Srarogha Peace Agreement

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Country/entity: Pakistan
Taliban
Region: Asia and Pacific
Cross-regional
Agreement name: Srarogha Peace Agreement
Date: 7 Feb 2005
Agreement status: Unilateral document
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
India-Pakistan Conflict (1947 - ) and the Pakistani Taliban (2001 - )
Two distinct contexts have generated agreements.

India-Pakistan Conflict (1947 - )
The roots of the India-Pakistan Conflict lay in the partition of the British Indian Empire following the end of World War II, and the creation of the predominately Muslim Dominion of Pakistan (now Pakistan and Bangladesh) and the Union of India in 1947. Fuelled by Hindu and Muslim nationalism, the political partition spurred the largest mass migration as minorities sought reference among their communal majorities. Retaliatory violence on both sides led to the deaths of 200,000 to 500,000 people.

A few weeks following the partition, Pakistan sent tribal militias into the Princely State of Jammu and Kashmir, sparking the Indo-Pakistan War of 1947. Two other wars broke out in 1965 and in 1991, as well as a number of skirmishes over the Siachan Glacier. The conflict has seen less casualties since the announcement of a ceasefire in 2003, despite frequent violations by both sides. Public unrest remains sporadic and there has been occasional actions by Islamic militants. In addition, despite a decrease in human rights conditions by occupying forces on both sides, abuses are still documented.

Another dimension of the conflict developed in 1997, after Pakistan announced a successful nuclear test. Since then there has been a proliferation of treaties ensuring clear lines of communication in regards to nuclear testing and accidents to deter accidental escalation.

Pakistan-Afghanistan-US Conflict (2001 - )
Since the 2000s, the Afghanistan war had a noticeable spill-over effect to Pakistan. The Afghan Taliban maintain several strongholds in the western parts of Pakistan, especially in the Northwest Tribal Region. Native Islamist guerrilla outfits also remain active in the region and in 2007 they formed the umbrella organisation known as the Pakistan Taliban until it splintered into four different groups in 2014.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Pakistan-Taliban process
Parties: Baitullah Mehsud [Commander of Tehrik-i-Taliban Pakistan];
21-member tribal committee and members of Jirga Mehsud Tribe; South Waziristan Agency.
Third parties: -
Description: Short agreement extending Shakai Agreement principles to the Taliban commander Baitullah Mehsud, forbidding the shelter and aid of foreign fighters, and providing for a hiatus on targeting government representatives and buildings in exchange for amnesty. The agreement is unilateral reflecting a cross Tribe agreement to accept the government's proposed terms.

Agreement document: PK_050207_Sra Rogha Agreement btw the Tribe Mehsud and the Government of Pakistan.pdf (opens in new tab) | Download PDF
Agreement document (original language): PK_050207_Sra Rogha Agreement_UR.pdf (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: Justice sector reform→Criminal justice and emergency law→Delimitation of powers in Criminal Justice System
Page 1, 4. Mehsud Tribe also agrees that if any person or a group unrelated to Baitullah’s group is found suspect or guilty in Mehsud territory then the tribe will fulfill its legal obligation following its custom and hand them over to the government. The government would have the right to take legal action according to the FCR3.

Page 1, 6. God forbid, in case of violation of this agreement, the local government has the right to proceed in accordance with the existing laws.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: Page 1, 4. Mehsud Tribe also agrees that if any person or a group unrelated to Baitullah’s group is found suspect or guilty in Mehsud territory then the tribe will fulfill its legal obligation following its custom and hand them over to the government. The government would have the right to take legal action according to the FCR3.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, 6. God forbid, in case of violation of this agreement, the local government has the right to proceed in accordance with the existing laws.
Ceasefire: Security sector→Ceasefire→General commitments
Page 1, 2. Baitullah and his allies will neither open fire on government functionaries from their territory nor target government installations. Hence, they will not pose an obstacle to any development project.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: [Summary] Baitullah Mehsud is a commander of the TTP [Tehrik-i-Taliban Pakistan]

Page 1, 1. Baitullah and his allies will neither shelter nor assist any foreign militant in their territory.

Page 1, 2. Baitullah and his allies will neither open fire on government functionaries from their territory nor target government installations. Hence, they will not pose an obstacle to any development project.

Page 1, 3. Baitullah and his allies will be exempted from any legal proceedings that were required against them in the past in government’s opinion. However, if any member or members of the group are found to be involved in sabotage or related activities in the future, they would be dealt with in accordance with the prevailing laws of FATA2 and if they are found in Mehsud territory, Mehsud tribe will be bound to hand them over to the government.
Withdrawal of foreign forces: Page 1, 1. Baitullah and his allies will neither shelter nor assist any foreign militant in their territory.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 1, 3. Baitullah and his allies will be exempted from any legal proceedings that were required against them in the past in government’s opinion. However, if any member or members of the group are found to be involved in sabotage or related activities in the future, they would be dealt with in accordance with the prevailing laws of FATA2 and if they are found in Mehsud territory, Mehsud tribe will be bound to hand them over to the government.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, 5. The political administration and the Tribe through mutual consultation and according to the prevailing conditions will try to solve together all unresolved issues that may arise in the future and that are not explicitly discussed in this agreement.
Related cases: No specific mention.
Source: On file with author. Sourced from FATA Tribal Affairs Office.

In the name of Allah who is the most beneficent and the most merciful(1)

Agreement

Between the Tribe Mehsud and the Government of Pakistan

As Baitullah and his allies have come to an agreement with the 21-member committee formed by the Mehsud tribe, the Mehsud tribe agrees to the following:

Baitullah and his allies will neither shelter nor assist any foreign militant in their territory.

Baitullah and his allies will neither open fire on government functionaries from their territory nor target government installations.

Hence, they will not pose an obstacle to any

development project.

Baitullah and his allies will be exempted from any legal proceedings that were required against them in the past in government’s opinion.

However, if any member or members of the group are found to be involved in sabotage or related activities in the future, they would be dealt with in accordance with the prevailing laws of FATA(2) and if they are found in Mehsud territory, Mehsud tribe will be bound to hand them over to the government.

Mehsud Tribe also agrees that if any person or a group unrelated to Baitullah’s group is found suspect or guilty in Mehsud territory then the tribe will fulfill its legal obligation following its custom and hand them over to the government.

The government would have the right to take legal action according to the FCR(3).

The political administration and the Tribe through mutual consultation and according to the prevailing conditions will try to solve together all unresolved issues that may arise in the future and that are not explicitly discussed in this agreement.

God forbid, in case of violation of this agreement, the local government has the right to proceed in accordance with the existing laws.

Baitullah

21-member tribal committee and members of Jirga(4) Mehsud Tribe (conglomerate) South Waziristan Agency

Date:

7th February, 2005.

[Non-Official Translation by Aurangzeb Haneef]

(1) In original document, this invocation was replaced by its numerical value of Arabic letters.

i.e. 786, and it is a common means of opening in document.

(2) Federally Administered Tribal Areas

(3) Frontier Crimes Regulations

(4) Traditional assembly of tribal elders for decision making through consensus.