The University of EdinburghPeace Agreements DatabasePeaceRep

Inter-State Border Defence Cooperation Agreement between India and China

  • Country/entity

    China
    India
  • Region

    Asia and Pacific
    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 - ) )
  • 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.


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.