Agreement between the Republic of India and the Islamic Republic of Pakistan on Pre-notification of Flight Testing of Ballistic Missiles

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Country/entity: India
Pakistan
Region: Asia and Pacific
Agreement name: Agreement between the Republic of India and the Islamic Republic of Pakistan on Pre-notification of Flight Testing of Ballistic Missiles
Date: 21 Feb 1999
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
India-Pakistan Conflict (1947 - ) and the Pakistani Taliban (2001 - )
Two distinct contexts have generated agreements.

India-Pakistan Conflict (1947 - )
The roots of the India-Pakistan Conflict lay in the partition of the British Indian Empire following the end of World War II, and the creation of the predominately Muslim Dominion of Pakistan (now Pakistan and Bangladesh) and the Union of India in 1947. Fuelled by Hindu and Muslim nationalism, the political partition spurred the largest mass migration as minorities sought reference among their communal majorities. Retaliatory violence on both sides led to the deaths of 200,000 to 500,000 people.

A few weeks following the partition, Pakistan sent tribal militias into the Princely State of Jammu and Kashmir, sparking the Indo-Pakistan War of 1947. Two other wars broke out in 1965 and in 1991, as well as a number of skirmishes over the Siachan Glacier. The conflict has seen less casualties since the announcement of a ceasefire in 2003, despite frequent violations by both sides. Public unrest remains sporadic and there has been occasional actions by Islamic militants. In addition, despite a decrease in human rights conditions by occupying forces on both sides, abuses are still documented.

Another dimension of the conflict developed in 1997, after Pakistan announced a successful nuclear test. Since then there has been a proliferation of treaties ensuring clear lines of communication in regards to nuclear testing and accidents to deter accidental escalation.

Pakistan-Afghanistan-US Conflict (2001 - )
Since the 2000s, the Afghanistan war had a noticeable spill-over effect to Pakistan. The Afghan Taliban maintain several strongholds in the western parts of Pakistan, especially in the Northwest Tribal Region. Native Islamist guerrilla outfits also remain active in the region and in 2007 they formed the umbrella organisation known as the Pakistan Taliban until it splintered into four different groups in 2014.
Stage: Framework/substantive - partial
Conflict nature: Territory
Peace process: India-Pakistan border and related process
Parties: Government of the Republic of India; Government of Islamic Republic of Pakistan
Third parties: -
Description: Agreement setting parametres of ballistic missile testing between Pakistan and India.

Agreement document: IN_PK_990221_On Pre-notification of Flight Testing of Ballistic Missiles.pdf (opens in new tab) | 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: 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: 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: 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, untitled preamble, Committed to adopt appropriate measures aimed at preventing misunderstanding and misinterpretations and promoting a stable environment of peace and security between the two countries;

[Summary] The agreement outlines the parametres of ballistic missile tests between India and Pakistan including location of launch and fall sites, the number of required notification days, the planned trajectory, the method of coordinating, and that the agreement will be treated as confidential between both parties.
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: No specific mention.

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: Stimson.org, http://www.stimson.org/research-pages/agreement-between-india-and-pakistan-on-pre-notification-of-flight-testing-of-ballistic-missiles/

Agreement between India and Pakistan

On Pre-Notification of Flight Testing Of Ballistic Missiles

21 February 1999

The Government of the Republic of India and the Government of the Islamic Republic of Pakistan, hereinafter referred to as the Parties:-

Recalling the Memorandum of Understanding on 21 February 1999;

Committed to adopt appropriate measures aimed at preventing misunderstanding and misinterpretations and promoting a stable environment of peace and security between the two countries;

Have agreed as follows:-

Article 1

Each Party shall provide to the other Party, advance Notification of the flight test that it intends to undertake of any land or sea launched, surface-to-surface ballistic missiles.

Article 2

Each Party shall notify the other Party, no less than three days in advance of their commencement of a five day launch window within which it intends to undertake flight tests of any land or sea launched, surface to surface ballistic missile.

Article 3

Each Party shall issue appropriate NOTAMs and NAVEREAs through their respective authorities.

Article 4

The bilateral Pre-Notification shall be conveyed through the respective Foreign Offices and the High Commissions, as per the format annexed to this Agreement

Article 5

Each Party shall ensure that the test launch site (s) do not fall within 40kms, and the planned impact area does not fall within 70kms, of the International Boundary or the Line of Control on the side of the Party planning to flight test the ballistic missile.

Article 6

Each Party shall also further ensure that the planned trajectory of the ballistic missile being fli ght tested shall not cross the International Boundary or the Line of Control between India and Pakistan and further, it shall maintain a horizontal distance of at least 40kms from the International Boundary and the Line of Control.

Article 7

The Parties shall treat the bilateral Pre-Notification exchanged under this Agreement as confidential, unless other wise agreed upon (sic)

Article 8

The Parties shall hold consultations, on an annual basis, or more frequently as mutually agreed upon, to review the implementation of the provisions of this Agreement, as well as to consider possible amendments aimed at furthering the objectives of this Agreement.

Amendments shall enter into force in accordance with the procedures that shall be agreed upon.

Article 9

This Agreement shall enter into force upon signature by the two Parties.

Article 10

The Agreement shall remain in force for a period of five years.

It will be automatically extend for successive periods of five years at a time unless one or both parties decide otherwise.

Article 11

A Party may withdraw from this Agreement by giving six months written notice to the other indicating its intention to abrogate the Agreement.

In witness whereof the undersigned being duly authorized thereto by their respective Governments, have signed this Agreement.

Done at ............... on ................ in two originals, each text being equally authentic.

(Signing Authority) Government of the Republic of India

(Signing Authority) Government of the Islamic

Republic of Pakistan

FORMAT FOR PRE-NOTIFICATION FOR BALLISTIC MISSILE FLIGHT TESTS

The Government of ------ hereby notifies to the Government of ------ that it will conduct a flight test of a land or sea launched, surface to surface ballistic missile within the period of ....... to ........

The test launch site, the planned impact area and the planned trajectory of the ballistic missile conform to the provision of Article 5 & 6 if the Agreement between the Republic of India and the Islamic Republic of Pakistan on Pre-Notification of Flight Testing of Ballistic Missiles.