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Synopsis of Sino-Indian agreements

On November 19, 1996, four separate agreements were signed by Chinese Foreign Minister Qian Qichen and External Affairs Minister Inder Kumar Gujral at Hyderabad House, in New Delhi. Analysts described the package as nothing less than a partial no-war pact:

Agreement on confidence-building measures

The overall thrust is towards building confidence in the military field along the Line of Actual Control, and builds further on the Agreement on the Maintenance of Peace and Tranquility along the Line of Actual Control in the Sino-Indian Border Areas, which was signed on September 7, 1993 during the visit to China of then prime minister P V Narasimha Rao.

Article I stipulates that "neither side shall use its military capability against the other side."

In Article II, the two sides reiterate their determination to seek a fair, reasonable and mutually acceptable settlement of the boundary question and to respect the Line of Actual Control until such point in time.

As per Article III, the two sides have agreed to limit their respective military forces within mutually agreed geographical zones along the LAC, to mutually agreed-upon ceilings. This exercise will cover the personnel of the field army, border defence forces, paramilitary forces and any other mutually agreed category of armed forces deployed in mutually agreed zones along the LAC. Further, major categories of armaments to be subjected to ceilings include: combat tanks, infantry combat vehicles, guns with 75 mm or bigger calibre, mortars with 120 mm or bigger calibre, surface-to-surface missiles, surface-to-air missiles and any other weapon system mutually agreed upon.

Ceilings on troops and armaments in mutually agreed zones along the LAC will be, the agreement said, determined in subsequent negotiations in accordance with the principle of mutual and equal security, with due consideration being given to parameters such as the nature of terrain, road communication and time taken to induct to deinduct troops and armaments. Military forces will be reduced or limited to minimum levels compatible with the friendly and good-neighbourly relations between the two countries. The geographical zones for the exercise are to be defined.

Article IV provides that the two sides shall avoid largescale military exercises involving more than one division (approximately 15,000 troops) in close proximity of the LAC. If either side conducts a major military exercise involving more than one Brigade Group (approximately 5,000 troops), it shall give the other side prior notification.

Article V prohibits flights of "combat aircraft" within 10 km of the LAC except with prior notification to the other side. Unarmed transport aircraft, surveillance aircraft and helicopters are permitted to fly up to the LAC. The Article also lays down parameters for flights of military aircraft across the LAC with prior clearance.

Article VI includes a prohibition on firing, blasting, hunting, etc, within two km of the LAC, with certain exceptions. It stipulates that if patrols of the two sides come face-to-face, they shall exercise self-restraint and both sides will enter into immediate consultations.

Article VII provides for maintenance and expansion of scheduled and flag meetings between border commanders at designated points, telecommunication links between border meeting points and medium and high-level contacts between border authorities.

Article VIII provides for exchange of information pertaining to natural disasters and epidemic diseases in contiguous border areas. It also lays down the mechanism for tackling situations involving personnel of one side inadvertently straying across the LAC.

Under Article IX, clarifications can be sought from the other side in case a doubtful situation develops in the border area or if either side has doubts regarding the manner in which the other side is observing the Agreement.

Article X notes that the full implementation of some of the provisions of the Agreement will depend on the two sides arriving at a common understanding of the LAC. Pending the completion of the LAC clarification exercise, the two sides shall work out modalities for implementing CBMs envisaged in the Agreement on an interim basis. The two sides have also agreed to expedite the LAC clarification exercise, beginning with an exchange of maps of the entire LAC.

Like the Agreement of 1993, the Agreement on CBMs will be implemented without prejudice to the respective positions of India and China on the boundary question.

Under Article XI, detailed implementation measures required under the Agreement will be decided through consultation in the JWC and the Expert Group, which are also briefed with carrying out the task of implementing the Agreement of 1993.

So much for the provisions. As per leading defence analysts who reviewed the agreements at the time, the CBMs had immense military implications. In brief, it meant that India, which at that point in time had its forces stretched thin by virtue of having to maintain a high-profile presence along its borders with both China and Pakistan, could now reduce its strength along the Chinese border, and concentrate on the one with Pakistan, thus strengthening its presence along the latter region.

The Hong Kong agreement

In accordance with the Sino-British Joint Declaration on the Question of Hong Kong (1984), the Chinese government will resume the exercise of sovereignty over Hong Kong on July 1, 1997 and Hong Kong will become a Special Administrative Region (SAR) of the People's Republic of China.

The agreement signed by I K Gujral and Qian Qichen provides the legal framework for the maintenance of the Consulate General of India, Hong Kong, after June 30, 1997. The government of the PRC has also given its consent to the Consulate General of India in Hong Kong concurrently performing consular functions in Macau before and after the PRC resumes the exercise of sovereignty over Macau with effect from December 20, 1999.

The drug trafficking agreement

This agreement, signed by then home minister Indrajit Gupta and Qian Qichen, provides a framework for exchange of information and mutual cooperation in combating drug trafficking and other crimes, including organised crime, illegal trafficking in arms and economic crimes.

Maritime transport agreement

This agreement, signed by minister for surface transport T G Venkataraman and Qian Qichen, lays down the detailed framework for the development of maritime traffic between India and China.

Under the agreement, the two countries have agreed to extend Most Favoured Treatment to each other's vessels in their respective ports. The agreement contains a clause regarding the avoidance of double taxation in respect of income and profits derived from international maritime transport. This agreement is an important step towards putting in place an institutional framework for trade and economic interaction between India and China.

The above is a synopsis of the agreements entered into in November 1996.

Interestingly, a certain Atal Bihari Vajpayee was among those who, at the time, hailed Jiang Zemin's visit, and the resulting agreements, as a major step towards lasting peace with China.

Very clearly, today, the Vajpayee government has ensured that these agreements are not worth the paper they are signed on. And, in the process, set Sino-Indian relations back to pre-1988 vintage.

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