Tribes and Intrastate Conflict: Using Indigenous Methods for Conflict Resolution in Pakistan’s Tribal Frontier Farooq Yousaf Master of Public Policy (M.P.P) - University of Erfurt (Germany) A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy in Politics The University of Newcastle January 2019 This research was supported by an Australian Government Research Training Program (RTP) Scholarship Statement of Originality I hereby certify that the work embodied in the thesis is my own work, conducted under normal supervision. The thesis contains no material which has been accepted, or is being examined, for the award of any other degree or diploma in any university or other tertiary institution and, to the best of my knowledge and belief, contains no material previously published or written by another person, except where due reference has been made. I give consent to the final version of my thesis being made available worldwide when deposited in the University’s Digital Repository, subject to the provisions of the Copyright Act 1968 and any approved embargo. Farooq Yousaf ii Acknowledgements I would like to, first of all, thank my primary supervisor, Dr Tod Moore, for his never-ending support and feedback on my thesis since April 2015. It was due to his support that for I never felt pressured and stressed throughout the writing process of my thesis. Dr Moore always remained available to give me feedback not only my thesis but other academic works as well. Secondly, I would like to thank my second supervisor, Dr John Tate, who, in the final part of my PhD, spent a lot of time to give me constructive feedback on my work. I understand that he came on board late due to various reasons, however, I am greatly thankful to him for his constructive feedback on my thesis. His feedback, in limited time, helped me further improve my thesis. I am also thankful to the Australian Government and the University of Newcastle for funding my PhD study through the Research Training Programme (RTP) scholarship. Without this funding, I could have never fulfilled my dream of pursuing a PhD from a well-reputed university. I would also like to thank the UoN FBL staff, who have always helped me with all my issues and enquiries. I would also like to thank my former second supervisor, Dr Rob Imre, because of whom I came to Newcastle in the first place. It was Dr Imre who responded to my PhD supervision enquiry email and not only agreed to supervise me, but also encouraged me to apply for the University of Newcastle (UoN) PhD funding. At the Politics department at UoN, I would especially like to thank Dr Jim Jose and Mr Japhace Poncian. Dr Jose, even though not my supervisor, was always available for advice and feedback whenever I called upon him. On the other hand, Mr Poncian was not only a colleague but also a friend, who not only taught me a lot but also co-authored two papers with me. His iii friendship and on and off feedback on my work helped me further evaluate and improve my thesis. I would like to especially thank Dr Furrukh Zad, whom I have known since 2012 in Germany and who was my second supervisor for my Master’s thesis. It was Dr Zad who formally taught me social science research and gave me insights on various theoretical approaches in Political Science and IR. Even today, Dr Zad is always available to help and guide me. Dr Zad has also played an important role in my academic journey. I would also like to thank Mr Imtiaz Gul, Executive Director CRSS, because of whom I started “writing” formally, which ultimately led me to this PhD. Because of his mentoring, for the past 8 years, I was able to “write” and develop an interest in political science and conflict studies. He might not know this, but after my parents, it is Mr Gul who played the most important role in my personal and professional development. Most importantly, I am indebted, forever, to my parents and my brother – my father Yousaf Jamal, my mother Khalida Yousaf and my brother Omer Yousaf – for their support, love and care. Without them, I would have never made it this far in life. Also without my parents’ sacrifices, I would have never been able to pursue quality higher education. It is them who give me the motivation to carry on in life. In short, I owe them everything. I am also thankful to my Mother (in Law), Shayne Englebrecht, who gave me a home away from home in Singleton. She welcomed me in her family at a very critical time in my life, and therefore gave me a safety net that I could fall back on in times of stress or need. She has always treated me like her son and made me feel home in Australia. iv Finally, I would like to thank my wife Lacey, who had to bear with me during my thesis writing and submission process. Without her love, care and support, finishing this thesis would have been a lot harder than it ultimately was for me. Her support throughout the last 12 months kept me going during the final stages of my thesis. Farooq Yousaf v Table of Contents STATEMENT OF ORIGINALITY II ACKNOWLEDGEMENTS III GLOSSARY AND ACRONYMS IX LIST OF CHARTS XI LIST OF MAPS XI LIST OF TABLES XI LIST OF RELATED PUBLICATIONS XII ABSTRACT XIII INTRODUCTION 2 BACKGROUND AND RATIONALE 2 RESEARCH PROBLEM STATEMENT 7 RESEARCH QUESTIONS 8 LIMITS OF THE RESEARCH DATA 10 STRUCTURE OF CHAPTER EIGHT 11 RESEARCH DESIGN OVERVIEW 11 CHAPTER OUTLINE 12 1.0. LITERATURE REVIEW 19 1.1. TRIBAL SOCIETIES, CULTURE, AND INDIGENOUS CONFLICT RESOLUTION 20 1.1.1. TRIBAL SOCIETIES 20 1.1.2. SEGMENTARY LINEAGE AND TRIBAL SOCIETIES 24 1.1.3. CONFLICT RESOLUTION AND CULTURE 30 1.1.4. POSTCOLONIALISM AND INDIGENOUS CONFLICT RESOLUTION 33 1.2. PAKISTAN’S COLONIAL LEGACY AND PASHTUN TRIBAL AREAS 37 1.2.1. PAKISTAN’S COLONIAL LEGACY 37 1.2.2. THE PASHTUN JIRGA AND PASHTUNWALI 38 1.2.3. CONFLICT IN THE FATA REGION 40 1.3. GAP IN LITERATURE 42 1.4. CONCLUSION 48 2.0. RESEARCH DESIGN 51 vi 2.1. RESEARCH METHODOLOGY 51 2.2. POSTCOLONIALISM AS AN ANALYTICAL FRAMEWORK 56 2.3. RESEARCH LIMITATIONS AND PROBLEMS OCCURRED 58 2.4. CONCLUSION 59 3.0. PASHTUNS: A HISTORICAL BACKGROUND 62 3.1. A SHORT INTRODUCTION TO PASHTUNS 62 3.2. PASHTUNWALI – THE WAY OF THE PASHTUNS 74 3.2.1. PROBLEMS WITH PASHTUNWALI 85 3.3. PASHTUNS AND SEGMENTARY LINEAGE 88 3.4. CONCLUSION 95 4.0. INDIGENOUS CONFLICT RESOLUTION AND PASHTUN JIRGA 98 4.1. INDIGENOUS CONFLICT RESOLUTION AROUND THE WORLD 98 4.2. THE PASHTUN JIRGA 101 4.2.1. A BRIEF INTRODUCTION TO PASHTUN JIRGA 101 4.2.2. LEVELS OF JIRGA 104 4.2.3. JIRGA’S HISTORICAL ROLE IN TRIBAL AREAS AND AFGHANISTAN 108 4.3. LASHKAR 113 4.4 CRITIQUE OF JIRGA AND LASHKAR 115 4.5. CONCLUSION 116 5.0. PAKISTAN’S POSTCOLONIAL PREDICAMENT IN THE PASHTUN TRIBAL AREAS 119 5.1. A BRIEF INTRODUCTION TO POSTCOLONIALISM 119 5.1.1. WHAT IS POSTCOLONIALISM? 119 5.1.2. POSTCOLONIALISM AND ALTERITY 123 5.1.3. POSTCOLONIALISM AND INDIGENOUS CONFLICT RESOLUTION 124 5.1.4. CRITIQUE ON POSTCOLONIAL THEORY / POSTCOLONIALISM 127 5.2. “TRIBAL” PASHTUNS, COLONIAL LITERATURE AND THEIR REPRESENTATION 129 5.3. PAKISTAN – A POSTCOLONIAL STATE? 133 5.3.1. PAKISTAN’S POSTCOLONIAL DILEMMA 133 5.3.2. THE FRONTIER CRIMES REGULATION (FCR), FATA AND PASHTUN JIRGA 145 5.4. CONCLUSION 158 6.0. FATA - COLONIAL LEGACIES LEADING TO MILITANCY 160 6.1 FATA’S ACCESSION TO PAKISTAN 161 6.2. MILITANCY AND VIOLENCE IN PAKISTAN’S PASHTUN TRIBAL AREAS 164 6.2.1. PAKISTAN-AFGHANISTAN RELATIONS (1947 -1979) 164 6.2.2. PAKISTAN-AFGHANISTAN RELATIONS (1979-1989) 167 6.2.3. OSAMA BIN LADEN AND THE MUJAHEDEEN 170 6.2.4. MILITANCY IN FATA POST-SOVIET WITHDRAWAL FROM AFGHANISTAN (1989-2001) 172 6.2.5. MILITANCY IN FATA REGION (2001-PRESENT) 174 vii 6.2.6. US DRONE STRIKES IN FATA 180 6.3. MILITANT GROUPS IN FATA 184 6.3.1. TRANSNATIONAL GROUPS 184 6.3.2. PAKISTANI TALIBAN 188 6.4. CONCLUSION 194 7.0. MILITARY OPERATIONS AND PEACE DEALS IN THE TRIBAL AREAS 197 7.1. PAKISTANI MILITARY OPERATIONS IN FATA (2002-2017) 198 7.1.1. MILITARY ACTIONS 199 7.1.2. PAKISTANI MILITARY STRATEGY IN FATA (2002-PRESENT) 206 7.1.3. EFFECTIVENESS OF MILITARY OPERATIONS 208 7.2. MAJOR PEACE DEALS IN FATA SINCE 2001 226 7.3.1. THE SHAKAI PEACE AGREEMENT (2004) 228 7.3.2. SARAROGHA PEACE AGREEMENT (2005) 231 7.3.3. WAZIRISTAN (MIRANSHAH) ACCORD (2006) 234 7.3.4. OTHER PEACE DEALS, UNDERSTANDINGS AND EFFORTS 237 7.3.5. FAILURE OF PEACE EFFORTS 239 7.3. CONCLUSION 243 8.0. ROLE OF JIRGA TOWARDS PEACE AND CONFLICT RESOLUTION IN THE TRIBAL AREAS 246 8.1. JIRGA’S ENGAGEMENT IN CONFLICT RESOLUTION IN THE TRIBAL AREAS 247 8.1.1. JIRGA AND CONFLICT RESOLUTION IN THE TRIBAL AREAS 247 8.1.2. LASHKARS ENGAGED IN FIGHTING MILITANTS 258 8.1.3. CONSTRAINTS ON THE EFFECTIVENESS OF JIRGA AND LASHKARS 271 8.2. PUBLIC SUPPORT FOR JIRGA 280 8.3. CONCLUSION 287 CONCLUSION 290 IMPORTANT FINDINGS 291 THE RESEARCH QUESTION 293 SCOPE FOR FUTURE RESEARCH 295 BIBLIOGRAPHY 297 ANNEX 334 ANNEX 1: A BRIEF HISTORY OF PASHTUN TRIBAL AREAS 335 ANNEX BIBLIOGRAPHY 344 viii Glossary and Acronyms Aitbar Trust Badal Reciprocity Badragga Safe conduct Balandra Collective action Baramta Taking hostages as a form of security deposit/assurance/bond Belga Stolen items BiJ Bureau of Investigative Journalism Bota Security deposit/assurance/bond in form of seizure of land CAMP Community Appraisal and Motivation Programme Chigha To shout FATA Federally Administered Tribal Areas FCR Frontier Crimes Regulations FRC FATA Research Centre Gundi Group of people/personal or tribal rivalry Hamsaya Neighbour Hujra Common social sitting place among Pashtuns ISI Inter-Services Intelligence IMU Islamic