Swat Peace Accord

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Country/entity: Pakistan
Taliban
Region: Asia and Pacific
Cross-regional
Agreement name: Swat Peace Accord
Date: 16 Feb 2009
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: Taliban; Pakistani Government
Third parties: -
Description: Short agreement of 14 points reaffirming a prisoner exchange, the implementation of Shari'a Law in Swat Valley, and placing restrictions on the Taliban, including refraining from attacking barber and music shops or showing weapons in public, among other points.

Agreement document: PK_090216_Swat Peace Accord.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 1, 11. The Taliban will cooperate with the government to vaccinate children against diseases like polio;
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: Page 1, 14. The Taliban will allow women to work without any fear.
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: Governance→Constitution→Constitutional reform/making
Page 1, 1. The Sharia law will be imposed in Swat, including the whole Malakand division;

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, 13. Only licensed FM radio stations would be allowed to operate in the
region
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: No specific mention.

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: Psge 1, 5. The Taliban will halt attacks on barber and music shops;
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 1, 12. The Madrassa of Maulana Fazlullah in Imam Dherai would be turned into an Islamic University;
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
Page 1, 4. The Taliban will recognise the writ of the government and they will cooperate with the local police;
5. The Taliban will halt attacks on barber and music shops;
[...]
9. The Taliban will denounce suicide attacks;
Police: Page 1, 4. The Taliban will recognise the writ of the government and they will cooperate with the local police;
Armed forces: Page 1, 2. The Army will gradually withdraw security forces from the region;
DDR: Security sector→DDR→Demilitarisation provisions
Page 1, 6. The Taliban will not display weapons in public;
7. The Taliban will turn in heavy weapons like rocket launchers and mortars to the government;
8. The Taliban will not operate any training camps;
[...]
10. A ban would be placed on raising private militias;
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 1, 3. The government and the Taliban will exchange prisoners;
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: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/sites/peacemaker.un.org/files/PA_090116_Swat%20Peace%20Accord.pdf

TEXT OF SWAT PEACE ACCORD

(February 16, 2009)

The Sharia law will be imposed in Swat, including the whole Malakand division;

The Army will gradually withdraw security forces from the region;

The government and the Taliban will exchange prisoners;

The Taliban will recognise the writ of the government and they will cooperate with the local police;

The Taliban will halt attacks on barber and music shops;

The Taliban will not display weapons in public;

The Taliban will turn in heavy weapons like rocket launchers and mortars to the government;

The Taliban will not operate any training camps;

The Taliban will denounce suicide attacks;

A ban would be placed on raising private militias;

The Taliban will cooperate with the government to vaccinate children against diseases like polio;

The Madrassa of Maulana Fazlullah in Imam Dherai would be turned into an Islamic University;

Only licensed FM radio stations would be allowed to operate in the region

The Taliban will allow women to work without any fear.