Daily Times

Handling the burden of almost three million refugees, disputed border, absconding of militants across the border, and to accusations of instability in each other’s state of affairs, Pak-Afghan relations have never enjoyed a honeymoon period. There is a complicated history of border, and it is still a bone of contention between the two states. Though the Durand Line is accepted as a marked boundary by the UN, the Afghan government on 26th July, 1949 unilaterally declared that it considered the Durand Line as an imaginary line and that all previous Durand Line agreements were therefore invalid. However, Pakistani governments have continuously maintained that the Durand Line is the legal border between the two countries due to the international law principle of uti possidetis juris.

It is also argued by some Afghans that as the Durand Line Agreement spells out respective spheres of influence it was never intended to physically divide the border. However, as per Pakistan’s stance, Article IV and V of the initial agreement and later agreements make it very clear that the border was to be demarcated, and Afghanistan regularly received subsidies, thereby accepting it as a de facto border. Afghan Pashtun elites argue that the line splits up their tribes and that the 21st century border management would threaten their way of life. During the partition, Pashtuns were given a limited choice: to join either Pakistan or India. As a result, time and again, Pashtun leaders have cited the violation of the “right to self-determination” of Pashtuns on both sides to argue against the line’s legitimacy. Today, Pashtuns are not only clustered around the Durand Line but they are also possibly the largest tribal society in the world, with a population of more than 42 million people in several countries, comprised of an estimated 60 distinct tribes with approximately 400 sub-clans. Even the Pashtuns who live along the Durand Line are organised in many separate tribes and clans, and are not as closely knit as often stated.

Afghanistan being a landlocked country depends on Pakistan for most of its livelihood needs. Thousands of people cross the Chaman and Torkham border points daily, which include legal immigrants, traders, personnel from NGOs, and NATO assets. In addition to that, hundreds of illegal crossings take place daily, using both frequented and unfrequented routes. Apart from giving a place to refugees during the Soviet invasion of Afghanistan, and living in Pakistan for decades, these Afghan nationals are not willing to return to their homes. Pakistan has had to pay a huge price for being generous and offering its land to Afghan refugees during hard times. In return it was given the gift of border skirmishes and Taliban insurgents.

During the last few years, terrorist sanctuaries and cross-border attacks have emerged as a serious issue. Terrorists from the Tehreek-e-Taliban Pakistan are hiding in and operating from their sanctuaries in Kunar and Nuristan provinces of Afghanistan since 2010. Foreign fighters like Uzbeks and Chechens also use this less-than-well managed border for penetration in Pakistan and carry out terrorist activities. The presence of Indian consulates along the border are said to be contributing towards destabilising Pakistan by providing material and financial support to terrorists and sub-nationalist groups.

The recent skirmish on the border began when Pakistan, last month, decided to fence the border to control illegal movement, but Afghanistan objected on this move by Pakistan. Afghanistan strengthened its security forces along the border, thus compelling Pakistan to send tanks and troops in armoured carriers to the Torkham border. The already strained situation worsened in no time when the Afghan border security forces prevented Pakistani security personnel from installing barbed wire fences along the border. However, the issue was resolved when the Afghan ambassador called on the Pakistan chief of army staff. Pakistan graciously handed over the Angoor Adda check post to Afghanistan, but later the tension escalated with exchange of fire from both sides.

Pakistan is constructing a gate to check movement of terrorists and monitor illegal crossings through Torkham, but the firing by the Afghan forces exacerbated the situation, indicating that it was aimed to disrupt the construction of gate inside the Pakistani territory.

Pakistan considers vigilance on border as an effective method to control infiltration of miscreants. Following the traces of the Charsadda university attack to kidnapping of two high profile persons from Pakistan, and many other reports of militant acts in Pakistan, the Torkham border was used by terrorists as an easy way to travel to and from Afghanistan. When President Ashraf Ghani took the charge of his office in Afghanistan, a ray of hope emerged between the two countries to improve their relationship. But with the passage of time, Afghan officials started accusing Pakistan for instability in Afghanistan, and named in particular the Haqqani network from Pakistan for acts of violence in Afghanistan. For Pakistan, the Afghan intelligence agency, National Directorate of Afghanistan, seems to be the troublemaker, as whenever relations between the two neighbours start to be restored a misfortune occurs.

In the context of instability in Pak-Afghan relationship, border management is not the only important subject. The presence of the US and NATO troops on Afghan soil, growing Iranian influence, Indo-Iran nexus for Afghanistan in terms of trade and economy, and the presence of India’s sympathisers in the Afghan government and security agency are triggers to topple the Pak-Afghan relationship any time. Pakistan has made tremendous efforts to improve security inside its land cleansing it of terrorists; moreover, Pakistan has always raised voice for regional peace and stability. Pakistan has moved for fencing the border after seeing the sluggish response from the Afghan officials in keeping a check on terrorists’ penetration in adjoining areas of the border, and attempts to carry out any heinous militant act.

The only way forward for long-term improved relations between the two states lies in restoration of the dialogue process, and the value of reaching a final agreement on the Durand Line to be recognised by Afghanistan as an international border. Pakistan looks toward a stable Afghanistan in future for regional peace, and the fencing of the Torkham border can be the first step to stop infiltration of terrorists causing instability on both sides. Instead of thrashing old wounds, this border screening should be considered as closure of old border hostilities, and a positive development based on humanitarian grounds between the two neighbours sharing rich cultural and religious affinity.

The writer works for an Islamabad-based think tank, Pakistan Institute for Conflict and Security Studies