STATUS INDIA -TIBET BOUNDARY ISSUE AS ON NOV ( 2013)

SOURCE:
http://www.dailymail.co.uk/indiahome/indianews/article-2515187/India-ready-let-China-Aksai-Chin-neighbour-country-drops-claim-Arunachal-Pradesh.html


        STATUS  INDIA -TIBET BOUNDARY                      ( ISSUE  AS ON NOV 2013 )

         India 'ready to let China keep Aksai Chin' if neighbour country drops claim to Arunachal Pradesh

                                    By

                          Saurabh Shukla

 28 November 2013 

UPDATED 22 JUL 2017

The bhai-bhai days may soon be reborn in bye-bye avatar along the India-China border.

Foreign ministry documents on border negotiations accessed by Mail Today reveal that India has signalled its readiness to let its Aksai Chin region remain in Chinese hands in exchange for recognition of Arunachal Pradesh as part of its territory.

In other words, India is willing to give up its claims to Aksai Chin if China does the same for Arunachal.

China continues to push for territorial concessions in Arunachal Pradesh, which it has been eyeing for a long time, before moving forward on the long-standing border issue between the two countries.

Publicly, India has been holding to its stated position that there can't be any territorial concessions. But behind the closed doors of the negotiating room, India has told China that it "may not be averse to status quo position".

Simply put, it means that for China to give up its claim on the 90,000 sq km inside Arunachal, including Tawang, India could agree to give up 38,000 km sq of Jammu and Kashmir. That piece of land, called Aksai Chin in the Ladakh sector, has been in dispute since Pakistan annexed it and then illegally handed 5,180 sq km over to China in 1963.

Bargaining Point

This contentious formula is not the stated position of New Delhi, but it is being considered a bargaining point, officials privy to the discussions have told Mail Today.

Any such proposal can only be implemented if a new government in New Delhi has enormous political will, because there is an unanimous resolution of the Indian Parliament of 1962 that India will ensure that it gets back all territory illegally occupied by China.

Several documents based on the notes made by Indian officials suggest that even after 16 rounds of boundary negotiations, the talks are effectively deadlocked. China insists it needs substantial concessions on Arunachal Pradesh and the entire disputed Eastern sector before a framework or a formula to resolve disputes in all sectors can be agreed to.

The boundary talks are currently in the second leg of a three-stage process. Both sides signed an agreement on political parameters in 2005, and are now negotiating a framework to resolve disputes in all sectors.

First Stage

The first stage was to establish guiding principles, the second included evolving a consensus on a framework for the boundary, and the last step comprised carrying out its delineation and demarcation. This final stage involves delineating the border in maps and on the ground.

The 16th round of boundary negotiations earlier this year between National Security Advisor Shiv Shankar Menon and Chinese Special Interlocutor Yang Jeichi, a former Chinese foreign minister, also ended on a disappointing note, with India contesting the Chinese assertion that the boundary was never demarcated.

Menon has been a tough negotiator, responding strongly to Chinese suggestions of concessions and rejecting its maximalist approach.

The Indian side also says that both sides should, in the spirit of mutual respect and mutual understanding, make meaningful and mutually acceptable adjustments to their respective positions on the boundary question so as to arrive at a package settlement.

The Big Deal

A consensus is building where India and China may agree to territorial concessions. It means that for China to give up its claim on the 90,000 sq km inside Arunachal Pradesh, including Tawang, India could agree to give up 38,000 sq km of Jammu and Kashmir. 

That piece of land, called Aksai Chin in the Ladakh sector, has been in dispute since Pakistan annexed it and then illegally handed 5,180 sqkm over to China in 1963.

                                                              CHINESE WAR                                     PREPAREDNESS IN AKSAI CHIN

            UPDATED TILL 21 JUL 2017


Google Earth streams the world over wired and wireless networks enabling users to virtually go anywhere on the planet and see places in photographic detail. This is not like any map you have ever seen. This is a 3D model of the real world, based on real satellite images combined with maps, guides to restaurants, hotels, entertainment, businesses and more. You can zoom from space to street level instantly and then pan or jump from place to place, city to city, even country to country. Get Google Earth. Put the world in perspective. (http://earth.google.com) 









                                AKSAI CHIN AS SEEN FROM                                    GOOGLE  EARTH

                                                       ABOVE

CHINESE ROAD COMMUNICATIONS 
                                  &

   DEFENCES AS DETECTED FROM                                  GOOGLE EARTH








 PLA    MISSILE  BASE ( WITH TUNNELS )

    33 Km from  karakoraum pass 

                               AT   

                      18 Deg    Mag 

                                OR   

                 40  Km  22 Deg  Mag  


            FROM DAULAT BEG OLDI  
                              ON

  KARAKORAM   WATER- SHED  NORTH








NOT LISTED   AIR PORT WITH FIVE(05) Km RUNWAY  JUST 485 Km  NORTH  22 Deg NNE FROM NEW DELHI 

       LOC  FROM NGARI TOWN-  
48 Km  SSE 170 DEG ON G-219 HIGHWAY TO SHIGASTE .   NEW DELHI & ALL AIRPORTS OF NW INDIA ARE IN THE RANGE OF SS 11- MISSILES ( (NUKES ? )

BHUTAN : INDIA-BHUTAN FRIENDSHIP TREATY [ R ]

SOURCE:

[A]  file:///C:/Users/VASUNDHRA/Desktop/india-bhutan-treaty-07.pdf

[B] http://commonlii.org/in/other/treaties/INTSer/1949/14.html






    INDIA-BHUTAN FRIENDSHIP TREATY 

The Indian-Bhutan Friendship Treaty, which was signed in New Delhi on February 8, 2007, came into force following the exchange of Instruments of Ratification between the two governments in Thimphu on March 2, 2007.  


  INDIA-BHUTAN FRIENDSHIP TREATY 


The Government of the Republic of India and the Government of the Kingdom of Bhutan: 

Reaffirming their respect for each other's independence, sovereignty and territorial integrity; 

Recalling the historical relations that have existed between our two countries; 

Recognizing with deep satisfaction the manner in which these relations have evolved and matured over the years into a model of good neighborly relations; 

Being fully committed to further strengthening this enduring and mutually beneficial relationship based on genuine goodwill and friendship, shared interests, and close understanding and cooperation; 

Desiring to clearly reflect this exemplary relationship as it stands today; And having decided, through mutual consent, to update the 1949 Treaty relating to the promotion of, and fostering the relations of friendship and neighbourliness between India and Bhutan; 

Have agreed as follows: 

Article 1 

There shall be perpetual peace and friendship between India and Bhutan. 


Article 2 

In keeping with the abiding ties of close friendship and cooperation between Bhutan and India, the Government of the Kingdom of Bhutan and the Government of the Republic of India shall cooperate closely with each other on issues relating to their national interests. Neither Government shall allow the use of its territory for activities harmful to the national security and interest of the other. 



Article 3 

There shall, as heretofore, be free trade and commerce between the territories of the Government of Bhutan and the Government of India. Both the Governments shall provide full cooperation and assistance to each other in the matter of trade and commerce. 


Article 4 

The Government of India agrees that the Government of Bhutan shall be free to import, from or through India into Bhutan, whatever arms, ammunition, machinery, warlike material or stores as may be required or desired for the strength and welfare of Bhutan, and that this arrangement shall hold good for all time as long as the Government of India is satisfied that the intentions of the Government of Bhutan are friendly and that there is no danger to India from such importations. The Government of Bhutan agrees that there shall be no export of such arms, ammunition and materials outside Bhutan either by the Government of Bhutan or by private individuals. 



Article 5 

The Government of Bhutan and the Government of India agree that Bhutanese subjects residing in Indian territories shall have equal justice with Indian subjects, and that Indian subjects residing in Bhutan shall have equal justice with the subjects of the Government of Bhutan. 


Article 6 

The extradition of persons wanted by either state for crimes and for unlawful activities affecting their security shall be in keeping with the extradition agreements between the two countries. 


Article 7 

The Government of Bhutan and the Government of India agree to promote cultural exchanges and cooperation between the two countries. These shall be extended to such areas as education, health, sports, science and technology. 


Article 8 

The Government of Bhutan and the Government of India agree to continue to consolidate and expand their economic cooperation for mutual and long term benefit. 


Article 9 

Any differences and disputes arising in the interpretation and application of this Treaty shall be settled bilaterally by negotiations in a spirit of trust and understanding in consonance with the historically close ties of friendship and mutually beneficial cooperation that form the bedrock of Bhutan-India relations. 


Article 10 

This Treaty shall come into force upon the exchange of Instruments of Ratification by the two Governments which shall take place in Thimphu within one month of the signing of this Treaty.

The Treaty shall continue in force in perpetuity unless terminated or modified by mutual consent. 


In witness whereof, the undersigned being duly authorized thereto by their respective Governments, have signed this Treaty. 

Done at New Delhi on the Eighth Day of February Two Thousand and Seven, in two originals each in Hindi, Dzongkha and English languages, each text being equally authentic. 

However, in case of difference, the English text shall prevail. 

For the Government of For the Government of 
The Republic of India the Kingdom of Bhutan 


                         Sd/-                                                                          

(Pranab Mukherjee)     Minister of External Affairs   
   

                          Sd/-       
                            
 (H.R.H.Trongsa Penlop   Jigme Khesar Namgyel Wangchuck)                                                                                                 
The Crown Prince of Bhutan 


  ****************************************



                                                       APPENDIX  "A "
SOURCE:
http://commonlii.org/in/other/treaties/INTSer/1949/14.html

TREATY OF PERPETUAL PEACE AND FRIENDSHIP BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF BHUTAN [1949]

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TREATY OF PERPETUAL PEACE AND FRIENDSHIP BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF BHUTAN [1949] INTSer 14

TREATY OF PERPETUAL PEACE AND FRIENDSHIP BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF BHUTAN Darjeeling, 8 August 1949 The Government of India on the one part, and His Highness The Druk Gyalpo's Government on the other part, equally animated by the desire to regulate in a friendly manner and upon a solid and durable basis the state of affairs caused by the termination of the British Government's authority in India, and to promote and foster the relations of friendship and neighbourliness so necessary for the well-being of their peoples, have resolved to conclude the following treaty, and have, for this purpose named their representatives, that is to say Sri Harishwar Dayal representing the Government of India, who has full powers to agree to the said treaty on behalf of the Government of India, and Deb Zimpon Sonam, Tobgye Dorji, Yang-Lop Sonam, Chho-Zim Thondup, Rin-Zim Tandin and Ha Drung Jigmie Palden Dorji, representing the Government of His Highness the Druk Gyalpo, Maharaja of Bhutan, who have full powers to agree to the same on behalf of the Government of Bhutan. Article I There shall be perpetual peace and friendship between the Government of India and the Government of Bhutan. Article II The Government of India undertakes to exercise no interference in the internal administration of Bhutan. On its part the Government of Bhutan agrees to be guided by the advice of the Government of India in regard to its external relations. Article III In place of the compensation granted to the Government of Bhutan under Article 4 of the Treaty of Sinchula and enhanced by the treaty of the eighth day of January 1910 and the temporary subsidy of Rupees one lakh per annum granted in 1942, the Government of India agrees to make an annual payment of Rupees five lakhs to the Government of Bhutan. And it is further hereby agreed that the said annual payment shall be made on the tenth day of January every year, the first payment being made on the tenth day of January 1950. This payment shall continue so long as this treaty remains in force and its terms are duly observed. Article IV Further to mark the friendship existing and continuing between the said Governments, the Government of India shall, within one year from the date of signature of this treaty, return to the Government of Bhutan about thirty-two square miles of territory in the area known as Dewangiri. The Government of India shall appoint a competent officer or officers to mark out the area so returned to the Government of Bhutan. Article V There shall, as heretofore, be free trade and commerce between the territories of the Government of India and of the Government of Bhutan; and the Government of India agrees to grant the Government of Bhutan every facility for the carriage, by land and water, of its produce throughout the territory of the Government of India, including the right to use such forest roads as may be specified by mutual agreement from time to time. Article VI The Government of India agrees that the Government of Bhutan shall be free to import with the assistance and approval of the Government of India, from or through India into Bhutan, whatever arms, ammunition, machinery, warlike material or stores may be required or desired for the strength and welfare of Bhutan, and that this arrangement shall hold good for all time as long as the Government of India is satisfied that the intentions of the Government of Bhutan are friendly and that there is no danger to India from such importations. The Government of Bhutan, on the other hand, agrees that there shall be no export of such arms, ammunition, etc., across the frontier of Bhutan either by the Government of Bhutan or by private individuals. Article VII The Government of India and the Government of Bhutan agree that Bhutanese subjects residing in Indian territories shall have equal justice with Indian subjects, and that Indian subjects residing in Bhutan shall have equal justice with the subjects of the Government of Bhutan. Article VIII (1) The Government of India shall, on demand being duly made in writing by the Government of Bhutan, take proceedings in accordance with the provisions of the Indian Extradition Act, 1903 (of which a copy shall be furnished to the Government of Bhutan), for the surrender of all Bhutanese subjects accused of any of the crimes specified in the first schedule of the said Act who may take refuge in Indian territory. (2) The Government of Bhutan shall, on requisition being duly made by the Government of India, or by any officer authorised by the Government of India in this behalf, surrender any Indian subjects, or subjects of a foreign power, whose extradition may be required in pursuance of any agreement or arrangements made by.the Government of India with the said power, accused of any of the crimes, specified in the first schedule of Act XV of 1903, who may take refuge in the territory under the jurisdiction of the Government of Bhutan, and also any Bhutanese subjects who, after committing any of the crimes referred to in Indian territory, shall flee into Bhutan, on such evidence of their guilt being produced as shall satisfy the local court of the district in which the offence may have been committed. Article IX Any differences and disputes arising in the application or interpretation of this treaty shall in the first instance be settled by negotiation. If within three months of the start of negotiations no settlement is arrived at, then the matter shall be referred to the Arbitration of three arbitrators, who shall be nationals of either India or Bhutan, chosen in the following manner: (1) One person nominated by the Government of India; (2) One person nominated by the Government of Bhutan; (3) A Judge of the Federal Court, or of a High Court in India, to be chosen by the Government of Bhutan, who shall be Chairman. The judgernent of this Tribunal shall be final and executed without delay by either party. Article X This treaty shall continue in force in perpetuity unless terminated or modified by mutual consent. DONE in duplicate at Darjeeling this eighth day of August, one thousand nine hundred and forty-nine, corresponding with the Bhutanese date the fifteenth day of the sixth month of the Earth-Bull year. HARISHWAR DAYAE Political Officer in Sikkim. DEB ZIMPON SONAM  TOBGYE DORJI  YANG-LOP SONAM  CHHO-ZIM THONDUP  RIN-ZIM TANDIN HA DRUNG JIGMIE PALDEN DORJI Instruments of Ratification WHEREAS a Treaty relating to the promotion of, and fostering the relations of friendship and neighbourliness was signed at Darjeeling on the 8th day of August 1949 by representatives of the Government of India and of the Government of His Holiness the Druk Gyalpo, Maharaja of Bhutan, which Treaty is, word for word, as follows: * * * * * * * * * * * * The Government of India, having considered the treaty aforesaid, hereby confirm and ratify the same and undertake faithfully to perform and carry out all the stipulations therein contained. IN WITNESS WHEREOF this instrument of ratification is signed and sealed by the Governor-General of India. DONE at New Delhi, the 22nd day of September, 1949. C. RAJAGOPALACHARI, Governor-General of India. WHEREAS a Treaty relating to the promotion of, and fostering, relations of friendship and neighbourliness was signed at Darjeeling on the eighth day of August, 1949 by Representatives of my Government and of the Government of India, which Treaty is, word for word, as follows: * * * * * * * * * * * * My Government, having considered the treaty aforesaid, hereby confirm and ratify the same and undertake faithfully to perform and carry out all the stipulations therein contained. IN WITNESS WHEREOF I have signed this instrument of ratification and affixed hereto my seal. DONE at Tongsa the fifteenth day of September, 1949. J. WANGCHUK Druk Gyalpo Seal.

India Bilateral

Ministry of External Affairs, India

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URL: http://www.liiofindia.org/in/other/treaties/INTSer/1949/14.html

SIKKIM & THE GREAT GAME: The Great Game over Sikkim

SOURCE:
http://claudearpi.blogspot.in/2017/07/the-great-game-over-sikkim.html

Tibetan[INDIAN BRITISH] Army at the beginning of  the 20th century

           The Great Game over Sikkim 

                   Posted by
                  Claude Arpi



Labels: 

1890, China, Dokala, Doklam plateau, Sikki, Tibet

The spokesperson of the Chinese Ministry of Foreign Affairs has been vociferously trying to convince the Indian correspondents in Beijing about the 1890 Convention(known as Convention of March 17, 1890 between Great Britain and China relating to Sikkim and Tibet).

However, Beijing forgot to mention about the two main stakeholders, Tibet and Sikkim, who were not even consulted by the 'Great Imperial Powers'.
It is interesting to have the views of Tsepon WD Shakabpa, the Tibetan politician and famous historian. 

In his Tibet: a Political History, he explained:

In 1890 a convention was drawn up in Calcutta by Lord Lansdowne, the Governor-General of India and Sheng-t'ai, the Manchu Amban from Lhasa, without consulting the government of Tibet. The first article of the convention agreement defined the boundary between Tibet and Sikkim, and the second article recognized a British protectorate over Sikkim, which gave them exclusive control over the internal administration and the foreign relations of that country.

There was, however, no corresponding acknowledgment on the part of the British of China's authority over Tibet. The remaining six articles related to Tibet, and since she was not represented at the Convention, those articles were not allowed to be put into practice by the Tibetans. The British were aware that China exercised no real power in Tibet at that time; but it suited their interests to deal with the Manchus, because of the advantages they gained from the Convention.

It is also possible that, because of the brief clash between the Tibetans and the British at Lungthur [see note below], the Manchus were afraid that Tibet and Britain might enter into direct negotiations; they therefore agreed to a Convention to forestall such a possibility.

An addition was made to the Convention, known as the Trade Regulations of 1893, in which the question of increasing trade facilities across the Sikkim-Tibet frontier was discussed. Again, the provisions of that agreement could not be enforced because Tibet had not been a party to the negotiations. It is surprising that the British entered into a second agreement with the Manchus, when they knew from the results of the first agreement that there was no way of putting the agreement into effect.

The Manchus had signed on behalf of the Tibetans; yet they were totally unable to persuade or force them to carry out the provisions of the agreement.

A Tibetan, Lachag Paljor Dorje Shatra, was sent to Darjeeling to study the situation. He sent valuable reports to Lhasa; but they did not meet with the favor of the government, which still believed that too close a contact with the British would damage the Tibetan way of life and religion.

About that time, a Japanese monk, Ekai Kawaguchi, under the pretext of being a Ladahki monk, was enrolled for studies at the Sera monastery. He was delivering inaccurate information to the British in India through Sarat Chandra Das. Those inaccurate reports led the British to believe that Tibet was receiving military aid in the form of "small firearms, bullets, and other interesting objects" from Russia.
Moreover, Kawaguchi estimated that there must have been over two hundred Buriat students in the major monasteries of Tibet. The increasing fear of the establishment of Russian influence in Tibet, which would constitute a grave danger to India, led the British to realize that they could no longer deal with Tibet through China; but that they must attempt to establish direct contact with the Lhasa government.
The fact that the Convention of 1890 and the Trade Regulations of 1893 proved in practice to be of not the slightest use was because Tibet never recognized them.

Francis Younghusband quotes Claude White, the Political Officer of Sikkim, as saying that the Chinese had "no authority whatever" in Tibet and that "China was suzerain over Tibet only in name".

Note on Lungthur: 

In 1887, a fortified post was built by the Tibetans in Lungthur in North Sikkim, which according them, was inside their territory. Unfortunately the British did not agree with the demarcations and demanded their immediate removal.

An ultimatum was sent to the Tibetan commanders to vacate their fortifications before March 15, 1888. At the same time the British sent a formal protest which was forwarded to the Manchus and the Dalai Lama by the Choegyal.

Though not in a position to intervene, the Manchus told the British that “no marked separation existed formerly between Tibet and Sikkim” and that the Tibetans regarded the kingdom of Sikkim as an extension of their own country.

The Kashag (Cabinet of Ministers) replied to the Choegyal that there was no harm if Tibet defended its own borders. This time the British were not in a mood to discuss or even negotiate the exact position of the border.

With the pressure mounting, the British positioned more than 2,000 troops of the Sikkim Field Force. The Tibetans sent 900 men as reinforcement under two generals and a minister, Kalon Lhalu.

Till the last minute the Choegyal tried to mediate, but each party was determined to show the other that they were within their rights. Unfortunately for the Tibetans, their troops were no match for the British, neither in training, equipment nor discipline. The clash which took place at Lungthur was short and the Tibetans were trounced.


Where is Gipmochi?

Article 1 of the 1890 Convention states:

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 in to the Tibetan Mochu and northwards 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 Nepal territory. 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 in to the Tibetan Mochu and northwards 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 Nepal territory.

According to Sikkimese records, Gipmochi is Batang La, 5 km north of Doka La.
It means the territory South of Batang La is Bhutanese, therefore India did not 'trespass' into Tibet.

All this fuss for nothing?

BHUTAN CRISIS : Convention Between Great Britain and China Relating to Sikkim and Tibet (1890)

SOURCE:





AS PER THE CONVENTION OF 1890 BETWEEN CHINA AND GREAT BRITAIN [ SEE ARTICLE I ] THE DIRECTION OF THE FLOW OF WATER IS THE  CRUX.
 
    -------------------------------------------------------------------

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 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.

     ------------------------------------------------------------------------


CHINESE CLAIM IS BOGUS  ACTUAL MAP REFLECTS A DIFFERENT STORY

WATER-SHADE IS ACTUAL BOUNDRY

Legal Materials on Tibet

Treaties and Conventions Relating to Tibet


Convention Between Great Britain and China Relating to Sikkim and Tibet (1890) [382]



CONVENTION BETWEEN GREAT BRITAIN AND CHINA
RELATING TO SIKKIM AND TIBET


Signed at Calcutta, 17 March 1890

Ratified at London, 27 August 1890



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 Sheng 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:--


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 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.


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.


III. The Government of Great Britain and Ireland and the Government of China engage reciprocally to respect the boundary as defined in Article 1, and to prevent acts of Aggression from their respective sides of the frontier.


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.


V. The question of pasturage on the Sikkim side of the frontier is reserved for further examination and future adjustment.


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.


VII. Two joint Commissioners shall, within six months from the ratification of this Convention, be appointed, one by the British 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.


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 second moon of the 16th year of Kuang Hsu.


Landsdowne


Signature of the Chinese Plenipotentiary




Regulations Regarding Trade, Communications
and Pasturage Appended to the Convention

Between Great Britain and China

Relating to Sikkim and Tibet of 1890


Signed at Darjeeling, India, 5 December 1893



I. A trade mart shall be established at Yatung on the Tibetan side of the frontier, and shall be open to all British subjects for purposes of trade from the first day of May, 1894. The Government of India shall be free to send officers to reside at Yatung to watch the conditions of British trade at that mart.


II. British subjects trading at Yatung shall be at liberty to travel freely to and fro between the frontier and Yatung, to reside at Yatung, and to rent houses and godowns for their own accommodation, and the storage of their goods. The Chinese Government undertake that suitable buildings for the above purposes shall be provided for British subjects, and also that a special and fitting residence shall be provided for the officer or officers appointed by the Government of India under Regulation�I to reside at Yatung. 


British subjects shall be at liberty to sell their goods to whomsoever they please, to purchase native commodities in kind or in money, to hire transport of any kind, and in general to conduct their business transactions in conformity with local usage, and without any vexatious restrictions. Such British subjects shall receive efficient protection for their persons and property. At Lang-jo and Ta-chun, between the frontier and Yatung, where rest houses have been built by the Tibetan authorities, British subjects can break their journey in consideration of a daily rent.


III. Import and export trade in the following article arms, ammunition, military stores, salt, liquors, and intoxicating or narcotic drugs, may at the option of either Government be entirely prohibited, or permitted only on such conditions as either Government on their own side may think fit to impose.

IV. Goods, other than goods of the descriptions enumerated in Regulation III, entering Tibet from British India, across the Sikkim-Tibet frontier, or vice versa, whatever their origin, shall be exempt from duty for a period of five years commencing from the date of the opening of Yatung to trade; but after the expiration of this term, if found desirable, a tariff may be mutually agreed upon and enforced.


Indian tea may be imported into Tibet at a rate of duty not exceeding that at which Chinese tea is imported into England, but trade in Indian tea shall not be engaged in during the five years for which other commodities are exempt.


V. All goods on arrival at Yatung, whether from British India or from Tibet, must be reported at the Customs Station there for examination, and the report must give full particulars of the description, quantity, and value of the goods.


VI. In the event of trade disputes arising between British and Chinese or Tibetan subjects in Tibet, they shall be inquired into and settled in personal conference by the Political Officer for Sikkim and the Chinese Frontier Officer. The object of personal conference being to ascertain facts and do justice, where there is a divergence of views the law of the country to which the defendant belongs shall guide.

VII. Dispatches from the Government of India to the Chinese Imperial Resident in Tibet shall be handed over by the Political Officer for Sikkim to the Chinese Frontier Officer, who will forward them by special courier.


Dispatches from the Chinese Imperial Resident in Tibet to the Government of India will be handed over by the Chinese Frontier Officer to the Political Officer for Sikkim, who will forward them as quickly as possible.


VIII. Dispatches between the Chinese and Indian officials must be treated with due respect, and couriers will be assisted in passing to and fro by the officers of each Government.


IX. After the expiration of one year from the date of the opening of Yatung, such Tibetans as continue to graze their cattle in Sikkim will be subject to such Regulations as the British Government may from time to time enact for the general conduct of grazing in Sikkim. Due notice will be given of such regulations.



General Articles

I. In the event of disagreement between the Political Officer for Sikkim and the Chinese Frontier Officer, each official shall report the matter to his immediate superior, who, in turn, if a settlement is not arrived at between them, shall refer such matter to their respective Governments for disposal.

II. After the lapse of five years from the date on which these Regulations shall come into force, and on six months' notice given by either party, these Regulations shall be subject to revision by Commissioners appointed on both sides for this purpose who shall be empowered to decide on and adopt such amendments and extensions as experience shall prove to be desirable.

III. It having been stipulated that Joint Commissioners should be appointed by the British and Chinese Governments under the seventh article of the Sikkim-Tibet Convention to meet and discuss, with a view to the final settlement of the questions reserved under Articles�4, 5, and�6 of the said Convention; and the Commissioners thus appointed having met and discussed the questions referred to, namely, Trade, Communication, and Pasturage, have been further appointed to sign the agreement in nine Regulations and three General Articles now arrived at, and to declare that the said nine Regulations and the three General Articles form part of the Convention.


In witness whereof the respective Commissioners have hereto subscribed their names.


Done in quadruplicate at Darjeeling this 5th day of December, in the year one thousand eight hundred and ninety-three, corresponding with the Chinese date the 28th day of the 10th moon of the 19th year of Kuang Hsu.

A. W. PAUL,
British Commissioner
Ho Chang-Jung, James H. Hart,
Chinese Commissioners



Notes

1. Source for 1890 document: B.F.S.P., 1889-1890, Vol. 82, pp. 9-11.

2. Source for 1893 document: B.F.S.P., 1892-1893, Vol. 85, pp. 1235-1237.

Reproduced from M. C. van Walt van Praag's Status of Tibet: History, Rights and Prospects in International Law. With permission of the author.





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