The Facts and China’s Position
Concerning the Indian Border Troops’ Crossing of the China-India
Boundary in the Sikkim Sector into the Chinese Territory
1
(Translation)
The Facts and China’s Position
Concerning the Indian Border Troops’ Crossing of the China-India
Boundary in the Sikkim Sector into the Chinese Territory
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1. The Dong Lang area (Doklam) is located in Yadong county of the
Tibet Autonomous Region of China. It borders India’s Sikkim state on the
west and the Kingdom of Bhutan on the south. In 1890, China and the
UK signed the Convention Between Great Britain and China Relating to
Sikkim and Tibet which delimited the boundary between the Tibet region
of China and Sikkim. According to the Convention, the Dong Lang area,
which is located on the Chinese side of the boundary, is indisputably
Chinese territory. For long, China’s border troops have been patrolling the
area and Chinese herdsmen grazing livestock there. At present, the
boundary between the Dong Lang area and Sikkim is a part of the
China-India boundary in the Sikkim Sector.
2. On 16 June 2017, the Chinese side was building a road in the
Dong Lang area. On 18 June, over 270 Indian border troops, carrying
weapons and driving two bulldozers, crossed the boundary in the Sikkim
Sector at the Duo Ka La (Doka La) pass and advanced more than 100
meters into the Chinese territory to obstruct the road building of the
Chinese side, causing tension in the area. In addition to the two
bulldozers, the trespassing Indian border troops, reaching as many as over
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400 people at one point, have put up three tents and advanced over 180
meters into the Chinese territory. As of the end of July, there were still
over 40 Indian border troops and one bulldozer illegally staying in the
Chinese territory.
3. After the outbreak of the incident, Chinese border troops took
contingency response measures on the spot. On 19 June, the Chinese side
made prompt and serious representations with the Indian side through
diplomatic channels to strongly protest and condemn the illegal trespass
by the Indian side and demand the immediate withdrawal of the
trespassing Indian border troops back to the Indian side of the boundary.
China’s Ministry of Foreign Affairs, Ministry of National Defense and the
Chinese Embassy in India made serious representations with India for
multiple times in Beijing and New Delhi, strongly urging India to respect
China’s territorial sovereignty and immediately pull back its trespassing
border troops. The spokespersons of the Chinese foreign and defense
ministries spoke in public on various occasions, laid out the facts and
truth, stated China’s position and released a map and on-the-scene photos
showing Indian troops’ trespass (see Appendix I).
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4. The China-India boundary in the Sikkim Sector has already been
delimited by the 1890 Convention Between Great Britain and China
Relating to Sikkim and Tibet (hereinafter referred to as the 1890
Convention, see Appendix II). Article I of this Convention stipulates that
“The boundary of Sikkim and Tibet shall be the crest of the mountain
range separating the waters flowing into the Sikkim Teesta and its
affluents from the waters flowing into the Tibetan Mochu and northwards
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into other Rivers of Tibet. The line commences at Mount Gipmochi on
the Bhutan frontier, and follows the above-mentioned water-parting to the
point where it meets Nipal territory.” (Mount Gipmochi is currently
known as Mount Ji Mu Ma Zhen.) The Convention gives a clear and
precise description of the alignment of the boundary in this sector. The
actual boundary on the ground follows the watershed and its alignment is
easily identifiable.
5. After the founding of the People’s Republic of China and the
independence of India, the governments of both countries inherited the
1890 Convention and the delimited China-India boundary in the Sikkim
Sector as established by the Convention. This is evidenced by Indian
Prime Minister Jawaharlal Nehru’s letters to Chinese Premier Chou
En-lai, diplomatic notes from the Indian Embassy in China to the Chinese
Foreign Ministry, and documents provided by the Indian side in the
Special Representatives Talks on China-India Boundary Question (see
Appendix III). Each of the two sides has for long exercised jurisdiction
over its side of the boundary delimited by the 1890 Convention without
any dispute over the specific alignment of the boundary. Once a boundary
is established by a convention, it is under particular protection of
international law and shall not be violated.
6. Since 18 June, the Indian border troops have illegally crossed the
China-India boundary in the Sikkim Sector and entered the Chinese
territory. This is an undeniable fact. The incident occurred in an area
where there is a clear and delimited boundary. This makes it
fundamentally different from past frictions between the border troops of
the two sides in areas with undelimited boundary. The Indian border
troops’ crossing of the already delimited boundary is a very serious
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incident, as it violates China’s sovereignty and territorial integrity,
contravenes the 1890 Convention and the UN Charter, and tramples
grossly on the basic principles of international law and basic norms
governing international relations.
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7. Since the incident broke out, India has invented various excuses to
justify its illegal action, but its arguments have no factual or legal
grounds at all and are simply untenable.
8. The China-India boundary in the Sikkim Sector has already been
delimited, and the Dong Lang area is Chinese territory. China’s road
building on its own territory is aimed at improving local transportation,
which is completely lawful and legitimate. China did not cross the
boundary in its road building, and it notified India in advance in full
reflection of China’s goodwill. The Indian border troops have flagrantly
crossed the mutually-recognized boundary to intrude into the Chinese
territory and violated China’s territorial sovereignty. This is indeed a real
attempt to change the status quo of the boundary, and it has gravely
undermined peace and tranquility of the China-India border area.
9. India has cited “serious security implications” of China’s road
building as a justification for its illegal crossing of the boundary.
According to UN General Assembly Resolution 3314 adopted on 14
December 1974, no consideration of whatsoever nature, whether political,
economic, military or otherwise, may serve as a justification for the
invasion or attack by the armed forces of a State of the territory of
another State. To cross a delimited boundary and enter the territory of a
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neighboring country on the grounds of so-called “security concerns”, for
whatever activities, runs counter to the basic principles of international
law and basic norms governing international relations. No such attempt
will be tolerated by any sovereign State, still less should it be the normal
way of conduct between China and India as two neighboring States.
10. Over the years, Indian troops have constructed a large number of
infrastructure facilities including roads at the Duo Ka La pass and its
nearby areas on the Indian side of the boundary, and even built
fortifications and other military installations on the boundary. China, on
the contrary, has only had very little infrastructure built on its side of the
boundary in the same sector. In recent years, Indian border troops have
also obstructed the normal patrols along the boundary by Chinese border
troops, and attempted to build military installations across the boundary.
In response, Chinese border troops lodged repeated protests and took
lawful actions to dismantle the facilities installed by the Indian military
on the Chinese side of the boundary. The fact of the matter is it is India
that has attempted time and again to change the status quo of the
China-India boundary in the Sikkim Sector, which poses a grave security
threat to China.
11. The 1890 Convention has made it abundantly clear that the
China-India boundary in the Sikkim Sector commences at Mount Ji Mu
Ma Zhen on the Bhutan frontier. Mount Ji Mu Ma Zhen is the eastern
starting point of the China-India boundary in the Sikkim Sector and it is
also the boundary tri-junction between China, India and Bhutan. The
Indian border troops’ trespass occurred at a place on the China-India
boundary in the Sikkim Sector, which is more than 2,000 meters away
from Mount Ji Mu Ma Zhen. Matters concerning the boundary
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tri-junction have nothing to do with this incident. India should respect the
1890 Convention and the eastern starting point of the China-India
boundary in the Sikkim Sector as established by the Convention. It has no
right to unilaterally alter the delimited boundary and its eastern starting
point, still less should it violate China’s territorial sovereignty on the
basis of its untenable arguments.
12. The stability and inviolability of boundaries is a fundamental
principle enshrined in international law. The China-India boundary in the
Sikkim Sector as delimited by the 1890 Convention has been
continuously valid and repeatedly reaffirmed by both the Chinese and
Indian sides. Either side shall strictly abide by the boundary which shall
not be violated. The Chinese and Indian sides have been in discussion on
making the boundary in the Sikkim Sector an “early harvest” in the
settlement of the entire boundary question during the meetings between
the Special Representatives on the China-India Boundary Question. This
is mainly in view of the following considerations. The boundary in the
Sikkim Sector has long been delimited by the 1890 Convention, which
was signed between then China and Great Britain. China and India ought
to sign a new boundary convention in their own names to replace the
1890 Convention. This, however, in no way alters the nature of the
boundary in the Sikkim Sector as having already been delimited.
13. The Dong Lang area has all along been part of China and under
China’s continuous and effective jurisdiction. There is no dispute in this
regard. Since the 1980s, China and Bhutan, as two independent sovereign
States, have been engaged in negotiations and consultations to resolve
their boundary issue. The two sides have, so far, had 24 rounds of talks
and reached broad consensus. Although the boundary is yet to be formally
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delimited, the two sides have conducted joint surveys in their border area
and have basic consensus on the actual state of the border area and the
alignment of their boundary. The China-Bhutan boundary issue is one
between China and Bhutan. It has nothing to do with India. As a third
party, India has no right to interfere in or impede the boundary talks
between China and Bhutan, still less the right to make territorial claims
on Bhutan’s behalf. India’s intrusion into the Chinese territory under the
pretext of Bhutan has not only violated China’s territorial sovereignty but
also challenged Bhutan’s sovereignty and independence. China and
Bhutan are friendly neighbors. China has all along respected Bhutan’s
sovereignty and independence. Thanks to the joint efforts of both sides,
the border area between China and Bhutan has always enjoyed peace and
tranquility. China will continue to work with Bhutan to resolve the
boundary issue between the two countries through negotiations and
consultations in the absence of external interference.
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14. Since the incident occurred, China has shown utmost goodwill
and great restraint and sought to communicate with India through
diplomatic channels to resolve the incident. But no country should ever
underestimate the resolve of the Chinese government and people to
defend China’s territorial sovereignty. China will take all necessary
measures to safeguard its legitimate and lawful rights and interests. The
incident took place on the Chinese side of the delimited boundary. India
should immediately and unconditionally withdraw its trespassing border
troops back to the Indian side of the boundary. This is a prerequisite and
basis for resolving the incident.
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15. China and India are the world’s largest developing countries. The
Chinese government always values the growth of good-neighborly and
friendly relations with India and is committed to maintaining peace and
tranquility in the border area between the two countries. The Chinese side
urges the Indian government to keep in mind the larger interest of
bilateral relations and the well-being of the two peoples, abide by the
1890 Convention and the delimited China-India boundary established
therein, respect China’s territorial sovereignty, observe the Five Principles
of Peaceful Coexistence and other basic principles of international law
and basic norms governing international relations, immediately withdraw
its trespassing border troops back to the Indian side of the boundary and
conduct a thorough investigation into the illegal trespass so as to swiftly
and appropriately resolve the incident and restore peace and tranquility to
the border area between the two countries. This would serve the
fundamental interests of both countries and go along with the shared
expectations of countries in the region and the wider international
community.
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Appendix I
1. Sketch Map of the Site of the Indian Troops’ Trespass
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2. On-the-Scene Photo I Showing the Indian Troops’ Trespass
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3. On-the-Scene Photo II Showing the Indian Troops’ Trespass
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Appendix II
CONVENTION BETWEEN GREAT BRITAIN AND CHINA
RELATING TO SIKKIM AND TIBET
WHEREAS Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India, and His Majesty the Emperor of
China, are sincerely desirous to maintain and perpetuate the relations of
friendship and good understanding which now exist between their
respective Empires; and whereas recent occurrences have tended towards
a disturbance of the said relations, and it is desirable to clearly define and
permanently settle certain matters connected with the boundary between
Sikkim and Tibet, Her Britannic Majesty and His Majesty the Emperor of
China have resolved to conclude a Convention on this subject, and have,
for this purpose, named Plenipotentiaries, that is to say:
Her Majesty the Queen of Great Britain and Ireland, his Excellency
the Most Honourable Henry Charles Keith Petty Fitzmaurice, G.M.S.I.,
G.C.M.G., G.M.I.E., Marquess of Lansdowne, Viceroy and
Governor-General of India;
And His Majesty the Emperor of China, his Excellency Shêng Tai,
Imperial Associate Resident in Tibet, Military Deputy
Lieutenant-Governor;
Who, having met and communicated to each other their full powers,
and finding these to be in proper form, have agreed upon the following
Convention in eight Articles:—
ARTICLE I.
The boundary of Sikkim and Tibet shall be the crest of the mountain
range separating the waters flowing into the Sikkim Teesta and its
affluents from the waters flowing into the Tibetan Mochu and northwards
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into other Rivers of Tibet. The line commences at Mount Gipmochi on
the Bhutan frontier, and follows the above-mentioned water-parting to the
point where it meets Nipal territory.
ARTICLE II.
It is admitted that the British Government, whose Protectorate over
the Sikkim State is hereby recognized, has direct and exclusive control
over the internal administration and foreign relations of that State, and
except through and with the permission of the British Government,
neither the Ruler of the State nor any of its officers shall have official
relations of any kind, formal or informal, with any other country.
ARTICLE III.
The Government of Great Britain and Ireland and the Government of
China engage reciprocally to respect the boundary as defined in Article I,
and to prevent acts of aggression from their respective sides of the
frontier.
ARTICLE IV.
The question of providing increased facilities for trade across the
Sikkim-Tibet frontier will hereafter be discussed with a view to a
mutually satisfactory arrangement by the High Contracting Powers.
ARTICLE V.
The question of pasturage on the Sikkim side of the frontier is
reserved for further examination and future adjustment.
ARTICLE VI.
The High Contracting Powers reserve for discussion and
arrangement the method in which official communications between the
British authorities in India and the authorities in Tibet shall be conducted.
ARTICLE VII.
Two joint Commissioners shall, within six months from the
ratification of this Convention, be appointed, one by the British
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Government in India, the other by the Chinese Resident in Tibet. The said
Commissioners shall meet and discuss the questions which, by the last
three preceding Articles, have been reserved.
ARTICLE VIII.
The present Convention shall be ratified, and the ratifications shall
be exchanged in London as soon as possible after the date of the signature
thereof.
In witness whereof the respective negotiators have signed the same,
and affixed thereunto the seals of their arms.
Done in quadruplicate at Calcutta, this 17th day of March, in the
year of our Lord 1890, corresponding with the Chinese date, the 27th day
of the 2nd moon of the 16th year of Kuang Hsü.
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Appendix III
A. Letter from Indian Prime Minister Jawaharlal Nehru to Chinese
Premier Chou En-lai dated 22 March 1959:
“The boundary of Sikkim, a protectorate of India, with the Tibet
Region of China was defined in the Anglo-Chinese Convention 1890 and
jointly demarcated on the ground in 1895.”
B. Letter from Indian Prime Minister Jawaharlal Nehru to Chinese
Premier Chou En-lai dated 26 September 1959:
“This Convention of 1890 also defined the boundary between
Sikkim and Tibet; and the boundary was later, in 1895, demarcated. There
is thus no dispute regarding the boundary of Sikkim with the Tibet
region.”
C. Note of the Indian Embassy in China to the Chinese Ministry of
Foreign Affairs dated 12 February 1960:
“The Chinese Government are aware of the special treaty relations
which the Government of India have with Bhutan and Sikkim. In view of
this the Government of India welcome the explanations given in the
Chinese note relating to the boundaries between Sikkim and Bhutan on
the one hand and Tibet on the other. The note states that the boundary
between Sikkim and the Tibet region of China has long been formally
delimited, and that there is neither any discrepancy on the maps nor any
dispute in practice. The Government of India would like to add that this
boundary has also been demarcated on the ground.”
D. Non-paper provided by the Indian side during the Meeting of the
Working Teams of the Special Representatives on China-India
Boundary Question on 10 May 2006:
“(e) Both sides agree on the boundary alignment in the Sikkim
Sector.”
