Srarogha Peace Agreement

  • 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
  • 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.


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.