PRT/QALAT - BORDER INCIDENT LEAVES SEVERAL

UNCLAS SECTION 01 OF 04 KABUL 003515

SIPDIS

SENSITIVE, SIPDIS

STATE FOR SCA/FO (DAS GASTRIGHT),SCA/A, S/CRS,
SCA/PAB, S/CT, EUR/RPM
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR AHARRIMAN
OSD FOR BREZINSKI
CENTCOM FOR CG CFC-A, CG CJTF-76, POLAD
REL NATO/AU/NZ/ISAF

E.O. 12958 N/A
TAGS: PGOV PREL PREF AF PK
SUBJECT: PRT/QALAT - BORDER INCIDENT LEAVES SEVERAL
DEAD, COMPLICATES SHAMULZAI-NASIR LAND DISPUTE

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(SBU) SUMMARY: Members of the Nasir tribe living in
refugee camps in Pakistan since the Russian invasion
want to return to traditional lands now occupied by
the Shamulzai tribe. Zabul Governor Arman has been
trying to broker a deal since June of 2005. His
task will be even more difficult in the wake of a 12
July border incident that resulted in several
fatalities when returning Nasir people crossed from
Pakistan directly into Shamulzai District of Zabul
Province. The refugees were en route to Paktika
Province to remain there while pursuing their claim
in Shamulzai. They had planned on crossing the
border directly from Pakistan to Paktika Province.
However, the Nasirs claim that the Pakistani
authorities directed them to cross the border into
Shamulzai District and then proceed to Paktika.
Zabol Governor Arman has argued that Pakistani
authorities may have deliberately tried to trigger
this incident to foment discord on the Afghan side
of the border. The several hundred returning Nasirs
are now encamped in Paktika, and Coalition Forces
and others are trying to provide assistance. End
Summary.

Background
--------------


2. (SBU) The Nasir tribe fled to Pakistan as
refugees from the Shamulzai District of Zabul
Province during the time of the Russian invasion.
The Shamulzai tribe subsequently took over their
land. The Nasir want to return and reclaim their
land. Initial confrontations last year left several
dead, further complicating matters. In June 2005,
Zabul Governor Arman, assisted by the then-Regional
Command (RC) South commander and Qalat PRT USAID
representative, tried to mediate an agreement. At
that time, Governor Arman felt that the Nasir had a
stronger legal case. However, he wanted to resolve
the dispute between the two tribes by mediation
rather than litigation, which he felt would not
prevent further bloodshed.


3. (SBU) In June 2006, the Nasir advised the
Governor that up to several thousand of them
intended to unilaterally return from Pakistan to an
uninhabited area of Shamulzai District, and pursue
their land claim from there. The Governor told them
not to move at that time (The Nasir representatives
then unsuccessfully tried to persuade the PRT to
assist them.) Governor Arman and the Governor of
neighboring Paktika province subsequently reached an
agreement that some of the Nasirs could return to
Paktika and remain there while pursuing their claim,
although no arrangements had yet been made for the
returnees (e.g., food, tents). Governor Arman was
also making plans to conduct a shura with both
tribes with the assistance of the President's
brother, Qayyum Karzai, to try to broker an
agreement.

Shooting At The Border Leaves Several Dead
-------------- Q --------------


4. (U) On the afternoon 12 July, there was a
shooting incident along the border between Pakistan
and the Shamulzai District of Zabul Province,
approximately 10 miles east of Zanjshir, between

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returning Nasir tribe refugees and the Afghan Border
Police (ABP),in which several people were killed.
After sorting through many rumors, it appears that
two ABP officers and one Shamulzai civilian were
killed, as well as a Nasir leader, Ahmad Khan, and
two other Nasirs.


5. (U) On 16 July, after weather delays, Governor
Arman, Provincial Chief of Police Brigadier General
Nur Mohammed Paktin, Afghan National Army kandak
(battalion) commander COL Rasik, and two Nasir
tribe members of the Provincial Council, flew out to
the scene accompanied by TF Warrior commander, PRT
commander, and PRTOff.

The Border Police Version
--------------


6. (SBU) COL Jilani, the ABP chief, reported that
200 vehicles had approached the place from Pakistan.
Several Nasirs had come out to talk to him, saying
they wanted to cross the border there. Jilani told
them they would need to discuss it further. The
Nasirs said they would not talk, and waved a turban
as a signal. A Nasir bodyguard started shooting and
the ABP returned fire. There were over 300 Nasirs
in the group.


7. (SBU) Jilani showed the spot where he said his
officers were shot - there was what appeared to be
dried blood on the ground. There were also 82 mm
rocket casings on the ground matching the trajectory
to that spot. He said one ABP patrolman was
killed and the Nasirs took his weapon. He said
another patrolman (a Hazara) was captured, taken
away, and later beheaded. He said he was not sure
if any Pakistan police or authorities were involved
in the shooting.


8. (SBU) Another ABP officer present at the
incident told the CF interpreter that two or three
motorcycles with AK-47s then sped up to the chief.
This officer said there were two ABP patrolmen (one
of whom was a Hazara) and one civilian killed but
that no Nasirs were killed. Meanwhile, some
Shamulzai elders told Gov Arman that the Nasir told
them they wanted to go to Darweh village. They
claim that the Nasirs signaled, and then the Nasirs
started shooting with a DSHK machine gun.

Nasir Version
--------------


9. (SBU) Later on 16 July, PRTOff talked to one of
the Nasir tribe Provincial Council (PC) members, who
vehemently denied COL Jilani's version. The Nasir
claimed that Shamulzai civilians had fired on the
Nasirs, killing a tribal leader, Ahmad Khan, and two
others, and wounding eight. Then, he claimed, the
ABP killed several Shamulzai civilians who had been
shooting at the Nasirs, but no ABP were killed.
Regarding motive, he said he thought COL Jilani was
covering that up, since he is responsible for
controlling the border and that incident would make
him look bad. He said he understood that the GoA
and GoP had both agreed that the returning Nasirs
could only use the border crossing point in
Shamulzai, not anywhere directly along the Paktika-

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Pakistan border. He understood Gov Arman had
authorized them to pass through this part of
Shamulzai on their way to Paktika.


10. (U) On 23 July 2006, Governor Arman visited the
Nasir refugee camp in Paktika province, both to hear
their version of what happened, and also to assess
what assistance they need. Brigadier General
Fraser, the MNB-S commander, his Political Advisor,
and GEN Raoufi, the 205th ANA corps commander, came
up from Kandahar to accompany him. Zabul Chief of
Police BG Paktin, ANA kandak commander COL Rasik, TF
Warrior commander, PRT commander and PRTOff also
accompanied Governor Arman.


11. (SBU) During the shura there, several Nasirs
related that they approached the border between
Pakistan and Paktika, and that the Pakistani
authorities denied them permission to cross there,
telling them to cross the border in Shamulzai
District instead. They claimed that there were
several men on motorcycles ahead of them at the
border. Those men talked to Ahmad Khan, and then
the Nasirs started being fired upon by people in
uniform from the Afghan side of the border. At this
point in the shura, the Governor complained loudly
about the Pakistanis and other neighboring
countries.

The Key Question: Why Were The Nasirs Not Allowed
to Cross The Border at Paktika?
-------------- --------------


12. (SBU) Gov Arman reacted strongly when he heard
the Nasirs say they were told by the Government of
Pakistan (GOP) that GoP and GoA had both agreed they
must cross the border in Shamulzai instead of
Paktika. Arman wanted the returnees to cross
directly from Pakistan into Paktika, specifically in
order to avoid any possible provocation, and he did
not/not agree that the Nasirs could cross the border
at Shamulzai and then continue on to Paktika.
However, according to the Nasirs, the Pakistani
authorities refused to let them cross directly into
Paktika, ordering them to cross into Shamulzai
instead, where an incident was likely to occur.
There has been an absence of Pakistani press
coverage of the border incident, even though shots
were fired across the border at the Nasirs while
they were still in Pakistan, and both countries
usually condemn each other in press articles after
border incidents. Gov Arman is convinced the
Pakistani authorities tried to cause an incident by
directing the Nasirs to cross in Shamulzai.

Situation in Paktika
--------------


13. (SBU) After the shooting incident on 12 July,
after dark, approximately 800 to 1,000 Nasirs did
cross the border there and went on to Paktika. On
16 July, while investigating the incident, Gov Arman
received a call that armed Shamulzai civilians were
harassing the Nasirs in Paktika. He advised the
authorities there to disarm them, since they were
not ABP officers.


14. (U) The Nasirs have established a temporary

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camp in Paktika that houses hundreds of people.
However, they appeared to have a large number of
tents. There were also some trees there and
apparently there is a source of water. The Nasirs
did request medical assistance, and TF Warrior did
deliver some food by helicopter following the shura
there on 23 July. The PRT will try to coordinate
further relief with UNHCR and the Ministry of
Refugees. Gov Arman had previously contacted the
Ministry of Refugees, and we will work try to work
with them through the Embassy.

Aftermath
--------------


15. (SBU) Both Governor Arman and the Paktika
governor have talked to President Karzai about this
issue by telephone. Gov Arman was plainly
frustrated and angry at both sides, as well as at
the Pakistanis. He advised PRTOff that he may not
find out who started it, but, after lengthy talks
with both Shamulzai and Nasir tribal elders here in
Qalat, as well as on his trips, he thinks he will
prevent any recurrence, which is his main goal at
this point. He will still try to broker an
agreement regarding the land dispute, but this
incident will make it even harder to reach an
agreement between the two sides.

NEUMANN