Agreement on the Establishment of a Working Mechanism for Consultation and Coordination on India-China Border Affairs

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Country/entity: China
India
Region: Asia and Pacific
Agreement name: Agreement on the Establishment of a Working Mechanism for Consultation and Coordination on India-China Border Affairs
Date: 17 Jan 2012
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: Framework/substantive - partial
Conflict nature: Territory
Peace process: China-India border dispute peace process
Parties: the Government of the Republic of India;
the Government of the People's Republic of China
Third parties: -
Description: Agreement to establish a Working Mechanism to address border security issues, aimed at strengthening peace and tranquility in the India-China border areas and enabling resolution of the Boundary Question.

Agreement document: CN_IN_120117_India-China Agreement on the Establishment of a Working Mechanism.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 2, Article VI
The Working Mechanism will address issues and situations that may arise in the border areas that affect the maintenance of peace and tranquillity and will work actively towards maintaining the friendly atmosphere between the two countries.
Ceasefire: Security sector→Ceasefire→General commitments
Page 1, ... Article I
The two sides agree to establish a Working Mechanism for Consultation and Coordination on India-China Border Affairs (hereinafter referred to as "the Working Mechanism") to deal with important border affairs related to maintaining peace and tranquility in the India-China border areas.
Police: No specific mention.
Armed forces: Page 2, Article II
The Working Mechanism will be headed by a Joint Secretary level official from the Ministry of External Affairs of the Republic of India and a Director General level official from the Ministry of Foreign Affairs of the People's Republic of China and will be composed of diplomatic and military officials of the two sides.

Page 2, Article III
The Working Mechanism will study ways and means to conduct and strengthen
exchanges and cooperation between military personnel and establishments of the two sides in the border areas.
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: UN Peacemaker; http://peacemaker.un.org/sites/peacemaker.un.org/files/CN%20IN_120117_India-China%20Agreement%20on%20the%20Establishment%20of%20a%20Working%20Mechanism.pdf

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");

Firmly believing that respecting and abiding by the Line of Actual Control pending a resolution of the Boundary Question between the two countries as well as maintaining and strengthening peace and tranquility in the India-China border areas is very significant for enhancing mutual trust and security between the two countries, for resolving the Boundary Question at an early date and for building the India-China Strategic and Cooperative Partnership for Peace and Prosperity;

Desiring to materialize the spirit of 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 7th September 1993, the 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 signed on 29th November 1996 and the 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 Border Areas signed on 11th April 2005;

Aiming for timely communication of information on the border situation, for appropriately handling border incidents, for earnestly undertaking other cooperation activities in the India-China border areas, have agreed as follows:

Article I

The two sides agree to establish a Working Mechanism for Consultation and Coordination on India-China Border Affairs (hereinafter referred to as "the Working Mechanism") to deal with important border affairs related to maintaining peace and tranquility in the India-China border areas.

Article II

The Working Mechanism will be headed by a Joint Secretary level official from the Ministry of External Affairs of the Republic of India and a Director General level official from the Ministry of Foreign Affairs of the People's Republic of China and will be composed of diplomatic and military officials of the two sides.

Article III

The Working Mechanism will study ways and means to conduct and strengthen

exchanges and cooperation between military personnel and establishments of the two sides in the border areas.

Article IV

The Working Mechanism will explore the possibility of cooperation in the border areas that are agreed upon by the two sides.

Article V

The Working Mechanism will undertake other tasks that are mutually agreed upon by the two sides but will not discuss resolution of the Boundary Question or affect the Special Representatives Mechanism.

Article VI

The Working Mechanism will address issues and situations that may arise in the border areas that affect the maintenance of peace and tranquillity and will work actively towards maintaining the friendly atmosphere between the two countries.

Article VII

The Working Mechanism will hold consultations once or twice every year alternately in India and China.

Emergency consultations, if required, may be convened after mutual agreement.

Article VIII

This Agreement shall come into force on the date of its signature.

It may be revised, amended, or terminated with the consent of the two sides.

Any revision or amendment, mutually agreed by the two sides, shall form an integral part of this Agreement.

Signed in duplicate in Hindi, Chinese and English languages at New Delhi, on 17th January 2012, all three versions being equally authentic.

In case of divergence the English text shall prevail.

For the Government of the Republic of India

For the Government of the People's Republic of China