Agreement on the Maintenance of Peace and Tranquility along the Line of Actual Control in the India-China Border Areas

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Country/entity: China
India
Region: Asia and Pacific
Agreement name: Agreement on the Maintenance of Peace and Tranquility along the Line of Actual Control in the India-China Border Areas
Date: 7 Sep 1993
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
Sino-Indian Border Dispute (1962 - )
There are two main areas that are disputed by China and India. These areas are largely unpopulated and are sparse with resources, but strategically important for both powers. Tensions mounted during the 1962 border war and 1986 skirmish. In the North-West there is the Aksai Chin plateau that is administered by China, but is claimed by India. Bordered by Tibet and Xinjiang, this border is approximately 685 miles long. The dispute in the Eastern sector on the tri-border area between India, China and Myanmar is largely due to a disagreement over the McMahon Line named after Sir Henry McMahon, the representative of the Indian Government to the Simla Conference of 1914. The line itself follows the watersheds of the Himalayas from Bhutan to Myanmar. China does not recognise the McMahon line, due to its original imperial context, and their claim runs along the foothills in Indian Territory. The area under dispute covers an area of 36,000 square miles. The Middle sector between Bhutan and Nepal is demarcated by the Himalayan watersheds. The border was confirmed in the British-Chinese Convention of 1890 and was undisputed until a brief standoff emerged in this sector in June 2017 on the Doklam plateau.
Since 2003 intensified efforts by the two powers have resulted in talks on the border issues handled by special representatives. However, the two sides continue to have differing opinions on the location of the 'Line of Actual Control' (LAC), which has led to incursions and military build-ups in 2009, 2013 and 2017.
Stage: Pre-negotiation/process
Conflict nature: Territory
Peace process: China-India border dispute peace process
Parties: R. L. Bhatia, Minister of State for External Affairs, Republic of India
Tang Jiaxuan Vice-Foreign Minister, People's Republic of China
Third parties: -
Description: This agreement provides the framework for border security between the parties until final determination is made regarding border demarcation. The parties agree to reduce troop levels compatible with friendly and good relations between them. They also agree to undertake confidence building measures along the line of actual control including by providing notification of troop movements.

Agreement document: CN_IN_930907_Agreement on India-China Border Areas.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): Page 1, The Government of the Republic of India and the Government of the People's Republic of China (hereinafter referred to as the two sides), have entered into the present Agreement in accordance with the Five Principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit and peaceful coexistence and with a view to maintaining peace and tranquility in areas along the line of actual control in the India-China border areas.
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, 1. The two sides are of the view that the India-China boundary question shall be resolved through peaceful and friendly consultations. Neither side shall use or threaten to use force against the other by any means. Pending an ultimate solution to the boundary question between the two countries, the two sides shall strictly respect and observe the line of actual control between the two sides. No activities of either side shall overstep the line of actual control. In case personnel of one side cross the line of actual control, upon being cautioned by the other side, they shall immediately pull back to their own side of the line of actual control. When necessary, the two sides shall jointly check and determine the segments of the line of actual control where they have different views as to its alignment.

Page 2, 5. The two sides agree to take adequate measures to ensure that air intrusions across the line of actual control do not take place and shall undertake mutual consultations should intrusions occur. Both sides shall also consult on possible restrictions on air exercises in areas to be mutually agreed near the line of actual control.
Ceasefire: Security sector→Ceasefire→General commitments
[Summary] Agreement adheres to the 'five nons' of Chinese foreign policy aiming at maintaining peace on the line of actual control. Agreement doesn't specify a ceasefire in those terms, but contains provisions adhereing to ceasefire conventions including notification of military exercises, reducing military forces, etc. See Military, Security (general).
Police: No specific mention.
Armed forces: Page 1, 2. Each side will keep its military forces in the areas along the line of actual control to a minimum level compatible with the friendly and good neighbourly relations between the two countries. The two sides agree to reduce their military forces along the line of actual control in conformity with the requirements of the principle of mutual and equal security to ceilings to be mutually agreed. The extent, depth, timing, and nature of reduction of military forces along the line of actual control shall be determined through mutual consultations between the two countries. The reduction of militaryforces shall be carried out by stages in mutually agreed geographical locations sector-wise within the areas along the line of actual control.

Page 2, 3. Both sides shall work out through consultations effective confidence building measures in the areas along the line of actual control. Neither side will undertake specified levels of military exercises in mutually identified zones. Each side shall give the other prior notification of military exercises of specified levels near the line of actual control permitted under this Agreement.

Page 2, 7. The two sides shall agree through consultations on the form, method, scale and content of effective verification measures and supervision required for the reduction of military forces and the maintenance of peace and tranquility in the areas along the line of actual control under this Agreement.
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: Page 2, 8. Each side of the India-China Joint Working Group on the boundary question shall appoint diplomatic and military experts to formulate, through mutual consultations, implementation measures for the present Agreement. The experts shall advise the Joint Working Group on the resolution of differences between the two sides on the alignment of the line of actual control and address issues relating to redeployment with a view to reduction of military forces in the areas along the line of actual control. The experts shall also assist the Joint Working Group in supervision of the implementation of the Agreement, and settlement of differences that may arise in that process, based on the principle of good faith and mutual confidence.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/sites/peacemaker.un.org/files/CN%20IN_930907_Agreement%20on%20India-China%20Border%20Areas.pdf

Agreement on the Maintenance of Peace and Tranquility along the Line of Actual Control in the India-China Border Areas

September 7, 1993

The Government of the Republic of India and the Government of thePeople's Republic of China (hereinafter referred to as the two sides), have entered into the present Agreement in accordance with the FivePrinciples of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit and peaceful coexistence and with a view to maintaining peace and tranquility in areas along the line of actual control in the India-China border areas.

1. The two sides are of the view that the India-China boundary question shall be resolved through peaceful and friendly consultations.

Neither side shall use or threaten to use force against the other by any means.

Pending an ultimate solution to the boundary question between the two countries, the two sides shall strictly respect and observe the line of actual control between the two sides.

No activities of either side shall overstep the line of actual control.

In case personnel of one side cross the line of actual control, upon being cautioned by the other side, they shall immediately pull back to their own side of the line of actual control.

When necessary, the two sides shall jointly check and determine the segments of the line of actual control where they have different views as to its alignment.

2. Each side will keep its military forces in the areas along the line of actual control to a minimum level compatible with the friendly and good neighbourly relations between the two countries.

The two sides agree to reduce their military forces along the line of actual control in conformity with the requirements of the principle of mutual and equal security to ceilings to be mutually agreed.

The extent, depth, timing, and nature of reduction of military forces along the line of actual control shall be determined through mutual consultations between the two countries.

The reduction of militaryforces shall be carried out by stages in mutually agreed geographical locations sector-wise within the areas along the line of actual control.

3. Both sides shall work out through consultations effective confidence building measures in the areas along the line of actual control.

Neither side will undertake specified levels of military exercises in mutually identified zones.

Each side shall give the other prior notification of military exercises of specified levels near the line of actual control permitted under this Agreement.

4. In case of contingencies or other problems arising in the areas along the line of actual control, the two sides shall deal with them through meetings and friendly consultations between border personnel of the two countries.

The form of such meetings and channels of communications between the border personnel shall be mutually agreed upon by the two sides.

5. The two sides agree to take adequate measures to ensure that air intrusions across the line of actual control do not take place and shall undertake mutual consultations should intrusions occur.

Both sides shall also consult on possible restrictions on air exercises in areas to be mutually agreed near the line of actual control.

6. The two sides agree that references to the line of actual control in this Agreement do not prejudice their respective positions on the boundary question.

7. The two sides shall agree through consultations on the form, method, scale and content of effective verification measures and supervision required for the reduction of military forces and the maintenance of peace and tranquility in the areas along the line of actual control under this Agreement.

8. Each side of the India-China Joint Working Group on the boundary question shall appoint diplomatic and military experts to formulate, through mutual consultations, implementation measures for the present Agreement.

The experts shall advise the Joint Working Group on the resolution of differences between the two sides on the alignment of the line of actual control and address issues relating to redeployment with a view to reduction of military forces in the areas along the line of actual control.

The experts shall also assist the Joint Working Group in supervision of the implementation of the Agreement, and settlement of differences that may arise in that process, based on the principle of good faith and mutual confidence.

9. The present Agreement shall come into effect as of the date of signature and is subject to amendment and addition by agreement of the two sides.

Signed in duplicate at Beijing on the Seventh day of September 1993 in the Hindi, Chinese and English languages, all three texts having equal validity.

[Signed:]

R. L. Bhatia

Minister of State for External Affairs Republic of India

Tang Jiaxuan Vice-Foreign Minister People's Republic of China