Geostrategic miscalculations are behind India's border trespassing

Yi Fan China Daily Published: 2017-08-08 00:05:55
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A Foreign Ministry photo released on Wednesday shows Indian troops encroaching on Chinese territory. Provided to China Daily

A Foreign Ministry photo released on Wednesday shows Indian troops encroaching on Chinese territory. Provided to China Daily

The tensions caused by India's troops trespassing across the Sikkim section of the China-India border into Chinese territory show no signs of abating. This incident has brought back memories of colonial-era history and triggered fresh worries about a looming contest of will between the two giant Asian neighbors.

For China, the trespassing by Indian troops was unexpected and it is unacceptable as it happened in a section of the boundary that has hitherto been considered beyond dispute by both sides in the otherwise long drawn out and arduous boundary negotiations. The Sikkim section of the boundary was established by the 1890 Convention Between China and Great Britain Relating to Tibet and Sikkim, which was signed between Britain, the then colonial ruler of India, and China's Qing Dynasty (1644-1911). The Convention clearly marks Donglang as Chinese territory.

As is the norm under international law, the People's Republic of China inherited the boundary line between Donglang and Sikkim. On its part, India accepted the boundary as shown in letters from prime minister Jawaharlal Nehru to Chinese premier Zhou Enlai and through diplomatic notes and documents.

For 127 years, each side has exercised jurisdiction over its side of the boundary as delimited by the 1890 Convention without any dispute over the specific alignment of the boundary. These facts are clearly recounted in a recently published position paper by the Chinese Foreign Ministry.

The assertion by India that the 1890 Convention merely provides a basis for delimiting the boundary between the two countries is totally untenable. As the Chinese position paper makes clear, once a boundary is established by a convention, it is under the protection of international law and shall not be violated.

India's trespassing amounts to no less than a violation of China's territorial sovereignty, and China has the lawful right to take whatever measures it deems necessary to defend its territory.

India's initial lame argument was soon followed by another, as it claimed that its action was requested by Bhutan, which wanted India's help in defending its territory against China. Yet there has been no Bhutanese statement suggesting this was the case or even that it had prior knowledge of India's intent to trespass. This was borne out by the fact that Indian border troops crossed into China from the Indian side of the boundary in the Sikkim sector rather than from Bhutan.

Bhutan's frustration is well-captured by a recent blog by a wellknown Bhutanese commentator, who worried that India was getting Bhutan to claim territories that India itself had no right to claim.

Bhutan has had to follow Indian guidance in its external relations since 1949. Although a new treaty signed with India in 2007 nominally established equal relations between the two, Bhutan is not really free of India's interference in its external affairs. Using Bhutan as a cover for its trespassing only reveals India's true colors as a regional bully.

India's real motive is to make Donglang a disputed area. Donglang lies just dozens of miles away from the Siliguri Corridor, a narrow stretch of land known as the "Chick-en's Neck", which provides vital passage between India's northeastern states and the rest of the country. China's road construction in Donglang is seen by some Indian conspiracy theorists as an attempt to gain the capability to cut the Chicken's Neck.

Such zero-sum thinking has very much colored India's recent perceptions of China. Of late, it has harbored deep grievances at what it perceives to be China's obstructing of its ambitions to be a member of the Nuclear Suppliers Group and on the UN Security Council. And the fast progress China and Pakistan have made in advancing their economic corridor is a thorn in its side.

While misunderstandings between neighbors are understandable, India should engage in candid dialogue, not lawless provocations.

Defying an established boundary carries serious risks for India. If a clear boundary line bound by a legal instrument can be reneged on or tampered with, what about the hundreds of square kilometers of Tibetan territory that was lost to British Sikkim as a result of the 1890 Convention? If the boundary between Sikkim and China is no longer recognized as one between India and China, what would the status of Sikkim be? Furthermore, if India bends its border treaties at will, how can its neighbors be assured that their borders can be protected by international law and basic norms governing international relations?

When there are any bilateral differences, China's preferred approach is consultations to find a peaceful resolution. Yet it would be a grave mistake for India to take China's goodwill as a sign of weakness. China's resolve to defend its territorial sovereignty is unshakable. Time is fast running short for India to pull out from Chinese territory and on that basis explore a face-saving solution in consultation with China. India should do well to remember that its neighbor has the capability to "defeat all invading enemies".

The author is a Beijing-based researcher on international studies.

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LU Xiankun Professor LU Xiankun is Managing Director of LEDECO Geneva and Associate Partner of IDEAS Centre Geneva. He is Emeritus Professor of China Institute for WTO Studies of the University of International Business and Economics (UIBE) and Wuhan University (WHU) of China and visiting professor or senior research fellow of some other universities and think tanks in China and Europe. He also sits in management of some international business associations and companies, including as Senior Vice President of Shenzhen UEB Technology LTD., a leading e-commerce company of China. Previously, Mr. LU was senior official of Chinese Ministry of Commerce and senior diplomat posted in Europe, including in Geneva as Counsellor and Head of Division of the Permanent Mission of China to the WTO and in Brussels as Commercial Secretary of the Permanent Mission of China to the EU. Benjamin Cavender Benjamin Cavender is a Shanghai based consultant with more than 11 years of experience helping companies understand consumer behavior and develop go to market strategies for China. He is a frequent speaker on economic and consumer trends in China and is often featured on CNBC, Bloomberg, and Channel News Asia. Sara Hsu Sara Hsu is an associate professor from the State University of New York at New Paltz. She is a regular commentator on Chinese economy. Xu Qinduo Xu Qinduo is CRI's former chief correspondent to Washington DC, the United States. He works as the producer, host and commentator for TODAY, a flagship talk show on current affairs. Mr. Xu contributes regularly to English-language newspapers including Shenzhen Daily and Global Times as well as Chinese-language radio and TV services. Lin Shaowen A radio person, Mr. Lin Shaowen is strongly interested in international relations and Chinese politics. As China is quite often misunderstood in the rest of the world, he feels the need to better present the true picture of the country, the policies and meanings. So he talks a lot and is often seen debating. Then friends find a critical Lin Shaowen criticizing and criticized. George N. Tzogopoulos Dr George N. Tzogopoulos is an expert in media and politics/international relations as well as Chinese affairs. He is Senior Research Fellow at the Centre International de Européenne (CIFE) and Visiting Lecturer at the European Institute affiliated with it and is teaching international relations at the Department of Law of the Democritus University of Thrace. George is the author of two books: US Foreign Policy in the European Media: Framing the Rise and Fall of Neoconservatism (IB TAURIS) and The Greek Crisis in the Media: Stereotyping in the International Press (Ashgate) as well as the founder of chinaandgreece.com, an institutional partner of CRI Greek. David Morris David Morris is the Pacific Islands Trade and Investment Commissioner in China, a former Australian diplomat and senior political adviser. Harvey Dzodin After a distinguished career in the US government and American media Dr. Harvey Dzodin is now a Beijing-based freelance columnist for several media outlets. While living in Beijing, he has published over 200 columns with an emphasis on arts, culture and the Belt & Road initiative. He is also a sought-after speaker and advisor in China and abroad. He currently serves as Nonresident Research Fellow of the think tank Center for China and Globalization and Senior Advisor of Tsinghua University National Image Research Center specializing in city branding. Dr. Dzodin was a political appointee of President Jimmy Carter and served as lawyer to a presidential commission. Upon the nomination of the White House and the US State Department he served at the United Nations Office in Vienna, Austria. He was Director and Vice President of the ABC Television in New York for more than two decades.