Shakai Peace Agreement

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Country/entity
Pakistan
Taliban
Region
Asia and Pacific
Cross-regional
Agreement name
Shakai Peace Agreement
Date
5 Jul 2004
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( India-Pakistan Conflict (1947 - ) and the Pakistani Taliban (2001 - ) )
Stage
Framework/substantive - partial
Conflict nature
Government/territory
Peace process
Pakistan-Taliban process
Parties
The members and elders of tribe Isperka, Musa Khel, [six tribe names illegible], residents of the territory of Shakai, District Wana; South Waziristan Agency.
[Three Signatories]
Third parties
-
Description
Short agreement between the residents of Wana and the South Waziristan Agency to cease protection of foreign terrorists; provide access to government agents; not hinder development; the tribe will provide protection to government officials; any foreign terrorists will be handed over. The tribes will be granted 40,000,000 rupees.

Agreement document
PK_040705_Shakai Agreement.pdf | Download PDF
Agreement document (original language)
PK_060905_Shakai Agreement_UR.pdf | 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
Human rights and equality→Socio-economic rights→Property
Page 1, [Final Clause] ... In case of violation, the government would have the right to confiscate the collateral and other property, movable and immovable. We will have no excuse (justification).

Rights related issues

Citizenship
No specific mention.
Democracy
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Mobility/access
Page 1, 3. There will no blockade to any government official's movement or any damage to government property in out territory [illegible]. We shall also not cause any hurde in development works. ...
Protection measures
Rights related issues→Protection measures→Other
Page 1, 3. ... Also, either on the basis of a (verifiable) report or suspicion, whenever the government or army requires assistance of tribal volunteer fighters, we will help in every way possible at the tribal level. ...

Page 1, 4. We will provide complete protection and every possible assistance to the government officials in our territory [illegible].

Page 1, ... [Final Clause] And that we will take care of and protect our territory of “__”.6 ...
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
Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, 3. There will no blockade to any government official's movement or any damage to government property in out territory [illegible]. We shall also not cause any hurde in development works. ...
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, 3. ... Also, either on the basis of a (verifiable) report or suspicion, whenever the government or army requires assistance of tribal volunteer fighters, we will help in every way possible at the tribal level. ...

Page 1, 4. We will provide complete protection and every possible assistance to the government officials in our territory [illegible].

Page 1, ... [Final Clause] And that we will take care of and protect our territory of “__”.6 ...
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
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
Page 1, 1. We shall not provide any sort of shelter or assistance to any local or foreign terrorist in our territory [illegible].

Page 1, 2. Our tribe(s) shall not condone if any foreign terrorist is found in our territory or in someone's house. We shall hand him and the one who gave him shelter, over to the authorities without any hesitation.

Page 1, 5. We will be bound to hand over the elements suspected of territory to the government without any excuse or condition.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
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
No specific mention.
Related cases
No specific mention.
Source
On file with author. Sourced from FATA Tribal Affairs Office.

Shakai Agreement dated July 5, 20041

We, the members and elders of tribe Isperka, __2, __, __, __, __, Musa Khel, __, residents of the territory Shakai, District Wana, South Waziristan Agency, provide guarantee in writing that:

Weshallnotprovideanysortofshelterorassistancetoanylocalorforeignterroristinour territory “__”3.

Our tribe(s) shall not condone if any foreign terrorist is found in our territory or in someone’s house.

We shall hand him and the one who gave him shelter, over to the authorities without any hesitation.

There will be no blockade to any government official’s movement or any damage to government property in our territory “__”4.

We shall also not cause any hurdle in development works.

Also, either on the basis of a (verifiable) report or suspicion, whenever the government or army requires assistance of tribal volunteer fighters, we will help in every way possible at the tribal level.

We will provide complete protection and every possible assistance to the government officials in our territory “__”.5

Wewillbeboundtohandovertheelementssuspectedofterrorismtothegovernment without any excuse or condition.

And that we will take care of and protect our territory of “__”.6 Considering the above mentioned conditions, we tribe(s) for a total of four crore rupees, out of which one fourth, that is one crore cash payment is included “__”.7 In case of violation, the government would have the right to confiscate the collateral and other property, movable and immovable.

We will have no excuse (justification).

Three signatories.8 Date:

July 5, 2004.

[Non-official Translation by Aurangzeb Haneef]

1 Hand-written note in margins 2 Names of tribes illegible.

3 Illegible.

4 Illegible.

5 Illegible.

6 Illegible.

7 Some parts of this statement are illegible.

8 Signatories only partially legible