North West Frontier Province Government’s Agreement with the Taliban

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Country/entity: Pakistan
Taliban
Region: Asia and Pacific
Cross-regional
Agreement name: North West Frontier Province Government’s Agreement with the Taliban
Date: 21 May 2008
Agreement status: Multiparty signed/agreed
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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Pakistan-Taliban process
Parties: Pakistani Government; Pakistani Taliban
Third parties: -
Description: Short agreement outlining 16 points that guide the parameters of the Taliban and the Pakistani Government in the North West Frontier Province.

Agreement document: PK_080522_North West Frontier Province Government Agreement with Taliban.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 1, 9. There will be no ban on health teams administering vaccination or drops to children against diseases like polio. There will be no ban on girls’ education
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: Groups→Religious groups→Substantive
Page 1, 3. No one will attack other’s religion

Page 1, 15. Imam Dheri will be converted into an Islamic university under the management of a committee comprising representatives of government and Taliban
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: Page 1, 7. Non-local militants will be immediately handed over to the government. Attacks on barber shops and markets visited by women should be stopped

Page 1, 9. There will be no ban on health teams administering vaccination or drops to children against diseases like polio. There will be no ban on girls’ education
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, 1. Taliban of Swat will accept the writ of the provincial and central governments of Pakistan and will remain in the ambit of that

Page 1, 2. Shariat-e-Muhammadi will be implemented in Malakand Division
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: Rights related issues→Media and communication→Media logistics
Page 1, 12. Speeches will be allowed only on that FM radio having licence
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: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: Page 1, 2. Shariat-e-Muhammadi [Law of Muhammed/Shari'a Law] will be implemented in Malakand Division

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: Land, property and environment→Cultural heritage→Tangible
Page 2, 15. Imam Dheri will be converted into an Islamic university under the management of a committee comprising representatives of government and Taliban
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, 6. Army withdrawal will be gradual keeping in view the security situation in the area

Page 1, 7. Non-local militants will be immediately handed over to the government. Attacks on barber shops and markets visited by women should be stopped

10. There will be complete ban on display of arms and only arms having licence would be allowed

Page 1, 11. Kidnapping and car lifting should be condemned and eliminated. All centres used for training militants and use of explosives must be eliminated

13. Local Taliban will cooperate with government in investigations of cases against those involved in murders, dacoities and kidnapping

Page 1, 14. The government will take action against thieves, dacoits, kidnappers and others involved in such crimes
Ceasefire: Security sector→Ceasefire→General commitments
Page 1, 5. Government machinery, law enforcement agencies, government officials, buildings and installations, police stations, policemen, police lines, army, Frontier Corps, Frontier Constabulary, bridges, roads, and electricity installations will not be attacked; there will be a complete ban on keeping private militias, there will be no suicide attacks, there will be no blasts in personal or governmental buildings, and there will be no remote-controlled bomb blasts
Police: No specific mention.
Armed forces: Page 1, 6. Army withdrawal will be gradual keeping in view the security situation in the area
DDR: Security sector→DDR→Demilitarisation provisions
Page 1, 10. There will be complete ban on display of arms and only arms having licence would be allowed

Page 1, 11. Kidnapping and car lifting should be condemned and eliminated. All centres used for training militants and use of explosives must be eliminated
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 7. Non-local militants will be immediately handed over to the government. Attacks on barber shops and markets visited by women should be stopped
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: Page 1, 7. Non-local militants will be immediately handed over to the government. Attacks on barber shops and markets visited by women should be stopped
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 1, 4. Prisoners will be released after reviewing the cases against them
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 1, 8. Government will compensate the deserving people affected by the operation in Swat
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 2, 16. Minister for Environment Wajid Ali Khan, Dr Shamsher Ali Khan, DIG of Malakand, and DPO of Swat from the government’s side and Muhammad Amin, Ali Bakht, Muslim Khan, Mehmood Khan and Nisar Khan from Taliban side are members of the committee to oversee implementation of the agreement.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/pakistan-northwest-taliban2008

THE NORTH WEST FRONTIER PROVINCE GOVERNMENT’S AGREEMENT WITH

THE TALIBAN 21 May 2008

1. Taliban of Swat will accept the writ of the provincial and central governments of Pakistan and will remain in the ambit of that

2. Shariat-e-Muhammadi will be implemented in Malakand Division 3.

No one will attack other’s religion

4. Prisoners will be released after reviewing the cases against them

5. Government machinery, law enforcement agencies, government officials, buildings and installations, police stations, policemen, police lines, army, Frontier Corps, Frontier Constabulary, bridges, roads, and electricity installations will not be attacked;

there will be a complete ban on keeping private militias, there will be no suicide attacks, there will be no blasts in personal or governmental buildings, and there will be no remote-controlled bomb blasts

6. Army withdrawal will be gradual keeping in view the security situation in the area

7. Non-local militants will be immediately handed over to the government.

Attacks on barber shops and markets visited by women should be stopped

8. Government will compensate the deserving people affected by the operation in Swat

9. There will be no ban on health teams administering vaccination or drops to children against diseases like polio.

There will be no ban on girls’ education

10. There will be complete ban on display of arms and only arms having licence would be allowed

11. Kidnapping and car lifting should be condemned and eliminated.

All centres used for training militants and use of explosives must be eliminated

12. Speeches will be allowed only on that FM radio having licence

13. Local Taliban will cooperate with government in investigations of cases against those involved in murders, dacoities and kidnapping

14. The government will take action against thieves, dacoits, kidnappers and others involved in such crimes

15. Imam Dheri will be converted into an Islamic university under the management of a committee comprising representatives of government and Taliban

16. Minister for Environment Wajid Ali Khan, Dr Shamsher Ali Khan, DIG of Malakand, and DPO of Swat from the government’s side and Muhammad Amin, Ali Bakht, Muslim Khan, Mehmood Khan and Nisar Khan from Taliban side are members of the committee to oversee implementation of the agreement.

Source:

Daily Times (Pakistani Newspaper), 22 May 2008