Agreement between India and Pakistan on Prevention of Air Space Violations and for Permitting over flights and landings by military aircraft

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Country/entity: India
Pakistan
Region: Asia and Pacific
Agreement name: Agreement between India and Pakistan on Prevention of Air Space Violations and for Permitting over flights and landings by military aircraft
Date: 6 Apr 1991
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: Muchkund Dubey, Foreign Secretary for the Government of the Republic of India; Sharharyar M. Khan, Foreign Secretary for the Government of the Islamic Republic of Pakistan.
Third parties: -
Description: Agreement outlines the provisions for accessing the airspace of India and Pakistan by the countries' military and civilian aircraft and the regulations that apply.

Agreement document: IN_PK_910506_Prevention of Air Space Violations and for Permitting over flights.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, Article - 1,
Henceforth, both sides will take adequate measures to ensure, that aid violations of each other's airspace do not take place. However, if any inadvertent violation does take place, the incident will be promptly investigated and the Headquarters (HQ) of the other Air Force informed of the results without delay, through diplomatic channels.

Page 2, Article - 3,
Aerial Survey, Supply Dropping, Mercy and Rescue Missions,
In the event of a country having to undertake flights less than 1000 metres from the other's airspace including ADIZ [Air Defense Identification Zone], for purposes such as aerial survey, supply dropping for mercy missions and aerial rescue missions, the country concerned will give the following information in advance to their own Air Advisors for notification to the Air HQ of the other country:-
a. Type of aircraft/helicopter.
b. Height of flight within Plus/Minus 1000 ft.
c. Block No. of days (normally not to exceed seven) days when flights are proposed to be undertaken.
d. Proposed timing of flight, where possible.
e. Area involved (in latitude and longitude).
No formal clearance would be required as the flights are being undertaken within own territory.

Page 2, Air Exercises Near Border
Article - 4,
In order to avoid any tension being created, prior notice be given with regard to air exercises, or any special air activity proposed to be undertaken close to each other's airspace including ADIZ [Air Defense Identification Zone], even through the limits as laid down in Article 2 are not likely to be infringed.

Page 5-6, [Summary] Appendix A, Conditions for grant of flight clearance for military aircraft of both countries are noted in Armed Forces.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 1, Article - 1,
Henceforth, both sides will take adequate measures to ensure, that aid violations of each other's airspace do not take place. However, if any inadvertent violation does take place, the incident will be promptly investigated and the Headquarters (HQ) of the other Air Force informed of the results without delay, through diplomatic channels.

Page 1, Article - 2,
Subject to Articles 3, 4 and 6, the following restrictions are to be observed by military aircraft of both the forces:-
a. Combat aircraft (to include fighter, bomber, reconnaissance, jet military trainer and armed helicopter aircraft) will not fly within 10 kms of each other's airspace including ADIZ [Air Defense Identification Zone]. No aircraft of any side will enter the airspace over the territorial waters of the other country, except by prior permission.

Page 1, Article - 2
Subject to Articles 3, 4 and 6, the following restrictions are to be observed by military aircraft of both the forces:-
b. Unarmed transport and logistics aircraft including unarmed helicopters, and Air Observation Post (AOP) aircraft, will be permitted up to 1000 metres from each other's airspace including ADIZ [Air Defense Identification Zone].

Page 2, Communication between IAF [India Air Force] and PAF [Pakistan Air Force],
Article - 5,
In matters of safety and any air operations in emergency situations, the authorities designated by the respective Governments should contact each other by the quickest means of communications available. The Air Advisor shall be kept informed of such contacts. Matters of flight safety and urgent air operations should promptly be brought to the notice of the other side through the authorities designated by using the telephone line established between the Army Headquarters of the two countries.

Page 3, Operations from Air Fields close to the borders,
Article - 6,
Combat aircraft (as defined in Article 2 a. above) operating from the air base specified below will maintain a distance of 5 kms from each others airspace:-
a. Indian side
(1) Jammu
(2) Pathankot
(3) Amritsar
(4) Suratgarh
b. Pakistan Side
(1) Pasrur
(2) Lahore
(3) Vehari
(4) Rahim Yar Khan

Page 3, Flights of Military Aircraft through each other's Air Space
Article - 7
Military aircraft may fly through each other's airspace with the permission of the other country and subject to conditions specified in Appendix A to this agreement.
Nothwithstanding paragraph 1 of this article, each country has the soveriegn right to specify further conditions, at short notice, for flights of military aircraft through its airspace.

Page 4, Validity of Agreement
Article - 8,
This agreement supersedes all previous understandings in so far as air space violations and over flights and landing by military aircraft are concerned.

Page 5, Appendix A, Conditions for grant of flight clearance for military aircraft of both countries
1. the side requesting permission for their military aircraft to fly through the air space of the other country or for landing(s) by such aircraft at airfield(s) in the other country, will approach the respective Aid HQ through the Aid Advisor for clearance to undertake the flight, at least seven days before the scheduled date(s) of the flight(s). If, due to unforeseen circumstances, this notice is less than seven days, the other country would, as far as possible, make all efforts to accommodate the request. The following details of each flight will be intimidated to the concerned Air Headquarters:-
a. Aircraft type
b. Aircraft registration number
c. Aircraft call sign
d. Name of the Captain of the Aircraft
e. Number of the crew
f. Cruising level
g. General nature of cargo carried and number of passengers who are on board the Aircraft
h. Purpose of flight
j. Standby aircraft number and call sign
k. Name of standby Captain and air crew
l. Flight plan for outbound and return legs including air route, Flight Information Region (FIR) entry/exit points and times, Expected Time of Arrival (ETAs)/Expected time of Departure (ETDs) and flight levels etc.
m. Type and quality of fuel required at various air fields landing.

Page 5-6, Appendix A, Conditions for grant of flight clearance for military aircraft of both countries
2. All flights approved will be valid for 3 days within plus/minus three hours of the given time schedule of each day provided flight details remain unchanged. Any subsequent changes of the flight plan will require fresh clearance from Air HQ, for which advance notice of 72 hours will be essential.

Page 6, Appendix A, Conditions for grant of flight clearance for military aircraft of both countries
3. Routes to be followed by aircraft will be specified by respective countries at the time of requesting flight clearance. If the route proposed by the originator country, is, for reason, not acceptable to the other country, the latter would, if possible, suggest a viable alternative route at the earliest.
4. The aircraft will not fly below 8,000 ft or over 40,000 ft Above Ground Level (AGL).
5. The concerned Flight Information Centre of the other country will be contracted by the transiting aircraft during the flight before entering the airspace of the other country.
6. Flights across each other's airspace will formally be completed between sunrise and sunset. Over-flights by night may be permitted, on specific request, under special circumstances.
7. No-war like material e.g. arms, ammunition, explosives (except escape aid explosives), pyrotechnics (except emergency very light pistol signal cartridges), nuclear/fissionable material, Nuclear Biological and Chemical (NBC) materials, photographic material (whether or not installed), electronic devices other than required for the normal operation of the aircraft, may be carried in the aircraft.
8. Non-professional cameras belonging to the passengers and which are not capable of aerial photography, may however be carried by photography at Airports or of defence installations, bridges and industries, etc., is not permitted.
9. Normally, both countries shall permit over flights to transit across the other's airspace along approved international Air Traffic Services (ATS) routes without the aircraft having to make a technical halt. However, each country has the sovereign right to insist on such a halt if the country being overflown so desires.
10. Special care is to be exercised by the transiting aircraft to stay within the ATS routes and not to stray outside the limits of the route.
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: Ministry of External Affairs, India; http://www.mea.gov.in/Portal/LegalTreatiesDoc/PAB1221.pdf

AGREEMENT BETWEEN INDIA AND PAKISTAN ON PREVENTION OF AIR SPACE VIOLATTONS AND FOR PERMITTING OVER FLIGHTS AND LANDINGS BY MILITARY AIRCRAFT

PREAMBLE

States parties to the present Air Agreement, Recognising the fact that both the Indian Air Craft (IAF) and the Pakistan Air Force (RAF) aircraft operate near each other's airspace.

AIR VIOLATIONS

Article 1

Henceforth, both sides will take adequale measures to ensurer that air violations of each other's airspace do not take place.

However, if any inadvertant violation does take place, the incident will be promptly investigated and the Headquarters (HQ) of the other Air Force informed of the result without delay, through diplomatic channels.

Article 2

Subject to Articles 3, 4 and 6, the following restrictions are to be observed by military aircraft of both the forces:-

a. Combat aircraft (to include fighter, bomber, reconnaissance, jet military trainer and armed helicopter aircraft) will not fly within 10 kms of each other's airspace including ADIZ.

No aircraft of any side will enter the airspace over the territorial waters of the other country, except by prior permission.

b. Unarmed transport and logistics aircraft including unarmed helicopters, and Air Observation Post (AOP) Aircraft, will be permitted upto 1000 metres from each other's airspace including ADIZ.

Article 3

Aerial Survey, Supply Dropping, Mercy and Rescue Missions

In the event of a country having to undertake flights less than 1000 metres from the others airspace including ADIZ, for purposes such as aerial- survey, supply dropping for mercy missions and aerial rescue missions, the country concerned will give the following information in advance to their own Air Advisors for notification to the Air HQ of the other country:-

Type of aircraft/helicopter.

Height of flight within Plus/Minus 1000ft.

Block No.

of days (normalIynot to exceed seven days) when flights are proposed to be undertaken.

Proposed timing of flight, where possible.

Area involved (in latitude and longitude)

No formal clearance would be required as the flights are being undertaken within own territory.

AIR EXERCISES NEAR BORDER

Article 4

In order to avoid any tension being created, prior notice be given with regard to air exercises, or any special air activity proposed to be undertaken close to each other's airspace incuding ADIZ, even through the limits as laid down in Article 2 are not likely to be infringed.

COMMUNICATION BETWEEN IAF AND PAF

Article 5

In matters of safety and any air operations in emergency situations, the authorities designated by the respective governments should contact each other by the quickest means of communications available.

The Air Advisory shall be kept informed of such contacts.

Matters of flight safety and urgent air operations should promptly be brough to the notice of the other side through the authorities designated by using the telephone line established between the Army headquarters of the two countries.

OPERATIONS FROM AIR FIELDS CLOSE TO THE BORDERS

Article 6

Combat aircraft (as defined in Article 2 a. above) operating from the air bases specified below will maintain a distance of 5 kms from each other's airspace:-

a. Indian side

(1) Jammu

(2) Pathankot

(3) Amritsar

(4) Suratgarh

b. Pakistan Side:

(1) Pasrur

(2) Lahore

(3) Vehari

(4) Rahim Yar Khan

FLIGHTS OF MILITARY AIRCRAFT THROUGH EACH OTHER'S AIR SPACE

Article 7

Military aircraft may fly through each other's airspace with the prior permission of the other coutry and subject to conditions specified in Appendix A to this Agreement.

Notwithstanding paragraph 1 of this article, each country has the soveriegn right to specify further conditions, at short notice, for flights of military aircraft through its airspace.

VALIDITY OF AGREEMENT

Article 8

this agreement supersedes all previous understandings in so far as air space violations and over flights and lands by military aircraft are concerned.

Article 9

this Agreement is subject to ratification.

It shall come into force with effect from the date on which the instruments of ratification are exchanged.

Article 10

Done at New Delhi on this Sixth day of April 1991.

Signed

Muchkund Dubey, Foreign secretary for the government of the republic of india

Shaharyar M. Khan, Foreign secretary for the Government of the Islamic Republic of Pakistan.

Appendix A

CONDITIONS FOR GRANT OF FLIGHT CLEARANCE FOR MILITARY AIRCRAFT OF BOTH COUNTRIES

1. The side requesting permission for their military aircraft to fly through the air space of the other country or for landing(s) by such aircraft at airfield(s) in the other country, will approach the respective Air HQ through their Air Advisor for clearance to undertake the flight, at least seven days before the scheduled date(s) of the flight(s).

If, due to unforeseen circumstances, this notice is less than seven days, the other country would, as far as possible, make all efforts to accommodate the request.

The following details of each flight will be intimated to the concerned Air Headquarters.

a. Aircraft type

b. Aircraft registration number

c. Aircraft call sign

d. Name of the Captain of the Aircraft

e. Number of crew

f. Cruising level.

g. General nature of cargo carried and number of passengers who are on board the aircraft.

h. Purpose of the flight.

j. Standby aircraft number and call sign

K. Name of standby captain and air crew.

l. Flight plan for outbound and return legs including air route, Flight Information Region (FIR) entry/exit points and times, Expected Time of Arrival (ETA)/ Expected Time of Departure (ETD) and flight levels, etc.

m. Type and quality of fuel required at various air field landing.

2. All flights approved will be valid for 3 days within plus/minus three hours of the given time schedule of each day provided flight details remained unchanged.

Any sebsequent changes of the flight plna will require fresh clearance fromAir HQ, for which advance notice of 72 hours will be essential.

3. Routes to be followed by aircraft will be specified by respective countries at the time of requesting flight clearance.

If the route proposed by the originator country is, for any reason, not acceptable to the other country, the latter wouls, if possible, suggest a viable alternative route at the earliest.

4. The Aircraft will not fly below 8000ft or over 40,000 ft Above Ground Level (AGL).

5. The concerned Flight Information Centre of the other country will be contracted by the transiting aircraft during the flight before entering the airsprace of the other country.

6. Flights across each other's airspace will normally be completed between sun rise and sun set.

Over-flights by night may be permitted, on specific request, under special circumstances.

7. No war-like material e.g. arms, ammunition, explosives (except escape aid explosives), pyrotechnics (except emergency very light pistool signal cartridges), nuclear/fissionable material, nuclear biological and chemical (NBC) materials, photographic material (whether or not installed), electronic devices other than required for the normal operation of the aircraft, may be carried in the aircraft.

8. Non-professional cameras belonging to the passengers and which are not capable of aerial photography, may however be carried but photogaphy at Airports or of defence installations, bridges and industries, etc.,

is not permitted.

9. Normally, both countries shall permit over flights to transit across the other's aircraft along approved international Air Traffic Services (ATS) routes without the aircraft having to make a technical halt.

However, each country has the sovereign right to insist on such a halt if the country being overflown so desires.

10. Special care is to be exercised by the transiting aircraft to stay within the ATS routes and not to stray outside the limited of the route.

11. Visas for the crew and passengers will be issued by the respective Embassy with utmost promptness.