Inter-State Border Defence Cooperation Agreement between India and China

Country/entity
China
India
Region
Asia and Pacific
Agreement name
Inter-State Border Defence Cooperation Agreement between India and China
Date
23/10/2013
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
Implementation/renegotiation (Implementation modalities)
Conflict nature
Territory
Peace process
25: 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 []

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
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.
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
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
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
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
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.

The University of Edinburgh