New Delhi: The Durand Line is the de facto border between Afghanistan and Pakistan that was unilaterally carved out by the British in 1883. Mortimer Durand, the British Diplomat largely responsible for the Durand Line, created the artificial demarcation without any regard for geography, topography, population composition of the region or any other factors that are considered when creating borders.
The British regime at the time completely ignored historical perspective, or the will of the local people and based the Durand Line solely on its geopolitical agenda. As a result, they divided a largely Pashtun dominated region between Afghanistan and Pakistan. Families, relatives and villages that resided in the same region were now suddenly separated by an arbitrarily drawn “border” which has been dubbed the ‘line of hatred’, a cruel trick played on the Pashtun people.
The Durand Line has been an issue that has sown distrust between Afghanistan and Pakistan since 1948 and is also a possible flashpoint between Pakistan and the Taliban (that now control Afghanistan).
Afghanistan considers the Pashtun dominated area controlled by Pakistan to belong to Afghanistan. It has repeatedly reiterated that the agreement that was signed in 1883 is legally void and therefore Pakistan has no claims over the disputed territories.
No Afghan leader has even recognized the Durand Line and this sentiment is also shared by the Pashtun’s living on Pakistan’s side of the Durand Line as over the years a movement has emerged by the Pashtu people calling for integration with Afghanistan but this movement has repeatedly been crushed by the Pakistani government, more often than not through the use of force.
While the Pashtun’s living on both sides of the border and the Afghan government have argued the legitimacy of the Durand Line, the Pakistan government has repeated its claims that the Durand Line is a legitimate border. The Pakistani government claims that Pakistan has legally inherited the border from British India and views the issue of the Durand Line as an existential threat to Pakistan’s territorial integrity.
The Pakistani government feels that Kabul’s open policy regarding the Durant Line is a clear indication that Afghanistan harbours ambitions of influencing or controlling the Pashtun-speaking parts of Pakistan.
Pakistan’s fears regarding this issue are further compounded by its history, particularly the experience of losing what is now Bangladesh to Bengali speaking nationalists that the Pakistan government had oppressed (the same oppression that is now being meted out to the Pashtuns).
This fear held by the Pakistani government causes it to use brutal force against the Pashtun people that want to integrate with Afghanistan. This has also led the Pakistani government to erect fences/border installations all along the Durand Line to legitimize the de-facto border.
During the Taliban’s brief rule over Afghanistan, the Pakistani military and government that was the Taliban’s principal financial, military, and diplomatic patron believed that the Taliban would recognize the Durand Line and curb Pashtun nationalism. But the reality turned out to be different. Not only did the Taliban not recognize the Durand Line, they even fostered Pashtun nationalism.
With the Taliban taking over Afghanistan after the US withdrawal, Islamabad once again hoped that the Taliban would recognize the Durand Line but even the Taliban have refused to legitimize it. And the recent fencing activities by Pakistan has led to the uproar with the Taliban issuing a stern warning to Islamabad that it will not allow any more fencing along the Durand Line.
Clashes between the Taliban and the Pakistani forces in hamlets such as Ganjgaal, Sarkano and Kunar - in the Bajaur area have already shown that the Taliban’s warning is not to be taken lightly.
As per Pakistani media, the Pakistani government has already constructed fences along 90% of the Durand Line and claims that the installations are a necessity to prevent the movement of terrorists, but according to Toronto-based think tank, International Forum For Rights And Security (IFFRAS) the real reason for the border fence is so that Pakistan can divide the Pashtun people and continue to oppress and exploit them.
The Durant Line which has long been a point of contention for Pakistan and Afghanistan for years has been studied by several prominent scholars and researchers and a large section of them believe the Durant Line to be invalid.
The treaty was signed between the Amir of Afghanistan and the then colonial British Administration. It was not ratified by the legislative body of either side and as such is legally void.
In addition, the treaty was signed by the Amir under duress and imposed by the British Empire. As per the Vienna Convention on the Law of Treaties, any treaty that is procured by threat shall be deemed null and void. The Vienna Convention also states that any treaty that was signed with the aid of bribery or corruption is invalid.
Afghanistan has often claimed the Durant Line to be morally unjustifiable because the Durant Line marginalized the Pashtuns in Pakistan.
Afghanistan has also cited the Clean Slate Doctrine in the Vienna Convention, which says that independent states do not “automatically inherit treaty obligations”, to say that the creation of Pakistan in 1947 automatically led to the abrogation of all past treaties signed between Afghanistan and British India.
