, the center pillar of which is respecting the sanctity of the house of your brother.
Right or wrong, Durand Line is indeed an emotional issue for many in Afghanistan and it becomes very difficult to see reason when one is overwhelmed with emotions. However, this is the place where true leaders set themselves apart from the common lot. It is the duty of Afghan leadership to not let their people drown in the sea of emotions and lead them towards reason.
The people of Afghanistan also have to understand that beyond all the rhetoric and sense of nationalism concerning the Durand Line, there lies the truth and reality. Recognition of the reality of Durand Line could be a major step toward sustainable trust building between Afghanistan and Pakistan. It would not only facilitate the establishment of a more secure environment, but also speed economic development for the Pakhtuns who live on both sides of the Durand Line. It’s about time the Afghans accepted the reality of Durand Line.
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