Monday, August 18, 2014

Durand Line; The Legal perspective --- Introduction: - In the nineteenth century, the Great Britain pursued and kept struggling for ‘forward policy’ in Asia and Russia as a ‘great power’ in the region annexed Central Asian countries and was moving toward South Asia. Afghanistan turned to be maneuvering ground between East and West blocks. After the defeating of the British India in the first Anglo-Afghan war (1838), Britain occupied Afghanistan in the second Anglo-Afghan (1878) war sparked by the coercive and intractable arrival of the Russian delegation to Kabul. Afghanistan became a ‘protectorate’ country of the British India following the ‘Gandamak Treaty’ in 1879. Afghanistan as a ‘buffer state’ between the ‘great game’ players came under the Russian attack and annexed Panjdeh, the Northwest part of Afghanistan in 1885. To block further expansion of the Russia, British India first demarcated northern boundaries of Afghanistan with Russia in 1887 and later signed the Durand Line (brokered by the British foreign secretary Mortimer Durand and Amir – Leader – Abdul Rahman of Afghanistan), which delineated the south, southeast and east borders of Afghanistan in 1893. -- The Durand Line, which splits Pashtuns tribe, ignited local people to attack and burn the British Boundary Commission in Wana, today’s North Waziristan of Pakistan in 1894 and the unrest spread across the Durand Land or ‘Pashtun-belt’ in 1897 (Northwest Pakistan and Southeast Afghanistan) and Britain deployed 60,000 troops to suppress the turbulence, (Bijan Omrani 2009) & (Waziri 2012). The successor of Abdul Rahman – his son – Amir Habibullah renewed the Durand Line agreement in 1905. Following the war for liberation in 1919, the British India recognized the independency of Afghanistan in an agreement, where Amanallah Khan – later the King – agreed upon his father’s (Habibullah) agreement of 1905. -- During the India Partition (1947), Afghan government expressed her concern about the Durand Line first to the U.K. (Ali 1990)[1] and later cast a negative vote when Pakistan was joining U.N. membership in 1948 (Wakman 1985)[2]. Two years later after the establishment of the Pakistan (July 1949) the Afghan parliament unanimously passed a resolution nullifying the covenants signed by Afghanistan and British India and declared the Durand Line a ‘bogus and fictitious’ border (Saqeem 2008)[3]. Pakistan that claims as a successor of the British India has been dominating the Durand Line since 1947 and sees the ‘frontier’ as de jure border (Durrani 2010)[4]. -- This paper tries to examine mainly the legal perspective of the Durand Line and also discussing whether Pakistan was/is the legitimate inheritor – successor state – of the British India. But prior to these two issues, it briefly touches upon the Gandamak agreement (1879). - Reas More, Khaama Press, http://www.khaama.com/durand-line-the-legal-perspective-6564

0 Comments:

Post a Comment

<< Home