Inter-State Border Defence Cooperation Agreement between India and China

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Country/entity: China
India
Region: Asia and Pacific
Agreement name: Inter-State Border Defence Cooperation Agreement between India and China
Date: 23 Oct 2013
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: Government of the Republic of India; the Government of the People’s Republic of China
Third parties: -
Description: Agreement to implement border defence cooperation and defining the terms thereof, aimed at maintaining peace in border areas.

Agreement document: CH_IN_131023_Border_Defence_Cooperation_Agreement.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: Page 2, Article II
The two sides shall implement border defence cooperation in the following ways:
1. Exchange information-including information about military exercises, aircrafts, demolition operations and unmarked mines-and take consequent measures conducive to the maintenance of peace, stability and tranquility along the line of actual control in the India-China border areas.
2. Jointly combat smuggling of arms, wildlife, wildlife articles and other contrabands.
3. Assist the other side in locating personnel, livestock, means of transport and aerial vehicles that may have crossed or are possibly in the process of crossing the line of actual control in the India-China border areas.
4. Work with the other side in combating natural disasters or infectious diseases that may affect or spread to the other side.
5. Any other way mutually agreed upon by the two sides.

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: Page 2, Article II
The two sides shall implement border defence cooperation in the following ways:
... 3. Assist the other side in locating personnel, livestock, means of transport and aerial vehicles that may have crossed or are possibly in the process of crossing the line of actual control in the India-China border areas.
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 2, Article II
The two sides shall implement border defence cooperation in the following ways:
... 4. Work with the other side in combating natural disasters or infectious diseases that may affect or spread to the other side.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, Preamble, ... Reaffirming that neither side shall use or threaten to use force against the other side by any means nor seek unilateral superiority,...

Page 2, Article I
The two sides shall carry out border defence cooperation on the basis of their respective laws and relevant bilateral agreements....

Page 3, Article VI
The two sides agree that they shall not follow or tail patrols of the other side in areas where there is no common understanding of the line of actual control in the India-China border areas.
Ceasefire: Security sector→Ceasefire→General commitments
[Summary] Agreement does not mention a ceasefire, but contains ceasefire related clauses. Including notification of military exercises, and maintanance of peace on the border.

Page 2-3, Article IV
In implementing border defence cooperation and to facilitate contacts and meetings between relevant organizations, the two sides may establish Border Personnel Meeting sites in all sectors, as well as telephone contacts and telecommunication links at mutually agreed locations along the
line of actual control. The two sides may also consider establishing a Hotline between the military headquarters of the two countries. Specific arrangements shall be decided upon through mutual consultations between the two sides.

Page 3, Article X
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.
Police: No specific mention.
Armed forces: Page 1, Preamble, ... Reiterating that neither side shall use its military capability against the other side and that their respective military strengths shall not be used to attack the other side,...

Page 1, Preamble, ... Acknowledging the need to continue to maintain peace, stability and tranquility along the line of actual control in the India-China border areas and to continue implementing confidence building measures in the military field along the line of actual control,...

Page 2, Article II
The two sides shall implement border defence cooperation in the following ways:
1. Exchange information-including information about military exercises, aircrafts, demolition operations and unmarked mines-and take consequent measures conducive to the maintenance of peace, stability and tranquility along the line of actual control in the India-China border areas.

Page 3, Article V
In order to enhance understanding and cooperation between the border defence forces of the two sides, each side may invite the other side for joint celebrations on major national or military days or festivals and organize cultural activities, non-contact sports events and small scale tactical exercises along the line of actual control in the India-China border areas. In addition, the two sides may also conduct joint military training exercises, at Army level, in each other’s country on a regular basis. The theme of such joint exercises will be decided through mutual consultations.

Page 3, Article VIII
The two sides agree that if the border defence forces of the two sides come to a face-to-face situation in areas where there is no common understanding of the line of actual control, both sides shall exercise maximum self-restraint, refrain from any provocative actions, not use force or threaten to use force against the other side, treat each other with courtesy and prevent exchange of fire or armed conflict.
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: Page 2, Article II
The two sides shall implement border defence cooperation in the following ways:
... 2. Jointly combat smuggling of arms, wildlife, wildlife articles and other contrabands.
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 3, Article VII
In case a doubtful situation arises with reference to any activity by either side in border areas where there is no common understanding of the line of actual control, either side has the right to seek a clarification from the other side. In such cases, the clarification shall be sought and replies to them shall be conveyed through any of the mechanisms established under Article III of this Agreement.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/china-india-border-cooperation2013

Press Releases

October 23, 2013 Beijing, China

Border Defence Cooperation Agreement between India and China

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 the India-China Strategic and Cooperative Partnership for Peace and Prosperity serves the fundamental interests of the people of the two countries,

Reiterating that neither side shall use its military capability against the other side and that their respective military strengths shall not be used to attack the other side,

Reaffirming that neither side shall use or threaten to use force against the other side by any means nor seek unilateral superiority,

Having accepted the principle of mutual and equal security,

Acknowledging the need to continue to maintain peace, stability and tranquility along the line of actual control in the India-China border areas and to continue implementing confidence building measures in the military field along the line of actual control,

Recognizing the importance of materializing the spirit of the Agreement between the Government of the Republic of India and 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 Areassigned 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 Areassigned on 29th November 1996, 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 India-China Border Areassigned on 11th April 2005 and the Agreement between the Government of the Republic of India and the Government of the People’s Republic of China on the Establishment of a Working Mechanism for Consultation and Coordination on India-China Border Affairs signed on 17th January 2012,

Have agreed as follows:-

Article I

The two sides shall carry out border defence cooperation on the basis of their respective laws and relevant bilateral agreements.

Article II

The two sides shall implement border defence cooperation in the following ways:

1. Exchange information-including information about military exercises, aircrafts, demolition operations and unmarked mines-and take consequent measures conducive to the maintenance of peace, stability and tranquility along the line of actual control in the India-China border areas.

2. Jointly combat smuggling of arms, wildlife, wildlife articles and other contrabands.

3. Assist the other side in locating personnel, livestock, means of transport and aerial vehicles that may have crossed or are possibly in the process of crossing the line of actual control in the India-China border areas.

4. Work with the other side in combating natural disasters or infectious diseases that may affect or spread to the other side.

5. Any other way mutually agreed upon by the two sides.

Article III

Border deference cooperation visualized in this agreement shall be implemented through the following mechanisms:

1. Flag meetings or border personnel meetings at designated places along the line of actual control in the India-China border areas.

2. Periodic meetings between officers of the relevant Military Regions of China and Army Commands of India and between departments responsible for military operations.

3. Periodic meetings of the representatives of the Ministry of Defence of the Government of India and the Ministry of National Defence of the People’s Republic of China.

4. Meetings of the Working Mechanism for Consultation and Coordination on India-China Border Affairs.

5. Meetings of the India-China Annual Defence Dialogue.

Article IV

In implementing border defence cooperation and to facilitate contacts and meetings between relevant organizations, the two sides may establish Border Personnel Meeting sites in all sectors, as well as telephone contacts and telecommunication links at mutually agreed locations along the line of actual control.

The two sides may also consider establishing a Hotline between the military headquarters of the two countries.

Specific arrangements shall be decided upon through mutual consultations between the two sides.

Article V

In order to enhance understanding and cooperation between the border defence forces of the two sides, each side may invite the other side for joint celebrations on major national or military days or festivals and organize cultural activities, non-contact sports events and small scale tactical exercises along the line of actual control in the India-China border areas.

In addition, the two sides may also conduct joint military training exercises, at Army level, in each other’s country on a regular basis.

The theme of such joint exercises will be decided through mutual consultations.

Article VI

The two sides agree that they shall not follow or tail patrols of the other side in areas where there is no common understanding of the line of actual control in the India-China border areas.

Article VII

In case a doubtful situation arises with reference to any activity by either side in border areas where there is no common understanding of the line of actual control, either side has the right to seek a clarification from the other side.

In such cases, the clarification shall be sought and replies to them shall be conveyed through any of the mechanisms established under Article III of this Agreement.

Article VIII

The two sides agree that if the border defence forces of the two sides come to a face-to-face situation in areas where there is no common understanding of the line of actual control, both sides shall exercise maximum self-restraint, refrain from any provocative actions, not use force or threaten to use force against the other side, treat each other with courtesy and prevent exchange of fire or armed conflict.

Article IX

The two sides shall implement this Agreement without prejudice to their respective positions on the alignment of the line of actual control as well as on the boundary question.

Article X

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.