The Government of Balochistan in Exile

Friday, May 12, 2006

An Expose’: The Durand Line Agreement is Illegal

The argument between Afghanistan and Pakistan centers on the issue of Durand Line Agreement and its validity. But, the Government of Balochistan (GOB) in Exile challenges the “legality” of the Durand Line Agreement between Afghanistan and British India in 1893, not its “validity”. We believe that the Durand Line Agreement is an illegal agreement, and therefore, it is null and void.


DURAND LINE AGREEMENT
In 1839, the Afghan and British governments agreed to demark a 2,450-kilometer (1,519 miles) long border dividing British India and Afghanistan. The signatory of the document, known as The Durand Line Agreement, were His Highness, Amir Abdur Rahman Khan, ruler of Afghanistan, and Sir Henry Mortimer Durand, the foreign secretary of the British Indian government.

Since British India ceased to exist in 1947 with the independence of India, Pakistan, and princely States, it was assumed that the Durand Line Agreement will be automatically upheld by the International Court of Justice as a binding agreement under uti possidetis juris, i.e, binding bilateral agreements with or between colonial powers are "passed down" to successor independent states.

AFGHANISTAN-PAKISTAN CONFLICT
The Durand Line has been a source of contention between Afghanistan and Pakistan. On September 30, 1947, at the UN General Assembly meeting, Afghanistan even caste a vote against the admission of Pakistan to the United Nations.

International Law states that boundary changes must be made among all concerned parties; and a unilateral declaration by one party has no effect. So, when in 1949, Afghanistan’s “Loya Jirga” (Grand Council) declared the Durand Line Agreement invalid, it was considered a unilateral declaration, and therefore, could not be enforced. Furthermore, Durand Line, like virtually any international boundaries, has no expiration date, nor is there any mention of such in the Durand Line Agreement, which is contrary to the popular beliefs of certain Afghan scholars that the Agreement lapsed in 1993 which is after a hundred years of its signing.

To this date, the relations between Afghanistan and Pakistan are characterized by rivalry, suspicion and resentment. The primary cause of this hostility rests in the debate about the validity of the Durand Line Agreement. But, so far, it appears that Pakistan’s position in this debate is legally correct, and the Government in Afghanistan has never challenged Pakistan in the International Court of Justice.

BALOCH-BRITISH RELATIONS
In 1839, when the British army advanced through Balochistan towards Afghanistan, they battled with the Baloch for the first time. During this conflict, 400 Baloch were killed along with Mehrab Khan (ruler of Balochistan), and the British took 2,000 Baloch prisoners of war. After recognizing Mehrab Khan’s young son, Nasir Khan II, as his successor, the Baloch and British signed their first treaty in 1841 that dealt with “Military Offensive and Defensive” matters. The British vacated Balochistan after the treaty was signed, and until 1854, there were no major diplomatic interactions between the Baloch and the British.

On May 14th, 1854, a new Treaty was signed which annulled the 1841 Treaty. The new Treaty focused on “Alliance, Defensive and Offensive” matters. It also demanded the Baloch rulers to oppose all enemies of the British government; required British consent prior to any Baloch ruler could negotiate with any other state; and it permitted the British to station troops within selected parts of Balochistan.

When the Baloch ruler broke certain provisions of the 1854 Treaty, diplomatic relations between Balochistan and British were discontinued in 1874. But, after two years, in 1876 the Treaty of 1854 was rectified with minor modifications allowing the British government to mediate any Baloch tribal disputes, and lease Quetta valley to establish a military cantonment. Although the Baloch ruler’s writ still ran over Balochistan, but now it was under the watchful eye of a British Indian government.

From 1890 to 1891, to contain the Pashtun tribes of the Suleman Mountains from conducting border raids, the British carried out a series of military expeditions that resulted in the occupation of Zhob valley. Soon afterwards, they constructed a cantonment at Fort Sandeman along with extensions of a line of outposts.

In 1893, serious differences arose between the ruler of Balochistan, Mir Khodadad Khan and the British. Soon after, on instigation of the British, Mir Mahmud Khan deposed his father and became the new ruler of Balochistan in November 1893. By July 1899, the Baloch administration had negotiated perpetual lease and transfer of management to British agency of the Nushki district and Niabat with all rights, jurisdiction and administrative power, in lieu of perpetual rent. This secured direct British control of the great highway connecting Quetta to Taftan. This arrangement prevailed till August 1947 when British India was dissolved.

SOVEREIGNTY OF BALOCHISTAN
On August 11, 1947, the British acceded control of Balochistan to the ruler of Balochistan, His Highness Mir Ahmad Yar Khan - the Khan of Kalat. The Khan immediately declared the independence of Balochistan, and Mohammad Ali Jinnah signed the proclamation of Balochistan’s sovereignty under the Khan.

The New York Times reported on August 12, 1947: “Under the agreement, Pakistan recognizes Kalat as an independent sovereign state with a status different from that of the Indian States. An announcement from New Delhi said that Kalat, Moslem State in Baluchistan, has reached an agreement with Pakistan for free flow of communications and commerce, and would negotiate for decisions on defense, external affairs and communications.” The next day, the NY Times even printed a map of the world showing Balochistan as a fully independent country.

According to the Indian Independence Act 1947, all treaties and agreements between the British Government and the rulers of States were terminated as of August 15, 1947. On that day, the Khan addressed a large gathering in Kalat and formally declared the full independence of Balochistan, and proclaimed the 15th day of August a day of celebration. The Khan formed the lower and upper house of Kalat Assembly, and during the first meeting of the Lower House in early September 1947, the Assembly confirmed the independence of Balochistan.

Jinnah tried to persuade the Khan to join Pakistan, but the Khan and both Houses of the Kalat Assembly refused. The Pakistani government took an aggressive stance against Balochistan, and in March 1948, the Pakistani armed forces started their operation against the Balochistan government. They invaded Balochistan on April 15th, 1948, and imprisoned all members of the Kalat Assembly.

LEGALITY OF THE DURAND LINE AGREEMENT
Throughout the period of British rule of India, the British never occupied Balochistan. There were treaties and lease agreements between the two sovereign states, but neither state invaded the other. Although the treaties signed between British India and Balochistan provided many concessions to the British, but none of the treaties permitted the British to demark the boundaries of Balochistan without the consent of the Baloch rulers.

The Durand Line Agreement of 1893 divides boundaries between three sovereign countries, namely Afghanistan, Balochistan and British India. According to International Law, all affected parties are required to agree to any changes in demarking their common borders. In reality, the Durand Line Agreement was a trilateral agreement and it legally required the participation and signatures of all three countries. But, the Agreement was drawn as a bilateral agreement between Afghanistan and British India only, and it intentionally excluded Balochistan. Hence, under the rules of demarking boundaries of the International Law, the Agreement was in error, and thus, it was null and void as soon as it was signed.

The British, under false pretenses, assured the Afghan rulers that Balochistan was part of British India, and therefore, they were not required to have the consent of anyone from Balochistan to agree on demarking borders. Meanwhile, the British kept the Baloch rulers in the dark about the Durand Line Agreement to avoid any complications. This policy helped the British to concentrate on fortifying their military positions in the region without causing any tensions between Afghanistan and Balochistan about demarking their boundary lines, otherwise this could have resulted in a war between Afghanistan and Balochistan.

To ascertain that Balochistan and Afghanistan were not discussing the legality of the Durand Line Agreement among themselves, the British continued to reaffirm the Durand Line Agreement by each of the successive Afghan rulers who followed His Highness, Amir Abdur Rahman Khan. King Habibullah (1901-19), King Amanullah (1919-29), King Nadir Shah (1929-1933), and King Zahir Shah (1933-1973) reaffirmed the Agreement during their reign.

A FACADE
The British ruled parts of Afghanistan without any legal authority, but through treacherous use of a piece of paper, the Durand Line Agreement, which did not have any legal standing in any court of law. As long as the British kept Afghanistan and Balochistan in the dark and apart from each other to discuss the Agreement, the British could continue to rule Afghan territory.

But, in 1947, the British Indian government was dissolved, and hence, there was no reason for the British to continue this façade. But, Mohammad Ali Jinnah and his legal team immediately found out after Pakistan’s independence that the Durand Line Agreement was not a legally admissible/binding document. To continue the illegal occupation of territories belonging to Afghanistan, it was important for Pakistan to keep the flaw in the Agreement a secret. But, the dilemma was that Balochistan was an independent country, and one day the truth might be reveled to Afghanistan about the Agreement. This truth could result in Pakistan losing its Pashtun dominated areas to Afghanistan.

It was very important for Pakistan to either annex or invade Balochistan to continue with their illegal occupation of Afghan territories. When Jinnah failed to convince the Baloch government to annex with Pakistan on basis of the two sovereign states being predominantly Muslim countries, he ordered his armed forces to invade Balochistan and, under duress, forced the His Highness, the Khan of Kalat to sign legal documents to merge Balochistan with Pakistan. This simple act of aggression against a sovereign nation assured Pakistan that their secret about the Durand Line Agreement would remain intact.

Once Balochistan was secured, the Pakistanis deceptively used the law of uti possidetis juris to their advantage and continued occupation of territories belonging to Afghanistan.

CURRENT AFFAIRS
Pakistan is in illegal occupation of territories belonging to Afghanistan under false pretenses. To maintain its current territorial integrity, it is in Pakistan’s interest to have a weak and destabilized government in Afghanistan so there is no one to challenge the authenticity of the Durand Line Agreement. Therefore, Pakistani intelligence agencies have provided shelter for members of Al-Qaeda and Taleban who are committing acts of terrorism within Afghanistan to destabilize the democratically elected government of President Hamid Karzai.

US armed forces in Afghanistan are eradicating remnants of terrorists from Taleban era. The Americans are also helping to rebuild Afghanistan and strengthen the democratic process of government to get a strong foothold in the country. But, Pakistan has waged a proxy war against the United States, and continues to terrorize the Afghan nation in hopes to frustrate the US to leave Afghanistan and weaken the Afghan government.

Meanwhile, the Baloch have launched their “War of Independence” in Iran and Pakistan. Three tribal Sardars (chieftains) have united their forces and are engaged in a guerilla war against the well-equipped Pakistani armed forces. The Baloch freedom movement is gaining momentum, and people from all walks of like are joining in droves.

SOLUTION
Afghanistan and Balochistan should form a legal team to challenge the illegal occupation of Afghan territories and Balochistan by Pakistan in the International Court of Justice. Once the Durand Line Agreement is declared illegal, it will result in the return of Pakistan-occupied territories back to Afghanistan. Also, Balochistan will be declared a country that was forcibly invaded through use of force by the Pakistanis; and with international assistance, Balochistan can regain its independence. It is the right time to act now because the US and Allied forces in Afghanistan are positioned to facilitate the enforcement of the Court’s judgment.

After Pakistan vacates territories belonging to Afghanistan and Balochistan, a new boarder should be demarked amicably to determine Baloch dominated areas to become the new Balochistan, and Pashtun dominated areas to be merged into Afghanistan. And, with the help of the US and Allied forces, the Afghans and the Baloch forces can flush out members of Al-Qaeda and Talebans from their respective countries.

A wise observer once said, “Pakistan is a completely superfluous and artificially created spot on the world map that has become a breeding ground for extremism, and trouble that would be best done away with.”


Mir Azaad Khan Baloch
General Secretary

Desk of The Government of Balochistan in Exile
The World Baloch Jewish Alliance Building
PO Box 5631
Jerusalem, 91000
ISRAEL

14 Comments:

  • Dear General Secretary of GOB in Exile,

    It's like peeling-off the truths about Pakistan and once the last one is peeled-off there is nothing left about that artificial country to talk about.

    As you rightly pointed out, NWFP is a breeding ground for Taliban and Al Qaeda and Pak's present sovereignty over the area is acting like a protective shield to those evil groups from US forces in Afghanistan. Bajaur attack on Al Jawahiri was protested by Pakistan as an infringement on the sovereginty of Pakistan and thus protecting Taliban and Al Qaeda. They knew and we al knew that NWFP does not belong to them. For that to be clear to the world, they should see the namelessness of the territory i.e. NWFP! It was a crust of Afghanistan taken by British as a buffer zone. Even the name of Pakistan - a monogram of several provinces it holds - the "A" in P"A"KISTAN stands for Afghania.

    As you righly pointed out that when NWFP comes under its righful owners then US forces would have unfettered access to these areas, so that there would be no place for Taliban and Al Qaeda to take shelter and that would ultimately lead to the elimination of the scourge of humanity from the face of earth. For that to happen NWFP should come under the control of Afghanistan and that would simultenesouly result in creation of an independent Balochistan.

    For us, the story is an eye opener. If it's not an eye opener to the US, then they keep putting their money in the bottomless pit called Pakistan with no result of eliminating Taliban+ Al Qaeda from the face of earth in future. It would keep enriching the coffers of Pakistan and its military rulers.

    US TAXPAYERS AND LAWMAKERS PLEASE TAKE NOT OF THIS ARTICLE!!

    I hope the world would see the simple, direct solution to the problems of this world i.e. dissolve Pakistan and you have solved the problems of the world in one go.

    By Anonymous Anonymous, at Saturday, May 13, 2006  

  • Durand line serves as a line of hate between mainland Afghanistan and Afghan People in both sides, which are Afghans And the Land Afghaistan: Karzai

    Dubbing Durand line as a line of hatred Afghan President Hamid Karzai has said he does not accept this line as it has raised a wall between the two brothers, and slices a part of Afghanistan from the motherland.
    He said this while talking to the journalists after offering condolence over the death of Khan Abdul Wali Khan.
    Karzai described the demise of Wali Khan as an irreparable loss to the whole world, especially for Pakhtuns and other nations in the region. The Afghan president hailed Wali Khan as an unforgettable and towering figure in the region’s political history, who had devoted his entire life to brining prosperity to the people.
    The last surviving son of the illustrious Khudai Khidmatgar Movement founder Khan Abdul Ghaffar Khan passed away on January 26 after a protracted illness at the ripe age of 89. Wali Khan was not a leader of Pakhtuns in Pakistan alone; he was a venerable figure for all Pakhtuns around the world and that is why I have come here today to represent the Afghan nation in offering condolences to his family, Karzai remarked. Karzai sympathised with Wali Khan's son and ANP central president Asfandyar Wali Khan and Begum Nasim Wali Khan. The bereaved family thanked Karzai for showing so much of respect to the former opposition leader, saying it was reflective of the strong bonds of fraternity between Pakhtuns on both sides of the border.
    We appreciate President Karzai's visit, which really signifies that the Afghan nation and we are like body and soul that can never be separated, said Asfandyar Wali Khan.
    After offering fateha, Karzai spoke of the issues he discussed with the Pakistani leadership during his three-day visit. In response to accusations by some quarters in Pakistan that Afghanistan was inciting violence in Balochistan, Karzai said his country remained a victim of terrorism and thus unable to foment trouble elsewhere. Unfortunately, Afghanistan itself is suffering terrorism and is unable to create problems for others, reiterated the Afghan leader, who claimed Pakistan had held out a firm assurance to act against miscreants intent upon creating instability in his country.
    Karzai assured Afghanistan would not let any one to spoil the relationship between the two nations. We will not allow any country, any government with whom Afghanistan has relations, to interfere in our ties with Pakistan, or to use our soil against Pakistan.
    About the killing of three Chinese engineers in Balochistan and its possible links to Afghan warlords and Indian consulates in Afghanistan, the visiting leader said his administration was keeping an eye on such elements. He, however, asserted warlordism and al-Qaeda in Afghanistan were a thing of the past.
    Regarding the presence of high-value targets in the region, Karzai admitted there was a need to intensify the exchange of information for the sake of stability in Afghanistan. He also referred to the ongoing reconciliation campaign, spearheaded by former president Sibghatullah Mujaddedi.
    The Taliban figures, with no links to al-Qaeda or other terrorist organisations, had been asked to return and find jobs in the government or other institutions, said Karzai, who went on to mention the example of Maulvi Arsala Rehmani.
    However, he hastened to explain the offer was not for Mullah Omer, who is answerable to the Afghan people, to the Muslims for the crimes against Islam, stopping children from going to schools.  

    By Blogger Sal, at Saturday, May 13, 2006  

  • As Afghanistan becomes stable day by day, and bulds its national army and police, Afghanistan will surly reclaim a part of its soil thats been illegaly seperated from the motherland and mainland Afghanistan.

    Every Afghan knows this, 30 years of war has left Afghanistan with millions of guns in the worng hands, its national police and army of 30 years ago destroyed, and its people mainly dispplaced and suffered the most.

    But every Afghans knwos this issue and as they rebuild their institutions they will, without a doubt regain part of their NEFP and complete the Afghan map.

    By Blogger Sal, at Saturday, May 13, 2006  

  • Dear Friend of the Baloch,

    Thank you for such a great analysis of my article. You have rightly understood that Pakistan’s days are numbered. Afghanistan must officially recognize the Government of Balochistan in Exile and join us to challenge the “legality” of the Durand Line Agreement in the International Court of Justice. When Afghanistan reclaims Pashtun dominated areas within Pakistan, Balochistan is bound to gain its independence.

    Together, the Afghans, Baloch and the Americans can eliminate the Al Qaeda-Pakistan-Taleban alliance from the region.

    Mir Azaad Khan Baloch
    General Secretary
    The Government of Balochistan in Exile

    By Blogger Govt. of Balochistan, at Sunday, May 14, 2006  

  • Dear Sal,

    President Hamid Karzai is absolutely right that the Afghan people should be united and not separated by an illegally demarcated border. The Durand Line should be abolished immediately. With assistance from the United Nations Security Council, this process could be done peacefully unless the Pakistanis decide otherwise.

    Mir Azaad Khan Baloch
    General Secretary
    The Government of Balochistan in Exile

    By Blogger Govt. of Balochistan, at Sunday, May 14, 2006  

  • Dear Sal,

    Afghanistan can gain its territory back without any bloodshed by challenging the “legality” of the Durand Line Agreement in the court of law. The United Nation will hopefully enforce its verdict in favor of Afghanistan.

    However, we firmly believe that Pakistan (or Punjabistan) will refuse to return Afghan territory. The Pashtuns in Pakistan must join the Baloch “now” and fight the Punjabis inside Pakistan without involving Afghanistan.

    The “Baloch War of Independence” is not only going to liberate Balochistan, but it should return illegally occupied Afghan territories back to Afghanistan.

    Mir Azaad Khan Baloch
    General Secretary
    The Government of Balochistan in Exile

    By Blogger Govt. of Balochistan, at Sunday, May 14, 2006  

  • Dear Secretary of GOB in Exile,

    Taliban (Mullah Omar) and Al Qaeda (Osama) story is incomplete without the connection between the ISI (Pak army and the President are implied) and MMA. The latest reports indicate that Indian engineer was killed by Taliban at the behest of ISI. If this is correct then there is a truth to the inter-connection among Taliban, ISI and Al Qaeda and Pak Army.

    I have a working asumption since 2001-02. When extremist MMA voted Musharraf for Presidentship there was an unwritten 'agreement' between MMA and Musharraf. Fazlur Rahman was to protect Osama on day-to-day movements as a price for Musharraf becoming the President. Given by the thief-like understanding between MMA and Musharraf & Pak Army would always target the small fish and leave Osama for himself.

    Musharraf & MMA would keep quiet and never brag about given the threat from the US.

    Can you therefore give some information, based on your contacts in Balochistan?

    By Anonymous Anonymous, at Sunday, May 14, 2006  

  • Dear Friend of the Baloch,

    The cowardly act of the Talibans to kill an innocent Indian in Afghanistan on the behest of the Pakistani intelligence agencies is deplorable. Yes, you are absolutely right that the Taliban and Al Qaeda are in cahoots with the Pakistan’s armed forces, General Pervez Musharraf, and Muttahida Majlis-e-Amal (MMA).

    Actions of Pakistani dictator, General Musharraf to date prove that he has a special relationship with MMA. It is not far-fetched to assume that he may have an unspoken ‘agreement’ to allow the MMA to operate freely in Pakistan as long as they don’t challenge his government.

    To appease and minimize pressure from the US government, the Pakistanis have decided to throw bones at the Americans once in a while by killing or arresting the ‘small fish’ terrorists. This strategy has worked for Pakistan until now. But, the world is becoming aware of Pakistan’s true role in global terrorism.

    For years, Baloch nationalists and India have tried to tell the world that Al Qaeda, Pakistan, and Taliban are one and the same group of people. And, hopefully, the global community is now listening to us.

    Mir Azaad Khan Baloch
    General Secretary
    The Government of Balochistan in Exile

    By Blogger Govt. of Balochistan, at Monday, May 15, 2006  

  • Very interesting post...

    By Blogger Jeff, at Monday, May 15, 2006  

  • Dear Jeff,

    Thank you for your encouraging comment. By declaring the Durand Line Agreement illegal, the US forces together with Afghan and Baloch forces can flush out the Al Qaeda and Taliban members from the region.

    Hope someone at the State Department is taking note of our blog.


    Mir Azaad Khan Baloch
    General Secretary
    The Government of Balochistan in Exile

    By Blogger Govt. of Balochistan, at Monday, May 15, 2006  

  • Dear Secretary of GOB,

    China claimed back Hong Kong in 1997 after expiry of 100 years Agreement with British. We know that Afghanistan was unstable in 1993. Fearing a stable Afghanistan would take back NWFP (Afghania), Pakistan stoked Taliban fire in Afghanistan. Even they do it now clandestinely through ISI.

    If China can - though the Agreement was between a different ruler then with British - claim Hong Kong, why not Afghanistan claim back Afghania(NWFP) now?

    By Anonymous Anonymous, at Saturday, May 20, 2006  

  • Dear friend of the Baloch,

    The British had a lease agreement with China that specified that the lease would expire after 100 years in 1997. The Durand Line Agreement doesn’t specify a time limit. The whole purpose of this article is clarify that the Durand Line Agreement is null and void because it’s illegal to draw boundaries without the involvement of all concerned parties; in this case, Balochistan being a concerned party, was never consulted.

    Hence, Afghanistan should certainly take this matter to the International Court of Justice and claim back Pashtun dominated areas that are illegally occupied by Pakistan, namely NWFP and certain areas within the Pakistani occupied Balochistan province.

    Mir Azaad Khan Baloch
    General Secretary
    The Government of Balochistan

    By Blogger Govt. of Balochistan, at Saturday, May 20, 2006  

  • this is great now our Balochi friens are writing and telling and discussing politics and speaking out about thier land balochistan .

    I am very glad for them as an afghan man

    By Anonymous Anonymous, at Saturday, August 19, 2006  

  • Best wishes from us Indians, we are with you our Afghan and Baluch brothers and sisters. You derserve freedom in the way Bangladesh had achived its freedom from the evil Pakistan in 1971. We hope oneday, the people of Sindh also will gain freedom from the Pakistanis, who are nothing but terrorists, who have turned Afghanistan into rubbles.

    By Anonymous Anonymous, at Friday, September 08, 2006  

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