Protocol between the Government of the Republic of India and the Government of the People's Republic of China on Modalities for the Implementation of Confidence-Building Measures in the Military Field Along the Line of Actual Control in the India-China

Export agreement:

Export agreement coding (PDF)

Country/entity: China
India
Region: Asia and Pacific
Agreement name: Protocol between the Government of the Republic of India and the Government of the People's Republic of China on Modalities for the Implementation of Confidence-Building Measures in the Military Field Along the Line of Actual Control in the India-China
Date: 11 Apr 2005
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: Implementation/renegotiation
Conflict nature: Territory
Peace process: China-India border dispute peace process
Parties: The Government of the Republic of India and the Government of the People’s Republic of China
Third parties: -
Description: This agreement seeks to implement previous agreements on the Maintenance of Peace and Tranquillity along the Line of Actual Control in the India-China Border Areas of 7 September 1993 and on Confidence Building Measures in the Military Field along the Line of Actual Control in the India-China Border Areas of 29 November 1996. The parties agreed on modalities to implement the confidence building measures including through proceedures for exchange of information regarding troop movements and the conduct of bi-annual meetings on border issues. They also agreed to resolve any agreement violation or need for clarification through diplomatic channels.

Agreement document: CN_IN_050411_Protocol between India and China.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, Recalling that both sides are committed to developing their long-term constructive and cooperative partnership on the basis of the Five Principles of Peaceful Co-existence, mutual respect and sensitivity for each other’s concerns and aspirations, and equality,
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: Page 4, Article VI
In accordance with Article VIII of the Agreement on Confidence Building Measures in the Military Field along the Line of Actual Control in the India-China Border Areas signed between the two sides in November 1996,
(a) In case the personnel of one side in the border areas cross over to the other side due to force majeure such as natural disasters:
i. The side having discovered it should promptly contact and notify the other side;
ii. The personnel crossing over to the other side should, in the light of the prevailing circumstances, take measures to return to their own side or proceed to places designated by the other side en route to return to their own side;
iii. The receiving side will provide all possible assistance to the personnel from the other side and ensure their earliest possible return; and
iv. At the request of the side affected by the natural disaster, the other side may consider all possible measures to help alleviate the situation.
(b) In order to prevent infectious diseases in specific areas on either side in the border areas from spreading to the other side:
i. Both sides should share relevant information promptly through border meetings or diplomatic channels;
ii. Each side should take measures to prevent the spread of diseases from spilling onto the other side; and
iii. At the request of the side suffering from spread of infectious diseases, the other side may consider all possible measures to help alleviate the situation.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
[Summary] Agreement does not explicitly mention ceasefire, but contains ceasefire conventions, including limitations on military exercises, military movement, etc. See Armed Forces.

Page 2, Article I
In accordance with Article II of the Agreement on Confidence Building Measures in the Military Field along the Line of Actual Control in the India-China Border Areas signed between the two sides in November 1996, the two sides should strictly respect and observe the Line of Actual Control and work together to maintain peace and tranquillity in the border areas.

Page 3, Article IV
In accordance with Article VI of the Agreement on Confidence Building Measures in the Military field along the line of Actual Control in the India-China Border Areas signed between the two sides in November 1996, if the border personnel of the two sides come to a face-to-face situation due to differences on the alignment of the Line of Actual Control or any other reason, they shall exercise self-restraint and take all necessary steps to avoid an escalation of the situation. To this end, they shall follow the procedures as given below:

(a) Both sides shall cease their activities in the area, not advance any further, and simultaneously return to their bases.
(b) Both sides shall then inform their respective Headquarters and, if necessary, enter into immediate consultations through border meetings or diplomatic channels so as to prevent an escalation of the situation.
(c) Throughout the face-to-face situation, neither side shall use force or threaten to use force against the other.
(d) Both sides shall treat each other with courtesy and refrain from any provocative actions. Neither side shall put up marks or signs on the spots.

Page 4-5, Article VII
The Protocol shall enter into force on the date of signature of this Protocol and will automatically be rendered invalid if the Agreement on Confidence Building Measures in the Military Field along the Line of Actual Control in the India-China Border Areas signed between the two sides in November 1996 ceases to be in force. Subject to agreement after mutual consultations between the two sides, the Protocol may be amended and supplemented at any time.
Police: No specific mention.
Armed forces: Page 2, Article II
In accordance with Article IV of the Agreement on Confidence Building Measures in the Military Field along the Line of Actual Control in the India-China Border Areas signed between the two sides in November 1996,
(a) Both sides shall avoid holding large-scale military exercises involving more than one Division (approximately 15,000 troops) in close proximity to the Line of Actual Control. However, if such exercises are to be conducted, the strategic direction of the main force involved shall not be towards the other side.
(b) If either side conducts a military exercise involving more than one Brigade Group (approximately 5,000 troops) in close proximity to the Line of Actual Control, it shall not be targeted against the other side. The side undertaking the exercise shall give, through Flag Meetings, the other side prior intimation 15 days in advance of the exercise with regard to type, level, planned duration and area of exercise as well as the number and type of units or formations participating in the exercise.
(c) Each side shall be entitled to obtain timely clarification within 15 days from the side undertaking the exercise in respect of data specified in paragraph (b) above of the present article, through Flag Meetings. (d) Each side shall give prior intimation of changes in the timing of any scheduled exercise 15 days in advance, through Flag Meetings.

Page 2, Article III
In accordance with Article V of the Agreement on Confidence Building Measures in the Military Field along the Line of Actual Control in the India-China Border Areas signed between the two sides in November 1996,
(a) In the event of an alleged air intrusion of its controlled airspace by the military aircraft of the other side, either side may seek a Flag Meeting within 48 hours of the alleged air intrusion in order to seek a clarification. The investigation shall be completed by the other side and its results communicated through a Flag Meeting within a period of four weeks.
(b) If a military aircraft of either side is required to fly across the Line of Actual Control or to overfly the airspace of the other side, prior permission shall be sought from the other side according to procedures and formats to be mutually agreed upon.

Page 3, Article IV, ... (c) If a military or civilian aircraft of either side is required to fly across the Line of Actual Control or to land on the other sides of the Line of Actual Control in an emergency situation, the two sides will ensure flight safety in such situations by adhereing to procedures to be mutually agreed upon.

Page 4, Article V
In accordance with Article VII of the Agreement on Confidence Building Measures in the Military Field along the Line of Actual Control in India-China Border Areas signed between the two sides in November 1996,
... (c) Both sides shall conduct exchanges between the relevant Military Regions of China and Army Commands of India. Specific arrangements shall be decided upon through mutual consultations between the relevant agencies under the Ministries of Defence of the two sides.
(d) Both sides shall strengthen exchanges between institutions of training of the two armed forces, and conduct exchanges between institutions of sports and culture of the two armed forces. Specific arrangements shall be decided upon through mutual consultations between the relevant agencies under the Ministries of Defence of the two sides.
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: Article V. provides for additional border meetings between the parties, and consultations between Ministries of Defence on both sides, also agreed to conduct exchanges between members of the two armed forces.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/sites/peacemaker.un.org/files/CN%20IN_050411_Protocol%20between%20India%20and%20China.pdf

Agreement Between India and China 1996.doc

Agreement Between the Government of the Republic of India and the Government of the People's Republic of China on Confidence-Building Measures in the Military Field Along the Line of Actual Control in the

India-China Border Areas

November 29, 1996 (New Delhi)

The Government of the Republic of India and the Government of the People's Republic of China (hereinafter referred to as the two sides),

Believing that it serves the fundamental interests of the peoples of India and China to foster a long-term good-neighbourly relationship 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 co-existence,

Convinced that the maintenance of peace and tranquility along the line of actual control in the India-China border areas accords with the fundamental interests of the two peoples and will also contribute to the ultimate resolution of the boundary question,

Reaffirming that neither side shall use or threaten to use force against the other by any means or seek unilateral military superiority,

Pursuant to the Agreement between the Government of the Republic of India and the Government of the People's Republic of China on the Maintenance of Peace and Tranquility along the Line of Actual Control in the India-China Border Areas, signed on 7 September, 1993,

Recognizing the need for effective confidence building measures in the military field along the line of actual control in the border areas between the two sides,

Noting the utility of confidence building measures already in place along the line of actual control in the India-China border areas,

Committed to enhancing mutual confidence and transparency in the military field, Have agreed as follows:

ARTICLE I

Neither side shall use its military capability against the other side.

No armed forces deployed by either side in the border areas along the line of actual control as part of their respective military strength shall be used to attack the other side, or engage in military activities that threaten the other side or undermine peace, tranquility and stability in the India-China border areas.

ARTICLE II

The two sides reiterate their determination to seek a fair, reasonable and mutually acceptable settlement of the boundary question.

Pending an ultimate solution to the boundary question, the two sides reaffirm their commitment to strictly respect and observe the line-of actual control in the India-China border areas.

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

ARTICLE III

The two sides agree to take the following measures to reduce or limit their respective military forces within mutually agreed geographical zones along the line of actual control in the India-China border areas:

(1) The two sides reaffirm that they shall reduce or limit their respective military forces within mutually agreed geographical zones along the line of actual control in the India-China border areas to minimum levels compatible with the friendly and good neighborly relations between the two countries and consistent with the principle of mutual and equal security.

(2) The two sides shall reduce or limit the number of field army, border defence forces, paramilitary forces and any other mutually agreed category of armed force deployed in mutually agreed geographical zones along the line of actual control to ceilings to be mutually agreed upon.

The major categories of armaments to be reduced, or limited are as follows:

combat tanks, infantry combat vehicles, guns (including howitzers) with 75 mm or bigger calibre, mortars with 120 mm or bigger calibre, surface-to-surface missiles, surface-to-air missiles and any other weapon system mutually agreed upon.

(3) The two sides shall exchange data on the military forces and armaments to be reduced or limited and decide on ceilings on military

forces and armaments to be kept by each side within mutually agreed geographical zones along the line of actual control in the India-China border areas.

The ceilings shall be determined in conformity with the requirement of the principle of mutual and equal security, with due consideration being given to parameters such as the nature of terrain, road communication and other infrastructure and time taken to induct/deinduct troops and armaments.

ARTICLE IV

In order to maintain peace and tranquility along the line of actual control in the India-China border areas and to prevent any tension in the border areas due to misreading by either side of the other side's intentions:

(1) Both sides shall avoid holding large scale military exercises involving more than one Division (approximately 1 5,000 troops) in close proximity of the line of actual control in the India-China border areas.

However, if such exercises are to be conducted, the strategic direction of the main force involved shall not be towards the other side.

(2) If either side conducts a major military exercise involving more than one Brigade Group (approximately 5,000 troops) in close proximity of the line of actual control in the India-China border areas, it shall give the other side prior notification with regard to type, level, planned duration and area of exercise as well as the number and type of units or formations participating in the exercise.

(3) The date of completion of the exercise and deinduction of troops from the area of exercise shall be intimated to the other side within five days of completion or deinduction.

(4) Each side shall be entitled to obtain timely clarification from the side undertaking the exercise in respect of data specified in Paragraph 2 of the present Article.

ARTICLE V

With a view to preventing air intrusions across the line of actual control in the India-China border areas and facilitating overflights and landings by military aircraft:

(1) Both sides shall take adequate measures to ensure that air intrusions across the line of actual control do not take place.

However, if an intrusion does take place, it should cease as soon as detected and the incident shall be promptly investigated by the side operating the aircraft.

The results of the investigation shall be immediately communicated, through diplomatic channels or at border personnel meetings, to the other side.

(2) Subject to Paragraphs 3 and 5 of this Article, combat aircraft (to include fighter, bomber, reconnaissance, military trainer, armed helicopter and other armed aircraft) shall not fly within ten kilometers of the line of actual control.

(3) If either side is required to undertake flights of combat aircraft within ten kilometers from the line of actual control, it shall give the following information in advance to the other side, through diplomatic channels:

(a) Type and number of combat aircraft;

(b) Height of the proposed flight (in meters);

(d) Proposed timing of flights;

and

(e) Area of operations, defined in latitude and longitude.

(4) Unarmed transport aircraft, survey aircraft and helicopters shall be permitted to fly up to the line of actual control.

(5) No military aircraft of either side shall fly across the line of actual control, except by prior permission.

Military aircraft of either side may fly across the line of actual control or overfly the other side's airspace or land on the other side only after obtaining the latter's prior permission after providing the latter with detailed information on the flight in accordance with the international practice in this regard.

Notwithstanding the above stipulation, each side has the sovereign right to specify additional conditions, including at short notice, for flights or landings of military aircraft of the other side on its side of the line of actual control or through its airspace.

(6) In order to ensure flight safety in emergency situations, the authorities designated by the two sides may contact each other by the quickest means of communications available.

ARTICLE VI

With a view to preventing dangerous military activities along the line of actual control in the India-China border areas, the two sides agree as follows:

(1) Neither side shall open fire, cause bio-degradation, use hazardous chemicals, conduct blast operations or hunt with guns or explosives within two kilometers from the line of actual control.

This prohibition shall not apply to routine firing activities in small arms firing ranges.

(2) If there is a need to conduct blast operations within two kilometers of the line of actual control as part of developmental activities, the other side shall be informed through diplomatic channels or by convening a border personnel meeting, preferably five days in advance.

(3) While conducting exercises with live ammunition in areas close to the line of actual control, precaution shall be taken to ensure that a bullet or a missile does not accidentally fall on the other side across the line of actual control and causes harm to the personnel or property of the other side.

(4) If the border personnel of the two sides come in a face-to-face situation due to differences on the alignment of the line of actual control o any other reason, they shall exercise self-restraint and take all necessary steps to avoid an escalation of the situation.

Both sides shall also enter into immediate consultations through diplomatic and/or other available channels to review the situation and prevent any escalation of tension.

ARTICLE VII

In order to strengthen exchanges and cooperation between the military personnel and establishments in the border areas along the line of actual control, the two sides agree:

(a) To maintain and expand the regime of scheduled and flag meetings between their border representatives at designated places along the line of actual control;

(b) To maintain and expand telecommunication links between the border meeting points at designated places along the line of actual control;

ARTICLE VIII

(1) Should the personnel of one side cross the line of actual control and enter the other side because of unavoidable circumstances like natural disasters, the other side shall extend all possible assistance to them and inform their side, as soon as possible regarding the forced or inadvertent entry across the line of actual control.

The modalities of return of the concerned personnel to their own side shall be settled through mutual consultations.

(2) The two sides shall provide each other, at the earliest possible, with information pertaining to natural disasters and epidemic diseases in contiguous border areas which might affect the other side.

The exchange of information shall take place either through diplomatic channels or at border personnel meetings.

ARTICLE IX

In case a doubtful situation develops in the border region, or in case one of the sides has some questions or doubts regarding the manner in which the other side is observing this Agreement, either side has the right to seek a clarification from the other side.

The clarifications sought and replies to them shall be conveyed through diplomatic channels.

ARTICLE X

(1) Recognizing that the full implementation of some of the provisions of the present Agreement will depend on the two sides arriving at a common understanding of the alignment of the line of actual control in the India-China border areas, the two sides agree to speed up the process clarification and confirmation of the line of actual control.

As an initial step in this process, they are clarifying the alignment of the line of actual control in those segments where they have different perceptions.

They also agree to exchange maps indicating their respective perceptions of the entire alignment of the line of actual control as soon as possible.

(2) Pending the completion of the process of clarification and confirmation of the line of actual control, the two sides shall work out modalities for implementing confidence building measures envisaged under this Agreement on an interim basis, without prejudice to their respective positions on the alignment of the line of actual control as well as on the boundary question.

ARTICLE XI

Detailed implementation measures required under Article I to Article X of this Agreement shall be decided through mutual consultations in the India-China Joint Working Group on the Boundary Question.

The India- China Diplomatic and Military Expert Group shall assist the India-China Joint working Group in devising implementation measures under the Agreement.

ARTICLE XII

This Agreement is subject to ratification and shall enter into force on the date of exchange of instruments of ratification.

It shall remain in effect until either side decides to terminate it after giving six months' notice in writing.

It shall become invalid six months after the notification.

This Agreement is subject to amendment and addition by mutual agreement in writing between the two sides.

Signed in duplicate in New Delhi on 29 November, 1996 in the Hindi, Chinese and English languages, all three texts being equally authentic.

In case of divergence, the English text shall prevail.