The Historic Treaty
Recognising the need for effective confidence building measures
in the military field along the line of actual control in the
border areas between the two sides.
Noting, the utility of confidence building measures already in
place along the line of actual control in the India-China border
areas.
Committed to enhancing mutual confidence and transparency in the
military field, China and India have agreed as follows :
Article I
Neither side shall use its military capability against the
other side. No armed forces deployed by either side in the border
areas along the line of actual control as part of their respective
military strength shall be used to attack the other side or engage
in military activities that threaten the other side or undermine
peace, tranquillity and stability in the India-China border areas.
Article II
The two sides reiterate their determination to seek a fair,
reasonable and mutually acceptable settlement of the boundary
question. Pending an ultimate solution to the boundary question,
the two sides reaffirm their commitment to strictly respect and
observe the line of actual control in the India-China border areas.
No activities of either side shall overstep the line of actual
control.
Article III
The two sides agree to take the following measures to reduce or
limit their respective military forces within mutually agreed
geographical zones along the line of actual control in the
India-China border areas:
The two sides reaffirm that they shall reduce or limit
their respective military forces within mutually agreed
geographical zones along the line of actual control in the
India-China border areas to minimum levels compatible with the
friendly and good neighbourly relations between the two countries
and consistent with the principle of mutual and equal security.
The two sides shall reduce or limit the number of field
army, border defence forces, paramilitary forces and any other
mutually agreed category of armed force deployed in mutually agreed
geographical zones along the line of actual control to ceilings to
be mutually agreed upon. The major categories of armaments to be
reduced or limited are as follows: combat tanks, infantry combat
vehicles, guns (including howitzers) 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.
The two sides shall exchange data on the military forces
and armaments to be reduced or limited and decide on ceilings on
military forces and armaments to be kept by each side within
mutually agreed geographical zones along the line of actual control
in the India-China border areas. The ceilings shall be determined
in conformity with the requirement of the principle of mutual and
equal security, with due consideration being given to parameters
such as the nature of terrain, road communication, and other
infrastructure and time taken to induct/deinduct troops and
armaments.
Unarmed transport aircraft, survey aircraft and helicopters
shall be permitted to fly up to the line of actual control.
No military aircraft of either side shall fly cross the line
of actual control, except by prior permission. Military aircraft of
either side may fly across the line of actual control or overfly
the other side's airspace or land on the other side only after
obtaining the latter's prior permission after providing the latter
with detailed information on the flight in accordance with the
international practice in this regard.
Notwithstanding the above stipulation, each side has the
sovereign right to specify additional conditions, including at
short notice, for flights or landings of military aircraft of the
other side on its side of the line of actual control or through its
airspace.
In order to ensure flight safety in an emergency situation, the
authorities designated by the two sides may contact each other by
the quickest means of communications available.
Article VI
With a view to preventing dangerous military activities along
the line of actual control in the India-China border areas, the two
sides agree as follow:
Neither side shall open fire, cause bio-degradation,
use hazardous chemicals, conduct blast operations or hung with guns
or explosives within two kilometres from the line of actual control.
This prohibition shall not apply to routine firing activities in
small arms firing ranges.
If there is a need to conduct blast operations within two
kilometres of the line of actual control as part of developmental
activities, the other side shall be informed through diplomatic
channels or by convening a border personnel meeting, preferably
five days in advance.
While conducting exercises with live ammunition in areas
close to the line of actual control, precaution shall be taken to
ensure that a bullet or a missile does not accidentally fall on the
other side across the line of actual control and causes harm to the
personnel or property of the other side.
If the border personnel of the two sides come in a
face-to-face situation due to differences on the alignment of the
line of actual control or any other reason, they shall exercise
self-restraint and take all necessary steps to avoid an escalation
of the situation. Both sides shall also enter into immediate
consultations through diplomatic and/or other available channels
to review the situation and prevent any escalation of tension.
Article VII
In order to strengthen exchanges and co-operation between their
military personnel and establishments in the border areas along the
line of actual control, the two sides agree:
to maintain and expand the regime of scheduled and flag
meetings between their border representatives at designated places
along the line of actual control;
to maintain and expand telecommunciation links between their
border meeting points at designated places along the line of actual
control;
to establish step-by-step medium and high-level contacts
between the border authorities of the two sides.
Article VIII
Should the personnel of one side cross the line of actual
control and enter the other side because of unavoidable
circumstances like natural disasters, the other side shall extend
all possible assistance to them and inform their side as soon as
possible, regarding the forced or inadvertent entry across the line
of actual control. The modalities of return of the concerned
personnel to their own side shall be settled through mutual
consultations.
The two sides shall provide each other at the earliest
possible with information pertaining to natural disasters and
epidemic diseases in contiguous border areas which might affect the
other side. The exchange of information shall take place either
through diplomatic channels or at the border personnel meetings.
Article IX
In case a doubtful situation develops in the border region or in
the case one of the sides has some questions or doubts regarding
the manner in which the other side is observing this agreement
either side has the right to seek a clarification from the other
side. The clarifications sought and replies to them shall be
conveyed through diplomatic channels.
Article X
Recognising that the full implementation of some of the
provisions of the present agreement will depend on the two sides
arriving at a common understanding of the alignment of the line of
actual control in the India-China border area, the two sides agree
to speed up the process of clarification and confirmation of the
line of actual control.
As an initial step in this process, they
are clarifying the alignment of the line of actual control in those
segments where they have different perceptions. They also agree to
exchange maps indicating their respective perceptions of the entire
alignment of the line of actual control as soon as possible.
Pending the completion of the process of clarification
and confirmation of the line of actual control, the two sides shall
work out modalities for implementing confidence building measures
envisaged under this agreement on an interim basis, without
prejudice to their respective positions on the alignment of the
line of actual control as well as on the boundary question.
Article XI
Detailed implementation measures required under
Articles I to X of this agreement shall be decided through
mutual consultations in the India-China joint working group on the
boundary question. The India-China diplomatic and military expert
group shall assist the India-China joint working group in devising
implementation measures under the agreement.
Article XII
This agreement is subject to ratification and shall enter
into force on the date of exchange of instruments of ratification.
It shall remain in effect until either side decides to terminate it
after giving six months's notice in writing. It shall become invalid
six months after the notification.
This agreement is subject to amendment and addition by
mutual agreement in writing between the two sides.
Signed in duplicate in New Delhi on 29 November, 1996 in
the Hindi, Chinese and English languages, all three texts being
equally authentic. In case of divergence, the English text shall
prevail.
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