Treaty of Gandamak, 1879

TREATY between the British Government and His Highness Muhammad Yakub Khan, Amir of Afghanistan and its dependencies, concluded at Gandamak on the 26th May 1879, by His Highness the Amir Mahommed Yakub Khan on his own part and on the part of the British Government by Major (afterwards Sir Louis) P. L.N. Cavagnari, C. S. I.

1. From the day of the exchange of the ratifications of the present Treaty there shall be perpetual peace and friendship between the British Government on the one part and His Highness the Amir of Afghanistan and its dependencies, and his successors, on the other.
2. His Highness the Amir of Afghanistan and its depen-dencies engages, on the exchange of the ratifications of this Treaty, to publish a full and complete amnesty, absolving all his subjects from any responsibility for intercourse with the British forces during the war, and to guarantee and protect all persons of whatever degree from any punishment or molestation on that account.
3. His Highness the Amir of Afghanistan and its depen-dencies agrees to conduct his relations with Foreign States in accordance with the advice and wishes of the British Government. His Highness the Amir will enter into no engagements with Foreign States, and will not take up arms against any Foreign State, except with the concurrence of the British Government. On these conditions the British Government will support the Amir against any foreign aggression with money, arms, or troops, to be employed in whatsoever manner the British Government may judge best for this purpose. Should British troops at any time enter Afghanistan for the purpose of repelling foreign aggression, they will return to their stations in British territory as soon as the object for which they entered has been accomplished.
4. With a view to the maintenance of the direct and intimate relations now established between the British Government and His Highness the Amir of Afghanistan, and for the better protection of the frontiers of His Highness's dominion, it is agreed that a British Representative shall reside at Kabul, with a suitable escort, in a place of residence appropriate to his rank and dignity. It is also agreed that the British Government shall have the right to depute British Agents with suitable escorts to the Afghan frontiers, whensoever this may be considered necessary by the British Government in the interests of both States, on the occurrence of any important external fact. His Highness the Amir of Afghanistan may on his part depute an Agent to reside at the Court of His Excellency the Viceroy and Governor-General of India, and at such other places in British India as may be similarly agreed upon.
5. His Highness the Amir of Afghanistan and its dependencies guarantees the personal safety and honourable treatment of British Agents within his jurisdiction; and the British Government on its part undertakes that its Agents shall never in any way interfere with the internal administration of His Highness's dominions.
6. His Highness the Amir of Afghanistan and its dependencies undertakes, on behalf of himself and his successors, to offer no impediment to British subjects peacefully trading within his dominions so long as they do so with the permission of the British Government, and in accordance with such arrangements as may be mutually agreed upon from time to time between the two Governments.
7. In order that the passage of trade between the territories of the British Government and of His Highness the Amir of Afghanistan may be open and uninterrupted, His Highness the Amir of Afghanistan agrees to use his best endeavours to ensure the protection of traders and to facilitate the transit of goods along the well-known customary roads of Afghanistan. These roads shall be improved and maintained in such manner as the two Governments may decide to be most expedient for the general convenience of traffic, and under such financial arrangements as may be mutually determined upon between them. The arrangements made for the maintenance and security of the aforesaid roads, for the settlement of the duties to be levied upon merchandise carried over these roads, and for the general protection and development of trade with and through the dominions of His Highness, will be stated in a separate Commercial Treaty, to be concluded within one year, due regard being given to the state of the country.
8. With a view to facilitate communications between the allied Governments and to aid and develop intercourse and commercial relations between the two countries, it is hereby agreed that a line of telegraph from Kurram to Kabul shall be constructed by and at the cost of the British Government, and the Amir of Afghanistan hereby undertakes to provide for the protection of this telegraph line.
9. In consideration of the renewal of a friendly alliance between the two States which has been attested and secured by the forgeoing Articles, the British Government restores to his Highness the Amir of Afghanistan and its dependencies the towns of Kandahar and Jelalabad with all the territory now in possession of the British armies, excepting the districts of Kurram, Pishin and Sibi. His Highness the Amir of Afghanistan and its dependencies agrees on his part that the districts of Kurram and Pishin and Sibi, according to the limits defined in the schedule annexed, shall remain under the protection and administrative control of the British Government : that is to say, the aforesaid districts shall be treated as assigned districts, and shall not be considered as permanently severed from the limits of the Afghan kingdom. The revenues of these districts, after deducting the charges of civil administration, shall be paid to His Highness the Amir.
   
   The British Government will retain in its own hands the control of the Khyber and Michni Passes, which lie between the Peshawar and Jelalabad districts, and of all relations with the independent tribes of the territory directly connected with these passes.
10. For the further support of His Highness the Amir in the recovery and maintenance of his legitimate authority, and in consideration of the efficient fulfillment in their entirety of the engagements stipulated by the foregoing Articles, the British Government agrees to pay to His Highness the Amir and to his successors an annual subsidy of six lakhs of Rupees.

Done at Gandamak, this 26th day of May 1879, corresponding with the 4th day of the month of Jamadi-us-sani, 1296 A. H.

AMIR MAHOMMED YAKUB KHAN

N. CAVAGNARI, Major