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

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
07/09/1993
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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.
Sino-Indian Border Dispute (1962 - ) )
Stage
Pre-negotiation/process (Principles)
Conflict nature
Territory
Peace process
25: 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 []

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

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.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
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.

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
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
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
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
No specific mention.
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.

The University of Edinburgh